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Council Te Kaunihera
C21-10 Thursday, 12 August 2021 Council Chambers Barkes Corner, Tauranga 9.30am
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12 August 2021 |
Council
Membership
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Chairperson |
Mayor Garry Webber |
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Deputy Chairperson |
Deputy Mayor John Scrimgeour |
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Members |
Cr Grant Dally Cr Mark Dean Cr
James Denyer Cr Monique Gray Cr Anne Henry Cr Kevin Marsh Cr Margaret Murray-Benge Cr Allan Sole Cr Don Thwaites |
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Quorum |
6 |
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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.
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Council Meeting Agenda |
12 August 2021 |
Notice is hereby given that a Meeting of Council will
be held in the Council Chambers, Barkes
Corner, Tauranga on:
Thursday, 12 August 2021 at 9.30am
8 Community Board Minutes for Receipt
8.1 Minutes of the Katikati Community Board Meeting held on 21 July 2021
8.2 Minutes of the Maketu Community Board Meeting held on 27 July 2021
8.3 Minutes of the Te Puke Community Board Meeting held on 29 July 2021
8.4 Minutes of the Ōmokoroa Community Board Meeting held on 3 August 2021
9 Council and Committee Minutes for Confirmation.
9.1 Minutes of the Katikati - Waihī Beach Ward Forum Meeting held on 22 June 2021
9.2 Minutes of the Council Meeting held on 29 June 2021
9.3 Minutes of the Kaimai Ward Forum Meeting held on 1 July 2021
9.4 Minutes of the Maketu - Te Puke Ward Forum Meeting held on 5 July 2021
9.5 Minutes of the Policy Committee Meeting held on 6 July 2021
9.6 Minutes of the District Plan Committee Meeting held on 6 July 2021
9.7 Minutes of the Performance and Monitoring Committee Meeting held on 20 July 2021
10.2 Tourism Bay of Plenty Statement of Intent 2021/2022 to 2023/2024
10.3 2021 Community Matching Fund
10.4 Resource Management Act 1991 Delegations
10.6 Chief Executive Officer's Extrordinary Report
10.7 Mayor's Report to Council - 12 August 2021
12 Resolution to Exclude the Public
12.1 Confidential Minutes of the Council Meeting held on 29 June 2021
12.2 Confidential Minutes of the Performance and Monitoring Committee Meeting held on 20 July 2021
12.3 Chief Executive Officer's Report - Request For Execution of Documents Under Seal of Council
1 Present
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12 August 2021 |
8 Community Board Minutes for Receipt
8.1 Minutes of the Katikati Community Board Meeting held on 21 July 2021
File Number: A4287347
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Katikati Community Board Meeting held on 21 July 2021 be received.
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1. Minutes of the Katikati Community Board Meeting held on 21 July 2021
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Katikati Community Board Meeting Minutes |
21 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Katikati Community Board Meeting No. K21-4
HELD IN THE Centre. Pātuki Manawa,
21 Main Road, Katikati 3129
ON Wednesday, 21 July 2021 AT 7.00pm
1 Present
Member B Warren (Chairperson), Member J Clements, Member K Sutherland, Cr J Denyer and Cr A Sole
2 In Attendance
J Pederson (Group Manager People and Customer Services), A Hall (Roading Engineer – West), H Willis (SCADA Systems Engineer) and P Osborne (Senior Governance Advisor)
10 Members of the public, including Councillor Anne Henry.
3 Apologies
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Apology |
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Resolution K21-4.1 Moved: Member K Sutherland Seconded: Cr A Sole That the apology for absence from Member N Harray be accepted. Carried |
4 Consideration of Late Items
Nil
5 Declarations of Interest
· Councillor Sole declared an interest in item 9.3 ‘33 Middlebrook Drive’
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.
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Public Forum Adjourn Meeting |
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Resolution K21-4.2 Moved: Cr J Denyer Seconded: Cr A Sole That the meeting adjourn for the purpose of holding a public forum. Carried |
Norm Mayo – Katikati Residents and Ratepayers Association
Mr Mayo was in attendance to speak to the Board on the below items:
- Concern raised from members of the community in regards to the Long Term Plan (LTP) rate and debt increase;
- Disappointment over the new Kerbside Rubbish Collection contract going to a Chinese company instead of a local company;
- Mr Mayo was of the belief that occupants of Tanners Point were living ‘rent free’; and
- The Residents and Ratepayers Association did not support the Three Waters Reform. The Reform proposed was ‘opt-in’ and consultation was planned for a future date.
Ewen Luskie – Various Items
Mr Luskie was in attendance to speak to the Board on the below items:
- Identified potential health and safety issues relating to the Stormwater retention pond at the end of Park Road. Mr Luskie was worried that, with the amount of water in the pond, it was a potential drowning hazard;
- Stormwater drains on Park Road were not being kept clear;
- Would like to see the levels of visibility at the Levley Lane/Park Road intersection addressed, as Mr Luskie believed that more could be done. The Roading Engineer (West) would make an assessment of the intersection; and
- Clarification was provided in relation to the Yeoman Walkway project. Mr Luskie was informed that consultation was planned for a future date.
Jim Davison – Various Items
Mr Davison was in attendance to provide the Board with updates relating to the Katikati Memorial Hall and the Highfields Pond.
Katikati Memorial Hall
- Building compliance had been received;
- The stage had a re-paint;
- Curtains had been dry-cleaned;
- An investigation on structural requirements had commenced; and
- Bookings for the hall were busy.
Highfields Pond
- Happy with the $130,000 set aside in the Long Term Plan (LTP) for spending in the 2022/2023 financial year;
- The proposal for Council approval would be drawn up;
- Planning would commence at the beginning of 2022; and
- The present pond would be drained at the same time, to allow earthworks to start.
Jacqui Knight – Various Items
Ms Knight was in attendance to speak to the Board on the below items:
- Noted the amount of homeless people in Katikati and wondered if it would be possible to have a public ‘pay-as-you-go’ shower installed in town.
- Seeking some help with the removal of Councils Main Street security camera system from the Arts Junction (Old Katikati Library). Someone was wanting to lease the space, and despite efforts to try and work with Council, the system was yet to be re-located. The Group Manager People and Customer Service agreed to follow this up for Ms Knight.
- Highlighted a potential use of the C.E Miller fund, with the installation of permanent lights around the playground between the Arts Junctions and the Museum.
- Would be putting in a Service Request to investigate what had happened to the lights that previously shone up from the Uretara Bridge.
- A request for the Community Board to consult with the Katikati Trails Development Group around the potential of using the Boards 2021/2022 Roading budget towards safer walking and cycling routes in Katikati.
- Noted that the Waitekohekohe Reserve project looked fantastic, and the Community Board was encouraged to familiarise themselves with the area.
Don Wallis – Katikati Trails Development Group
Mr Wallis was in attendance to speak to the Board on behalf of the Katikati Trails Development Group. The Group would like to see safer walking and cycling routes/trails around Katikati, noting that they proposed to focus on one area at a time. Mr Wallis noted that their priority at the moment was the footpath along Waterford Road, from Mulgan Street into the town centre.
It was suggested that more paint and signs would help bring awareness to bikers on the road. Mr Wallace invited the Board to attend the Katikati Trails Development Group to discuss the use of the 2021/2022 Community Board Roading budget.
The Board encouraged the Katikati Trails Development Group to add their preferred routes for walk/cycleways into the Katikati Community and Town Centre Plan.
The Roading Engineer (West) informed Mr Wallis that Council funded a group of officers called ‘Travel Safe’, who worked with schools on safe travel patterns to and from schools. The Roading Engineer (West) would ask ‘Travel Safe’ to consult with the school around encouraging kids to bike to and from school.
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Public Forum Meeting Reconvened |
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Resolution K21-4.3 Moved: Cr A Sole Seconded: Cr J Denyer That the meeting reconvene in formal session at 7.48pm. Carried |
8 Minutes for Confirmation
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8.1 Minutes of the Katikati Community Board Meeting held on 26 May 2021 |
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Resolution K21-4.4 Moved: Member K Sutherland Seconded: Cr J Denyer That the Minutes of the Katikati Community Board Meeting held on 26 May 2021, as circulated with the agenda, be confirmed as a true and accurate record. Carried |
9 Reports
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9.1 Katikati Community Board Chairpersons Report - July 2021 |
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The Board considered a report from the Chairperson, with further discussion on the below items. C.E.Miller Fund The Board would be looking at ways to use the funds for beautification around Katikati. The Board would discuss the potential of combining funds later in the agenda, during the financial report. Local Roading Budget Member Clements circulated a proposal prior to the meeting in regards to how the Board could spend the new Roading Budget. The Board agreed to discuss this further at a workshop. School Zone The Roading Engineer (West) provided the Board with the response received from WestLink and Waka Kotahi in regards to the pedestrian crossing outside the school, noting that the response supported advice previously provided to the Board. It was also reiterated that red paint was not Councils Level of Service for Zebra Crossings. The Board was unhappy with the response received, as they were aware of other areas that had used red paint under the white stripes of a pedestrian crossing. The Board decided to contact Waka Kotahi directly. Avocado Festival Events Management Council staff would be organising a meeting with Community Board members and Katch Katikati to discuss Council contribution and cooperation with the Annual Avocado Festival. Three Waters Reform The Board was reminded that there were still a lot of unknowns surrounding the potential $20 million funds available to Council, and therefore no further updates were provided.
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Resolution K21-4.5 Moved: Cr J Denyer Seconded: Member K Sutherland That the Chairperson’s report dated 21 July 2021, titled ‘Katikati Community Board Chairpersons Report – July 2021’, be received. Carried |
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9.2 Katikati Community Board Councillor's Report - July 2021 |
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The Board considered a report from Councillor Sole, noting the below amendment: · ‘Total rate increase for the year 2021-22 of 11.51%.’ Councillor Sole gave a brief overview on each item of his report with clarification that the transfer of the Three Waters assets would take approximately one third of WBOPDC’s assets, and close to 70-75% of WBOPDC’s debt.
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Resolution K21-4.6 Moved: Cr A Sole Seconded: Cr J Denyer That the Councillor’s report dated 21 July 2021, titled ‘Katikati Community Board Councillor’s Report – July 2021’, be received. Carried |
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9.3 33 Middlebrook Drive |
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Councillor Sole declared an interest in this item, withdrew from the meeting and took no part in the discussion or voting thereon. The Board considered a report from the Strategic Property Manager. The report was taken as read. The Board expressed concern, as they wanted to hear from each of the interested parties prior to taking the recommendation to Council. The Board agreed that they would invite representatives from each of the interested parties to the next Community Board workshop, to allow the Board to represent all interested parties equally in their decision.
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Resolution K21-4.7 Moved: Member B Warren Seconded: Cr J Denyer 1. That the Strategic Property Manager’s report dated 21 July 2021, titled ’33 Middlebrook Drive’, be received. 2. That the Katikati Community Board defer this item to allow for further discussion with the interested parties. Carried |
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9.4 Katikati Community Board Grant Application |
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The Board considered a report from the Senior Governance Advisor. The report was taken as read with further discussion around the type of funding assistance that was being sought. The Board noted that, under the funding criteria, the application for funding should relate to activities/projects rather than re-occurring administrative costs. Representatives from the Katikati Boating Club were informed prior to the meeting, and would look at potential funding options for the future.
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Resolution K21-4.8 Moved: Member B Warren Seconded: Cr A Sole 1. That the Senior Governance Advisor’s report dated 21 July 2021, titled ‘Katikati Community Board Grant Application’, be received. 2. That the Katikati Community Board not approve the Grant Application from Katikati Boating Club. Carried |
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9.5 Infrastructure Services Report Katikati Community Board July 2021 |
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The Board considered a report from the Deputy Chief Executive. The report was taken as read with further discussion on the below: Property – Town Centre Katikati The Board noted that the draft that had been received was more of a sketch than a workable draft.
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Resolution K21-4.9 Moved: Member K Sutherland Seconded: Member J Clements That the Deputy Chief Executive’s report dated 21 July 2021, titled ‘Infrastructure Services Report Katikati Community Board July 2021’, be received. Carried |
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9.6 Financial Report Katikati - June 2021 |
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The Board considered a report from the Management Accountant. The report was taken as read. The Board noted that Council staff would report back on work being completed by Boffa Miskell for the review of the Katikati Community and Town Plan. The Board requested information regarding the merging of the Reserve balance and the C.E Miller Estate Reserve to fund a bigger project. The Board was reminded that each reserve fund had its own criteria, so the project would have to align with both criteria, in order for both funds to be used together.
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Resolution K21-4.10 Moved: Cr A Sole Seconded: Cr J Denyer That the Management Accountant’s report dated 21 July 2021, titled ‘Financial Report Katikati – June 2021’, be received. Carried |
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9.7 Council, Standing Committees and Community Board Meetings |
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Resolution K21-4.11 Moved: Member K Sutherland Seconded: Cr J Denyer That the draft schedule of meetings for August, September and October 2021, be received. Carried |
The Meeting closed at 8.29pm.
The minutes of this meeting were confirmed at the Katikati Community Board held on 15 September 2021.
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Member B Warren
CHAIRPERSON
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12 August 2021 |
8.2 Minutes of the Maketu Community Board Meeting held on 27 July 2021
File Number: A4296171
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Maketu Community Board Meeting held on 27 July 2021 be received.
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1. Minutes of the Maketu Community Board Meeting held on 27 July 2021
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Maketu Community Board Meeting Minutes |
27 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Maketu Community Board Meeting No. MC21-4
HELD IN THE Maketu Community Centre
ON Tuesday, 27 July 2021 AT 7.00pm
1 Present
Member S Beech (Chairperson), Member L Rae, Member W Ra Anaru, Member S Simpson, Cr K Marsh and Deputy Mayor J Scrimgeour
2 In Attendance
R Davie (Group Manager Policy Planning and Regulatory Services), C McLean (Senior Transportation Engineer) and P Osborne (Senior Governance Advisor)
3 Apologies
Nil
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
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.
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Public Forum Adjourn Meeting |
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Resolution MC21-4.1 Moved: Deputy Mayor J Scrimgeour Seconded: Member L Rae That the meeting adjourn for the purpose of holding a public forum. Carried |
Aroha Maxwell – LED Lighting
Ms Maxwell was in attendance to speak to the Board on the below items regarding the new LED Lighting:
- Holiday homeowners in the community were concerned that the new street lights were too dull, and therefore made it difficult for people to spot potential burglars.
- The duller lighting meant that it was not as safe for children walking home in the darker months, noting that many cars sped along Williams Crescent.
- It was noted that there was surface water and loose rocks on Williams Crescent and Town Point Road. A Service Request (CCR) would be raised for this issue.
A member of the public noted that they found that the lights were bright, however they were directional rather than providing more of a ‘flood lighting’ effect.
The Board noted that, through their own investigation, they believed more lights should be installed around Maketu.
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Public Forum Meeting Reconvened |
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Resolution MC21-4.2 Moved: Member S Simpson Seconded: Member W Ra Anaru That the meeting reconvene in formal session at 7.07pm. Carried |
8 Minutes for Confirmation
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8.1 Minutes of the Maketu Community Board Meeting held on 1 June 2021 |
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Resolution MC21-4.3 Moved: Cr K Marsh Seconded: Member S Simpson That the Minutes of the Maketu Community Board Meeting held on 1 June 2021, as circulated with the agenda, be confirmed as a true and accurate record. Carried |
9 Reports
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9.1 Maketu Community Board Chairpersons Report - July 2021 |
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The Board considered a report from the Chairperson, who provided the Board with a brief overview of the report. The Chairperson acknowledged the resignation of the Western Bay of Plenty District Council (WBOPDC) Roading Engineer (East), noting that the Senior Transportation Engineer was in attendance until a replacement was sought. The Board noted the below items: - The Church Road barrier had been repaired; and - The water fountain was being re-located. The Board noted that they would monitor the rubbish bin currently placed next to the public toilet at the Maketu Sports Ground. There was concern that, due to it being next to the road, people would dump household rubbish in that bin. The Board would monitor this to see if it needed to be addressed at a later date.
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Resolution MC21-4.4 Moved: Member S Beech Seconded: Cr K Marsh That the Chairperson’s report dated 27 July 2021, titled ‘Maketu Community Board Chairpersons Report – July 2021’, be received. Carried |
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9.2 Maketu Community Board Councillor's Report - July 2021 |
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The Board considered a report from Deputy Mayor Scrimgeour, who provided the Board with an update on each of the below items. Long Term Plan (LTP) Adoption The LTP was adopted by Council at the meeting held 27 June 2021. There would be a rates increase of 11.5% in the first year, with a cap of 4% for the following years. The request from Maketu School, in regards to a funding contribution for the playground upgrade, was approved. Council would fund half of the project cost, on the condition that the school could fund the other half of the required funds. Maketu-Te Puke Reserve Management Plan The Board was involved in the bus tour, and discussions with Council’s Senior Recreation Planner, during a Maketu workshop. Otaiparia Reserve The name change, from 83 Ford Road, and a concept plan to develop the coastal site, was formally adopted by the Policy Committee on 27 July 2021. Three Waters Reform The below updates were provided, following the Local Government New Zealand (LGNZ) Conference: - It was noted that some Mayors and Councils were questioning the proposal to transfer water assets to a public entity; - The Honourable Nanaia Mahuta noted that the review had identified the scale of the issue; - The Board was advised that the Government was proposing that the debt associated with the assets would also be transferred over to the new public entity; and - The proposal was that the current 67 Territorial Authorities would reduce down to four entities. This would be an amalgamation of Councils within the area, specifically for this purpose. It was noted that the proposal identified the Bay of Plenty, Waikato, Coromandel and Taranaki Regions as ‘Zone 2’.
The Group Manager Policy Planning and Regulatory Services entered the meeting at 7.19pm.
Waiāri Katikati Advisory Group – Tauranga City Council (TCC) Consent The Board was advised that the Committee membership had been altered, and no decisions on the proposals had been made to date. Wastewater Alternative Discharge Options and Kaitiaki Group – WBOPDC Discharge Consent A Kaitiaki Group had been established, and was going through an ‘education process’ to understand what had been done. |
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Resolution MC21-4.5 Moved: Deputy Mayor J Scrimgeour Seconded: Member S Beech That the Councillor’s report dated 27 July 2021, titled ‘Maketu Community Board Councillor’s Report – July 2021’, be received. Carried |
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9.3 Infrastructure Services Report Maketu Community Board July 2021 |
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The Board considered a report from the Deputy Chief Executive. The report was taken as read with further discussion on the below items: Maketu Cycleway The Board sought clarification around the prioritisation for the funding of Stage 2. It was noted that Waka Kotahi (NZTA) had not confirmed how much funding Council would receive in the 2021/2022 financial year, however this should be confirmed by late August 2021. The Board was also informed that there were a number a cycleway projects around the District, so these would have to be prioritised. Surf Club Carpark Reserve Rock Revetment The Board noted that, at the previous Community Board meeting, they had requested to have an on-site meeting with Council staff to discuss the two proposed options. The Board requested that this happen as soon as possible, due to the health and safety concerns around this area. Spencer Avenue Reserve Levelling The Board was advised that this report would be made available to them by the end of June 2021, however they were yet to see this. The Board requested for this to be followed up. Need for Stop Signs on Te Awhe Road The Board noted that the vegetation clearance works had not been completed, and therefore Council’s Minute Action Sheet (MAS) needed to remain open. Annual Plan 2020 Requests – Outdoor Gym/Exercise Equipment The Board was advised that an onsite meeting with Council staff had occurred to confirm placement of the two new outdoor gym/exercise equipment pieces. The Board was informed that the current equipment pieces were used very well. Water Fountain Installation The Board noted that, due to the re-location of this water fountain, Council’s MAS should remain open until the project had been completed. Annual Plan 2020 Requests – Additional BBQ by the Surf Club Member Ra Anaru informed the Board that he had drafted a letter to Te Arawa Lakes to explain the intentions of the Board to install an additional BBQ. The letter would also seek permission to carry out the works.
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Resolution MC21-4.6 Moved: Cr K Marsh Seconded: Member W Ra Anaru That the Deputy Chief Executive’s Report, dated 27 July 2021 and titled ‘Infrastructure Services Report Maketu Community Board July 2021’, be received. Carried |
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9.4 Maketu Community Board Financial Report - June 2021 |
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The Board considered a report from the Management Accountant. The report was taken as read. The Board asked for the two ‘committed reserves expenditure’ resolutions that referenced the ‘Entrance Signs into Maketu’ project to be merged. The Board noted that they would like to see Council contribute to the ANZAC Day dawn service in Maketu. The funds had been coming out of the Community Board Grants Account, however the Board agreed that they felt that this was something that the ANZAC Committee should not need to apply for on a yearly basis. The Chairperson was encouraged to write a formal request to Council.
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Resolution MC21-4.7 Moved: Member W Ra Anaru Seconded: Deputy Mayor J Scrimgeour That the Management Accountant’s report dated 27 July 2021 and titled ‘Maketu Community Board Financial Report – June 2021’, be received. Carried |
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9.5 Council, Standing Committees and Community Board Meetings |
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The Chairperson reminded the Board that they had been invited to the Te Arawa ki Tai hui taking place at Tia Marae in Rangiuru on Thursday 29 July at 10.00am. Member Simpson noted his apologies for this meeting.
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Resolution MC21-4.8 Moved: Deputy Mayor J Scrimgeour Seconded: Member L Rae That the draft schedule of meetings for August, September and October 2021, be received. Carried |
The Meeting closed at 7.50pm.
The minutes of this meeting were confirmed at the Maketu Community Board Meeting held on 21 September 2021.
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Member S Beech
CHAIRPERSON
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12 August 2021 |
8.3 Minutes of the Te Puke Community Board Meeting held on 29 July 2021
File Number: A4297793
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Te Puke Community Board Meeting held on 29 July 2021 be received.
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1. Minutes of the Te Puke Community Board Meeting held on 29 July 2021
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Te Puke Community Board Meeting Minutes |
29 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Te Puke Community Board Meeting No. TP21-4
HELD IN THE Te Puke Library and Service
Centre
ON Thursday, 29 July 2021 AT 7.00pm
1 Present
Member R Crawford (Chairperson), Member K Ellis, Member D Snell, Cr G Dally and Cr M Gray
2 In Attendance
K Perumal (Group Manager Finance and Technology Services), C McLean (Senior Transportation Engineer) and P Osborne (Senior Governance Advisor)
13 Members of the public, including Deputy Mayor John Scrimgeour, 1 member of the press and 1 student from Te Puke High School
3 Apologies
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Apology |
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Resolution TP21-4.1 Moved: Cr M Gray Seconded: Member D Snell That the apology for absence from Member Rolleston be accepted. Carried |
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
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.
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Public Forum Adjourn Meeting |
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Resolution TP21-4.2 Moved: Cr M Gray Seconded: Member K Ellis That the meeting adjourn for the purpose of holding a public forum. Carried |
Callum Nicholson – Paengaroa Resident
Mr Nicholson was in attendance to highlight the traffic and road issues on Wilson Road, that had been expressed by local residents.
Mr Nicholson thanked those involved in lowering the speed limit along Wilson Road, however noted that the new speed limit was not being followed by some road users. Local residents felt as though more visible signage, or enforcement, was required.
It was also noted that truck drivers were using Wilson Road as an alternative route, to avoid the weigh station. This was happening at all times of the night, which caused noise and vibration issues for surrounding residents.
Mr Nicholson noted that he believed there was a blind spot when approaching the Wilson Road/McKenzie Road intersection. There was a request for additional signage prior to the bridge, that would warn following traffic of the potential ‘hidden queue’. Mr Nicholson was of the belief that the condition of McKenzie Road also needed to be addressed.
Raewyn Butter spoke in support of these issues, requesting feedback on what options could be considered to address these issues moving forward.
Helen Perry – Security Issues on Stock Road
Ms Perry was in attendance to speak to the Board on behalf of the Te Puke Playcentre, regarding security issues that the centre was experiencing. Due to the frequency of these events, the Centre had installed their own cameras, as well as hired security, noting that funds were from their own ‘pocket’.
Richard Matthews and Donna Garrett from Te Puke Scouts, and Claire McCracken from the Toy Library spoke in support of this issue. As neighbouring buildings, they had also experienced theft and witnessed illegal behaviour.
The three organisations were seeking support and help from Council on this issue, as they were worried about the health and safety of their members and children.
There was clarification that the Playcentre and Toy Library were Council buildings on Council land, however Te Puke Scouts was a New Zealand Scout Building, on Council land.
Joanne Reha – The Daily Charitable Trust
Ms Reha was in attendance to advise the Board on an initiative that The Daily Trust was working on in collaboration with Envirohub. The concept is around connecting Tauranga based, Envirohub, with a local street in Te Puke (10 families). This was to help create a culture around utilising the surrounding environment by creating worm farms, composting etc.
Colleen Scott – Traffic Issues on No. 2 Road
Ms Scott raised her concerns on the speeding vehicles on No. 2 Road between Fairhaven School and Dudley Vercoe Drive. Ms Scott asked if anything could be done to help slow cars down in this area, also noting that she believed the condition of No. 2 Road could be improved.
Councillor Dally reminded and encouraged members of the public to apply for a Te Puke Community Board grant, where appropriate.
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Public Forum Meeting Reconvened |
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Resolution TP21-4.3 Moved: Member K Ellis Seconded: Member D Snell That the meeting reconvene in formal session at 7.28pm. Carried |
8 Minutes for Confirmation
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8.1 Minutes of the Te Puke Community Board Meeting held on 3 June 2021 |
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Resolution TP21-4.4 Moved: Member D Snell Seconded: Member K Ellis That the Minutes of the Te Puke Community Board Meeting held on 3 June 2021, as circulated with the agenda, be confirmed as a true and accurate record. Carried |
9 Reports
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9.1 Te Puke Community Board Chairpersons Report - July 2021 |
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The Board considered a report from the Chairperson, who gave a brief overview on each item. The Chairperson provided clarification, that the recommendation to re-approve the town flags was as a result of the invoice exceeding (by $25.00) the original approved amount.
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Resolution TP21-4.5 Moved: Member K Ellis Seconded: Cr G Dally 1. That the Chairperson’s report dated 29 July 2021, titled ‘Te Puke Community Board Chairpersons Report – July 2021’, be received. Carried |
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Resolution TP21-4.6 Moved: Cr M Gray Seconded: Member D Snell 2. That the Te Puke Community Board confirm the designs and approve the payment of $4,025.00 to OneSource for 50 street flags, from their Street Decoration Account. Carried |
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9.2 Te Puke Community Board Councillor's Report - July 2021 |
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The Board considered a report from Councillor Gray, who provided the Board with a brief overview on each item. Councillor Gray highlighted the hui that took place on Thursday 29 July at Tia Marae. This hui was for Te Ihu o te Waka (Te Arawa ki Tai iwi and hapū) to present their Kawenata to Council.
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Resolution TP21-4.7 Moved: Member K Ellis Seconded: Member D Snell That the Councillor’s report dated 29 July 2021, titled ‘Te Puke Community Board Councillor’s Report – July 2021’, be received. Carried |
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9.3 Expressions of Interest sought for a new lessee of the Old Girl Guides Hall on Te Puke Domain |
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The Board considered a report from the Reserves and Facilities Manager. The report was taken as read. Councillor Gray supported the Expression of Interest, however, due to the size of the old Girl Guides Hall, she questioned whether The Te Puke MenzShed had a contingency plan if they were to out grow this building. The Board felt comfortable that the information provided suggested this was not a shared concern.
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Resolution TP21-4.8 Moved: Member K Ellis Seconded: Member D Snell 1. That the Reserves and Facilities Manager’s report dated 15 July 2021, titled ‘Expressions of Interest sought for a new lessee of the old Girl Guides Hall on Te Puke 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 Te Puke Community Board recommends to Council that the Expression of Interest from The Te Puke MenzShed Trust for a new lessee of the old Girl Guides Hall on Te Puke Domain be accepted; And That the Te Puke Community Board recommends to Council to exercise the 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 The Te Puke MenzShed Trust the right to lease up to 5 years, with provision for further rights of renewal, the 154m² building situated on Part Section 50 SO 51580 to allow for the operation of a MenzShed. Carried |
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9.4 Infrastructure Services Report Te Puke Community Board July 2021 |
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The Board considered a report from the Deputy Chief Executive. The report was taken as read with further discussion on the below items. Bus Stop for Hopper Buses on Cameron Road The Board noted they were of the belief that bus stops were required outside Te Puke High School, Te Puke Primary School and Te Puke Intermediate. The Board requested an onsite meeting with the Senior Transportation Engineer to discuss further safety options outside the schools. Mosaic Artwork outside the Library and Memorial Hall Member Ellis noted that Creative Te Puke forum were open to the original options. The Board agreed to workshop all options before approving any funds, with a focus on the metal grate option. Padlocks on Rubbish Bins The Board noted that they would make a formal resolution to complete this project, once an estimated cost had been sought. Main Street Plant Removal The Board had a discussion about what options could be considered for the replacement of this area, including grass versus low maintenance plants. These options would be discussed further at an upcoming workshop with the Senior Transportation Engineer.
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Resolution TP21-4.9 Moved: Member K Ellis Seconded: Member R Crawford That the Deputy Chief Executive’s Report, dated 29 July 2021 and titled ‘Infrastructure Services Report Te Puke Community Board July 2021’, be received. Carried |
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9.5 Te Puke Community Board - Financial Report June 2021 |
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The Board considered a report from the Management Accountant. The report was taken as read with further discussion as below. The Group Manager Finance and Technology Services noted that the ‘Public Safety’ budget was well over budget. The Board was provided with some clarification around the new CCTV Policy, adopted through the Long Term Plan (LTP). The Board requested the below: - A breakdown of the costs that went into the ‘Public Safety’ budget line; - Clarification as to why the Committed Reserves Expenditure included projects that had already been completed; and - Clarification around the Jubilee Park Skate Park development philanthropic funding. The Board was encouraged to re-visit any unspent committed funds once a project was complete, in order to identify if the funds could be released back into the Reserve Account.
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Resolution TP21-4.10 Moved: Cr M Gray Seconded: Member D Snell That the Management Accountant’s report dated 29 July 2021 and titled ‘Te Puke Community Board – Financial Report June 2021’, be received. Carried |
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9.6 Council, Standing Committees and Community Board Meetings |
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Resolution TP21-4.11 Moved: Cr G Dally Seconded: Member R Crawford That the draft schedule of meetings for August, September and October 2021, be received. Carried |
The Meeting closed at 8.00pm.
The minutes of this meeting were confirmed at the Te Puke Community Board held on 23 September 2021.
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Member R Crawford
CHAIRPERSON
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12 August 2021 |
8.4 Minutes of the Ōmokoroa Community Board Meeting held on 3 August 2021
File Number: A4300605
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Jan Pedersen, Group Manager People And Customer Services
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That the Minutes of the Ōmokoroa Community Board Meeting held on 3 August 2021 be received.
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1. Minutes of the Ōmokoroa Community Board Meeting held on 3 August 2021
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Ōmokoroa Community Board Meeting Minutes |
3 August 2021 |

MINUTES OF Western Bay of Plenty District Council
Ōmokoroa Community Board Meeting
No. OM21-4
HELD IN THE Ōmokoroa Library &
Service Centre
ON Tuesday, 3 August 2021 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
J Holyoake (Chief Executive Officer), A Hall (Roading Engineer West), B Williams (Strategic Property Manager) and P Osborne (Senior Governance Advisor)
3 Members of the Public, including Councillor James Denyer
3 Apologies
Nil
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
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 Ōmokoroa Community Board. Attending members of the public were invited to take part in the public forum.
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Public Forum Adjourn Meeting |
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Resolution OM21-4.1 Moved: Member P Presland Seconded: Member D Sage That the meeting adjourn for the purpose of holding a public forum. Carried |
Chris Dever – Various Items
Mr Dever was in attendance to speak to the Board on the below items.
· The Board was advised that the new LED lighting was great. There was a question as to whether the new lighting met standards, due to the directional focus creating darker streets. It was suggested that more street lights could be installed to address this issue.
· Mr Dever believed that Council could be more open to supporting growth in Ōmokoroa, through identifying needs in the community. Mr Dever noted that, when members of the community asked for help on projects that Council would not normally fund, Council should consider ways to support these projects.
Councillor Denyer, who was in attendance, noted that a similar comment was raised at the Maketu Community Board meeting, in regards to the LED lighting being more focused, and therefore creating darker streets.
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Public Forum Meeting Reconvened |
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Resolution OM21-4.2 Moved: Cr M Grainger Seconded: Cr D Thwaites That the meeting reconvene in formal session at 7.10pm. Carried |
8 Minutes for Confirmation
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8.1 Minutes of the Ōmokoroa Community Board Meeting held on 8 June 2021 |
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Resolution OM21-4.3 Moved: Cr M Grainger Seconded: Member P Presland That the Minutes of the Ōmokoroa Community Board Meeting held on 8 June 2021, as circulated with the agenda, be confirmed as a true and accurate record. Carried |
9 Reports
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9.1 Ōmokoroa Community Board Chairpersons Report - August 2021 |
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The Board considered a report from the Chairperson. The report was taken as read, and Member Presland commended the Chairperson on a comprehensive report.
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Resolution OM21-4.4 Moved: Member T Sage Seconded: Member D Sage That the Chairperson’s report dated 3 August 2021, titled ‘Ōmokoroa Community Board Chairpersons Report – August 2021’, be received. Carried |
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9.2 Ōmokoroa Community Board Councillor's Report - August 2021 |
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The Board considered a report from Councillor Thwaites, who provided the Board with a brief overview on each item.
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Resolution OM21-4.5 Moved: Cr D Thwaites Seconded: Member T Sage That the Councillor’s report dated 3 August 2021, titled ‘Ōmokoroa Community Board Councillor’s Report – August 2021’, be received. Carried |
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9.3 Reappointment of the Ōmokoroa Community Board representation on Community Groups |
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The Board considered a report from the Senior Governance Advisor. The report was taken as read.
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Resolution OM21-4.6 Moved: Member D Sage Seconded: Cr D Thwaites 1. That the Senior Governance Advisor’s report dated 3 August 2021, titled ‘Reappointment of the Ōmokoroa Community Board Representation on Community Groups’, be received. 2. That the report relates to an issue that is considered to be of low significance in terms of the Council’s Significance and Engagement Policy. 3. That the Ōmokoroa Community Board members be reappointed to outside bodies as follows: Ōmokoroa Community Policing Group – Member John Evans Ōmokoroa Public Arts Group – Member Teresa Sage Carried |
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9.4 Update Ōmokoroa Community Board Public Seating Project |
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The Board considered a report from the Customer Service and Governance Manager. The report was taken as read. Councillor Grainger asked the Board whether they had an appetite to contribute funds towards more seating around Ōmokoroa, as feedback from the community suggested that others would be willing to donate funds. The Board supported this project, however requested for this to be discussed at a workshop in order to understand all aspects of the project, including whether or not the location of the seats meant that this project could be funded from the Roading Account.
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Resolution OM21-4.7 Moved: Member D Sage Seconded: Member J Evans 1. That the Customer Service and Governance Manager’s report dated 3 August 2021, titled ‘Update Ōmokoroa Community Board Public Seating Project’, 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 |
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9.5 Infrastructure Services Report Ōmokoroa Community Board August 2021 |
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The Board considered a report from the Deputy Chief Executive. The report was taken as read.
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Resolution OM21-4.8 Moved: Member D Sage Seconded: Member P Presland That the Deputy Chief Executive’s report dated 3 August 2021, titled ‘Infrastructure Services Report Ōmokoroa Community Board August 2021’, be received. Carried |
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9.6 Financial Report Ōmokoroa - June 2021 |
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The Board considered a report from the Management Accountant. The report was taken as read.
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Resolution OM21-4.9 Moved: Member J Evans Seconded: Member D Sage That the Management Accountant’s report dated 3 August 2021, titled ‘Financial Report Ōmokoroa – June 2021’, be received. Carried |
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9.7 Council, Standing Committees and Community Board Meetings |
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The Chairperson advised the Board that the next Ōmokoroa Community Board workshop would be held Friday 10 September at 6.00pm, in the board room at the Ōmokoroa Library and Service Centre.
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Resolution OM21-4.10 Moved: Member P Presland Seconded: Cr D Thwaites That the draft schedule of meetings for August, September and October 2021, be received. Carried |
The Meeting closed at 7.24pm.
The minutes of this meeting were confirmed at the Ōmokoroa Community Board held on 28 September 2021.
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Member T Sage
CHAIRPERSON
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12 August 2021 |
9 Council and Committee Minutes for Confirmation
9.1 Minutes of the Katikati - Waihī Beach Ward Forum Meeting held on 22 June 2021
File Number: A4290151
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Katikati - Waihī Beach Ward Forum Meeting held on 22 June 2021 be confirmed as a true and correct record and the recommendations therein be adopted.
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1. Minutes of the Katikati - Waihī Beach Ward Forum Meeting held on 22 June 2021
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Katikati - Waihi Beach Ward Forum Meeting Minutes |
22 June 2021 |

MINUTES OF Western Bay of Plenty District Council
Katikati - Waihi Beach Ward Forum
Meeting No. KWB21-2
HELD AT THE Waihī Beach Community
Centre, 106 Beach Road, Waihī Beach
ON Tuesday, 22 June 2021 AT 7.00pm
1 Present
Cr J Denyer, Cr A Henry, and Cr A Sole
2 In Attendance
M Taris (Chief Executive Officer), J Osborne (Governance Support Administrator), and C Irvin (Senior Governance Advisor)
3 Apologies
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Apology |
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Resolution KWB21-2.1 Moved: Cr J Denyer Seconded: Cr A Sole That the apology for absence from Mayor Webber 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 Minutes for Receipt
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9.1 Minutes of the Katikati - Waihi Beach Ward Forum Meeting held on 2 March 2021 |
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Resolution KWB21-2.2 Moved: Cr A Henry Seconded: Cr A Sole That the Minutes of the Katikati - Waihi Beach Ward Forum Meeting held on 2 March 2021 be received. Carried |
10 Reports
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10.1 Katikati - Waihi Beach Ward Forum Minute Action Sheet |
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The Committee considered a report dated 22 June 2021 from the Governance Support Administrator. The report was taken as read.
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Resolution KWB21-2.3 Moved: Cr A Sole Seconded: Cr A Henry 1. That the Governance Support Administrator’s report dated 22 June 2021, titled ‘Katikati - Waihi Beach Ward Forum Minute Action Sheet’, be received. Carried |
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Suspension of Standing Orders |
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Resolution KWB21-2.4 Moved: Cr J Denyer Seconded: Cr A Henry A motion was moved that Council suspend standing orders. Carried |
11 Workshop
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11.1 Workshop Items |
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An update was provided by the Chief Executive Officer (CEO) on the proposed plans for Central/Local Government Three Waters Reform Programme, and what it could mean for the District. Key points: · The Reform was being conducted by Central Governments Department of Internal Affairs (DIA), and was being led by Hon Nanaia Mahuta (Minister for Local Government and Foreign Affairs). · Three Waters referred to drinking water, wastewater, and stormwater. · In conjunction with the Three Waters Reform, multiple other reforms were happening at the same time, such as changes to the Resource Management Act (RMA), as well as a Freshwater Reform. · The CEO was a representative on the Local Government Steering Committee for the Three Waters Reform. · Local Government’s involvement was to assist Central Government with the implementation of the +Three Waters Reform. It was noted that a third of the Western Bay of Plenty District Council’s (WBOPDC) assets were Three Waters assets. · If the Reform was to go ahead, the Government was on a short time frame, and at this time, the new service delivery date was expected to be 1 July 2024. · The DIA had gathered information from local government bodies under a Request for Information (RFI), which Western Bay of Plenty District Council (WBOPDC) had provided. Local bodies were then required to supply further information after receiving a further request from the DIA. This information included asset worth, rates, assets owned and where they were, reticulated and wastewater systems, and was used to analyse the current state of these local bodies. · The CEO advised that this did not relate to private water supplies, but rather Council’s reticulated supplies, wastewater systems, and some aspects of storm water infrastructure. · The information gathered by Central Government had been peer-reviewed by four reputable external organisations. · Central Government was looking at a case for change based on public health and safety, the ability for councils to fund those assets going forward, improved asset quality to meet drinking water standards, and current consent conditions. It was noted that environmental impact was also a factor of the Reform, as well as economic development for the future. Inequalities across New Zealand would also be addressed. · The next stage of work for the Government was to review the information, working alongside experts and the Steering Committee, and receive feedback on how Central Government was going to proceed. · Following the initial proposal, Local Government had the choice to ‘opt-in’ or ‘opt-out’ of the Reform, as it was voluntary. · Communication and engagement across the country was being run by Central Government. They were currently undertaking discussions with Tangata Whenua. · If the Council opted in to the Reform, public consultation would be taken out to the community later in 2021, and would then make a final decision whether to take part in the Reform, or not. · The Government had informed local bodies that the assets would stay in public ownership, and that there was no facility for the assets to be sold. · The concept of the Reform was that it would be on a user-pays basis. This meant that if a household was already connected to Council’s Three Waters service, then that household would be part of the scheme. Included in this would be septic tank users who could change over to a reticulated wastewater system; if eligible. · Council was hoping to be able to inform the public of their plans by the end of 2021.
In response to questions, the following matters were noted:
· The delivery of Three Waters would be run in much the same way as it was now, but would be operated and managed by newly formed entities. · Council could be in a better debt to revenue ratio, as a substantial amount of the debt would be allocated to the new entity as part of the Reform. The Government was reviewing overheads as a part of the Reform. · Fluoridation and chlorination would be handled by Taumata Arowai – the water services regulator for New Zealand. · Organisations who held private Council partnerships (e.g. for the management of the land around a treatment plant), could potentially transfer this partnership over to the new entity. · It was yet to be decided what approach would be taken on how solid waste and wastewater would be managed, and the disposal of treated wastewater. · The RFI that went to Local Government bodies was to gather information around the current financial status of the Three Waters service delivery. This information was critiqued by Scottish Water (a Scottish statutory corporation that provided water and sewerage services across Scotland). A secondary round of the RFI went out for information, and preliminary results came out earlier in 2021. This was reviewed by three consultancy companies - Farrier Swier Consulting, Deloitte, and Beca - who were tasked with an independent review of all the information gathered. They were asked to consider the unique New Zealand environment. All three companies returned similar findings. · It had not yet been decided who would be responsible for the maintenance of the water consents, but it was thought that this would stay with Bay of Plenty Regional Council. · The cost estimate of $120-180billion would be over 30 years, and these costs could be spread over all of New Zealand. The allocation of costs has yet to be addressed.. · Three Waters technical expertise was not the same level for all local bodies. The Government was looking at different reform models to address this. · The Government would need to review the Reform if the majority of councils were to ‘opt-out’. · All relative information regarding costs would be supplied to ratepayers through summarised information releases from the Government, as part of the consultation later in 2021. · The CEO emphasised that this was an information update, some of which was still to be confirmed, and was subject to change. |
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Resumption of Standing Orders |
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Resolution KWB21-2.5 Moved: Cr J Denyer Seconded: Cr A Sole A motion was moved that Council resume standing orders. Carried |
12 Recommendations to Council/Committee
Nil
The Meeting closed at 8.05pm.
The minutes of this meeting were confirmed at the Katikati - Waihī Beach Ward Forum held on 31 August 2021.
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Cr J Denyer
CHAIRPERSON / MAYOR
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12 August 2021 |
9.2 Minutes of the Council Meeting held on 29 June 2021
File Number: A4286228
Author: Carolyn Irvin, Senior Governance Advisor
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Council Meeting held on 29 June 2021 be confirmed as a true and correct record and the recommendations therein be adopted. |
1. Minutes of the Council Meeting held on 29 June 2021
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Council Meeting Minutes |
29 June 2021 |

MINUTES OF Western Bay of Plenty District Council
Council Meeting No. C21-9
HELD IN THE Council Chambers, Barkes
Corner, Tauranga
ON Tuesday, 29 June 2021 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 M Gray, Cr A Henry, Cr K Marsh, Cr M Murray-Benge, Cr A Sole and Cr D Thwaites.
2 In Attendance
M Taris (Chief Executive Officer), 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), E Watton (Policy and Planning Manager), D Jensen (Finance Manager), G Payne (Strategic Advisor), M Rencher (Document Specialist) L Balvert (Communications Manager), C Nepia (Maori Relationships and Engagement Advisor), P Martelli (Resource Management Manager), L Mills (Senior Communications Specialist), J Rickard (Senior Policy Analyst) and C Irvin (Senior Governance Advisor).
OTHER ATTENDEES
Audit New Zealand
C Susan (Appointed Auditor)
3 Apologies
Nil
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
6 Public Excluded Items
Nil
7 Public Forum
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Public Forum Adjourn Meeting |
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Resolution C21-9.1 Moved: Cr D Thwaites Seconded: Cr M Murray-Benge That the meeting adjourn for the purpose of holding a public forum. Carried |
A. Mr Ricki Nelson – Tauranga Moana Western Bay – Tangata Whenua Forum
· The Tauranga Moana Partnership Forum met formally last week and was notified by Western Bay of Plenty District Council (WBOPDC) that the process to propose a Māori Ward in the Western Bay of Plenty needed to be made by 21 May 2021.
· It was felt that WBOPDC had neglected its responsibilities by not informing Mana Whenua of the process to establish a Māori Ward or the deadline for doing so.
· Tauranga Moana Mana Whenua representatives would like answers and/or clarification as to why WBOPDC did not consult, engage or notify Mana Whenua in the District that there was a deadline to progress the establishment of a Māori ward.
The Chairperson thank Mr Nelson for his contribution to Public Forum.
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Public Forum Meeting Reconvened |
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Resolution C21-9.2 Moved: Cr K Marsh Seconded: Cr M Grainger That the meeting reconvene in formal session. Carried |
8 Community Board Minutes for Receipt
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8.1 Minutes of the Katikati Community Board Meeting held on 26 May 2021 |
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Resolution C21-9.3 Moved: Cr J Denyer Seconded: Cr A Sole That the Minutes of the Katikati Community Board Meeting held on 26 May 2021 be received. Carried |
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8.2 Minutes of the Maketu Community Board Meeting held on 1 June 2021 |
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Resolution C21-9.4 Moved: Cr J Denyer Seconded: Cr A Sole That the Minutes of the Maketu Community Board Meeting held on 1 June 2021 be received. Carried |
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8.3 Minutes of the Te Puke Community Board Meeting held on 3 June 2021 |
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Resolution C21-9.5 Moved: Cr J Denyer Seconded: Cr A Sole That the Minutes of the Te Puke Community Board Meeting held on 3 June 2021 be received. Carried |
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8.4 Minutes of the Ōmokoroa Community Board Meeting held on 8 June 2021 |
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Resolution C21-9.6 Moved: Cr J Denyer Seconded: Cr A Sole That the Minutes of the Ōmokoroa Community Board Meeting held on 8 June 2021 be received. Carried |
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8.5 Minutes of the Waihī Beach Community Board Meeting held on 14 June 2021 |
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Resolution C21-9.7 Moved: Cr J Denyer Seconded: Cr A Sole That the Minutes of the Waihī Beach Community Board Meeting held on 14 June 2021 be received. Carried |
9 Council and Committee Minutes for Confirmation
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9.1 Minutes of the Council Meeting held on 20 May 2021 |
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Resolution C21-9.8 Moved: Cr A Henry Seconded: Deputy Mayor J Scrimgeour That the Minutes of the Council Meeting held on 20 May 2021 be confirmed as a true and correct record and the recommendations therein be adopted. Carried |
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9.2 Minutes of the Audit and Risk Committee Meeting held on 20 May 2021 |
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Resolution C21-9.9 Moved: Cr J Denyer Seconded: Cr M Grainger That the Minutes of the Audit and Risk Committee Meeting held on 20 May 2021 be confirmed as a true and correct record and the recommendations therein be adopted. Carried |
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9.3 Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 31 May 2021 |
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Resolution C21-9.10 Moved: Cr J Denyer Seconded: Cr M Grainger That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 31 May 2021 be confirmed as a true and correct record and the recommendations therein be adopted, noting that Resolution APLTP21-3.7 titled ‘Key Proposal – Internal Submission – Community Building: CCTV – Provision of Operational Funding’ No.2 be amended to read ‘between 2022 and 2028’. Carried |
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9.4 Minutes of the Performance and Monitoring Meeting held on 8 June 2021 |
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Resolution C21-9.11 Moved: Cr D Thwaites Seconded: Cr M Grainger That the Minutes of the Performance and Monitoring Meeting held on 8 June 2021 be confirmed as a true and correct record and the recommendations therein be adopted. Carried |
10 Reports
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10.1 Recommendation to adopt the Long Term Plan 2021-2031, Schedule of Fees and Charges 2021-2022 and Related Matters |
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The Committee considered a report dated 29 June 2021 from the Chief Executive Officer. Clarence Susan of Audit New Zealand spoke to the Audit Opinion noting the following key points: · The audit opinion was an ‘unqualified’ one and had one emphasis of matter which was around the uncertainty of the Three Waters Reform. This was because guidance from the finance sector was to include the Three Waters Reform throughtout the LTP as details of the reform were not yet known. Clarence Susan responded to a question as follows: · There had been some very interesting audit opinions around the country, with ‘Emphasis of Matter’ being used quite significantly.
Comments:
· The Chairperson thanked staff for their hard work during the lengthy LTP process, which had culminated in a great result for Council. He also thanked Clarence Susan and his team and acknowledged the good relationship between Council and Audit New Zealand. · Deputy Mayor Scrimgeour commented that, given the huge changes in the world since work on the LTP began, staff had worked very hard to bring Council to a responsible position, given issues, such as Covid-19, that had arisen. There had been huge escalations in insurance and road maintenance costs, as well as implementing the new Kerbside Collection. He felt that they had achieved a very appropriate plan. · Cr Murray-Benge said she felt Council had been very well lead by Miriam Taris and that the quality of work produced should not be underestimated. · The Chief Executive Officer thanked Clarence Susan and Audit New Zealand for their work during the LTP process. She felt that, between Council and Audit New Zeland, there was a great working relationship and a clear understanding of each others roles. She thanked both Councillors and staff for their work over the last 18 months, recognising the challenges during difficult and changing times. |
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Resolution C21-9.12 PART 1 Moved: Deputy Mayor J Scrimgeour Seconded: Cr A Sole 1. That the Chief Executive Officer’s report dated 29 June 2021 titled ‘Recommendation to Adopt the Long Term Plan 2021-2031, Schedule of Fees and Charges 2021-2022 and Related Matters’ be received. 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. 3. That Council approve the draft Long Term Plan 2021-2031 as set out in Attachment 1 and as amended in accordance with the Long Term Plan and Annual Plan Committee resolutions contained in the minutes of APLTP21-3 dated 31 May 2021 and 3 June 2021. 4. That Council resolves that the budget for the 2030/31 financial year is not a balanced budget due to unfunded elements of transportation depreciation. 5. That Council resolves that setting an unbalanced budget for 2030/31 is financially prudent having regard to the matters in section 100(2) of the Local Government Act 2002. Carried |
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Resolution C21-9.13 PART 2 Moved: Deputy Mayor J Scrimgeour Seconded: Cr M Grainger 6. That the Audit Report from Audit New Zealand regarding the Long Term Plan 2021-2031 be received. Carried |
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Resolution C21-9.14 PART 3 Moved: Cr J Denyer Seconded: Deputy Mayor J Scrimgeour 7. That in accordance with Sections 102 and 103 of the Local Government Act 2002, the final Revenue and Financing Policy (as set out in pages 391-426 of Attachment 1) be adopted for inclusion in the final Long Term Plan 2021-2031. 8. That in accordance with Section 93 of the Local Government Act 2002, the audited Long Term Plan 2021-2031 set out in Attachment 1 be adopted. 9. That in accordance with section 150 of the Local Government Act 2002, the Schedule of Fees and Charges 2021-2022 (excluding Dog Control) be adopted as set out in Attachment 2 and as amended in accordance with the Long Term and Annual Plan Committee resolutions contained in the minutes of APLTP21-3 dated 31 May 2021 and 3 June 2021. 10. That in accordance with Sections 102(3) and 109 of the Local Government Act, Council adopts the final Multiple Pan Wastewater Remission Policy and the final Water Rates Remission Policy set out in Attachment 3, and as amended in accordance with the Long Term Plan and Annual Plan Committee resolutions contained in the minutes of APLTP21-3 dated 31 May 2021 and 3 June 2021. 11. That as the formal response to submitters, Council approves the decision document set out in Attachment 4 for all submitters, and the individual comment responses set out in Attachment 5 for the respective individual submitters, for dissemination as soon as practicable, following the adoption of the Long Term Plan 2021-2031. 12. That the Chief Executive Officer be delegated authority to make such minor editorial changes to the Long Term Plan 2021-2031, Schedule of Fees and Charges 2021/2022, decision document and comment responses as may be required prior to printing. Carried |
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10.2 Setting of Rates for 2021-2022 Financial Year |
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The Committee considered a report dated 29 June 2021 from the Finance Manager. The report was taken as read. |
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Resolution C21-9.15 Moved: Cr K Marsh Seconded: Cr M Dean That: 1. The Finance Manager’s report dated 29 June 2021 titled ‘Setting of Rates for 2021-2022 Financial Year’ be received. 2. The report relates to an issue that is considered to be of high significance in terms of Council’s Significance and Engagement Policy. 3. Western Bay of Plenty District Council notes that the rates to be set are expressed exclusive of the Council’s GST obligations but that the amount of the rate assessed and invoiced will include GST at the prevailing rate at the time of supply. 4. The Western Bay of Plenty District Council sets the rates as attached (Attachment 1) under section 23 of the Local Government (Rating) Act 2002, on rating units in the District for the financial year commencing on 1 July 2021 and ending on 30 June 2022. 5. In accordance with its Rates Postponement for Homeowners Aged Over 65 years Policy, the Western Bay of Plenty District Council sets the following fees under section 88 of the Local Government (Rating) Act 2002 for the financial year commencing on 1 July 2021 and ending on 30 June 2022: (i) Application Fee - $50 A fee of $50 will be added to the rates when Council offers postponement. This fee is non-refundable and covers the administration costs associated with processing the application. (ii) Counselling Fee - $300 A fee of up to $300 may be charged once professional counselling has commenced. This fee is to fund the cost of professional counselling so that an informed decision can be made by an applicant on whether or not to proceed with their application to join the scheme. (iii) Other Fees Such other incidental fees as may be necessary to process the application. Any fees charged under this heading will be third party fees and would change from time to time. Any fees charged under this heading will be discussed with any prospective applicant at the time of making their application. Interest is at wholesale bank rate plus bank margin negotiated, plus applicable bank administration costs (bank rate and margin are exempt from GST). This interest is the interest charged by the bank from time to time and is made up of the bank wholesale rate at the time of each penalty date, plus an additional 25 basis points, and represents the interest rate payable by the applicant, on rates postponed. In addition, Council will charge 1.25% excluding GST for on-going administration and reserve fund fees. 6. The Western Bay of Plenty District Council sets the due dates for payment of rates, except water consumption rates set under section 19 of the Local Government (Rating) Act, for the financial year commencing 1 July 2021 and ending on 30 June 2022 as follows: (i) All rates will be payable in two equal instalments: · The due date for instalment 1 will be 24 September 2021; and · The due date for instalment 2 will be 25 February 2022. 7. The Western Bay of Plenty District Council sets that the water consumption rates (set under section 19 of the Local Government (Rating) Act) for the financial year, commencing 1 July 2021 and ending on 30 June 2022, will be invoiced twice during the year and the due dates for payment will be 30 days from the date of each invoice being issued. 8. Under sections 57 and 58 of the Local Government (Rating) Act 2002, the following penalties be applied to unpaid rates, except water consumption rates (set under section 19 of the Local Government (Rating) Act): (i) A charge of 10 percent on so much of any instalment that has been assessed after 1 July 2021 and which remains unpaid after the relevant due date stated above, to be added on 23 October 2021 for instalment one and 26 March 2022 for instalment two. (ii) A charge of 10 percent on so much of any rates assessed before 1 July 2021, which remains unpaid on 6 July 2021, will be added on that date. (iii) A further charge of 10 per cent on any rates to which a penalty has been added under (ii) above, that remain unpaid, to be added on 6 January 2022. 9. Where all outstanding rates and the rates for the 2021-2022 year are paid by close of business 24 September 2021, under section 55 of the Local Government (Rating) Act 2002, a discount of 3% on current rates be allowed, with the exception of metered water consumption charges which do not qualify for discount. 10. Rates shall be payable by any of the following methods: (i) Online; (ii) Direct Debit (annually, invoice due date or monthly payments); (iii) Automatic payment; (iv) Internet/telephone banking; and (v) EFTPOS or cash at Council’s office, libraries and service centres – between the hours of 8.00 am and 5.00 pm, Monday to Friday. 11 Council will continue to collect rates on behalf of the Bay of Plenty Regional Council. The rates collected will be as specified in the rates resolution of the Bay of Plenty Regional Council. Carried |
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10.3 Making Plan Change 81 (Ōmokoroa Industrial Zone Review) Operative |
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The Committee considered a report dated 29 June 2021 from the Resource Management Manager. The report was taken as read.
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Resolution C21-9.16 Moved: Cr M Grainger Seconded: Cr M Murray-Benge 1. That the Resource Management Manager’s report dated 29 June 2021 titled ‘Making Plan Change 81 (Ōmokoroa Industrial Zone Review) Operative’ 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 the relevant provisions of the Resource Management Act 1991: - Plan Change 81 be approved. - Plan Change 81 be made operative on 10 July 2021. - The public be notified of the operative date on 3 July 2021 (at least five working days before the date on which the Plan Change will become operative). Carried |
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10.4 Recommendatory Report from Ōmokoroa Community Board - Expression of Interest for the Old Pavilion - Ōmokoroa MenzShed |
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The Committee considered a report dated 29 June 2021 from the Senior Governance Advisor – Community Boards. The report was taken as read. Staff responded to a question as follows: · There was still space for the tennis court extension and for car parking on the reserve. The pavilion would be relocated to the corner by the road, and there would still be car parking available along the road side. |
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Resolution C21-9.17 Moved: Cr M Grainger Seconded: Cr D Thwaites 1. That the Expression of Interest from the Ōmokoroa MenzShed for use of the Old Sports Pavilion be declined. 2. That Council request staff work with MenzShed to attempt to facilitate alternative accommodation for a MenzShed on the Ōmokoroa Peninsula. 3. That the Old Sports Pavilion be relocated to the Western Avenue location initially proposed by Council, generally as shown on Plan A (Attachment 1). 4. 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 |
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10.5 Chief Executive Officer Delegations and Appointments |
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The Committee considered a report dated 29 June 2021 from the Customer Services and Governance Manager. The report was taken as read.
Staff responded to questions as follows: · The Chairperson confirmed that the delegations being transferred were the same delegations that the current Chief Executive Officer had now, and were part of Council policy.
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Resolution C21-9.18 Moved: Mayor G Webber Seconded: Cr A Henry 1. That the Customer Services and Governance Manager’s report dated 29 June 2021 titled ‘Chief Executive Officer Delegations and Appointments’ 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 delegates to the Chief Executive Officer all of its responsibilities, duties and powers which are legally capable of being delegated, to act on any matter, including but not limited to those specific powers expressly referred to in the Acts, Regulations and Bylaws listed in the Delegations Manual as may be amended from time to time, but subject to the Exclusions and Conditions set out in the attachment A ‘Chief Executive Officer Delegations 2021.’ 4. That Council approve the appointment of the incoming Chief Executive Officer, John Holyoake, as Council’s representative to Bay of Plenty Local Authority Shared Services Limited. 5. That Council approve the appointment of the incoming Chief Executive Officer, John Holyoake, as an Executive Board Member of Priority One. 6. That Council resolve that Miriam Taris cease being Council’s representative of Bay of Plenty Local Authority Shared Services Limited and Executive Board Member of Priority One, effective 19 July 2021. Carried |
11 Information for Receipt
Nil
12 Resolution to Exclude the Public
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Resolution C21-9.19 Moved: Cr G Dally Seconded: Cr K Marsh 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:
Carried |
The Meeting closed at 10am.
The minutes of this meeting were confirmed at the Council Meeting held on 12 August 2021.
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Mayor G Webber
CHAIRPERSON / MAYOR
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12 August 2021 |
9.3 Minutes of the Kaimai Ward Forum Meeting held on 1 July 2021
File Number: A4287351
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Kaimai Ward Forum Meeting held on 1 July 2021 be confirmed as a true and correct record and the recommendations therein be adopted.
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1. Minutes of the Kaimai Ward Forum Meeting held on 1 July 2021
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Kaimai Ward Forum Meeting Minutes |
1 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Kaimai Ward Forum Meeting No. KWF21-2
HELD AT THE Lower Kaimai Hall, State
Highway 29, Lower Kaimai
ON Thursday, 1 July 2021 AT 7.00pm
1 Present
Cr M Dean (Chairperson), Cr M Murray-Benge, Cr M Grainger, Cr D Thwaites and Mayor G Webber
2 In Attendance
M Taris (Chief Executive Officer), C Irvin (Senior Governance Advisor) and P Osborne (Senior Governance Advisor)
11 Members of the public, including Councillor James Denyer.
3 Apologies
Nil
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
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 Kaimai Ward Forum. Attending members of the public were invited to take part in the public forum.
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Public Forum Adjourn Meeting |
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Resolution KWF21-2.1 Moved: Cr D Thwaites Seconded: Cr M Grainger That the meeting adjourn for the purpose of holding a public forum. Carried |
David Riley – Whakamarama Community Inc (WCI)
Mr Riley sought clarification on the “what now” following the latest announcement from Waka Kotahi regarding Stage Two of Takitimu Northern Link. Mr Riley thanked both His Worship the Mayor and Councillor Don Thwaites for advocating for the Ōmokoroa Interchange at the BOP Regional Transport Committee meeting. Mr Riley also noted that it was great to have Councillor Thwaites advocate for the Whakamarama Intersection, as residents would like to see this intersection treated similarly to Ōmokoroa.
WCI would like to have a conversation with Council and the BOP Regional Land Transport Committee, about the future improvements to the Whakamarama Intersection.
His Worship the Mayor advised Mr Riley that there was no funding for Stage Two at this time, however the letter to the Minister of Transport, Michael Wood, in regards to the Ōmokoroa Interchange, had been written. His Worship the Mayor also noted that, as of 1 July 2021, expressions of interest for the Infrastructure Accessibility Fund (IAF) were open, which Waka Kotahi had encouraged Council to apply for, in relation to the Ōmokoroa Interchange. Responses from both the letter and the application would not be received until late August 2021.
Bruce McCabe – Ōmokoroa Residents and Ratepayers Association
Mr McCabe was in attendance to speak to the Committee on two matters, noting the below points:
· He sought clarification on what investigations were taken into consideration regarding the safety aspects of the current Ōmokoroa Intersection, including what the requirements were for Waka Kotahi (NZTA).
· He questioned whether there had been any consideration for interim safety measures that could have been undertaken to help manage the current issues, providing the below examples;
- A ‘pull out bay’ for those turning North out of Ōmokoroa; and
- Slip lanes for traffic heading towards Tauranga, to help with visibility issues for those who are unable to see past vehicles turning north.
· The Bike Rack outside the ‘Alma Eatery’ was not being used, as some potential users believed that the angles were wrong, and therefore did not hold the bikes correctly. Mr McCabe was informed that Council adhere to the best practice guidelines; however, the Committee will ask Council staff to follow this up.
His Worship the Mayor noted that he was of the opinion the Ōmokoroa Intersection upgrade would take place in the next 5-10 years, as they were approaching this from a safety perspective, to increase the prioritisation of this project for Waka Kotahi.
Don Thwaites reiterated the time aspect of a project like this, due to the fact that multiple parcels of land still need to be purchased.
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Public Forum Meeting Reconvened |
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Resolution KWF21-2.2 Moved: Cr M Grainger Seconded: Cr M Murray-Benge That the meeting reconvene in formal session at 7.20pm. Carried |
8 Presentations
Nil
9 Minutes for Receipt
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9.1 Minutes of the Kaimai Ward Forum Meeting held on 10 March 2021 |
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The Committee considered the minutes of the Kaimai Ward Forum meeting held on 10 March 2021. The minutes were taken as read.
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Resolution KWF21-2.3 Moved: Cr D Thwaites Seconded: Cr M Murray-Benge That the Minutes of the Kaimai Ward Forum Meeting held on 10 March 2021, be received. Carried |
10 Reports
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10.1 Kaimai Ward Forum Minute Action Sheet |
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The Committee considered a report from the Senior Governance Advisor. The report was taken as read, noting that the Speed Limit Review will remain with the Territorial Authorities.
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Resolution KWF21-2.4 Moved: Cr M Grainger Seconded: Cr M Murray-Benge That the Governance Support Administrator’s report dated 1 July 2021, titled ‘Kaimai Ward Forum Minute Action Sheet’, be received. Carried |
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10.2 Discussion topics from the Kaimai Councillors Clinic |
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The Committee considered a report from Councillor Dean, who provided the Board with a brief overview of each item that was raised during the Councillors Clinic held 16 June 2021. There was a particular emphasis on the communication regarding Ward Forums. The Chairperson asked members of the public to ensure they registered at the beginning of the meetings, and provide Council with the correct information regarding Community Group Chairs and contact information. This would allow the invitations for both the Councillors Clinic and Ward Forums to go to the correct contacts. Councillor Murray-Benge also noted that advertisements in the school newsletters would be a good way of spreading the word regarding upcoming Ward Forum meetings in the area. A member of the public noted that it would be useful to see the list of attendees for the Councillors Clinic. The Chairperson noted that minutes were not taken, because it was an informal meeting, however future notes taken could include those in attendance.
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Suspension of Standing Orders |
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Resolution KWF21-2.5 Moved: Cr M Murray-Benge Seconded: Cr D Thwaites A motion was moved that the Kaimai Ward Forum suspend standing orders. Carried |
11 Workshop
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11.1 Workshop Items |
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An update was provided by the Chief Executive Officer (CEO) on the proposed plans for the Three Waters Reform, noting the points listed below: · The Reform was being conducted by Central Governments Department of Internal Affairs (DIA), and was being led by Honourable Nanaia Mahuta (Minister for Local Government and Foreign Affairs). · Three Waters referred to drinking water, wastewater, and stormwater. · In conjunction with the Three Waters Reform, multiple other reforms were happening at the same time, such as changes to the Resource Management Act (RMA), as well as a Freshwater Reform. · The CEO was a representative on the Local Government Steering Committee for the Three Waters Reform. This was to provide the DIA with an understanding of how Local Government, and the sector as a whole, functioned. · At this stage the Three Waters Reform was proposed to remain voluntary. · Currently there were 67 Territorial Authorities, however the proposal was to reduce this down to four entities, which would be an amalgamation of Councils within the area specifically for this purpose. It was noted that the proposal identified the Bay of Plenty, Waikato, Coromandel and Taranaki Regions as ‘Zone 2’. · Council would be rolling out both the communication and engagement strategy later in 2021, which would include outcomes for Councils who ‘opted-in’ to the reform. · The Government was looking at transferring assets to the new public entity. The government structure had not been confirmed, however it was likely to be a mixture of the existing Territorial Authorities and Tangata Whenua. It was made clear that the ownership of the assets would remain with the original Councils. · Western Bay of Plenty District Council (WBOPDC) was in a reasonably good position due to the fact that the majority of its debt was within the Three-Waters space. The Government was proposing that the debt associated with the assets would also be transferred over to the new public entity. · The DIA released further detail on Wednesday 30 June 2021 following information provided by the Territorial Authorities. This included a 30-year picture for Councils who chose to ‘opt-in’ as opposed to those who continued to operate as they were. · The information gathered by the DIA was done under a detailed Request for Information (RFI), where Councils supplied information to ‘Scottish Water’ (a Scottish Statutory corporation that provided water and sewerage services across Scotland) who were engaged as consultants. This RFI formed the detailed information for the assessment undertaken and released by the Government, and peer reviewed by the consultancy companies; Scottish Water, Beca, Farrierswier and Deloitte. Feedback from the review supported the direction of the proposal from the DIA. · The expected transition was to be over three years, with the goal of ensuring that changes are seamless for the public.
The Chief Executive Officer responded to questions as follows: · The transfer of the Three Water assets would take approximately one third of WBOPDC assets, and close to 70-75% of WBOPDC debt. · The revenue will be collected by the new entities, not Council. · The majority of the Western World had moved to this proposed model. · Part of the rationale behind the proposed ‘co-governance’ of the new entity was to address equity and access issues to the Three-Waters for Tangata Whenua. · Residents who were currently using private providers (due to their rural location) were not part of the initial tranche. · The fluoridation issue would be addressed by the new entities, noting that the standard would be set by Taumata Arowai through the Water Services Bill. · The DIA had looked at approximately 20 different zone combinations, before settling on the zones that were proposed. This was due to the fact that in order to be advantageous, there needed to be over 800,000 connections within each Zone. · The DIA had considered multiple options before deciding on the proposed model. However, none of them addressed the issues around water safety and consent consistency, which needed to be resolved across New Zealand. Each outcome was reviewed by members of the steering group, in order to get an understanding of how the DIA decided on the model they had proposed. · The CEO emphasised that this was an information update, some of which was still to be confirmed, and was subject to change.
In wrapping up the discussion, the Chairperson thanked the Chief Executive Officer, Miriam Taris, for the work that she had undertaken over the last 14 years at Council, and wished her luck for the future, following her final day at Council on 16 July 2021.
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Resumption of Standing Orders |
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Resolution KWF21-2.6 Moved: Mayor G Webber Seconded: Cr M Murray-Benge A motion was moved that the Kaimai Ward Forum resume standing orders. Carried |
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Meeting be adjourned |
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Resolution KWF21-2.7 Moved: Cr M Grainger Seconded: Cr D Thwaites That the meeting be adjourned until Tuesday 13 July 2021 at 1.00pm in Council Chambers. Carried |
MINUTES
OF Western Bay of Plenty District
Council
Kaimai Ward Forum reconvened Meeting No.
KWF21-2
HELD AT THE WESTERN BAY OF PLENTY DISTRICT Council
chambers
ON tuesday, 13 July 2021 AT 1.00pm
Present
Cr M Dean (Chairperson) and Mayor G Webber (Ex-Officio)
Via Zoom: Cr M Grainger, Cr M Murray-Benge and Cr D Thwaites
In Attendance
P Osborne (Senior Governance Advisor)
Meeting Reconvened
The Chairperson opened the reconvened meeting and welcomed all present.
Apologies
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Apology |
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Resolution KWF21-2.1 Moved: Cr D Thwaites Seconded: Cr M Murray-Benge That the apology for absence from the Chief Executive Officer be accepted. Carried |
12 Recommendations to Council/Committee
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12.1 Te Puna Cycleway |
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Resolution KWF21-2.2 Moved: Mayor G Webber Seconded: Cr M Grainger The Kaimai Ward Forum request a staff report on the safety progress of the Te Puna Cycleway. Carried |
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12.2 Long Term Plan (LTP) - Elder Housing |
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Resolution KWF21-2.3 Moved: Cr M Grainger Seconded: Cr D Thwaites The Kaimai Ward Forum request for staff to send Bruce McCabe a link to the Elder Housing paper on the Western Bay of Plenty District Council website. Carried |
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12.3 Communication to Kaimai Ward Community Groups and residents |
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Resolution KWF21-2.4 Moved: Mayor G Webber Seconded: Cr M Murray-Benge The Kaimai Ward Forum request for Council staff to look into the possibility of communicating through local school newsletters on upcoming Ward Forums in the area. Carried |
The Meeting closed at 1.17pm.
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12 August 2021 |
9.4 Minutes of the Maketu - Te Puke Ward Forum Meeting held on 5 July 2021
File Number: A4287353
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Maketu - Te Puke Ward Forum Meeting held on 5 July 2021 be confirmed as a true and correct record and the recommendations therein be adopted.
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1. Minutes of the Maketu - Te Puke Ward Forum Meeting held on 5 July 2021
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Maketu - Te Puke Ward Forum Meeting Minutes |
5 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Maketu - Te Puke Ward Forum Meeting No.
MTP21-2
HELD AT THE Pongakawa Hall, 942 Old
Coach Road, Pongakawa
ON Monday, 5 July 2021 AT 7.00pm
1 Present
Cr K Marsh (Chairperson), Mayor G Webber, Deputy Mayor J Scrimgeour, Cr M Gray, and Cr G Dally.
2 In Attendance
M Taris (Chief Executive Officer), P Osborne (Senior Governance Advisor) and C Irvin (Senior Governance Advisor).
OTHERS IN ATTENDANCE
17 Members of the public, including Richard Crawford (Te Puke Community Board Chairperson) and Shane Beech (Maketu Community Board Chairperson).
3 Apologies
Nil
4 Consideration of Late Items
Nil
5 Declarations of Interest
Nil
6 Public Excluded Items
Nil
7 PUBLIC FORUM
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Public Forum Adjourn Meeting |
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Resolution MTP21-2.1 Moved: Cr M Gray Seconded: Cr G Dally That the meeting adjourn for the purpose of holding a public forum. Carried |
A. Deputy Mayor John Scrimgeour – Maniatutu Road
Deputy Mayor Scrimgeour appeared as a member of the public to speak on behalf of Donn Randell, who was unable to attend the meeting.
Maniatutu Road:
· Mr Randell was of the belief that the corner near 201 Maniatutu Road was an engineering debacle.
· He was pleased to see the widening of the road near the quarry being undertaken.
· He was concerned about the width of the road further south and the speeding motorists.
B. Neville Marsh – Various Items
· Mr Marsh spoke in support of the previous speakers concerns, noting that he believed Maniatutu Road was one of the most dangerous roads he had driven on.
· Mr Marsh also noted that the school road had been improved, however he was of the belief that parts of Old Coach Road still required a lot of work.
C. Mike Maassen – Arawa Road Resident
· Firstly, Mr Maassen spoke in support of Neville Marsh’s comments on the condition of Maniatutu Road, as he felt that the condition of the road appeared to have deteriorated since works had been undertaken.
· He advised that he felt the new Kerbside Collection was a good service.
· The new Arawa Road bus shelter had arrived on Friday. Mr Maassen sought some clarification as to whether the bus shelter was going to have a ‘spruce up’.
· The walking track at the bottom of Arawa Road was still to be upgraded to a metal road and he would like an update on the status of this project, as well as the Arawa Road upgrades (including the plans).
· Mr Maassen noted that the demographic of the community was changing, with more young families/children in the local community. Currently there was no playground or park facility in the area, and Mr Maassen believed it would be worthwhile exploring options for the future.
D. Angie Piper – Pukehina Ratepayers and Residents Association (PRRA)
· Ms Piper thanked Council for the ‘Antenno’ App, as she believed it was a great tool and that it should be used more widely in the community for things like distribution of local information, i.e. public meetings in the area.
· The PRRA would like an update regarding the status of the playground equipment in Pukehina, as there were faults in the new equipment.
· There was a request that information from Council be channelled through PRRA, as Ms Piper was of the belief that this information tended to go around the association.
· The PRRA expressed their appreciation towards Cr Marsh and Deputy Mayor Scrimgeour for their attendance at the PRRA’s Annual General Meetings. The Association requested that Councillors provided feedback and updates on Council matters that directly affected them at future meetings.
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Public Forum Meeting Reconvened |
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Resolution MTP21-2.2 Moved: Deputy Mayor J Scrimgeour Seconded: Mayor G Webber That the meeting reconvene in formal session at 7.18pm. Carried |
8 Presentations
Nil
9 Minutes for Receipt
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9.1 Minutes of the Maketu - Te Puke Ward Forum Meeting held on 16 March 2021 |
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Resolution MTP21-2.3 Moved: Cr M Gray Seconded: Cr G Dally That the Minutes of the Maketu - Te Puke Ward Forum Meeting held on 16 March 2021 be received Carried |
10 Reports
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10.1 Maketu - Te Puke Ward Forum Minute Action Sheet |
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The Committee considered a report from the Governance Support Administrator. The report was taken as read.
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Resolution MTP21-2.4 Moved: Mayor G Webber Seconded: Deputy Mayor J Scrimgeour 1. That the Governance Support Administrator’s report dated 5 July 2021 titled ‘Maketu-Te Puke Ward Forum Minute Action Sheet’ be received 2. Carried |
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Suspension of Standing Orders |
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Resolution MTP21-2.5 Moved: Deputy Mayor J Scrimgeour Seconded: Mayor G Webber A motion was moved that the Maketu-Te Puke Ward Forum suspend standing orders. Carried |
11 Workshop
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11.1 Workshop Items |
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A. Derek Spratt – Waihī Drainage District Society (WDDS) · The WDDS was concerned that there were only two rateable areas that Council was collecting rates from. There was an area at the back of Old Coach Road (as well as other areas) that were classed as ‘C’, but were not included in the targeted rate. The Society would like Council to reinvestigate putting a rate charge on all class ‘C’ blocks that had not been rated. This contribution would help cover costs for cleaning up the canals. · The WDDS had a contract to clean the rivers and canals. They requested that Council inform the Society about any Government grant applications relating to planting on river banks so that they were aware of what was happening in that space and could act accordingly. · Mr Spratt informed the Committee that he was resigning at the end of the year and expressed his gratitude towards CEO Miriam Taris for the work she had undertaken at Council, especially working alongside the Waihī Drainage District Society.
B. Andy McDowell and Boyd Harris - Pukehina Surf Rescue · Mr McDowell gave an overview of the 2021 summer season which included volunteer patrol days, numbers of people on the beach, patrol schedules, interacting with beach visitors about rips and swimming between the flags, first aid occurrences and the rescue of a teenager in a near-drowning incident. · A building consent for the new premises had been granted and a draft of the building was now being drawn up to go out for tender. · Due to the increasing number of beach visitors there was more pressure on public resources. Mr McDowell thanked Council for the Long Term Plan contribution of new toilets. This was very well received and greatly appreciated. · Pukehina Surf Rescue was looking at opening up patrols in Taupo. There were too many deaths in the river and lake. It would be a great opportunity for local children to get involved and create connections between Pukehina, Maketu and Taupo. · Pukehina Surf Rescue would be approaching Council for a contribution to them, as a community facility, and to assist in providing a temporary community amenity while the building of the new facility was being undertaken. · Mr Harris provided Elected Members with a list of Pukehina Surf Club’s community engagements over the last 12 months which included the names of numbers of other organisations involved. They had turned away some events due to lack of space, and often had to put up tents outside to provide further accommodation and sun protection. · Funding had been confirmed from TECT, WBOPDC, and the general community, with applications for more funding from Surf Life Saving New Zealand, the Lotteries Commission and BayTrust, still to be confirmed.
C. Mark Boyle – Te Puke Economic Development Group · Mr Boyle gave an update on the Te Puke Economic Development Group which included that there had been significant growth in the area, further developments at Rangiuru Business Park, employment numbers, and the challenge of finding staff in certain sectors. · It was noted that there were two hundred and fifty hectares of new kiwifruit plantings in Te Puke east each year, which created a lot of jobs. · The settlement pattern in the eastern area of Te Puke was of significance for Te Puke Economic Development Group – particularly housing to meet the demands of jobs and growth. · At this point in time the town centre had around six empty shops, but landlords were actively involved in leasing them out. There was a new eatery, and other shops, being opened up. There were also things happening in the commercial/machinery sector. · All in all, Te Puke, at this time, was a positive environment and it was important for residents to let this be known to others.
D. Shane Beech – Maketu Community Board Chairman · Mr Beech gave an update on roading upgrades, the new cycleway, the Maketu Community Board’s submissions to Council’s LTP, and expressed full support for the draft concept plan for 83 Ford Road, commenting that it was all very positive. · Mr Beech thanked CEO Miriam Taris for the work she had done for Maketu, for working together with the Maketu Community Board, and wished her well for the future.
E. Craig Haggo – Principle - Pongakawa School · Mr Haggo thanked Council for their work in looking at student safety around the school, and for the installation of school signs indicating children in the area. · Pongakawa School would like the speed limit directly outside the school reduced to 60 kilometres/hour. They would like Council to re-engage with Waka Kotahi to try to get this implemented. · Many of the school’s students were members of the ‘Nippers’ programme at Pukehina Surf Rescue. This fostered a good and supportive relationship between the school and Surf Club.
F. Richard Glover, Leanne Armstrong, Moira McCallum, Kirsty Garrett - Pukehina Ratepayers and Residents Association · Mr Glover advised the following: o Kerbside Collection: There had been questions raised as to whether the small recycling bins for glass should be picked up weekly and not fortnightly; o Coastal erosion continued to be a major issue for Pukehina residents, some of whom had put in large blocks to try to prevent it from progressing more; and o It was felt that the submission for Midway Park in Pukehina had been minimised on the LTP and it was hoped that Council would look at this again. · Mr Glover wished CEO Miriam Taris good luck for the future. · Ms Armstrong advised that the PRRA would like an update, and also to be informed about, the progress on the following items: o When the new footpath is likely to be completed; o When would the boat ramp be replaced; o Could the construction trucks be utilised to clean up all the old groynes lying around. · Ms Armstrong acknowledged the great work being done by Council at Cutwater and the cycle and walkway projects. · Ms McCallum advised that the Kerbside Collection dates were problematic in that they had been changed from Tuesday to Friday, which meant that people on holiday had to leave their rubbish outside on Sunday when they left and it would not be picked up until the following Friday. It was confusing as to why only number one and two plastics could be recycled. She asked if Council had looked at alternative ways to recycle other types of plastics. · Ms Garrett thanked Council for the LTP funding for the Pukehina Community Hall. There had been a slight delay in progress due to an engineering report and they were now waiting for another report before being able to continue. · A Pukehina Trust event was held in March (with a lot of support from Council). It was a big success and raised eighteen and a half thousand dollars in funding, some of which was donated to Pukehina Surf Rescue and the Fire Service.
G. Richard Crawford –Te Puke Community Board · Mr Crawford advised it was good to hear all the positive things happening in the area, noting the following: o There was an element of destructive behaviour happening in the community, such as graffiti. They were looking at ways to bring this under control, one of which was through the Graham Dingle Foundation, a leader in positive child and youth development. o They had extended their school lunch service to cover the next two years. · Mr Crawford acknowledged CEO Miriam Taris and her work with the Te Puke Community Board.
H. Chris Johnstone - COLAB · COLAB was a collective of all nations and individuals from across the Maketu - Te Puke Ward, who had come together to achieve better outcomes for the community, one where everyone thrived. · A lot of progress had been made over the last two years, in particular due to the support received from Council and Elected Members. · COLAB had four areas of priority: youth, housing, CCC (community, cohesion and connection) and new initiatives. · CCC COLAB had been working together with local Iwi running training workshops. It had also partnered with Toi Ohomai and Te Puke High School this year to have a Level 2 Te Reo path. They also supported the upcoming ‘Matariki’ event and other events such as Christmas in the Park and school holiday programmes in the area. · Housing A ‘Te Puke Housing Service’ (a telephone service for people who were having difficulty accessing housing) had been set up over the last few months and was well under way. A clinic would also be set up in the Council library, providing a safe and comfortable space for people to come for help and advice. This would start in the second week of July 2021. · COLAB, along with other agencies, was undertaking a data project to capture statistics around housing issues. It was thought that up to eighty percent of people contacting social agencies were doing so due to housing issues. There would be an initial one month trial that would then help to shape the project going forward. · A group of government and non-government agencies were working together looking at strategies for the region, such as ensuring that there was enough housing for the elderly and young going forward, and supporting people who wanted to buy a property in the area. · Food Security Plan COLAB had come together with the ‘Hub’ and a mayoral task force earlier in the year to do a comprehensive food security plan for the area, which initially came about due to issues that arose from the 2020 COVID lockdown. Workshops had been conducted right across the community, data had been collected and a plan was being developed that would be taken out to the community for consultation before finalisation (due end of July 2021). It was about ensuring that the community could rally and be more self-sustaining in the event of a natural disaster. · Future Resilience COLAB had received government funding to engage someone to look at what could be done to make the community, especially vulnerable people, more resilient for the future. During the Covid-19 lockdown in 2020 the community came together and did very well but it also highlighted things that could have been done better. · Youth COLAB had been approached by the Te Puke community to help with ongoing youth issues. It was acknowledged there were already some great initiatives in place. COLAB intended to engage someone to do a ‘stock take’ of all that was happening in the youth space in Te Puke. All available resources would then be pulled together, and collectively, they would come up with a plan going forward.
I. Ian Hurlock - Maketu Coast Guard · Mr Hurlock gave an overview of the tasks completed and jobs done recently which included instructing/training children, rescues, working with council looking at the condition of the rivers, police call-outs, overturned boats, open days and a jet ski night rescue. · He thanked the Maketu Community Board and Council for the funding they received recently. They were hoping to get their new young recruits overalls and safety gear. This would help them to feel part of the team and give them a sense of belonging. · Mr Hurlock thanked everyone for their support, and in particular CEO Miriam Taris, wishing her well for the future.
J. Miriam Taris – Brief Update Three Waters Reform · The CEO acknowledged the great amount of work being done in the community, particularly in the eastern Bay of Plenty, by Councillors and volunteers and thanked the everyone for their efforts. · There was major change occurring in local government reform around the delivery of drinking water, waste water systems and storm water (Three Waters). It had to do with reticulated Council water supplies and not private water schemes. · The current situation/arrangement was not sustainable in terms of affordability and health and safety, and a change was needed to create the same standards throughout New Zealand. · The Government was also looking at Freshwater and Resource Management Act (RMA) reforms. · Local Government’s were invited to come to the table to look at what the Government was proposing and help with the reforms. · The information gathered by Central Government had been peer-reviewed by four reputable external organisations, one of which was ‘Scottish Water’, a statutory Scottish corporation that provides water and sewerage services across Scotland. All peer reviews concluded that New Zealand had shortfalls in terms of quality of drinking water, health and safety, environmental issues and affordability. · The CEO had been involved in a ‘Steering Group’ with the Department of Internal Affairs (DIA) across the country, which had given input into the reforms. · The Government was looking at a voluntary scheme whereby local governments could opt-into the scheme of a different delivery model for the Three Waters. · WBOPDC was looking at joining up with Waikato, Thames/Coromandel and Taranaki regions to form one of the ‘Big Four’ water entities across New Zealand to deliver those services going forward. There was still a lot to happen in this space. · If the Government went ahead with the voluntary model there would be more consultation to come, and there was still a lot of work to do around what the structure of the new reform would look like. · The Government mandate was that, if the change went ahead, New Zealand would be no worse off than before, but be better off, and that it would be kept in public ownership. · The aim was that there should be one standard and the same quality of drinking water and wastewater systems for the entire country. · It was estimated the transition would take at least three years. A ‘Transition Authority’ would be set up to help with the process.
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Resumption of Standing Orders |
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Resolution MTP21-2.6 Moved: Mayor G Webber Seconded: Cr M Gray A motion was moved that Council resume standing orders. Carried |
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Meeting be adjourned |
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Resolution MTP21-2.7 Moved: Cr G Dally Seconded: Deputy Mayor J Scrimgeour That the meeting be adjourned until Tuesday, 13 July 2021 at 2.00pm. Carried |
MINUTES
OF Western Bay of Plenty District
Council
Maketu-Te Puke Ward Forum reconvene
Meeting No. MTP21-2
HELD AT THE WESTERN BAY OF PLENTY DISTRICT Council
chambers
ON tuesday, 13 July 2021 AT 2.00pm
Present
In Attendance: Mayor G Webber (Chairperson), Deputy Mayor J Scrimgeour, and Cr G Dally.
Via Zoom: Cr K Marsh, and Cr M Gray.
In Attendance
P Osborne (Senior Governance Advisor).
Apologies
Miriam Taris
Meeting Reconvened
The Chairperson opened the reconvened meeting and welcomed all present.
FEEDBACK
The Committee asked for staff comments and feedback on the following items:
1. Derek Spratt – Waihi Drainage District Society (WDDS)
A staff report on the size of the catchment (i.e. starts and parameters) and what was involved.
2. Craig Haggo – Principle Pongakawa School
A comment from staff regarding Waka Kotahi (NZTA) being aware of the issues around speed limits as they were currently undertaking a review of all school locations over the next three years.
3. Richard Glover – Pukehina Ratepayers and Residents Association (PRRA)
Staff comment regarding the Kerbside collection date for Pukehina residents, noting that a review on Kerbside issues would be done after the first 3 months.
A comment on Midway Park around the LTP submission from PRRA.
4. Leanne Armstrong – Pukehina Ratepayers and Residents Association (PRRA)
The Reserves and Facilities Projects and Assets Manager to provide an update to Leanne Armstrong regarding the Boat Ramp.
Recommendations to Council/Committee
Nil.
The Meeting closed at 2.23pm.
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12 August 2021 |
9.5 Minutes of the Policy Committee Meeting held on 6 July 2021
File Number: A4290176
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Policy Committee Meeting held on 6 July 2021 be confirmed as a true and correct record and the recommendations therein be adopted. |
1. Minutes of the Policy Committee Meeting held on 6 July 2021
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Policy Committee Meeting Minutes |
6 July 2021 |

MINUTES OF Western Bay of Plenty District Council
Policy Committee Meeting No. PP21-3
HELD IN THE Council Chambers, Barkes
Corner, Tauranga
ON Tuesday, 6 July 2021 AT 9.00am
1 Present
Cr M Gray (Deputy Chairperson), Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr A Henry, Cr M Murray-Benge, Cr A Sole, Deputy Mayor J Scrimgeour, and Cr D Thwaites
2 In Attendance
R Davie (Group Manager Policy Planning and Regulatory Services), E Watton (Policy and Planning Manager), P Martelli (Resource Management Manager), B Williams (Strategic Property Manager), T Miller (Senior Policy Analyst Resource Management), J Rickard (Senior Policy Analyst), T Rutherford (Policy Analyst), G Payne (Strategic Advisor), C Lim (Engagement Specialist), and B Clarke (Senior Governance Advisor)
3 Apologies
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Apologies |
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Resolution PP21-3.1 Moved: Cr D Thwaites Seconded: Deputy Mayor J Scrimgeour That the apologies for absence from Cr Marsh and Mayor Webber, and the apologies for lateness from Cr Dally, Cr Dean, Cr Henry and Cr Murray-Benge be accepted. Carried |
4 Consideration of Late Items
Nil.
5 Declarations of Interest
Nil.
6 Public Excluded Items
Nil.
7 Public Forum
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Public Forum Adjourn Meeting |
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Resolution PP21-3.2 Moved: Cr A Sole Seconded: Cr J Denyer That the meeting adjourn for the purpose of holding a Public Forum. Carried |
A. Subject: Ōmokoroa Structure Plan – Stage 3 Consultation Process
Mr David Partington, owner of 429A Ōmokoroa Road, Tabled Item (1), which he read in full. He also spoke to a Powerpoint Presentation (including photographs). Mrs Sandra Partington attended in support.
Scope of Presentation
· Key criteria of Rural Residential Zoning;
· Objectives of residential development;
· Policies of residential development.
Key Points
· He was disappointment with the Ōmokoroa Structure Plan Stage 3 consultation process.
· His property adjoined the large carpark on Ōmokoroa Road east of Prole Road, and had been zoned Future Urban for many years. His expectation was that it would become Urban due to encroaching urbanisation and Council’s zoning objectives and policies.
· He objected to the proposed rezoning of his land under Ōmokoroa Structure Plan Stage 3, to Rural Residential, as the result would be that he could not dispose of surplus land by subdivision.
· His property of 5171m2 had been a good lifestyle block years ago, but the progressive development of this part of Ōmokoroa meant that was no longer the case.
· Directly across Ōmokoroa Road, primary/secondary schools were planned, and to the south of nearby Prole Road a major recreation area with an aquatic centre was planned.
· The lower portion of his property fell within 400m of the proposed new town centre, and within 50m of new dense subdivisions.
9.05am Cr Henry, Cr Dally and Cr Murray-Benge entered the meeting.
· Increased road noise and light pollution had taken away the tranquillity of what was once a rural setting. They had installed garden walls and double glazing, but their property no longer enjoyed a ‘rural’ environment.
· The proposed rezoning created a hard boundary between the development of existing farmland and a kiwifruit orchard, which had been zoned Residential (development of 500 sections), and the adjacent five properties proposed to be zoned Rural Residential. The boundary appeared arbitrary.
· Those five properties were in a unique position due to their size and location, as they were essentially residential properties with generous sized gardens, and were not rural or commercial.
· At the public engagement meeting he attended, he had raised his concerns with Council staff, who recognised his argument and the effects of urbanisation surrounding them, although they indicated the reference to ‘rural’ was somewhat misleading (or similar).
9.10am Cr Dean entered the meeting.
· He was concerned that Council staff may have an entrenched view on the decision to rezone his property as Rural Residential. It had been suggested by staff that his land may be unsuitable for development, but the portion for subdivision was flat contour and this was not the case.
· Detailed written submissions had been filed with Council. One specific to his property, and the other on behalf of the five neighbouring properties adjoining the new subdivision. A formal response had not yet been received.
· Staff had advised that the five properties with mature trees and gardens served an aesthetic purpose as a “greenbelt” behind the new development.
· He had two or three plots of land that would make generous sections of approximately 1000m2, but they could not be developed under a Rural Residential zoning, because that required lots of 3000m2 to 4000m2.
· He would welcome an independent review of his feedback. He was concerned that Stage 3 was being ‘fast tracked’ and this may limit independent consideration of concerns. Small landholders did not have the resources to dispute Council’s decisions in a court of law.
In response to questions of clarification, Mr Partington advised as follows:
· They had moved into their property two and a half years ago on return from overseas.
· His property was zoned Future Urban when he purchased. No explanation had been given as to why their property would be rezoned to Rural Residential, which he considered to be “going backwards” to rural. With the expansion happening, he anticipated that they would be encapsulated by residential properties.
· The line being drawn was between “the old and the new”. He had no objection to most of the development in the area, or to the 500 houses that would be developed next to his property, but there needed to be an evaluation of the five houses adjoining the boundary, because they had different circumstances. Some of his neighbours wanted to put one or two houses on their land, but could not under the rezoning that was proposed.
· He sought an independent review of the Rural Residential zoning of Stage 3, and questioned how that could happen within the process, e.g. the Environment Court or the dispute resolution procedure.
Through the Chairperson, the Group Manager Policy, Planning and Regulatory Services provided clarification in relation to process as follows:
· The opportunities to connect with the community in relation to the Structure Plan process so far, were not the formal consultation phase but were engagement opportunities and were very informal in that regard. If Mr & Mrs Partington had attended those opportunities, they would recall that Elected Members had been present during those engagement efforts. The formal consultation phase would happen shortly.
· She wished to convey an assurance that staff were technical advisors to the Council. Certainly, they were Town Planners with a special suite of skills and expertise, but the ultimate ‘decision makers’ sat around the Council ‘table’. Council’s Elected Members had, for many years, been involved in making key decisions around the shape of the Structure Plan and the Residential rules as it had emerged to this point, and they would continue to do so.
· The Policy Committee, with a membership of all Councillors, was the committee that would make the decision to formally notify the Structure Plan or Plan Change, and it was anticipated that would occur in or around August 2021. Following that, there was a formal Resource Management Act 1991 (RMA) process that enabled Mr & Mrs Partington and other effected people to make a formal submission to that consultation process.
· In response to Mr Partington’s reference to ‘stream lining or fast tracking’, it was correct that the Policy Committee would be considering a report during this meeting, on the matter of endeavouring to approach the Minister for the Environment with a view to utilising the Streamlined Planning Process (SPP) available under the RMA. That process still enabled community participation and enabled effected people to make their submission, but the ultimate decision to adopt the Plan Change rested with the Minister for the Environment. There were no opportunities to appeal to the Environment Court, but there was a volume of ‘decision making’ before that point.
· Bearing in mind this was Public Forum, and not an opportunity for debate, once Council made the decision to formally notify its Plan Change, undoubtedly, Mr & Mrs Partington’s submission, along with all submissions to the Plan Change during formal consultation, would be considered by Council.
· No decisions had yet been made. Options had been canvassed with the community. The final ‘decision makers’ were the Elected Members, informed by the technical advice they received from staff. Any assertion that staff had an “agenda” was refuted, they did not. Staff took their direction from Elected Members. It was a reciprocal arrangement with Elected Members and staff were ‘duty bound’ to support Elected Members with robust advice.
Mr Partington thanked the Group Manager for her clarification, noting it was reassuring.
In response to questions of clarification from Elected Members and Mr Partington, staff advised as follows:
· It was important to make the distinction that the material provided by Mr and Mrs Partington today was not a formal submission in the ‘RMA sense’, albeit that they had indicated their ‘position. The Council had not yet formally notified the Plan Change, which was the next step it needed to make. It could not notify dates for a formal consultation period to occur until it did. Notifying the Plan Change was the next step that Council would be making. It was not anticipated that notification would occur until in or around August 2021.
· The ‘position’ that Mr and Mrs Partington had indicated was considered to be feedback at this time, but could eventually be included in a formal submission during the formal consultation phase, if they desired. Staff would need to consider the implications of this feedback, and ultimately it would be for Elected Members to consider during the process.
· If the Plan Change was notified and still showed a proposed Rural Residential zoning over Mr and Mrs Partington and their neighbours’ properties, that would not preclude them from making a formal submission during the process.
· There was a whole process to go through. If Council was successful in its request to the Minister to use the SPP, then there were no appeals to the Environment Court.
· The Council would need to make a decision based on all of the submissions received during the process.
· It was Council’s right to pursue the opportunity to utilise the SPP, but it was the Minister who would make the final decision as to whether the SPP could be utilised by Council.
Mr and Mrs Partington were invited to stay to hear the agenda item on the Ōmokoroa Structure Plan following Public Forum. The Group Manager Policy, Planning and Regulatory Services advised that she would be available to meet with them to discuss the matter further, if they wished.
The Chairperson advised that Public Forum must now conclude so that the Committee could continue with agenda business.
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Public Forum Meeting Reconvened |
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Resolution PP21-3.3 Moved: Cr A Sole Seconded: Cr A Henry That the meeting reconvene in formal session at 9.30am. Carried |
8 Presentations
Nil.
9 Reports
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9.1 Ōmokoroa Plan Change update |
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The Committee considered a report from the Senior Policy Analyst Resource Management, who Tabled Item (2), titled ‘Summary of Submissions’ and Tabled Item (3), titled ‘Full Submissions’, which had been circulated to the Committee prior to the meeting.
The Resource Management Manager gave an introductory overview, noting the following:
· As was apparent from the Public Forum speaker this morning, the part of the process that Council was going through currently was an interesting one and there were two parts to it: o The first was the Plan Change itself, which Council would eventually adopt to formally notify and seek formal submissions on; o The other was the matter for consideration in the report before the Committee today, which was basically about what process Council was going to use to do this eventual Plan Change. · In due course, staff would report back to the Committee seeking approval for a Plan Change to notify, but that was not today’s task. · Some of an initial draft Plan Change would be discussed, but it was, by no means, the final draft Plan Change. This was because, should the Committee agree to apply to the Minister to utilise the Streamlined Planning Process (SPP), Council must provide, at the least, a draft version of the Plan Change to attach to the application, knowing it was not the final version. · The Minister also expected Council, in due course, to adopt the Plan Change for notification, and this could be in August or September 2021 when the Committee was available. · Today, the focus was the Streamline Planning Process that staff had discussed with Elected Members before, much more than the detail or the content of the Plan Change. · It would be useful to determine today, the preferred option for the Active Reserves adjoining Ōmokoroa Road, to provide a sense of direction for staff in terms of finalising the Plan Change.
The Senior Policy Analyst Resource Management introduced the report, noting the following key points:
· There were three key aspects to consider with regard to the report before Elected Members for consideration today. The consultation Summary of Submissions had been provided as a tabled item; the report recommendation sought a decision on Option 1 or Option 2 for Active Reserves (sports fields) for the purpose of notifying the Structure Plan; and sought a decision on the Streamlined Planning Process (SPP) being recommended. · The SPP had been spoken about in detail in previous meetings. Key aspects were highlighted as follows: o The SPP was an option available to Council, under the RMA, to carry out a Plan Change; o The Plan Change process proposed, through the SPP, was similar to the Schedule 1 Plan Change RMA process Council would normally carry out. The key differences were that Council was not planning to have a ‘further submissions’ process, and there was no appeals to the Environment Court at the end of the process. · The reasons the SPP was considered to be appropriate, and this must be covered off in the report to the Minister, which was yet to be accepted, were: o Ōmokoroa had been consulted on many times over the last several years. This last round of informal engagement that had been completed was the third engagement with that community; o The consultation process being proposed was still a rigorous and robust one.
o There would still be a hearing, with Independent Commissioners and possibly Elected Members on a Commission panel. o It was considered that what was being proposed with the SPP would actually enable a fair and robust process for consideration of such matters, as had been raised in Public Forum this morning. · There was a table in the report showing the steps in the process and set out what Council was proposing to give to the Minister. It included the usual consultation process; public notification; and the public hearing process. · A ‘Technical Review’ had been proposed, to provide further confirmation to Submitters that Council was able to make the changes to the decision before it went back to the Minister. · Another important step was to utilise a pre-hearing dispute resolution process. That would provide the opportunity to have discussions with Submitters to try to arrive at solutions prior to the hearing. In this sense, there were steps within a SPP that would enable more discussion and resolution prior to a hearing. · The Hearing Panel report would go to the Minister, along with copies of all submissions, and the Minister would make the final decision on the Plan Change.
In response to questions, the Committee was advised as follows:
· The engagement process that had just been completed, had highlighted to the Ōmokoroa community the use of the SPP, and that the final decision would rest with the Minister. · Council would have a rigorous and robust consultation process with the SPP. There was desire and a need to provide housing in Ōmokoroa. If using the standard Schedule 1 process under the RMA, the Plan Change was unlikely to be completed until March 2023. · The delayed upgrading of the Ōmokoroa State Highway/intersection and the Ōmokoroa Plan Change were two quite separate issues. Looking at the roading history, Transit NZ, in 1999 and in 2002, put in place the Notice of Requirements and Designations to four lane from Tauranga to Ōmokoroa. Transit NZ’s traffic modelling at the time, showed that those upgrades would be likely to be needed around 2015. Based on those bodies of work and decisions, Council committed to Ōmokoroa as a growth area in 2002 and had invested significant sums of money. If Council stopped development at Ōmokoroa now, because of the condition of the intersection and State Highway, it would still need to recoup significant sums of money that would have been paid for by development. That would place a severe burden on ratepayers at Ōmokoroa to take up that financial burden. Council could not afford to stop development at Ōmokoroa, based on the decisions it had already made. · In terms of the SPP, one benefit was the speeding up of the process. The reasons why the Government had offered this process were worth considering. In discussions with counterparts in other councils and from research, other councils were utilising the SPP process. There was the question of how much value was added by involving the Environment Court to resolve issues afterwards. Enabling a pre-hearing dispute resolution process was considered a better way to manage issues for all parties concerned. · The Environment court was often viewed as a “blunt” process and it should be noted that the majority of appeal cases were settled at mediation. The SPP had been provided by the Government as a preferred mechanism for resolving issues. When the reform agenda progressed, it was anticipated that there would be less emphasis on Environment Court processes. · It was the responsibility of the District Plan Committee Elected Members, or the Independent Commissioners if no Elected Members were on the panel, to ensure that all Submitters received a fair hearing. This applied to any consultative procedure undertaken by Council. · In terms of wastewater in the Rural Residential zone, there had been no feedback on that matter at all during engagement. · The debate before the Committee now, was in relation to the matters raised in the agenda report for consideration only. The matters that had been raised during the Public Forum needed to be brought back to the Committee within the Plan Change proper. It was not appropriate today, to debate those matters now. · There was nothing proposed to take to the Minister yet. Council needed to propose to adopt its Plan Change in August 2021. This paper was about the process to utilise for the Plan Change. It had been discussed on several occasions.
Staff had been involved in discussions with the Ministry of the Environment to prepare for this. Elected Members were requested to focus on the substance of what the report included, rather than matters raised in Public Forum. This was about process, and in August 2021 it would be about the substance of the Structure Plan. That debate did not need to impact this decision here and now. · There was no question that Submitters would get a fair hearing, should Council adopt the SPP process. · In relation to the Tauriko West boundary change, for clarification, the change to the Regional Policy Statement Urban Limit Line for Tauriko West was progressed using the SPP process. The Boundary was processed under different legislation. The SPP that moved the Urban Limit Line was concluded within six months. The boundary adjustment came after it. · The gestation of this Plan Change had been a long time in the making. The desire to use the SPP was largely in response to the dire need that the sub-region finds itself in, in terms of the need for housing and the need for land for housing. That had been talked about many times around the SmartGrowth table. There had been an unfavourable decision from Waka Kotahi/NZ Transport Agency in relation to the State Highway, which still needed further debate around the Council table, but not today. · The low significance assessment in the report related to the decision asked to be resolved today. This was primarily to approach the Minister seeking his approval to use the SPP. All Plan Changes at this latter phase were assessed as low significance, because all of the risks were outlined in the statutes, rather than the wider issues. When the final Structure Plan was brought back to adopt, the significance could change at that time. · The reason preference was sought on the reserves at this time was because Council was obliged to provide the Minister with a draft Structure Plan, which may be subject to change, but must be provided with the application to utilise the SPP. Whichever option preference was made, it would have implications on work on part of the Structure Plan going forward, so the earlier the preference, the more direction was clarified for staff to do that work. · The fundamental purpose of this paper was about permission to pursue the direction from Elected Members up to this point, and seek formal consent from the Minister to utilise the SPP, broadly outlined in the paper itself. Council had engaged the community in relation to its preferred option for a reserve.
The Chairperson advised that the recommendation would be dealt with ‘in parts’.
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Resolution PP21-3.4 – PART 1 Moved: Cr M Grainger Seconded: Cr M Murray-Benge 1. That the Senior Policy Analyst’s report dated 6 July 2021 titled ‘Ōmokoroa Plan Change Update’ be received. Carried |
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Resolution PP21-3.5 – PART 2 Moved: Cr A Sole Seconded: Cr J Denyer 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 |
Cr Henry voted against the motion and requested that her vote against be recorded.
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IN RELATION TO PART 3 oF THE REPORT RESOLUTION In response to questions, staff advised as follows:
· The decision today did not mean that Council was actually implementing the Plan Change. · The direction that would come back from the Minister would be quite definitive about how the process was to be applied. In terms of timing, that would also come down to the nature of the Plan Change. If there were concerns about roading delays, that may trigger a decision that the Plan Change would not come into effect until a determined time or until certain action occurred. Council should be mindful about the fact that it may then then have to start the whole process again. · Regardless of Council’s decision in relation to the Plan Change, there were other ways that development could be progressed by way of resource consent. If, for example, Council chose not to progress the Plan Change, or to slow it down in August 2021, there would be significant applications lodged for resource consent for non-complying activities and they would need to be assessed on that basis. · The Minister would receive a full report of all Submissions received by Council. The reporting was similar to the Schedule 1 process where everything was encapsulated and the Minister would have a full copy of all documentation and materials.
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Resolution PP21-3.6 – PART 3 Moved: Cr J Denyer Seconded: Cr M Dean 3. That Council applies to the Minister for the Environment to use the Streamlined Planning Process, in accordance with Section 80C of the Resource Management Act 1991, to process and adopt the Ōmokoroa Structure Plan and associated rules. Carried |
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IN RELATION TO PART 3 oF THE REPORT RESOLUTION
A division was called and was recorded as follows:
For the motion: Cr Dally, Cr Dean, Cr Denyer, Cr Grainger, Cr Gray, Cr Henry, Cr Sole, and Deputy Mayor Scrimgeour.
Against the motion: Cr Murray-Benge and Cr Thwaites.
Absent: Cr Marsh and Mayor Webber
The motion was declared carried.
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IN RELATION TO PART 4 oF THE REPORT RESOLUTION In response to questions, staff advised as follows:
· The Omokoroa campsite (Holiday Park) owners and residents had raised balanced views in their feedback about what was happening in the community currently. Staff had met and had discussions with them, and had also had discussions with Council’s property advisor. Although discussions on the property side had been initiated, this was a much broader issue than a simple spatial planning issue. There were some possibilities that could occur. Some options may be subject to property negotiations or, potentially, land swap. However, there was a period of up to ten years to address this matter before Council would need that land. In terms of Option 1 (in relation to Active Reserves) being included as part 4 of the report recommendation, from an ‘in principle’ point of view, the reason staff were asking at this stage was not only to gain an indication required for lodging the application with the Minister, but also because time was needed to be prepare a more final proposed plan to notify. Whichever Option the Elected Members chose had implications on other parts of the Structure Plan. · Option 1 was the preferred option for Active Reserves. · The majority of the feedback received from the residents of the Holiday Park was in opposition and they preferred Option 2. Council received sixteen pieces of feedback from others in support of Option 1, and the reasons for that support covered various things, including the connectivity of the school and Town Centre. Considering feedback from the Holiday Park as ‘one piece’ of feedback, then the preferred option, overall, would be Option 1. · Both Option 1 and Option 2 went out to the community recently, and these were shown throughout the engagement period as ‘equal options’. There was no preferred option declared, however, analysis was provided to support ‘pros and cons’ for each, for balanced information. · The reason staff sought direction from Elected Members on Active Reserves, was that Council needed to provide an overall Master Plan approach to show to the Minister. Without having clear direction on Option 1 and Option 2, it was still showing 2 possibilities. If a preferred option was not proposed for sports fields and included in the application to the Minister, there were implications on other pieces of strategic work within the Structure Plan. It should be kept in mind that this was for notification purposes and that Council would still be seeking feedback on a proposed option. · In Council’s discussions with the Ministry of Education, they had confirmed that the school would be primary and secondary years. The school land was somewhat undersized, so from the Ministry perspective, the preference was for Option 1, which would enable the Active Reserve to be utilised for sports. · It appeared the school was included in the Government budget for September 2021. · In relation to asbestos mentioned in submissions, testing for this had been undertaken. There was none found in the grounds but there was some in the sheds, which would have to be removed. Council had discussions with the Ministry, who were well aware of the situation.
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Resolution PP21-3.7 – PART 4 Moved: Cr M Dean Seconded: Deputy Mayor J Scrimgeour 4. That, for the purpose of notifying the Ōmokoroa Structure Plan the Active Reserves, Option 1 adjoining Ōmokoroa Road, is included on the Structure Plan as the preferred option for Active Reserve. Carried |
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9.2 Draft CCTV Management Plan |
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The Committee considered a report from the Policy Analyst. The Strategic Property Manager introduced the report, noting the following key points:
· The report outlined the proposed Management Plan for the CCTV process. · Staff had been in discussions with NZ Police, who were interested in participating in the process. · Elected Members had indicated they wished to be involved in the process. · Staff would view the CCTV facility at Tauranga City Council later that day. · It was proposed that the Strategic Property Manager would coordinate the process. A CCTV Management Panel would deal with all the applications, and would likely comprise of some Councillors, NZ Police representatives and the Strategic Property Manager. · The Panel may decide which applications were a priority, and there would be consideration of context. The Panel would bring all recommendations to the Council for decisions.
In response to questions, Staff advised as follows:
· Through the Elected Members’ Long Term Plan discussions, in consideration of the Issues and Options Paper, which were quite detailed, the preference was that the Operational costs (OPEX) would be funded through Council, but there was a desire not to stop Community Boards from procuring CCTV cameras, if they were prepared to fully fund them, and if Council considered them to be part of the District network. They would still require permission from Council to procure the camera, but funding should not a barrier if they wished to fully fund through the life of the camera. · In terms of the timing for the process to be open, Staff were moving to initiate this as quickly as possible, and were aware of the interest. Now this was approved, an application form was being prepared for use and the information would be brought to Council for consideration. Once that had occurred, there would be some form of advertising to ensure people knew that they could make applications.
Elected Members expressed gratitude to Staff for their work on the project.
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Resolution PP21-3.8 Moved: Cr M Murray-Benge Seconded: Cr M Grainger 1. That the Policy Analyst’s report dated 6 July 2021 titled ‘Draft CCTV Management Plan’ be received. 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. 3. That the Policy Committee adopts the CCTV Management Plan set out in Attachment One, of the agenda report, to be effective from 7 July 2021. Carried |
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9.3 Submissions on Behalf of Council |
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The Committee considered a report from the Senior Governance Advisor.
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Resolution PP21-3.9 Moved: Cr M Grainger Seconded: Deputy Mayor J Scrimgeour 1. That the Senior Governance Advisor’s report dated 6 July 2021 titled ‘Submissions on Behalf of Council’ be received. 2. That the following two submissions are received by the Policy Committee and the information is noted: a) He Pou a Rangi – Climate Change Commission Draft Advice to Government [dated 26 March 2021] - (Attachment 1 of the agenda report); and b) Submission on the Tauranga City Council Long Term Plan 2021-2031 [dated 4 June 2021] – (Attachment 2 of the agenda report). Carried |
10 Information for Receipt
Nil.
The meeting closed at 10.45am.
Confirmed as a true and correct record by Council on 12 August 2021.
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12 August 2021 |
9.6 Minutes of the District Plan Committee Meeting held on 6 July 2021
File Number: A4290173
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the District Plan Committee Meeting held on 6 July 2021 be confirmed as a true and correct record and the recommendations therein be adopted. |
1. Minutes of the District Plan Committee Meeting held on 6 July 2021
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Council Meeting Agenda |
12 August 2021 |
MINUTES OF Western Bay of Plenty District Council
District Plan Committee Meeting No. DP21-1
HELD IN THE Council Chambers, Barkes
Corner, Tauranga
ON Tuesday, 6 July 2021 On conclusion of
the Policy Committee meeting
DP21-1 commenced at 10.46am
1 Present
Deputy Mayor J Scrimgeour (Chairperson), Cr G Dally, Cr M Dean, Cr J Denyer, Cr M Grainger, Cr M Gray, Cr A Henry and Cr M Murray-Benge
2 Staff Attendance
R Davie (Group Manager Policy, Planning and Regulatory Services), E Watton (Policy and Planning Manager), A Price (Senior Consents Planner) and B Clarke (Senior Governance Advisor)
3 Apologies
Nil.
4 Declarations of Interest
Nil.
5 Reports
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5.1 Appointment of Independent Commissioner |
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The Committee considered a report from the Senior Consents Planner.
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Resolution DP21-1.1 Moved: Cr M Murray-Benge Seconded: Cr G Dally 1. That the Senior Consents Planner’s report dated 6 July 2021, titled ‘Appointment of Independent Commissioner’ 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 Commissioner to consider and determine the land use consent variation RC11484L at 1245 State Highway 2 and 491 Ōmokoroa Road, Ōmokoroa: · Commissioner Alan Withy Carried |
The meeting closed at 10.47am.
Confirmed as a true and correct record by Council on 12 August 2021.
9.7 Minutes of the Performance and Monitoring Committee Meeting held on 20 July 2021
File Number: A4291492
Author: Horowai Wi Repa, Governance Technical Support
Authoriser: Barbara Whitton, Customer Services and Governance Manager
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That the Minutes of the Performance and Monitoring Committee Meeting held on 20 July 2021 be confirmed as a true and correct record and the recommendations therein be adopted. |
1. Minutes of the Performance and Monitoring Committee Meeting held on 20 July 2021
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Performance and Monitoring Meeting Minutes |
20 July 2021 |

MINUTES OF Western Bay of
Plenty District Council
Performance and Monitoring Meeting No.
PM21-5
HELD IN THE Council Chambers, Barkes
Corner, Tauranga
ON Tuesday, 20 July 2021 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 M Gray, Cr A Henry, Cr M Murray-Benge, Deputy Mayor J Scrimgeour and Cr A Sole.
2 In Attendance
J Holyoake (Chief Executive Officer), 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), M Dowd (Chief Information Officer), M Palmer (Acting - Finance Manager), B Williams (Strategic Property Manager), J Paterson (Transportation Manager), P Watson (Reserves and Facilities Manager), K Little (Operations Manager), K Buckley (Project Manager Kerbside Services), C McLean (Senior Transportation Engineer), B Hickman (Bay of Plenty West Maintenance Contract Manager), G Armstrong (Customer Service Representative Supervisor), and C Irvin (Senior Governance Advisor).
OTHERS IN ATTENDANCE
Media
K Gillespie
KM Planning
K McGuire
Land Owner/Developer - 11 Margaret Drive, Ōmokoroa
J Zhao
Broadlands Block Rejuvenation Group
R Parsons
L Parsons
L Caves
Waihī Beach Primary School
R Coll - Principal
EnviroWaste
B Monkley
3 Apologies
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Apology |
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Resolution PM21-5.1 Moved: Cr M Gray Seconded: Cr M Murray-Benge 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
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9.1 Group Manager Finance and Technology Services' Report |
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The Committee considered a report dated 20 July 2021 from the Group Manager Finance and Technology Services. The report was taken as read.
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Resolution PM21-5.2 Moved: Cr M Dean Seconded: Cr M Grainger That the Group Manager Finance and Technology Services’ report dated 20 July 2021 titled ‘Group Manager Finance and Technology Services Report’ be received. Carried |
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9.2 Schedule of Payments for the Month of May 2021 |
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The Committee considered a report dated 20 July 2021 from the Acting – Financial Controller. The report was taken as read.
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Resolution PM21-5.3 Moved: Mayor G Webber Seconded: Deputy Mayor J Scrimgeour That the Acting – Financial Controller’s report dated 20 July 2021 titled ‘Schedule of Payments for the Month of May 2021’ be received. Carried |
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9.3 Bay of Plenty Local Authority Shared Services (BOPLASS) Statement of Intent 2021-2024 (Final) |
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The Committee considered a report dated 20 July 2021 from the Finance Manager. The report was taken as read.
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Resolution PM21-5.4 Moved: Cr M Grainger Seconded: Cr J Denyer That the Finance Manager’s report dated 20 July 2021 titled ‘Bay of Plenty Local Authority Shared Services (BOPLASS) Statement of Intent 2021-2024 (Final)’ be received. Carried |
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9.4 Proposal to officially name the land currently known as Broadlands Block, Waihī Beach |
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The Committee considered a report dated 20 July 2021 from the Reserves and Facilities Manager, who introduced Ruth Parsons, Lee Parsons and Lucia Caves of Broadlands Block Rejuvenation Group, and Rachael Coll, Principal Waihī Beach Primary School. The following points were noted:
Ruth Parsons · Through Rachael Coll, and her communications with local Iwi, significant progress had been made over the last six months towards officially changing the name of the block of land. · It was felt that the current name did not have any significance, but after research and help from an archaeologist, the history of the site was uncovered. It was found that it was originally a Pa Site, known as ‘Te Mata’. · On 25 June 2021, a ‘first planting’ was done in the area, the total being around five hundred native trees. Of significance, and very emotional, was the planting of a type of flax known as ‘Harakeke’, brought to Ōtāwhiwhi Marae many years ago by the last Kuia to reside on Tuhua (Mayor Island). Other flax varieties planted on this day were also from Tuhua. · Mayor Webber advised that he felt the background story of the block of land was important, and should be made known to the public during the consultation process.
Staff and presenters responded to questions as follows:
· Anyone in New Zealand could pick up the consultation notice in the local papers and on the Western Bay of Plenty District Council (WBOPDC) website. After completion of public consultation, Council Committee, as a decision making body, would make the final decision on the new name of the block of land.
Rachael Coll · Due diligence, of consulting with Iwi, had been done in the early stages of this process.
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Resolution PM21-5.5 Moved: Cr A Sole Seconded: Mayor G Webber 1. That the Reserves and Facilities Manager’s report dated 20 July 2021 titled ‘Proposal to Officially Name the Land Currently Known as Broadlands Block, Waihī Beach’ 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 approves that staff initiate the process to officially name an area of land currently identified as ‘Broadlands Block’. 4. That if, in Item 3 above, the Committee approves the proposal to rename the Broadlands Block, staff be instructed to initiate a one-month public consultation process before making a recommendation to Council for a formal resolution. Carried |
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9.5 Request to officially name the main stormwater pond within the Kaimai Views Subdivision, Ōmokoroa |
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The Committee considered a report dated 20 July 2021 from the Strategic Property Manager who spoke to the report noting the following:
· After consultation with Pirirākau, the Developer of the subdivision (Classic Developments) within Kaimai Views approached Council with the suggested name of ‘Puna Rua’, meaning ‘Two Springs’.
Staff responded to questions as follows:
· The pond was expected to become an attraction/point of interest for locals, which is part of the reason why the Developer suggested giving it an official name.
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Resolution PM21-5.6 Moved: Mayor G Webber Seconded: Cr M Murray-Benge 1. That the Strategic Property Manager’s report dated 20 July 2021 titled ‘Request to Officially Name the Main Stormwater Pond Within the Kaimai Views Subdivision, Ōmokoroa’ 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 approve in principle the proposal to name the main stormwater pond within the Kaimai Views subdivision ‘Puna Rua’. 4. That if in Item 3 above, the Performance and Monitoring Committee approves the proposal to rename the stormwater pond, staff be instructed to initiate a one-month public consultation process before making a recommendation to Council for a formal resolution. Carried |
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9.6 Right of Way and Stormwater Easement over Cooney Recreation Reserve, Ōmokoroa in favour of Lot 43 DPS 26919 (11 Margaret Drive Drive) |
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The Committee considered a report dated 20 July 2021 from the Reserves and Facilities Manager, who introduced Kathryn McGuire, of KM Planning and Joe Zhao, landowner and developer of 11 Margaret Drive, Ōmokoroa. The report was taken as read.
Staff and Kathryn McGuire responded to questions as follows:
· The reserve area had a low-volume, internal park road, and as such was a ‘slow vehicle’ area. This would help to enhance safety in the event that the easement was granted. · It would be necessary to uplift the Reserve’s ‘Reserve Status’ and go through a public consultation process, in order to extend the street in the Reserve. · A traffic impact assessment was being done and was in the preliminary stages at the moment. This would determine the topography with which the driveway would be situated. · The Applicant would be happy to work with Council staff to potentially come up with retaining walls/bunting/fencing where needed. · Through the Easement Instrument, any maintenance required at the site would be the responsibility of the easement holder. · When assessing whether or not an easement should be granted, one of the things Council took into consideration was the value of the land without the easement in place, as opposed to its value with the easement in place. · In order to help mitigate the potential loss of grass area in the Reserve, the Applicant had offered to undertake landscaping in that area.
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Resolution PM21-5.7 Moved: Cr M Murray-Benge Seconded: Cr M Grainger 1. That the Reserves and Facilities Manager’s report dated 20 July 2021 titled ‘Right of Way and Stormwater Easement over Cooney Recreation Reserve, Ōmokoroa in favour of Lot 43 DPS 26919 (11 Margaret Drive 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. 3. That having considered the provisions of Section 48 (3) of the Reserves Act 1977, the Performance and Monitoring Committee approves in principle to its intention to grant a right of way and storm water easement for the reasons contained in Section 2 of this report. 4. That If approval in principle 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 it’s own cost. AND 5. If approval in principle is given, that staff be directed to publicly notify the proposal in terms of Section 119 of the Reserves Act 1977. Carried Cr Henry voted against the recommendations.
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9.7 Operational Risk Report July 2021 |
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The Committee considered a report dated 20 July 2021 from the Deputy CEO. Kerbside Update The Operations Manager introduced Brett Monkley from EnviroWaste, the Customer Service Representative Supervisor, and the Project Manager Kerbside Services. The Operations Manager and Brett Monkley spoke to a power point presentation summarising the following items: · Tonnage through to week two; and · Implementation Issues. Staff and Brett Monkley responded to questions as follows: · The Kerbside Team had a weekly operational meeting that would be happening that afternoon and they would be addressing the issues that had arisen so far. It was recognised that there were significant challenges that needed to be worked through. The team acknowledged that they needed to gain ratepayers confidence and work through solving the issues. · The types of (pay as you throw) tags that were being used would be reviewed for the next production run, as the current ones could look as if they had not been used, when in fact they had been. · At their meeting in the afternoon, the Kerbside Team would be addressing the matter of extending the service to side roads for residents who had been using green bags. · There had been one applicant for the ‘Put Back Service’ to date. People were advised of this service when they rang the Customer Service Centre. · EnivroWaste had contracts for Kerbside services with nine other councils. The teething problems WBOPDC faced were similar with other councils and some were unique. It was important to keep reviewing and critiquing the processes to make improvements going forward. · It was also important that people were aware that the pick-up collection ‘window’ was from 7am until 6pm, and that this time frame would remain in place. · There was consideration being given to doing a Saturday pick-up sweep for those bins not put out early enough, but it was important to reinforce the early time for bins to be put out. The Operations Manager spoke to a power point presentation, providing a summary of the following items: · Kerbside Coaches; · Kerbside Connections; and · Kerbside Additional services.
10:50 The meeting adjourned 11:10 The meeting reconvened
The Transportation Manager spoke to a power point presentation summarising the following items: · Dudley Vercoe No. 2 Road Footpath; · Pio Road Rehabilitation; · Maniatutu Road - Bay Gold Rehabilitation and Widening; · Athenree and Steele Road Intersection Rehabilitation; and · Rehabilitation Rework; and · Ōmokoroa to Tauranga Cycle Trail.
Staff responded to questions as follows: · In terms of the three sections of Borell Road (Te Puna), a 320-meter section was committed from the stream to Treholme Lane. Staff would be happy to meet with residents to understand their concerns. The second section from Snodgrass Road to the stream at 114 Borell Road was under investigation and design. A path from Te Puna Road to Treholme Lane on the other side of Borell Road was being investigated.
The Deputy CEO spoke to a power point presentation summarising the following items: · CIP Update; · Tawhitinui Marae; · Te Rangihouhiri Marae; · State Highway 2 Pongakawa; · Busby Road Trunk Water Main Renewal; · Athenree Reservoir Cliff Protection; and · Kutaroa Marae.
Staff responded to questions as follows: · WestLink provided a detailed report to staff on a monthly basis. This was not regularly included in the Operational Risk Report, but was included in the July 2021 agenda by way of update. |
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Resolution PM21-5.8 Moved: Cr A Henry Seconded: Cr M Murray-Benge That the Deputy Chief Executive’s Report dated 20 July 2021 titled ‘Operational Risk Report July 2021’ be received. Carried |
10 Information for Receipt
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10.1 Rentals for Encroachment on Council Land - Progress Report |
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The Committee considered a report from the Strategic Property Manager who spoke to the report noting the following points:
· The Encroachment Policy was introduced in 2017. It had proved quite difficult, from that time, to get people who would have historically used a piece of land, knowing in the background that it was Council land, to pay for the use of it. · In the New Year, Council would implement a change in the way they approached people, to get them to pay what was due to Council. · It was expected that this would result in an increase in queries and complaints.
Staff responded to questions as follows:
· As far as legal measures were concerned, these properties could not be rated because they were commercial/lease rentals. Council was looking at alternative measures. · The Encroachment Policy allowed for Council to look at ‘Pro-Rata’ as a means to alter rental levels to reflect landowner contribution. · Council had received notification from the Ombudsman that they were investigating a complaint from a property owner.
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Resolution PM21-5.9 Moved: Mayor G Webber Seconded: Cr M Grainger That the Strategic Property Manager’s report dated 20 July 2021 titled ‘Rentals For Encroachment on Council Land - Progress Report’ be received. Carried |
11 Resolution to Exclude the Public
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Resolution PM21-5.10 Moved: Cr M Gray Seconded: Cr A Henry 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:
Carried |
The Meeting closed at 11:48am.
Confirmed as a true and correct record by Council on 12 August 2021.
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12 August 2021 |
10.1 Recommendatory Report from Te Puke Community Board - Expression of Interest sought for a new lessee of the Old girl guides hall on Te Puke Domain
File Number: A4294264
Author: Pernille Osborne, Senior Governance Advisor - Community Boards
Authoriser: Barbara Whitton, Customer Services and Governance Manager
Executive Summary
Following the receipt of a report from the Reserves and Facilities Manager at the Te Puke Community Board meeting held on 29 June 2021, the Board resolved to recommend to Council that the Expression of Interest from The Te Puke MenzShed Trust for a new lessee of the old Girl Guides Hall on Te Puke Domain be accepted.
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1. That the Expression of Interest from The Te Puke MenzShed Trust for a new lessee of the old Girl Guides Hall on Te Puke Domain be accepted; And That Council exercise the powers conferred on it as the administrating body of the Te Puke Domain Reserve by delegation from the Minister of Conservation under the Reserves Act 1977, and grant The Te Puke MenzShed Trust the right to lease up to 5 years, with provision for further rights of renewal, the 154m² building situated on Part Section 50 SO 51580, to allow for the operation of a MenzShed.
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Recommendation from the te puke community board on 29 July 2021
9.3 EXPRESSIONS OF INTEREST SOUGHT FOR A NEW LESSEE OF THE OLD GIRL GUIDES HALL ON TE PUKE DOMAIN
The Board considered a report from the Reserves and Facilities Manager. The report was taken as read.
Councillor Gray supported the Expression of Interest. However, due to the size of the old Girl Guides Hall, she questioned whether The Te Puke MenzShed had a contingency plan if they were to out grow this building.
The Board felt comfortable that the information provided suggested this was not a shared concern.
Remit No. TP21-4.8 EXPRESSIONS OF INTEREST SOUGHT FOR A NEW LESSEE OF THE OLD GIRL GUIDES HALL ON TE PUKE DOMAIN
Moved: Member K Ellis
Seconded: Member D Snell
Recommendation to Council
1. That the Reserves and Facilities Manager’s report dated 15 July 2021 titled ‘Expressions of Interest sought for a new lessee of the old Girl Guides Hall on Te Puke 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 Te Puke Community Board recommends to Council that the Expression of Interest from The Te Puke MenzShed Trust for a new lessee of the old Girl Guides Hall on Te Puke Domain be accepted.
And
That the Te Puke Community Board recommends to Council to exercise the 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 The Te Puke MenzShed Trust the right to lease up to 5 years, with provision for further rights of renewal, the 154m² building situated on Part Section 50 SO 51580 to allow for the operation of a MenzShed.
Background
As of June 2020, Te Puke Girl Guides surrendered the lease they have held since 1982 for a portion of Te Puke Domain of 400m² more or less, classified as Local Purpose (site for Girl Guide hall) Reserve. The surrender was a result of the Te Puke Girl Guide Chapter winding up.
As part of the lease conditions, the building ownership was passed on to Council from the Girl Guides Association New Zealand Incorporated.
Council subsequently directed that staff seek expressions of interest from community groups who may wish to enter into a new lease of the building (Attachment 1). Two advertisements were placed in the Te Puke Times on 26 June 2021 and 1 July 2021 (Attachment 2).
One expression of interest was received from The Te Puke MenzShed Trust by the due date (Attachment 3).
Staff consider that the intended use by the MenzShed will serve a community purpose, which fits well with the Local Purpose Reserves classification.
Leases under Section 61(2A)(a) of the Reserves Act 1977 for Local Purpose Reserves do not require public consultation under the Act.
The MenzShed have outgrown their current site, and Councils’ building at the Domain is a practical site for use by the members, having a storage area beneath the building and room for expansion.
The presence of the MenzShed operations in the park will also provide an increased level of passive surveillance throughout the daytime.
There will be no costs to ratepayers, as the MenzShed will be funding the ongoing maintenance that will be required as a condition of the lease
While the MenzShed cannot accommodate the Girl Guides should they resurrect their Te Puke group, Council staff will endeavour to accommodate their needs on a share basis with another community group within an existing council lease structure such as the Scouts at Jubilee Park.
Staff Comments – Reserve and Facilities Manager
Staff support the recommendation in accordance with the report titled ‘Expressions of Interest sought for a new lessee of the old Girl Guides Hall on Te Puke Domain’, as considered by the Te Puke Community Board on 29 July 2021.
1. Advertisement
24 June and 1 July 2021 ⇩ ![]()
2. Information
Pack ⇩ ![]()
3. Application
for lease of Community Building Te Puke Domain ⇩
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12 August 2021 |
10.2 Tourism Bay of Plenty Statement of Intent 2021/2022 to 2023/2024
File Number: A4257056
Author: David Pearce, Community Manager
Authoriser: John Holyoake, Chief Executive Officer
Executive Summary
The purpose of this report is to receive the Tourism Bay of Plenty Statement of Intent 2021/2022 to 2023/2024.
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1. That the report from the Community Manger dated 12 August 2021 titled ‘Tourism Bay of Plenty Statement of Intent 2021/2022 to 2023/2024’ 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 receives and approves the Tourism Bay of Plenty Statement of Intent 2021/2022 to 2023/2024 report. 4. That Council notes that as joint shareholder of Tourism Bay of Plenty, Tauranga City Council will be asked to approve the Statement of Intent at their 2 August 2021 Council meeting. |
Background
1. Tourism Bay of Plenty (TBOP) is incorporated under the Charitable Trusts Act (1957) and is a not-for-profit entity established to promote and manage the Western Bay of Plenty sub-region, as a visitor and tourist destination. TBOP is a Council Controlled Organisation (CCO) and accountable to Tauranga City Council (TCC), Western Bay of Plenty District Council (WBOPDC) and, by a separate Letter of Intent, with Whakatāne District Council (WDC).This collective region is known as Te Moananui ā Toi | the ‘Coastal Bay of Plenty’.
2. TBOP’s purpose, as described in its Trust Deed, is to promote the economic welfare and development of the Western Bay of Plenty Region, and its citizens, through destination marketing, management and any other activity which impacts on that region as a visitor destination. TBOP is also responsible for providing visitor information services in the region.
3. In accordance with the Local Government Act 2002, TBOP provided their draft Statement of Intent (SOI) to Council by 1 March 2021. Both Council’s, as shareholders, had an opportunity to comment on the draft SOI, by 1 May 2021, before the SOI was finalised by TBOP.
4. Staff are satisfied that TBOP have incorporated Council’s shareholder feedback into the final Statement of Intent document.
5. This annual SOI publicly states the activities and intentions of TBOP for the next three years. It also sets out TBOP’s strategic framework, activities, and performance measures, as the basis of organisational accountability.
6. The SOI identifies:
· Indicative rolling three-year forecast of performance and position, separately identifying any significant intended expenditure;
· Any likely requests for increased levels of funding from Council;
· Key actions or initiatives to deliver on the objectives of TBOP; and
· Upcoming challenges, risks, and opportunities for TBOP.
7. TBOP’s Statement of Intent is attached to this report (Attachment 1).
Significance and Engagement
8. 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 making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.
The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.
9. In terms of the Significance and Engagement Policy this decision is considered to be of low significance because the financial implications associated with the decision are low and community engagement at this point is minimal.
Engagement, Consultation and Communication
10. Under section 8 of the Local Government Act 2002, no consultation is required.
Statutory Compliance
11. The Statement of Intent is one of the CCO’s key governance and planning documents. Engaging with TBOP throughout the development of the annual SOIs is one of the main ways Council can influence TBOP, while ensuring TBOP are aligned with Council’s strategic outcomes.
Funding/Budget Implications
12.
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Budget Funding Information |
Relevant Detail |
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The TBOP budget, including Council’s contributions are included in the Statement of Intent.
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1. Tourism
Bay of Plenty Statement of Intent 2021/2022 to 2023/2024 ⇩
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12 August 2021 |
10.3 2021 Community Matching Fund
File Number: A4257058
Author: David Pearce, Community Manager
Authoriser: John Holyoake, Chief Executive Officer
Executive Summary
The purpose of this report is to inform Council of the decisions made by the Working Party, under delegated authority, as per Council resolution C.21-3.15. The Community Matching Fund Working Party met on 8 July 2021 to consider applications submitted to this contestable fund.
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1. That the Community Manager’s report dated 12 August 2021 titled ‘2021 Community Matching Fund’ 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 2021 Community Matching Fund allocations be received as follows: Environmental Applications
General Applications
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Background
This is the sixth year of Councils contestable Community Matching Fund, with the exception being a hiatus for the 2020 year when funds, because of COVID-19, were diverted to the Community Resilience Fund.
The fund allocates a total of $140,000 per annum, which is divided into two sections: $40,000 for environmental initiatives and $100,000 for general applications, all under the guiding principle of providing public benefit. This was the first year in which all applications were made electronically only, which aligned us with the best practice of other funders.
Applicant groups were asked to ‘match’ any cash grant from Council with an equivalent amount of their own, which could be made up of volunteer hours, cash in hand, donated services and goods, and other similar ‘matching’.
The fund was open from 12 April 2021 to 28 May 2021. A total of 52 applications were received, of which seven were for the environmental fund:
1. Katikati – Waihī Beach Ward – 13 applications;
2. Te Puke – Maketu Ward – 22 applications;
3. Kaimai Ward – 9 applications; and
4. Entire Western Bay District applications – 8 applications.
The total funds requested were $507,111.
Significance and Engagement
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 making this formal assessment, there is no intention to assess the importance of this item to individuals, groups, or agencies within the community, and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.
The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.
In terms of the Significance and Engagement Policy this decision is considered to be of low significance because all decisions result in public benefit.
Engagement, Consultation and Communication
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Interested/Affected Parties |
Completed
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General Public |
Grant availability and application process were advertised in the media and through all Council’s normal communication channels. Application assistance was given to the public through workshops in Katikati, Ōmokoroa, Te Puke and Waihī Beach. Both successful and unsuccessful applicants, through their nominated first contact person, will be advised of the outcomes in writing within two weeks of the decisions. Successful applicants will be phoned. Community Boards will be advised of the outcomes to ensure there is no breach of Councils policy stating that recipients of the Community Matching Fund grants cannot receive a Community Board grant in the same financial year. |
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Completed |
Issues and Options Assessment
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That the Community Manager’s report dated 12 August 2021, titled ‘2021 Community Matching Fund’, be received
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Reasons why no options are available
Council has delegated the Community Matching Fund Working Party the authority to allocate the funds. |
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Costs. |
$140,000 |
Statutory Compliance
The recommendation complies with statutory and Council plan and policy requirements.
Funding/Budget Implications
Type here
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Budget Funding Information |
Relevant Detail |
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Budget provided for in the Long Term Plan and Annual Plan. |
$140,000 for the 2020/2021 year |
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12 August 2021 |
10.4 Resource Management Act 1991 Delegations
File Number: A4289528
Author: Greer Golding, Legal Investigations Advisor
Authoriser: Rachael Davie, Group Manager Policy Planning And Regulatory Services
Executive Summary
1. The purpose of this report is to delegate functions, powers and duties of Council, pursuant to section 34A of the Resource Management Act 1991 (RMA), to the positions (‘Delegates’) specified in Attachment 1, and the specific power to recognise national policy statements under section 55 of the RMA, to the Chief Executive.
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1. That the Legal Investigations Advisor’s report dated 12 August 2021 titled ‘Resource Management Act 1991 Delegations’ 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 34A of the Resource Management Act 1991 and clause 32 of Schedule 7 of the Local Government Act 2002, Council delegates those of its functions, powers and duties under the Resource Management Act 1991 to the positions (‘Delegates’) specified in Attachment 1.
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Background
2. On 29 June 2021, a report went to Council to formally delegate responsibilities, duties and powers to the incoming Chief Executive Officer. This prompted a review of the Resource Management Act 1991 delegations for the entire organisation.
3. Section 34A of the Resource Management Act 1991 prohibits sub-delegation by the Chief Executive Officer of functions, powers and duties under the RMA to other Delegates. Accordingly, this means that all delegations under this Act must be made by resolution of full Council.
4. The delegations included in Attachment 1 reflect the functions, powers and duties that Council staff require, in order to fulfil Council’s obligations under the Resource Management Act, and to continue to provide efficient and effective service to our customers. For example, the ability to enter land for the purpose of compliance, monitoring resource consent conditions, to make decisions around notification of resource consents and to issue the resource consents.
5. Each delegation must be read and interpreted in conjunction with the legislative provision to which it relates.
6. In accordance with section 34A of the RMA, Council has not delegated to any of its employees, hearings commissioners appointed by Council, or other persons:
(a) Its power to approve a proposed policy statement or plan under clause 17 of Schedule 1; nor
(b) Its power to delegate its functions, powers and duties under the RMA.
7. Delegates are not permitted to sub-delegate any of the functions, powers and duties delegated to them by Council under the RMA.
8. The Chief Executive Officer is not authorised to sub-delegate under the Resource Management Act 1991.
9. Authority of a Council employee acting in a delegate’s position:
(a) Where a Council employee is appointed to act in the position of a Delegate, that Council employee shall be deemed to have the delegated authority of the Delegate for the duration that he/she is appointed to act in that position.
(b) This is consistent with section 14 of the Interpretation Act 1999 (Exercise of Powers by Deputies) which specifies that a person lawfully acting in an office may exercise any of the powers conferred on the holder of that office.
10. Authority of a non-Council employee acting in a Delegate’s position:
(a) Where an individual who is not a Council employee is appointed to act in the position of a Delegate (such as a consultant who is seconded to the Council), that individual shall not have delegated authority
(b) However, the individual shall have the authority to do anything before a final decision on such a matter (if those powers have been delegated to the position holder in whose position the individual is acting).
Significance and Engagement
11. 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 making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.
The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.
In terms of the Significance and Engagement Policy this decision is considered to be of low significance because the act of Council delegating the authority to carry out certain actions under Resource Management Act to Delegates is an internal process. Therefore, it has low community interest.
Issues and Options Assessment
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To delegate Western Bay of Plenty District Council’s functions, powers and duties under the RMA to the Delegates detailed in Attachment 1. |
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Reasons why no options are available Section 79 (2) (c) and (3) Local Government Act 2002 |
To enable Delegates to perform their contracted duties and ensure that any action taken by those staff is in accordance with the RMA.
To enable the effective and efficient administration of Council’s legislative obligations under the RMA.
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Statutory Compliance
12. Council is required to specify what parts of the RMA are delegated to which Delegate. The delegations will be assigned to a position/Delegate, not a staff member, and therefore will apply to any future employees that take over that position.
- E.g. Section 332 ‘powers of entry for inspection’ will be delegated to the Compliance Officer.
13. If the position needs additional or fewer delegations, another report to Council will be provided to change the scope of the delegations as per section 34A of the Resource Management Act.
14. If there are delegations that have not been included in this report another report to Council will be provided to change the scope of the delegations as per section 34A of the Resource Management Act.
1. C210812.10.4
- Resource Management Act 1991 Delegations - Council ⇩
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12 August 2021 |
File Number: A4293460
Author: Chris Nepia, Māori Relationships and Engagement Advisor
Authoriser: Rachael Davie, Group Manager Policy Planning And Regulatory Services
Executive Summary
1. At a meeting held at Tia Marae, Rangiuru on 29 July 2021, Elected Members were presented with the Te Arawa ki Tai Kawenata (the Kawenata). This document outlines the relationship that the iwi/hapū/Marae of coastal Te Arawa want to have with Western Bay of Plenty District Council. This report seeks to formalise the resolution made at the 29 July 2021 by adopting the Kawenata in principle.
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1. That the Māori Relationship and Engagement Advisor’s report dated 12 August 2021 titled ‘Te Arawa Kawenata’ 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 resolve to adopt the Te Arawa Kawenata, in principle, as the basis of its relationship with the iwi and hapū of Te Arawa ki Tai as outlined in the Te Arawa Kawenata, collectively known as ‘Te Ihu o te Waka’. 4. That Council staff continue to work with representatives of Te Arawa ki Tai to address any operational issues arising from the Te Arawa Kawenata, including confirming an approach to ensure the correct iwi/hapū/marae delegates are engaged with by Council at the right time and in the right way for the particular kaupapa (matter) at hand. |
Background
2. Following the last meeting of the Tauranga Moana and Te Arawa ki Takutai Partnership Forum held on 29 July 2020, Te Arawa ki Takutai disengaged from the Tauranga Moana and Te Arawa ki Takutai Partnership Forum. Since then they have been working on a means of reframing the relationship they want to have with Council.
A number of workshops were held by the following iwi, hapū and Marae of Te Arawa ki Takutai: Tapuika, Waitaha, Ngati Pikiao, Ngati Rangiwewehi, Ngati Tuheke, Ngati Moko, Ngati Kuri, Ngati Marukukere, Makahae, Tawakepito, Ngati Whakaue, Ngati Makino, Ngati Whakahemo, Te Awhe, Tuhourangi. Collectively they are known as ‘Te Ihu o te Waka’.
The purpose of the workshops were to develop a document that would form the basis of their relationship with Council. The Kawenata (Covenant) (Attachment 1) is that document.
The Kawenata outlines the following main elements –
Principles Guiding principles underpinning the relationship, anchored by the Treaty of Waitangi. This includes integrity, humility, respect, reciprocity, empowerment, sharing, mutual learning and sustained long-term engagement.
Supporting documents The Treaty of Waitangi, He Whakaputanga o te Rangatiratanga o Niu Tireni, Treaty of Waitangi deeds of settlement, and Te Ara Mua.
Membership Te Ihu o te Waka and Western Bay of Plenty District Council represented by His/Her Worship the Mayor and the Ward Councillors for Te Puke Maketu. Members of Te Ihu o te Waka can appoint alternates to attend meetings of Te Ihu o te Waka and Council, however, they are only entitled to vote and be remunerated if the primary representative is absent. The quorum for these meetings shall be seven (7) members – three (3) Elected Members and four (4) marae/iwi/hapū.
Kahui Koeke Te Ihu o te Waka can establish a Kahui Koeke (Council of Elders) as an acknowledgment of the importance of Kaumatua. Up to two members of the Kahui Koeke will have the right to attend meetings of Te Ihu o Te Waka and Council. They will not have voting rights but are entitled to be remunerated for their attendance.
Functions Ensure Council compliance with its legislative obligations to Māori and the principles of the Treaty of Waitangi. Build Council’s understanding about Treaty of Waitangi Settlements, and determine and make recommendations or actions to enhance Māori capacity and capability to contribute to Council’s decision making process.
Issues of substance Te Ihu o te Waka and Council shall determine issues of substance to frame into a work programme for the parties to progress.
Working relationships Official meetings between Te Ihu o te Waka and Council shall be held every quarter. A Chairperson shall be selected from among Te Ihu o te Waka members at the inaugural meeting between Te Ihu o te Waka and Council. Membership for both Te Ihu o te Waka and Council shall be re-affirmed every 3 years.
Training Will be provided to members of Te Ihu o te Waka on Council structures, roles and responsibilities, rules and procedures, effective meetings and dispute resolution.
Funding Te Ihu o te Waka and Council will jointly develop an annual budget for the work that comes out of their work programme. Council will provide resource and support to the meetings of Te Ihu o te Waka and Council.
Dispute resolution Relates to the terms of the Kawenata and where agreement cannot be reached on their interpretation the matter will be referred to a specialist panel.
At the meeting held at Tia Marae, Rangiuru on 29 July 2021, Te Ihu o te Waka presented the Kawenata to the Mayor and Councillors and stepped them through these matters.
It is important to note that the Kawenata does not preclude individual hapū, iwi or Marae of Te Ihu o te Waka working with Council on projects that are specific to those hapū, iwi or Marae outside the provisions of the Kawenata. The Kawenata is intended to reflect the relationship between Council and the collective hapū and iwi of Te Ihu o te Waka. For example, Council has worked with individual Marae to upgrade their onsite wastewater treatment systems. This was achieved by Council staff working directly with the respective Marae committees.
Operating the Kawenata will be funded by existing budgets approved in the Long Term Plan (LTP) as they relate to Māori governance arrangements. In the past this funding has supported the meeting fees paid to members of Te Kōmiti Māori and the Partnership Forums. In the past three financial years Council has never exhausted the budget provided for supporting Māori governance arrangements. In those three years the following amounts have been spent from an annual budget of $75.000:
2018/2019 - $34,218.54
2019/2020 - $15,822.59
2020/2021 - $17,826.91
It should be noted that, over the last two financial years, we did not have a fully operational Partnership Forum, however these amounts include payments for both Tauranga Moana and Te Arawa governance representatives. It is for this reason that it is not envisaged that there will be an issue supporting the operation of the Kawenata, as the Māori governance membership of both Te Ihu o te Waka and that being progressed with Tauranga Moana is largely unchanged.
While the Kawenata provides for Te Ihu o te Waka and Council to agree an annual budget for the work programme developed under the Kawenata, any such budget would need to align with Long Term Plan/Annual Plan processes. It is anticipated that the development of a work programme and specific budget implications would be considered and debated by Council through the 2022/23 Annual Plan process. Until that time, Council staff will endeavour to progress specific kaupapa through approved LTP budgets.
3. The members of Te Ihu o te Waka were seeking the support of the Mayor and Councillors for the Kawenata, noting that the document represented the mana of the members of Te Ihu o te Waka. By way of unanimous agreement among members of Te Ihu o te Waka and Council’s Elected Members present at the hui, the Kawenata was accepted in principle.
This report seeks to confirm the action that was taken at Tia Marae by way of a formal resolution of Council.
STATUTORY CONTEXT
4. Section 81 of the Local Government Act states:
(1) A local authority must:
(a) Establish and maintain processes to provide opportunities for Māori to contribute to decision-making of the local authority; and
(b) Consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority; and
(c) Provide relevant information to Māori for the purposes of paragraphs (a) and (b).
5. The Kawenata is considered a solid foundation upon which to progress Council’s legislative obligations under section 81 of the Local Government Act.
Significance and Engagement
6. 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 making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.
The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.
7. For the purposes of Council’s Significance and Engagement Policy a decision to adopt the Kawenata in principle is considered to be of low significance because the decision does not relate to a significant alteration to a level of service or a transfer of ownership or control of a strategic asset. In addition this decision relates to a part of our community – being members of Te Ihu o te Waka and the Kawenata carries the mana of those members.
This in no way diminishes the Kawenata itself or its significance in resetting the relationship between Te Ihu o te Waka and Council. Having first presented the Kawenata at Tia Marae, named for the eponymous ancestor of iwi and hapū of Te Ihu o te Waka, it shows the mana contained within the document and its importance for the relationship between the parties that it covers.
Engagement, Consultation and Communication
8. There has been no Council consultation as the presentation of the Kawenata has been lead by Te Ihu o te Waka.
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Interested/Affected Parties |
Completed/Planned |
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Name of interested parties/groups |
Te Ihu o te Waka have developed a Kawenata relationship document outlining the relationship they wish to have with Council. |
Completed |
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Tangata Whenua |
See above. |
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General Public |
The Kawenata is a relationship document between Te Ihu o te Waka and Council. It has not been communicated or consulted on with the general public. |
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Issues and Options Assessment
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Option A That Council resolve to adopt the Te Arawa Kawenata in principle as the basis of its relationship with the iwi and hapū of Te Arawa ki Tai as outlined in the Te Arawa Kawenata.
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Assessment of advantages and disadvantages including impact on each of the four well-beings
· Economic · Social · Cultural · Environmental |
While adopting the Kawenata in principle does not itself impact on each of the four well-beings, the work that is intended to fall out of it, in seeking better outcomes for members of Te Ihu o te Waka, will fit within these four well-beings. Where a Council resolution is needed for that work, it will be assessed against these well -beings. Formally adopting the Kawenata in accordance with this resolution will provide a reset of the relationship that Council has with Te Ihu o te Waka. With important work being undertaken in our district, particularly in the Te Arawa rohe (tribal area) it is important that the relationship with members of Te Ihu o te Waka is strong. |
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Costs (including present and future costs, direct, indirect and contingent costs). |
There has always been an annual budget to support Māori committee arrangements. Currently that annual budget is $75,000. Of that amount, the following has been spent in the previous financial years (noting that this spend includes resourcing of iwi and hapū of Tauranga Moana who are not covered by the Kawenata): 2018/2019 - $34,218.54 2019/2020 - $15,822.59 2020/2021 - $17,826.91 The annual budget of $75,000 is provided as an ongoing budget in Council’s Long Term Plan. |
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Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above). |
Staff Resources: the Kawenata outlines that Council will provide administrative support as well as technical support. |
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Option B Council does not adopt the Kawenata in principle |
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Assessment of advantages and disadvantages including impact on each of the four well-beings · Economic · Social · Cultural · Environmental |
There are no advantages of Council not agreeing to adopt the Kawenata in principle. As a document, the Kawenata represents the significance that Te Ihu o te Waka places on its relationship with Council. If Council resolves not to adopt the Kawenata in principle, it would represent a complete departure from the decision made at the hui at Tia Marae on 29 July 2021 and will cause significant harm to the relationship with Te Ihu o te Waka. |
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Costs (including present and future costs, direct, indirect and contingent costs). |
The budget referred to in Option A is provided for regardless of whether Council formally resolves not to adopt the Kawenata. |
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Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above). |
Staff resources will likely be engaged to resolve the relationship implications if this is the option Council chooses to pursue. |
Statutory Compliance
9. The recommendations made in this report meet Council’s relative statutory obligations, particularly as they relate to Māori.
Funding/Budget Implications
10. The funding and budget implications are outlined in both Option A and Option B
1. Te
Arawa Kawenata ⇩
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12 August 2021 |
10.6 Chief Executive Officer's Extrordinary Report
File Number: A4301101
Author: Charlene Page, Executive Assistant Mayor/CEO
Authoriser: John Holyoake, Chief Executive Officer
Executive Summary
To provide information on the Chief Executive Officer’s meetings as attended on behalf of Council including those attended with His Worship the Mayor.
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That the Executive Assistant Mayor/CEO’s report dated 12 August 2021 titled ‘Chief Executive Officer’s Extraordinary Report’ be received. |
Booked engagements and meetings attended by Chief Executive Officer, Miriam Taris, with His Worship the Mayor.
10/11 June 2021 Rural and Provincial Meeting – Wellington;
11 June 2021 Three Waters update - Mayors, Chairs and Chief Executives Zoom;
17 June 2021 Sub Regional Housing Action Plan Meeting (TCC/WBOPDC/BOPRC);
18 June 2021 Bay of Plenty Mayoral Forum - Taupō District Council;
22 June 2021 SmartGrowth Leadership Group Meeting;
22 June 2021 Katikati/Waihī Beach Ward Forum;
24 June 2021 Three Waters update - Mayors, Chairs and Chief Executives Zoom;
25 June 2021 Civil Defence Emergency Management Group;
01 July 2021 Kaimai Ward Forum;
05 July 2021 Maketu/Te Puke Ward Forum;
12 July 2021 CEO Farewell; and
15/16 July 2021 LGNZ Blenheim Conference to introduce CEO John Holyoake.
Booked engagements and meetings attended by Chief Executive Officer, Miriam Taris.
08 June 2021 Chief Executives Advisory Group Meeting;
15 June 2021 Live call with Waka Kotahi Chief Executive - 2021 Moving Together;
21 June 2021 Chief Executives Forum – Wellington;
22 June 2021 Workshop on reform support package – Zoom;
23 June 2021 Bay of Plenty Westpac Economic Update – Tauranga;
28 June 2021 Three Waters Steering Group – Zoom;
01 July 2021 Western Bay Leaders Event;
05 July 2021 RM system reform: Fifth Local Government Forum; and
13 July 2021 Chief Executives Advisory Group Meeting.
The following topics were discussed at the Community Board Chairpersons meetings with the Chief Executive officer between 17 May – 28 July 2021.
1. Chairperson Ross Goudie – Waihī Beach Community Board
- Orokawa Scenic Reserve – Dog Signage;
- Cycleways around Waihī Beach Ward;
- Waihī Beach Historical Trail Information Project;
- Emergency Management;
- COVID-19 Vaccinations;
- Welcome to Waihī Beach Entranceway Project;
- Wilson Road Ground Plants and Tree Pruning;
- Signs at Athenree Corner;
- Trig Lookout Walkway Loop Track;
- Two Mile Creek;
- Waihī Beach Library Upgrade Site Selection;
- District Plan and Village Update for the next 20 Years;
- Resource Management System Reform; and
- Waihī Beach Community Centre Update.
2. Chairperson Teresa Sage – Ōmokoroa Community Board
- Proposed Vodafone Light Post Cell Tower;
- Ōmokoroa MenzShed;
- Roadworks;
- Speed Signs;
- Western Avenue;
- Ōmokoroa Domain Playground;
- Community Resilience Advisor (Ben Wilson);
- Matthew Farrell;
- Local Government New Zealand (LGNZ) Conference Report;
- Ōmokoroa Bridges;
- Skate Park;
- New Bins (Kerbside Collection); and
- Ōmokoroa Seating.
3. Chairperson Ben Warren – Katikati Community Board
- Katikati Town Centre and Katikati Community Plans;
- Waka Kotahi (NZTA) Open Days;
- Councillor Election Allan Sole;
- Presentation to Council Long Term Plan (LTP) Committee;
- Council Long Term Plan (LTP) decision;
- C.E Miller Fund;
- Local Community Board Roading Budget;
- School Zone;
- Avocado Festival Events Management;
- Three Waters Reform – Community Conversation;
- Park Road Walkway; and
- Public Toilets at Moore Park.
4. Chairperson Shane Beech – Maketu Community Board
- Maketu Cycleway Official Opening Ceremony – Stage 1;
- Williams Crescent Kerb and Channelling;
- 83 Ford Road – ‘Have Your Say’ Day;
- Kaituna Groyne;
- Long Term Plan (LTP);
- Refurbishment of the Maketu Community Building;
- Water Fountain Installation;
- Matariki Ball; and
- Community Hub.
5. Chairperson Richard Crawford – Te Puke Community Board
- Youth Issues;
- Lunches in Schools Programme;
- CoLab;
- EPiC Te Puke;
- Girl Guide Building;
- Town Project;
- Town Flags;
- Mosaic Artwork Outside the Library and Memorial Hall;
- Te Ara Kahikatea Pathway (TAKP) Group;
- Local Business Awards; and
- Matariki Festival.
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12 August 2021 |
10.7 Mayor's Report to Council - 12 August 2021
File Number: A4298542
Author: Charlene Page, Executive Assistant Mayor/CEO
Authoriser: Garry Webber, Mayor
Executive Summary
The purpose of this report is for the Mayor to provide (verbal) updates to Council on the below subjects.
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That the Executive Assistant – Mayor/CEO’s report dated 12 August 2021 titled ‘Mayor’s Report to Council – 12 August 2021’ be received |
Background
1. Three Waters; and
2. SmartGrowth.
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12 August 2021 |
12 Resolution to Exclude the Public