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Council

Te Kaunihera

 

CL23-15

Tuesday, 3 October 2023, 9.30am

Council Chambers, 1484 Cameron Road, Tauranga

 

 

 

 


Council Meeting Agenda

3 October 2023

 

Council

 

Membership:

Chairperson

Mayor James Denyer

Deputy Chairperson

Deputy Mayor John Scrimgeour

Members

Cr Tracey Coxhead

Cr Richard Crawford

Cr Grant Dally
Cr Murray Grainger

Cr Anne Henry

Cr Rodney Joyce

Cr Margaret Murray-Benge

Cr Allan Sole

Cr Don Thwaites

Cr Andy Wichers

Quorum

Six (6)

Frequency

Six weekly

 

Role:

The Council is responsible for:

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

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

Power to Act:

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

·                  The power to make a rate;

·                  The power to make a bylaw;

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

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

·                  The power to appoint a chief executive;

·                  The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long Term Plan or developed for the purpose of the Local Governance Statement;

·                  The power to adopt a remuneration and employment policy;

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

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

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

·                  The power to appoint and discharge members of committees;

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

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

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

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

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

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

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

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

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

·                  To approve the triennial agreement.

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

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

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

 

 

 

 

 

Procedural matters:

Approval of elected member training/conference attendance.

Mayor’s Delegation:

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

Power to sub-delegate:

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

 


Council Meeting Agenda

3 October 2023

 

Notice is hereby given that a Meeting of Council will be held in the Council Chambers, 1484 Cameron Road, Tauranga on:
Tuesday, 3 October 2023 at 9.30am

 

Order Of Business

1          Karakia.. 7

2         Present. 7

3         In Attendance. 7

4         Apologies. 7

5         Consideration of Late Items. 7

6         Declarations of Interest. 7

7         Public Excluded Items. 7

8         Public Forum... 7

9         Council and Committee Minutes for Confirmation.. 8

9.1             Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023.. 8

9.2            Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023.. 29

9.3           Minutes of the Strategy and Policy Committee Meeting held on 17 August 2023.. 39

9.4           Minutes of the Council Meeting held on 17 August 2023.. 45

9.5           Minutes of the Council Meeting held on 30 August 2023.. 51

10       Reports. 79

10.1           Draft Speed Management Plan.. 79

10.2          Formal Declaration of Neena Chauhan for Appointment to the Te Puke Community Board. 119

10.3          Te Puke War Memorial Hall Lease 2021-2051 122

10.4          Petition Calling for a Citizens Initiated Referenda on State Highway Maintenance.. 127

10.5          Community Committee - Change to Terms of Reference.. 134

10.6          Mayor's Report to Council 140

11        Information for Receipt. 143

12        Resolution to Exclude the Public. 143

12.1           Confidential Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023.. 143

12.2          Confidential Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023.. 143

12.3          Confidential Minutes of the Council Meeting held on 30 August 2023.. 144

12.4          Mayor's Recommendatory Report. 144

 

 


1                Karakia

Whakatau mai te wairua Whakawātea mai te hinengaro Whakarite mai te tinana

Kia ea ai ngā mahi

 

Āe

Settle the spirit

Clear the mind

Prepare the body

To achieve what needs to be achieved.

Yes

 

2               Present

3               In Attendance

4              Apologies

5               Consideration of Late Items

6               Declarations of Interest

7               Public Excluded Items

8               Public Forum


Council Meeting Agenda

3 October 2023

 

9               Council and Committee Minutes for Confirmation

9.1            Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023

File Number:             A5738037

Author:                        Horowai Wi Repa, Governance Systems Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Recommendation

That the Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

 

Attachments

1.         Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023 

  


Project and Monitoring Meeting Minutes

8 August 2023

unconfirmed

 

MINUTES OF Western Bay of Plenty District Council
Project and Monitoring Meeting No. PMC23-3
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Tuesday, 8 August 2023 AT 9.30am

 

1                Karakia

Whakatau mai te wairua Whakawātea mai te hinengaro Whakarite mai te tinana

Kia ea ai ngā mahi

 

Āe

Settle the spirit

Clear the mind

Prepare the body

To achieve what needs to be achieved.

Yes

 

2               Present

Cr D Thwaites (Chairperson), Cr T Coxhead, Cr G Dally,  Mayor J Denyer, Cr M Grainger,     Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Deputy Mayor J Scrimgeour and Cr A Wichers.

via zoom

Cr A Sole

3               In Attendance

J Holyoake (Chief Executive Officer), G Allis (General Manager Infrastructure Group),            C Crow (General Manager Infrastructure Services), R Davie (Deputy CEO/General Manager Strategy and Community), A Ali (Chief Financial Officer), K Little (Operations Manager), G Golding (Governance Manager), EJ Wentzel (Utilities Operations Manager),  S Elvin (Project Manager), C McLean (Senior Transportation Engineer), S Prendergast (Roading Engineer – East), C Watt (Development Project Facilitator), J Abraham (Infrastructure Engineer, Stormwater), R Spicer (Capital Projects Team Leader ), J Edgecombe (Team Leader Libraries Western), H Wi Repa (Governance Systems Advisor), R Leahy (Governance Advisor) and C Irvin (Senior Governance Advisor).

community boards

R Goudie (Chairperson, Waihī Beach Community Board)

 

via zoom

A Henderson (General Manager Corporate Services), T Miller (Strategic Advisor Resource Management), G Benn (Research and Monitoring Analyst), C Steiner (Senior Policy Analyst).

others in attendance

One member of the press.

Guest presenters as noted in the minute items.

4              Apologies

Apology

Resolution  PMC23-3.1

Moved:           Cr R Joyce

Seconded:     Cr M Murray-Benge

That the apology for lateness for Cr Scrimgeour and absence from Cr Crawford be accepted.

Carried

5               Consideration of Late Items

Nil

6               Declarations of Interest

Nil

7               Public Excluded Items

Nil

8               Public Forum

Mr John Lewis and Mr Rick Hannah – Te Puke Sports Club – Proposal - Atuaroa Avenue – Parking

The speakers Tabled Item 1: ‘Building Communities’ and  Letter from Bay of Plenty Rugby Union and spoke to these items.

 

9:36am    Deputy Mayor Scrimgeour entered the meeting.

 

·        This was a proposal to address the significant lack of parking on Atuaroa Avenue, which was rapidly becoming Te Puke’s sporting zone.

·        Due to the increase in supporters and spectators, vehicle parking had become inadequate.  There were also maintenance and repairs required for health and safety reasons. The impact of this was congestion at events, and haphazard/potentially dangerous parking.

·        A site meeting had been held on 1 June 2023 where Te Puke and Maketu Elected Members attended and viable solutions had been discussed. 

·        The Te Puke Sports Club requested that Council consider extending Atuaroa Avenue parking facilities to support the expansion of sporting activities in Te Puke and enable higher level sporting events to take place there.

 

The General Manager Infrastructure made the following comments:

 

·        This presentation highlighted a shortage of parking in sports club areas not only in Te Puke but in other sports club areas around the district. 

·        Council would need to obtain some indicative costings but also look at some alternative parking areas/options for Long Term Plan consideration.

 

9               Presentations

9.1            Department of Conservation - Kauri Dieback Disease Update

The Committee considered a report dated 8 August 2023 from the Executive Assistant Infrastructure Group.

Roanna Sutherland (Technical Advisor Plant Pathogens, Department of Conservation) spoke to a PowerPoint presentation summarising the following points:

Kauri Dieback Disease:

·       About Phytophthora Agathidicida (PA);

·        History of PA;

·        Lifecycle of PA;

·        How PA impacts Kauri symptoms;

·        Importance of Kauri;

·        National Pest Management Plan for PA;

·        There are ten rules in the NPMP;

·        Principles of hygiene; and

·        Reference List.

Emma Woods (Reserves and Facilities Officer West) and Josh Scarrow (Biosecurity Team, Bay of Plenty Regional Council) spoke to the following PowerPoint Presentation:

·        Before PA was detected at Wharawhara Road;

·        Who we are working with;

·        What we are doing;

·        Testing; and

·        Next Steps.

The presenters responded to questions as follows:

·          Virus spores could travel about a metre and move through water a long way (down streams for example) and could be transferred from shoes.

·          A ‘Gold Standard’ for Kauri protection would be fencing around the trees and mulching around the base. It was important to find a balance between best options (pure Kauri protection) and maintaining reserve space. 

Resolution  PMC23-3.2

Moved:           Cr A Sole

Seconded:     Cr A Henry

1.             That the Executive Assistant Infrastructure Group’s report, dated 8 August 2023, titled ‘Department of Conservation - Kauri Dieback Disease Update’ be received.

Carried

10             Reports

10.1          Proposal to Lease - Waihī Beach Lifeguard Services Incorporated -  Bowentown Seaforth Road South Reserve

The Committee considered a report dated 8 August 2023 from the Reserves and Facilities Manager who took the report as read.

 

Ms Donna Pfefferle and Mr Craig McQuiod (both of Waihi Beach Lifeguard Services) spoke to PowerPoint presentation as follows:

 

Waihi Beach Lifesaving Services:

·        Last two summers statistics;

·        2021/2022;

·        North End Club House;

·        Services provided – control three sites;

·        Three flagged patrols and one water patrol;

·        Search and Rescue Squad;

·        Highly trained search and rescue squad;

·        Training – Surf Sport – Leadership;

·        Improving delivery of services;

·        Bowentown 9.6 from north end club house;

·        Build hub – lifeguards access to flagged patrol;

·        Water based roaming patrols;

·        Purpose;

·        Involving the community in the vision;

·        Craig McDonald Project Manager:

·        Location on map;

·        Building design – floor plan – proposed hub;

·        Logistics;

·        Proposed lifeguard and emergency services hub; and

·        Helping to build in resilience in the community.

 

The presenters responded to questions as follows:

·          The Waihī Beach Lifeguard Services team had met with the BMX community regarding their track, who wanted to modernise it. They discussed that the track could be refigured and the cost of this could be built into this budget. 

Resolution  PMC23-3.3

Moved:          Cr A Sole

Seconded:    Cr R Joyce

1.             That the Reserves and Facilities Manager’s report dated 6 June 2023 and titled ‘Proposal to Lease - Waihī Beach Lifeguard Services Incorporated -  Bowentown Seaforth Road South Reserve’ 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 approves in principle to entering a lease with WBLGSI for an area of reserve up to approximately 600m² being part of Lot 1 DPS 75873 for a 20 year term with one 15 year right of renewal.

4.           If approval in principle is given, Council approved Option 1 for siting of the building.  This approval must not be construed by the applicant, as a guarantee that all other consents required by any policy, by-law, regulation, or statute, will be forthcoming.  The applicant is responsible for obtaining all required consents at its own cost.

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

 

 

10:50am  The meeting adjourned

11:03am    The meeting reconvened

 

10.2           change to order of business

The Chairperson requested that the order of report business be changed as follows to allow presenters to be released from the meeting:

 

10.3            Waihī Beach Stormwater

10.4            Waihī Beach Library & Community Hub Revised Concept Plan

10.5            Te Puke Wastewater Treatment Plant Progress Report

10.6:            Resolution to Exclude the Public:

                   Confidential:   12.1: Waka Kotahi (NZTA) Update on Western Bay Projects

10.7             Proposal to Extend Lease Area – Katikati rugby and sports Incorporated –

                   Moore Park

10.8            Te Puna Station Road Proposal to Open One Lane

10.9             No. 4 Road Bridge Reinstatement

10.10            No. 1 Road Rehabilitation and Widening Programme

10.11             Operational risk and Scorecard Report quarterly Update Ending June 2023.

Resolution  PMC23-3.4

Moved:          Cr A Henry

Seconded:    Cr A Wichers

That, in accordance with standing orders, the order of report business be changed to the following order to allow presenters to be released from the meeting:

10.3        Waihī Beach Stormwater

10.4        Waihī Beach Library & Community Hub Revised Concept Plan

10.5        Te Puke Wastewater Treatment Plant Progress Report

10.6:        Resolution to Exclude the Public:

               Confidential:   12.1: Waka Kotahi (NZTA) Update on Western Bay Projects

10.7       Proposal to Extend Lease Area – Katikati rugby and sports Incorporated – Moore

              Park

10.8       Te Puna Station Road Proposal to Open One Lane

10.9       No. 4 Road Bridge Reinstatement

10.10     No. 1 Road Rehabilitation and Widening Programme

10.11       Operational risk and Scorecard Report quarterly Update Ending June 2023

 

Carried

 

10.3         Waihī Beach Stormwater

The Committee considered a report dated 8 August 2023 from the Asset and Capital Manager who took the report as read.

Ross Goudie (Chairperson – Waihī Beach Community Board) and Rob and Sue Hope (SWAT: Storm Water Action Team - Waihī Beach) were in attendance to speak to this item.  They Tabled Item 1: ‘Addendum – Jenkinson Street Lane’ and provided the following comments:

 

·        SWAT was pleased to be involved in the Stormwater Laison Group and was working towards the immediate upgrade of the stormwater system.

·        It was felt that some of the projects rated as three (not immediate) could be done straight away. 

·        Was Council going to address the issue of consents for hard (paving and driveways) areas?  It was felt this had a major impact on Waihī Beach in terms of flooding/stormwater.

·        The people living in Jenkinson Street Lane were very concerned about their future in terms of personal safety and property damage, and the effect of drains on the Pensioner Flats.

·        The entrance to the dam storeway was full of vegetation, majorly affecting the effectiveness of the spillway.  This needed to be maintained regularly.

·        There was an element of understanding amongst residents around the nature of the land at Waihī Beach regarding flooding, however, there was still a lot of discontent.

·                   

The Waihī Beach Chairperson spoke to Tabled Item 1, and thanked Council stormwater staff for all their hard work and dedication so far in supporting and finding solutions for the Waihī Beach community.

 

PowerPoint Presentation from Staff: Waihī Beach Stormwater

The Infrastructure Engineer, Stormwater spoke to a Waihī Beach Stormwater PowerPoint presentation summarising the following points:

·        Waihī Beach Stormwater History;

·        The Waihī Beach Challenge;

·        Two Mile Creek;

·        One Mile Creek;

·        Browns Drive;

·        Wallnutt Avenue;

·        Darley Drain;

·        Leo Street;

·        Marine Avenue;

·        Brighton Avenue;

·        Palm Grove;

·        Hillview Road;

·        Citrus Avenue – Didsbury Drive;

·        Progress since 29 May event ;

·        Flood extents;

·        What are we doing differently;

·        Stormwater liaison group;

·        Project list;

·        Projects complexity scale 2;

·        Projects complexity scale 3; and

·        Feedback on liaison group.

 

Staff responded to questions as follows:

·        Private land holders with holding ponds had to have a maintenance program as required by their resource consent.  However, the rainfall event was larger than what was specified in these comprehensive consents.

·        In terms of levels of comfort within the Waihī Beach community, it was about looking at what levels of flooding risk could be reduced/mitigated and what infrastructure upgrades could be implemented. 

·        It was important to acknowledge that even with the above interventions, there would still be parts of Waihī Beach that would flood, as well as some residual risks, after work was completed. 

·        Part of the original scope of the Waihī Beach earth dam was an upgrade as it was considered a high risk dam, in particular regarding the properties near the camp ground.  One of the conditions of it being a high risk dam was that it had to be able to cope with a one in one hundred year event.

 

11:50am   Cr Sole withdrew from the meeting via zoom

The Capital Projects Team Leader spoke to the remainder of the PowerPoint presentation regarding Two Mile Creek summarising the following points:

·        Two Mile Creek extension;

·        Two Mile Creek extension Stage 1;

·        Two Mile Creek Extension Stage 2; and

·        And Indicative timeline.

 

12:10pm   Cr Sole re-joined the meeting via zoom

 

The General Manager Infrastructure made the following comments:

·        There would be no impact on the 2023/2024 rates, but debt levels would increase.

·        Through the next phase of work there may be some future operations that would come through the Long Term Plan process around costings for each individual project and timing. 

·        It had been agreed with the Department of Internal Affairs that this increased debt would be transferred to the water services entity.   The current expenditure profile was what was showing to be transferred in terms of debt. 

Resolution  PMC23-3.5

Moved:           Cr M Murray-Benge

Seconded:     Cr A Henry

1.             That the Asset and Capital Manager’s report dated 8 August 2023 titled ‘Waihī Beach Stormwater’ 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 it be noted that projects with a project complexity scale of 1 are a mixture of minor capital, operational and investigation and that these will be progressed over the 2023/24 year. 

4.           That for Complexity Scale 2 the Committee approves progressing as priority projects the initial design of all large capital works set out in the table below:

 

No

Project Name

Initial Design Cost

(2023/24 FY)

Catchment

Estimated to complete design and consenting

1

One Mile Creek Flow Improvements

$50,000

1-Mile Creek

3 Yrs

7

Earth Dam - Capital Improvements

$150,000

1-Mile Creek

3 Yrs

5

Attenuation in Upper Catchment of One Mile Creek

$20,000

1-Mile Creek

3 Yrs

21

Darley Drain Outlet Improvements - Retaining Wall Renewal

$30,000

Darley Drain

2 Yrs

 

32

25 Wilson Road Improvements

$10,000

Two Mile Creek

1 Yr

 

36

The Crescent Rd Runoff Management

$30,000

Two Mile Creek

1 Yr

46

Ōtawhiwhi Drain

$50,000

Ōtawhiwhi/

Bowentown /Pio Shores

3 Yrs

54

On Call Pumps with Dedicated Wet Wells to Protect Properties from Flooding

$10,000

Ōtawhiwhi/

Bowentown /Pio Shores

1 Yr

50

Raising Gully Traps in Flood Zone

$30,000

All Catchments

2 Yrs
(completion)

 

5.           That for Complexity Scale 3 Projects the Committee approves progressing as priority projects  the high-level concept design and prioritisation as set out in the table below, noting that this will be undertaken with the Liaison Group.

No

Project Name

Catchment

5

Attenuation in Upper Catchment of One Mile Creek

One Mile Creek

15

Improved Overland Flow Jenkinson Street

Darley Drain

16

Investigate Additional Attenuation Locations - Darley Drain

Darley Drain

17

Right angle in Walnut Ave/Marine Ave Pipe

Darley Drain

22

Upper Catchment Attenuation - Darley Drain

Darley Drain

23

Maranui Catchment Re-Diversion

Darley Drain

24

New Pipe - Walnut Ave

Darley Drain

25

Darley Drain Outlet Improvements - Second Outlet

Darley Drain

26

Pump Station at Walnut Ave

Darley Drain

29

Pipe Beach Road to Marine Ave Boardwalk Drain

Darley Drain

29a

Investigate the Use of Beach/Marine Ave Council Reserve for Stormwater Relief

Darley Drain

35

Improvement of Flowpath through Coronation Park

Two Mile Creek

37

Two Mile Creek Upper Catchment Attenuation

Two Mile Creek

38

Otto Road SW PS/Reticulation

Two Mile Creek

62

Shaw Road Pump

Two Mile Creek

69

Pipe Didsbury Street Drain, Edwards St Pump

Three Mile Creek

 

6.       That it be noted that the cost of progressing as a priority the Complexity Scale 2 and 3 projects as set out in the tables will be funded by bringing forward funding from within the Long Term Plan

7.       That the extension to the Two Mile Creek bank protection works upstream to           the Te Mata block be approved subject to landowner sign off and an approved resource consent variation at an approximate cost of $1,000,000 funded from the existing Two Mile Creek Budget.

Carried

 

10.4         Waihī Beach Library & Community Hub Revised Concept Plan

The Committee considered a report dated 8 August 2023 from the Project Manager who took the report as read and spoke to a PowerPoint presentation summarising the  main points as follows:

 

·        Modern Libraries;

·        Project Background;

·        Initial concept design;

·        Revised concept design;

·        Summary of changes;

·        Analysis of QS report; and

·        Funding and the Long Term Plan.

 

The Waihī Beach Community Board Chairperson responded to a question as follows:

·        Waihī Beach definitely needed more community spaces and would like to see Council proceed with the revised Library & Community Hub concept plan, and be kept in the loop regarding progress.  

Resolution  PMC23-3.6

Moved:          Cr A Henry

Seconded:    Mayor J Denyer

1.              That the Project Manager’s report dated 8 August 2023 titled ‘Waihī Beach Library and Community Hub Revised Concept Plan’ 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 Projects and Monitoring Committee approve the Waihī Beach Library & Community Hub Revised Concept Plan and agree to proceed with the full design.

Carried

 

12:50pm        The meeting adjourned

12:50pm        Cr Henry withdrew from the meeting 

1:15pm           The meeting reconvened

10.5         Te Puke Wastewater Treatment Plant Progress Report

The Committee considered a report dated 8 August 2023 from the Water Services Director who took the report as read and spoke to a PowerPoint presentation summarising the following:

 

·        Te Puke Wastewater Treatment Plant Progress – Current Design; and

·        Te Puke Wastewater Treatment Plant Progress – Timing of Works.

 

The Water Services Director responded to questions as follows:

·        Bay of Plenty Regional Council deadline conditions needed to be met circa mid 2025. However, further considerations/other arrangements may have to be sought as it was thought these deadlines would not be able to be met.

·        The project was expected to be completed June 2026.

Resolution  PMC23-3.7

Moved:           Mayor J Denyer

Seconded:     Cr D Thwaites

1.             That the Water Services Director’s report dated 8 August 2023, titled ‘Te Puke Wastewater Treatment Plant Progress Report’, be received.

2.           That Council endorses the establishment of a governance and steering group for management of the Te Puke Wastewater Treatment Plant Upgrade.

         And

3.           That Deputy Mayor John Scrimgeour and Councillor Andy Wichers be appointed on the Te Puke Wastewater Treatment Plant upgrade governance group.

         And

4.           That Councillors Grant Dally and Richard Crawford be appointed on the Te Puke Wastewater Steering Group.

Carried

 

10.6          resolution to exclude the public

Resolution  PMC23-3.8

Moved:           Cr M Murray-Benge

Seconded:     Cr R Joyce

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Waka Kotahi (NZTA) Update on Western Bay Projects Presentation

s7(2)(c)(ii) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

 

 

 

 

 

Carried

 

1:30pM          The meeting moved into public excluded session.

1:55pm          the meeting resumed in open session

10.7         Proposal to extend lease area - Katikati Rugby and Sports Incorporated -  Moore Park

The Committee considered a report dated 8 August 2023 from the Reserves and Facilities Manager.  The report was taken as read.

Resolution  PMC23-3.9

Moved:           Cr R Joyce

Seconded:     Cr A Sole

1.             That the Reserves and Facilities Manager’s report dated 8 August 2023 and titled Proposal to extend lease area - Katikati Rugby and Sports Incorporated -  Moore Park’ 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 approves in principle to extending the lease area over Section 6 SO 453028, being part of Moore Park, by approximately 24m².

4.           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 its 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

 

10.8         Te Puna Station Road Proposal to Open One Lane

The Committee considered a report dated 8 August 2023 from the Senior Transportation Engineer who took the report as read and spoke to a PowerPoint presentation summarising the main points as follows:

 

·        Clarke Road residents concerns;

·        Slip site – current status;

·        One way, on-lane, temporary traffic management layout (1 of 2); and

·        Proposal to open one lane to one-way eastbound traffic.

 

The General Manager Infrastructure responded to questions as follows:

·        Initially, the full impact on Clarke Road with the closure of Te Puna Station Road was underestimated. 

·        There was still a possibility to do consultation but it was a question of how broadly this was needed.  It could be implemented over the next two to three weeks.

·        Te Puna Station Road was not a priority due to limited engineering resources at this time, where other site repairs had to take priority.

·        Reopening to one lane was possible but not to two lanes as there was a significant cost that went with this.

·        It could be possible to do two lanes using the Governments storm damage funding, however it was uncertain as to whether it would meet the requirements for funding under emergency works.   If it didn’t meet the requirements and there was no business case for it, it would have to be 100% Council funded.

·        Staff needed to go through the options assessments which included discussion with Waka Kotahi.                                           

 

The General Manager Regulatory Services responded to questions as follows:

·        There was an opportunity through most resource consents to carry out a review of conditions. 

·        JMC Civil Construction Limited (who could not currently use Te Puna Station Road or Clarke Road) had been approached by Council to do a review of their resource consent conditions.

Resolution  PMC23-3.10

Moved:           Mayor J Denyer

Seconded:    Cr D Thwaites

1.             That the Senior Transportation Engineer’s report dated 8 August 2023 titled ‘Te Puna Station Road Proposal to Open One Lane’ 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 staff consult with the Te Puna community and wider district on the proposal to reopen Te Puna Station Road on a temporary basis, one way, to east bound traffic.

 Carried

 

10.9         No.4 Road Bridge Reinstatement

The Committee considered a report dated 8 August 2023 from the Senior Transportation Engineer who took the report as read and spoke to a PowerPoint presentation summarising the main points as follows:

 

·        Former bridge storm damage;

·        Temporary Bailey Bridge; and

·        Options 1 – 4.

Resolution  PMC23-3.11

Moved:           Cr A Wichers

Seconded:    Cr M Grainger

1.             That the Senior Transportation Engineer’s report dated 8 August 2023 titled ‘No. 4 Road Bridge - Reinstatement’ 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 Projects and Monitoring Committee approve Council staff seeking feedback from the No. 4 Road community and other key stakeholders.

Carried

 

10.10       No.1 Road Rehabilitation and Widening Programme

The Committee considered a report dated 8 August 2023 from the Senior Transportation Engineer who took the report as read and spoke to a PowerPoint presentation summarising the main points as follows:

 

·        No. 1 Road Rehabilitation and Widening – maintenance treatments;

·        Map of sections of road; and

·        Road section statistics.

 

The General Manager Infrastructure responded to questions as follows:

·        It would be desirable to have a shared pathway but the reality was there was no budget (or external funding) for this at the moment to support it.

·        The plan at the moment was to proceed with the widening and road rehabilitation and revisit putting in a pathway in the future.

Resolution  PMC23-3.12

Moved:          Cr G Dally

Seconded:   Cr M Murray-Benge

1.             That the Senior Transportation Engineer’s report dated 8 August 2023 titled ‘No.1 Road Rehabilitation and Widening Programme’ 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 Project and Monitoring Committee approves proceeding with pavement reconstruction and widening of sections 2 & 3 and vertical realignment for the future Cannell Farm Drive extension.

Section

Year

Estimated Cost

2

2024/2025

$1,450,000

3

2023/2024

$1,750,000

            And

4.           That implementation of the shared path be reconsidered once sections 2 and 3 of No 1 Road rehabilitation and widening have been completed.

Carried

 

10.11        Operational Risk and Scorecard Report Quarterly Update Ending June 2023

The Committee considered a report dated 8 August 2023 from the Executive Assistant, Infrastructure Group who took the report as read.

 

The Operations Manager spoke to a PowerPoint presentation on the following items:

 

·        Heron Crescent

·        Middlebrook Drive

 

Staff responded to questions as follows:

Elder Housing:

·        Ngai Tamawhariua could not fund the costs associated with consenting to remediate the land or the remediating of the housing units to have them in a habitable state to be lived in. 

Resolution  PMC23-3.13

Moved:          Cr T Coxhead

Seconded:    Cr M Grainger

That the Executive Assistant, Infrastructure Group’s report, dated 8 August 2023, titled ‘Operational Risk and Scorecard Report Quarterly Update Ending 30 June 2023’ be received.

Carried

11              Information for Receipt

11.1           Waihī Beach Pensioner Housing

The Committee considered a report dated 8 August 2023 from the Operations Manager who took the report as read and advised the Committee that the Property Team were in contact with the Waihī Beach pensioner housing tenants on a weekly basis and answered any questions they may have.

Resolution  PMC23-3.14

Moved:          Cr M Grainger

Seconded:    Deputy Mayor J Scrimgeour

1.   That the Operations Manager’s report dated 8 August 2023 titled ‘Waihī Beach Pensioner Housing’ be received.

Carried

 

11.2           Hall Committee Process

The Committee considered a report dated 8 August 2023 from the Operations Manager who took the report as read.

Resolution  PMC23-3.15

Moved:          Cr M Murray-Benge

Seconded:    Cr R Joyce

1.   That the Operations Manager’s report dated 8 August 2023, titled ’Hall Committee Process’ be received.

Carried

12             Resolution to Exclude the Public

Resolution  PMC23-3.16

Moved:          Cr G Dally

Seconded:    Cr M Grainger

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.2 - Transfer of Report considered in confidence at Performance and Monitoring December 2021

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Infrastructure Operational Risk Report August 2023 - Confidential

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

 

The Meeting closed at 3:31pm.

 

Confirmed as a true and correct record by Council on 3 October 2023.

 

 

 

 


Council Meeting Agenda

3 October 2023

 

9.2           Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023

File Number:             A5712981

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Recommendation

That the Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

 

Attachments

1.         Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023 

  


Audit, Risk and Finance Committee Meeting Minutes

15 August 2023

UNCONFIRMED

 

MINUTES OF Western Bay of Plenty District Council
Audit, Risk and Finance Committee Meeting No. ARF23-3
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Tuesday, 15 August 2023 AT 9.30am

 

1                Karakia

Whakatau mai te wairua Whakawātea mai te hinengaro Whakarite mai te tinana

Kia ea ai ngā mahi

 

Āe

Settle the spirit

Clear the mind

Prepare the body

To achieve what needs to be achieved.

Yes

 

2               Present

Cr M Grainger (Chairperson), Cr T Coxhead, Cr R Crawford, Cr G Dally, Mayor J Denyer,     Cr R Joyce, Cr M Murray-Benge, Deputy Mayor J Scrimgeour, Cr A Wichers and Independent Member S Henderson.

via zoom

Cr A Henry, Cr A Sole and Cr D Thwaites.

3               In Attendance

J Holyoake (Chief Executive Officer),  R Davie (Deputy CEO/General Manager Strategy and Community), A Henderson (General Manager Corporate Services), A Curtis (General Manager Regulatory Services), C Crow (General Manager Infrastructure Services),                     G Golding (Governance Manager), A Ali (Chief Financial Officer), E Bernard (Risk and Assurance Manager), D Crowe (Head of People and Capability),  C Boyle (Health, Safety and Wellbeing Lead), R Gilligan (Technical Operations Team Leader), N Mogford (Building Services Manager), H Wi Repa (Governance Systems Advisor), and C Irvin (Senior Governance Advisor).

others in attendance

Bancorp (via zoom)

S Ranchood (Head of Treasury Advisory)

R Woodfield (Client Advisor)

 

Audit New Zealand

L Pieterse (Audit Director)

4              Apologies

Nil

5               Consideration of Late Items

Nil

6               Declarations of Interest

Nil

7               Public Excluded Items

Nil

8               Public Forum

Nil

9               Presentations

9.1            Bancorp Treasury Update and Presentation

The Committee considered a report dated 15 August 2023 from the Chief Financial Officer, who took the report as read.  

Mr Suresh Ranchood (Head of Treasury Advisory) and Mr Ross Woodfield (Bancorp Client Advisor) were in attendance via Zoom. They spoke to a PowerPoint presentation, summarising the following points:

Audit, Risk, and Finance Update:

·        Consumers Price Index (CPI) past peak inflation but China (our customer) is a big worry;

·        New Zealand CPI – Annual June 2023;

·        New Zealand commodity prices back near three year lows;

·        New Zealand bank lending growth;

·        Global house prices – New Zealand was No. 2 behind Turkey in 2021;

·        The New Zealand housing market;

·        Consumer confidence picking up;

·        New Zealand OCR, BKBM and swap rates; and

·        Forward Swaps Grid.

The presenters responded to questions as follows:

·        A factor contributing to the economy at the moment was that a lot of migrants were entering the country, but a lot of skilled people were leaving the country.  This was worrying in terms of what was happening at a sector level, i.e., losing essential skilled workers. 

·        The half billion dollars transferred from the Treasury to the Reserve Bank was essentially to support the Reserve Bank’s balance sheet.

Resolution  ARF23-3.1

Moved:          Cr R Joyce

Seconded:   Cr R Crawford

1.             That the Chief Financial Officer’s report dated 15 August 2023 titled ‘Bancorp Treasury Update and Presentation’ be received.

Carried

10             Reports

10.1          Change to Order of Business

The Chairperson requested that the order of business be changed as follows: that item 10.1 remain the same and that item 10.6: ‘Letter of Representation - Debenture Trust Deed Audit’ be brought forward and be addressed as the second item of report business in order to release a presenter from the meeting.

Resolution  ARF23-3.2

Moved:          Cr M Murray-Benge

Seconded:    Deputy Mayor J Scrimgeour

That, in accordance with Standing Orders, the order of business be changed as follows: that item 10.1 remain the same and that item 10.6: ‘Letter of Representation - Debenture Trust Deed Audit’ be brought forward and be addressed as the second item of report business in order to release a presenter from the meeting.

Carried

 

10.2         Audit Plan, Audit Fees and Engagement for the year ended 30 June 2023

The Committee considered a report dated 15 August 2023 from the Finance Manager. The report was taken as read.  The Chief Financial Officer provided a summary of the report.  

Mr Leon Pieterse (Audit New Zealand) was in attendance to speak to the report and noted the following:

·        There were a number of assumptions and judgements made in revaluations, which formed quite a big portion of Council’s balance sheet.  Audit New Zealand was working very closely with the Finance Team towards adopting the Annual Report as scheduled on 26 October 2023.

·        The recent weather events meant that some difficult decisions had to be made.  A close watch was being kept on assets and service delivery.

·        Over the last six years, auditing had become much more complex which required the right level and number of staff.  In the past, Audit New Zealand had undercharged local authorities for its services.  As such, it had increased its number of staff over the last year which impacted charge out rates and therefore fees.  At the moment, audit fees were based on hours and were set.  If circumstances changed, this would be revisited. 

·        International auditing standards were used and converted to apply to New Zealand public sectors.

·        Audit New Zealand regularly talked with Council’s Finance Team and made sure they were on the same page.  It was critical that Council knew the condition of its assets through valuations, information from Council’s engineers, and asset value plans.  Valuers were independent from Audit New Zealand and from Council. 

·        Audit New Zealand was an organisation independent from the Government.  It was a business arm of the Auditor-General’s office.  This was critical to ensure its independence. 

Resolution  ARF23-3.3

Moved:          Mayor J Denyer

Seconded:   Cr M Murray-Benge

1.             That the Finance Manager’s report dated 15 August 2023 titled ‘Audit Plan, Audit Fees and Engagement for the Year Ended 30 June 2023’ be received.

Carried

 

 

10.3         Letter of Representation - Debenture Trust Deed Audit

The Committee considered a report dated 15 August 2023 from the Finance Manager.  The report was taken as read.  The Chief Financial Officer provided a summary of the report.  

 

Mr Leon Pieterse responded to questions as follows:

·        The audit would also test the reported governance in relation to the Debenture Trust Deed, and how they were calculated.

Resolution  ARF23-3.4

Moved:          Deputy Mayor J Scrimgeour

Seconded:    Cr M Murray-Benge

1.             That the Finance Manager’s report dated 15 August 2023 titled ‘Letter of Representation – Debenture Trust Deed Audit’ be received.

Carried

 

10.52am              The meeting adjourned.

10.52am             Cr Sole withdrew from the meeting via Zoom.

11.14am                   The meeting reconvened.

 

10.4         Health and Safety Report - August 2023

The Committee considered a report dated 15 August 2023 from the Health, Safety and Wellbeing Lead who took the report as read, summarising the main points.

 

Staff responded to questions as follows:

·        A strategy for improving the health, safety, and wellbeing of employees had been developed, and was on Health and Safety’s agenda to roll out to the teams for the remainder of the year. 

·        It was important that employees felt secure enough to report incidences, including around mental health and wellbeing.

·        Librarians and Animal Services were a risk.  A range of changes were occurring around processes and service delivery with key stakeholders, as well as the introduction of new technology.

·        Contractors to Council were separate as such, but Council was still accountable for them legislatively in terms of health and safety and the Health and Safety Act 2015.

Resolution  ARF23-3.5

Moved:          Cr R Crawford

Seconded:   Mayor J Denyer

1.             That the Health, Safety and Wellbeing Lead’s report dated 15 August 2023 titled ‘Health and Safety Report – August 2023’ be received.

Carried

 

10.5         Risk and Assurance Report August 2023

The Committee considered a report dated 15 August 2023 from the Risk and Assurance Manager, who took the report as read, summarising the main points.

 

Staff responded to questions as follows:

With the different start dates for the Three Waters transition, there would be job guarantees but there may also be some unfilled positions, which would give other people the opportunity to apply for them. 

 

Resolution  ARF23-3.6

Moved:          Cr R Joyce

Seconded:    Cr T Coxhead

That the Risk and Assurance Manager’s report dated 15 August 2023 titled ‘Risk and Assurance Report August 2023’ be received.

Carried

 

10.6         Review of Accounting Policies and Key Accounting Judgements

The Committee considered a report dated 15 August 2023 from the Finance Manager.  The report was taken as read.  The Chief Financial Officer provided a summary of the report.

 

Staff responded to questions as follows:

·        A financial instrument was a monetary contract that could be traded such as a stock or bond.

·        The Local Government Funding Agency was now creating ‘Sustainable Loans’ which had a different set of criteria, and which reduced the cost of borrowing.  The Finance Team would look at this opportunity moving forward.

 

Resolution  ARF23-3.7

Moved:          Cr M Grainger

Seconded:   Cr M Murray-Benge

1.             That the Finance Manager’s report dated 15 August 2023 titled ‘Review of Accounting Policies and Key Accounting Judgements’ be received.

Carried

 

10.7         Financial Performance Update 31 May 2023

The Committee considered a report dated 15 August 2023 from the Finance Manager.  The report was taken as read.  The Chief Financial Officer provided a summary of the report.

Staff responded to questions as follows:

·        When rating for activities, any residual funds went back into the current account of that activity, and this could be drawn on in the future.

·        The extreme weather events this year had an impact on the focus of the Finance Team and the risk profile.  There was an opportunity to review the program moving into the Long Term Plan. 

·        Going forward, moving through the Long Term Plan, the Finance Team would identify project management frameworks for projects that included realistic time frames and work involved.

12.01pm      Cr Thwaites withdrew from the meeting via Zoom.

Resolution  ARF23-3.8

Moved:          Deputy Mayor J Scrimgeour

Seconded:    Cr R Joyce

2.           That the Finance Manager’s report dated 15 August 2023 titled ‘Financial Performance Update 31 May 2023’ be received.

Carried

11              Information for Receipt

11.1           Audit, Risk and Finance Committee Work Programme

The Committee considered a report dated 15 August 2023 from the Risk and Assurance Manager who took the report as read, summarising the main points.

Resolution  ARF23-3.9

Moved:         Cr M Murray-Benge

Seconded:    Cr M Grainger

1.             That the Risk and Assurance Manager’s report dated 15 August 2023 titled ‘Audit, Risk and Finance Committee Work Programme’ be received.

Carried

 

12.28pm              The meeting adjourned.

1.00pm                The meeting reconvened.

12             Resolution to Exclude the Public

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  ARF23-3.10

Moved:          Cr R Joyce

Seconded:    Cr M Murray-Benge

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Litigation and Issues Watch Register Update August 2023

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.2 - Confidential Risk and Assurance Report August 2023

s7(2)(f)(ii) - the withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of Council members, officers, employees, and persons from improper pressure or harassment

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Outstanding Recommendations Register August 2023

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

The Meeting closed at 1:37pm.

 

Confirmed as a true and correct record by Council on 3 October 2023.

 

 


Council Meeting Agenda

3 October 2023

 

9.3           Minutes of the Strategy and Policy Committee Meeting held on 17 August 2023

File Number:             A5716042

Author:                        Jahneisha Osborne, Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Recommendation

That the Minutes of the Strategy and Policy Committee Meeting held on 17 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

 

Attachments

1.         Minutes of the Strategy and Policy Committee Meeting held on 17 August 2023 

  


Strategy and Policy Committee Meeting Minutes

17 August 2023

Unconfirmed

 

MINUTES OF Western Bay of Plenty District Council
Strategy and Policy Committee Meeting No. SPC23-5
HELD IN THE Council Chambers,1484 Cameron Road, Tauranga
ON Thursday, 17 August 2023 AT 12.10pm

 

1                Karakia

Whakatau mai te wairua Whakawātea mai te hinengaro Whakarite mai te tinana

Kia ea ai ngā mahi

 

Āe

Settle the spirit

Clear the mind

Prepare the body

To achieve what needs to be achieved.

Yes

 

2               Present

Mayor J Denyer (Chairperson), Cr R Crawford, Cr T Coxhead, Cr G Dally, Cr M Grainger,      Cr R Joyce, Cr M Murray-Benge, Deputy Mayor J Scrimgeour, Cr D Thwaites and                       Cr A Wichers.

Via Zoom

Cr A Sole

3               In Attendance

J Holyoake (Chief Executive Officer), R Davie (Deputy CEO/General Manager Strategy and Community), A Henderson (General Manager Corporate Services), E Watton (Strategic Policy and Planning Programme Director), C Nepia (Strategic Kaupapa Māori Manager), M Leighton (Policy and Planning Manager), A King (Strategic Advisor: Legislative Reform and Special Projects), G Golding (Governance Manager), J Osborne (Governance Advisor) and P Osborne (Senior Governance Advisor).

4              Apologies

Apology

Resolution  SPC23-5.1

Moved:                         Cr D Thwaites

Seconded:         Cr R Joyce

That the apology for absence from Cr Henry and apology for lateness from Cr Sole be accepted.

Carried

 

5               Consideration of Late Items

Nil

6               Declarations of Interest

Nil

7               Public Excluded Items

Nil

8               Public Forum

Nil

9               Presentations

Nil

10             Reports

10.1          Submission on 'He Tohu Huarahi Māori bilingual traffic signs consultation'

The Committee considered a report dated 17 August 2023 from the Senior Policy Analyst. The report was taken as read.

 

12.17pm      Cr Sole entered the meeting via zoom.

 

The following comments were made by Elected Members:

·        Could consideration be given to having the final submission circulated to Elected Members prior to it being submitted?

·        There was some concern regarding the content of the submission and whether the Elected Members felt they had the opportunity to debate all content prior to it being submitted.

Resolution  SPC23-5.2

Moved:                         Cr R Crawford

Seconded:         Cr M Murray-Benge

1.             That the Senior Policy Analyst’s report dated 17 August 2023 titled ‘Submission on He Tohu Huarahi Māori Bilingual Traffic Signs Consultation’ be received.

2.           That the submission, shown as Attachment 1 to this report, be received by the Strategy and Policy Committee and the information noted.

Carried

 

10.2         Submission on Water Services Entities Amendment Bill

The Committee considered a report dated 17 August 2023 from the Strategic Advisor: Legislative Reform and Special Projects, who provided the Committee with the below updates:

 

·        The Bill received its third reading on Wednesday 16 August 2023.

·        Amendments were made, based on Councils submission, to allow Council to continue charging and collecting Financial Contributions.

 

The following comments were made by Elected Members:

·        When was it appropriate to use the term ‘broad range of opinions’ in a submission?

Resolution  SPC23-5.3

Moved:                         Cr M Grainger

Seconded:         Cr T Coxhead

1.             That the Strategic Advisor: Legislative Reform and Special Projects report dated 17 August 2023 titled ‘Submission on Water Services Entities Amendment Bill’ be received.

2.           That the submission, shown as Attachment 1 to this report, be received by the Strategy and Policy Committee and the information is noted.

Carried

 

10.3         Investigation of the options for funding growth-related infrastructure

The Committee considered a report dated 17 August 2023 from the Strategic Policy and Planning Programme Director, who provided the Committee with a brief overview of the report presented.

Staff responded to pātai as follows:

 

·        The Resource Management Legislation Reform contemplated a move away from Financial Contributions, noting that it created another mechanism, referred to as ‘Environmental Contributions’. When those Bills received royal descent, it would be possible to see what form and function Environmental Contributions had, noting that this would form part of the suite of considerations through this piece of work. Staff suggested that the amendment to the Local Government Act (LGA) 2002 was the primary catalyst for the majority of councils in the country moving to Development Contributions over Financial Contributions.

Resolution  SPC23-5.4

Moved:                         Cr M Murray-Benge

Seconded:         Cr R Joyce

1.             That the Strategic Policy and Planning Programme Director’s report dated 17 August 2023 titled ‘Investigation of the Options for Funding Growth-Related Infrastructure’ 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 Committee resolves to progress further investigations on the options available for funding growth-related infrastructure. These investigations would include consideration of the matters identified in phase two of the Utility NZ report.

4.           That the Committee notes that a decision document relating to the financial contributions for 2023/24 will be prepared for adoption by Council alongside the final Financial Contributions 2023/24, and that the decision document will be in general accordance with the Long-term and Annual Plan Committee resolutions contained in the minutes of APLTP23-6 dated 10 August 2023, and the Strategy and Policy Committee resolutions contained in the minutes of SPC23-5 dated 17 August 2023.

Carried

 

11              Information for Receipt

 

The Meeting closed at 12.28pm.

 

Confirmed as a true and correct record by Council on 3 October 2023.

 

 

 

 


Council Meeting Agenda

3 October 2023

 

9.4           Minutes of the Council Meeting held on 17 August 2023

File Number:             A5716109

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Recommendation

1.       That the Minutes of the Council Meeting held on 17 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

2.       That the Chairperson’s electronic signature be inserted into the confirmed minutes.

 

 

Attachments

1.         Minutes of the Council Meeting held on 17 August 2023 

  


Council Meeting Minutes

17 August 2023

unconfirmed

 

MINUTES OF Western Bay of Plenty District Council
Extraordinary Council Meeting No. CL23-13
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Thursday, 17 August 2023 AT 9.30am

1                Karakia

Matua John Te Kira Toma opened the meeting with a karakia and waiata.

2               Present 

Mayor J Denyer (Chairperson), Deputy Mayor J Scrimgeour, Cr T Coxhead, Cr R Crawford, Cr G Dally, Cr M Grainger, Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Cr D Thwaites and Cr A Wichers

via zoom

Cr A Sole

3               In Attendance

J Holyoake (Chief Executive Officer), R Davie (Deputy CEO/General Manager Strategy and Community), A Henderson (General Manager Corporate Services), A Curtis (General Manager Regulatory Services), C Crowe (GM Infrastructure Services), E Watton (Strategic Policy and Planning Programme Director), C Nepia (Strategic Kaupapa Māori Manager), G Golding (Governance Manager), L Balvert (Communications Manager), M Leighton (Policy and Planning Manager), J Rickard (Community and Strategic Relationships Manager), C Nepia (Planning Coordinator), L Carroll (Āpiha Whenua Māori (Māori Land Specialist), B Urbanc (Kaupapa Māori Specialist - Kaiārahi Hōnonga), P Osborne (Senior Governance Advisor), J Osborne (Governance Advisor), R Leahy (Governance Advisor) and C Irvin (Senior Governance Advisor). 

VIA ZOOM         

A Ali (Chief Financial Officer), S Bedford (Finance Manager), G Benn (Research and Monitoring Analyst), C Steiner (Senior Policy Analyst) and T Price (Executive Assistant Corporate Services).

others in attendance

Three members of the press.

 

 

 

4              Apologies

Nil

5               Consideration of Late Items

Nil

6               Declarations of Interest

Nil

7               Public Excluded Items

Nil

8               Public Forum

Mabel Wharekawa-Burt

·          Mrs Wharekawa-Burt introduced herself, acknowledged the families in Maui/Hawaii suffering from the fire events and provided an apology for Shaan Kingi.

·          She was here unequivocally in full support of Māori Wards.

·          The first attempt by Māori to look at Māori wards provided the realisation that there were many issues to deal with.

·          Council was asked today to open their minds and be reminded that 95% of Māori lived a bicultural life, and spoke two languages.  How could Council say they knew what was best for Māori, or have a feeling of what was going on, without appropriate connection to Māori and the right Māori representation?

·          At the moment it was an ‘us and them’ situation but this was not the way it should be.  It was time to ‘take a chance’, change the situation and ignite relationships for the future.

Andy Gowland-Douglas - CEO of Tapuika Iwi Authority

·          Ms Gowland-Douglas was here today in full support of Māori Wards.

·          This was a mechanism that allowed Māori voices to be heard, and to enable them to make decisions for future generations.

·          There was a lot of misinformation around the country at the moment about Māori Wards, but this was about facts, social justice, leading with the heart, moving forward together and making the right decision today.

 

 

Bronwyn Hokianga

·          Ms Hokianga was here today in support of Māori Wards, and acknowledged the work done to date by iwi/hapū and Council.

·          It was critical to consider factors such as levels of inclusion and diversity,  partnership and Ti Tiriti o Waitangi, cultural understanding and sensitivity, empowerment and self determination, amongst other things.

·          Ultimately, decision making needed to effectively and appropriately address the aspirations and needs of all, including the Māori community. 

Keith Hay – Katikati Waihī Beach Residents and Ratepayers Association (KWBRRA)

·          KWBRRA was opposed to the establishment of Māori Wards because they felt they were not representative of democracy.

·          In 2017 KWBRRA was active in forcing a referendum after Council voted to introduce Māori Wards, resulting in a 78% against result.

·          Based on previous pole results, KWBRRA would not be supporting Māori Wards.

Garry Webber – Ōmokoroa Resident

·          Mr Webber was here today in support of Māori Wards.

·          In recent years legislation had been amended to fully align the processes for the creation of Māori Wards with the creation of general wards. 

·          Nowhere in New Zealand legislation or local Government guidelines did it say that a decision could be delayed in the hope of a law change.

·          There was no need for any further consultation on the creation of a Māori Ward. It was time to do what was ‘tika’, what was right.

9               Reports

9.1            Establishment of Māori Wards 2023

Council considered a report dated 17 August 2023 from the Strategic Kaupapa Māori Manager who took the report as read and welcomed and acknowledged iwi and all others in attendance today.

The Deputy CEO/General Manager Strategy and Community responded to a question as follows:

·          The costs associated with holding an election that established Māori Wards would be included within budgeted expenditure for the ordinary local body election, which was budgeted for and transparently included in Council’s Long Term Plan. 

Resolution  CL23-13.1

Moved:           Cr R Joyce

Seconded:    Cr M Grainger

1.             That the Strategic Kaupapa Māori Manager’s report dated 17 August 2023 titled ‘Establishment of Māori Wards 2023’ be received.

CARRIED

Resolution  CL23-13.2

Moved:            Cr M Murray-Benge

Seconded:     Cr A Henry

2.      That the reports relates to an issue that is considered to be of medium significance in terms of Council’s Significance and engagement Policy.

 

CARRIED

Resolution  CL23-13.3

Moved:           Deputy Mayor J Scrimgeour

Seconded:    Cr A Wichers

3.           That, in accordance with the discretion conferred by section 19z of the Local Electoral Act 2001, Māori Ward(s) shall be established for the next two triennial elections in 2025 and 2028.

Carried

A division was called a recorded as follows:

 

In Favour:      Mayor J Denyer, Deputy Mayor J Scrimgeour, Crs R Crawford, G Dally, M Grainger, A Henry, R Joyce, D Thwaites and A Wichers

Against:         Crs T Coxhead, M Murray-Benge and A Sole

carried 9/3

 

 

10             Information for Receipt

Nil

11              Resolution to Exclude the Public 

Nil

 

Matua John Te Kira Toma closed the meeting with a karakia waiata.

 

The Meeting closed at 11:23am.

 

Confirmed as a true and correct record at the Council meeting held 3 October 2023.

 

 

 

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

Mayor J Denyer

CHAIRPERSON / MAYOR

 


Council Meeting Agenda

3 October 2023

 

9.5           Minutes of the Council Meeting held on 30 August 2023

File Number:             A5721496

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Recommendation

1.       That the Minutes of the Council Meeting held on 30 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

2.       That the Chairperson’s electronic signature be inserted into the confirmed minutes.

 

 

Attachments

1.         Minutes of the Council Meeting held on 30 August 2023 

  


Council Meeting Minutes

30 August 2023

UNCONFIRMED

 

MINUTES OF Western Bay of Plenty District Council
Council Meeting No. CL23-14
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Wednesday, 30 August 2023 AT 9.30am

1                Karakia

Whakatau mai te wairua Whakawātea mai te hinengaro Whakarite mai te tinana

Kia ea ai ngā mahi

 

Āe

Settle the spirit

Clear the mind

Prepare the body

To achieve what needs to be achieved.

Yes

 

2               Present 

Mayor J Denyer (Chairperson), Deputy Mayor J Scrimgeour, Cr T Coxhead, Cr R Crawford, Cr G Dally, Cr M Grainger, Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Cr D Thwaites and Cr A Wichers

 

VIA ZOOM

Cr A Sole

 

3               In Attendance

J Holyoake (Chief Executive Officer), R Davie (Deputy CEO/General Manager Strategy and Community), A Henderson (General Manager Corporate Services), A Curtis (General Manager Regulatory Services, C Crowe (General Manager Infrastructure Services), A Ali (Chief Financial Officer), E Watton (Strategic Policy and Planning Programme Director), M Leighton (Policy and Planning Manager), J Rickard (Community and Strategic Relationships Manager), D Elvin (Compliance and Monitoring Manager), R Gallagher (Senior Policy Analyst), H Wi Repa (Governance Systems Advisor), J Osborne (Governance Advisor), C Irvin (Senior Governance Advisor) and R Leahy (Governance Advisor).

 

VIA ZOOM

 

M Va’ai Matatia (Senior Environmental Planner)

 

Others in attendance

24 members of the public, in support of the Public Forum speaker.

 

One member of the press.

4              Apologies

Apology

RESOLUTION CL23-14.1

Moved:          Cr A Henry

Seconded:    Cr M Murray-Benge

That the apology for lateness from Cr R Joyce be accepted.

Carried

5               Consideration of Late Items

5.1            Consideration of A late open item

The Chairperson advised there was one late item for Council to consider for inclusion in the open section of the agenda, being Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee – Adoption of the Annual Plan 2023/24.

 

The reason that this item was not included on the agenda was that it was necessary to update a document and it could not be delayed to the next scheduled Council meeting because it was needed to resolve item 12.1 of this agenda (CL23-14).

RESOLUTION CL23-14.2

Moved:         Cr M Grainger

Seconded:   Cr T Coxhead

That, in accordance with Section 46A (7) of the Local Government Official Information and Meetings Act, the following item be considered as a late item of open business:

 

     Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee – Adoption of the Annual Plan 2023/24.

Carried

 

5.2           Consideration of a late confidential item

The Chairperson advised there was one late confidential item for Council to consider for inclusion in the public excluded section of the agenda, being Supplementary Confidential Report: Recommendary Report from the Chief Executive Employment Sub Committee.

 

The reason that this item was not included on the agenda was because further negotiations were necessary, and it could not be delayed to the next scheduled Council meeting because a presenter had been scheduled for this Council meeting (CL23-14).

RESOLUTION CL23-14.3

Moved:         Cr M Grainger

Seconded:   Cr T Coxhead

1.      That the public be excluded from the following part of this meeting namely: the closed section.

2.    That in accordance with Section 46A (7) of the Local Government Official Information and Meetings Act the following item be considered as a late item of confidential business:

 

               I.           ‘Supplementary Confidential Report: Recommendary Report from the Chief Executive Employment Sub Committee’.

 

The general subject to each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under Section 48(1) for the passing of this resolution.

Supplementary Confidential Report: Recommendary Report from the Chief Executive Employment Sub Committee

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

         s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

 

6               Declarations of Interest

Nil

7               Public Excluded Items

Nil

8               Public Forum

Kellie Hutchenson – Fluoridation

Ms Hutchenson was in attendance to speak to Council regarding the instruction by the Director-General of Health to fluoridate the drinking water supplies for Athenree and Wharawhara. She provided the following points:

 

9:36am    Cr Joyce entered the meeting.

 

·             Ms Hutchenson requested Council pass a motion to seek an interim injunction through the Courts to stop the Director-General of Health’s direction to fluoridate water.

·             It was her belief that the Director-General of Health had not considered the most up to date information on fluoridation and referenced findings in the draft Fluoride Toxicity Report from the National Toxicology Program (United States).

·             She encouraged Council to work with other councils to seek an interim injunction.

·             Anti-fluoride campaigners would be holding a public meeting at the Te Puna Hall on 17 September 2023.

9               Community Board Minutes for Receipt

9.1            Minutes of the Katikati Community Board Meeting held on 26 July 2023

RESOLUTION CL23-14.4

Moved:          Cr A Henry

Seconded:   Cr T Coxhead

That the Minutes of the Katikati Community Board Meeting held on 26 July 2023 be received.

Carried

 

9.2           Minutes of the Ōmokoroa Community Board Meeting held on 1 August 2023

RESOLUTION CL23-14.5

Moved:         Cr M Grainger

Seconded:   Cr D Thwaites

That the Minutes of the Ōmokoroa Community Board Meeting held on 1 August 2023 be received.

Carried

 

 

 

9.3           Minutes of the Te Puke Community Board Meeting held on 3 August 2023

RESOLUTION CL23-14.6

Moved:         Cr G Dally

Seconded:   Cr A Wichers

That the Minutes of the Te Puke Community Board Meeting held on 3 August 2023 be received.

Carried

 

9.4           Minutes of the Maketu Community Board Meeting held on 8 August 2023

RESOLUTION CL23-14.7

Moved:         Cr R Crawford

Seconded:   Deputy Mayor J Scrimgeour

That the Minutes of the Maketu Community Board Meeting held on 8 August 2023 be received.

Carried

 

9.5           Minutes of the Waihī Beach Community Board Meeting held on 14 August 2023

RESOLUTION CL23-14.8

Moved:         Cr A Henry

Seconded:   Cr M Murray-Benge

That the Minutes of the Waihī Beach Community Board Meeting held on 14 August 2023 be received.

Carried

10             Council and Committee Minutes for Confirmation

10.1          Minutes of the Council Meeting held on 20 July 2023

RESOLUTION CL23-14.9

Moved:         Mayor J Denyer

Seconded:   Deputy Mayor J Scrimgeour

1.             That the Minutes of the Council Meeting held on 20 July 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

2.           That the Chairperson’s electronic signature be inserted into the confirmed minutes.

Carried

 

10.2         Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 25 July 2023

RESOLUTION CL23-14.10

Moved:         Deputy Mayor J Scrimgeour

Seconded:   Cr D Thwaites

That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 25 July 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

10.3         Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 10 August 2023

RESOLUTION CL23-14.11

Moved:         Cr M Murray-Benge

Seconded:   Cr A Wichers

That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 10 August 2023 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

11              Council and Committee Minutes for Receipt

11.1           Minutes of the Te Kāhui Mana Whenua o Tauranga Moana Meeting held on 26 July 2023

Resolution  CL23-14.12

Moved:         Mayor J Denyer

Seconded:   Cr M Grainger

That the Minutes of the Te Kāhui Mana Whenua o Tauranga Moana Meeting held on 26 July 2023 be received.

Carried

 

11.2           Minutes of the Te Ihu o te Waka o Te Arawa Meeting held on 9 August 2023

Resolution  CL23-14.13

Moved:         Cr A Wichers

Seconded:   Cr R Crawford

That the Minutes of the Te Ihu o te Waka o Te Arawa Meeting held on 9 August 2023 be received with the following amendment made:

·             That Mayor James Denyer’s name be added to the attendance list.

Carried

 

12             Reports

12.1           Change to Order of Business

The Chairperson requested that the next item of business be late open item: ‘Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee – Adoption of the Annual Plan 2023/24’, in order to resolve item 12.1 of this agenda (CL23-14).

RESOLUTION CL23-14.14

Moved:          Cr M Grainger

Seconded:    Cr A Henry

That, in accordance with Standing Orders, the order of business be changed and that late open item ‘Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee – Adoption of the Annual Plan 2023/24’ be dealt with as the next item of business.

 

Carried

late item

12.2          ‘Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee – Adoption of the Annual Plan 2023/24’

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

Resolution  CL23-14.15

Moved:           Deputy Mayor J Scrimgeour

Seconded:    Cr A Wichers

1.             That the Senior Governance Advisor’s report dated 30 August 2023 titled ‘Supplementary Report: Recommendation from the Annual Plan Long Term Plan Committee - Adoption of the annual Plan 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 the updated Annual Plan 2023/24, as contained in Attachment A of this report, be received.

4.           That the updated Annual Plan 2023/24, as contained in
Attachment A of this report replaces Attachment A included within the recommendatory report from the Annual Plan and Long Term Plan Committee – Adoption of the Annual Plan [Item 12.1 – Council Agenda CL23-14].

 

Carried

 

12.3          Recommendatory report from Annual Plan and Long Term Plan Committee – Adoption of the Annual Plan 2023/24

Council considered a report dated 30 August 2023 from the Senior Policy Analyst,  who took the report as read and noted the following points:

·             The project ‘radio frequency identification technology for libraries’ was technology used to track library books.

·             The rate increase was caused by weather events and the inflationary environment.

RESOLUTION CL23-14.16

Moved:          Deputy Mayor J Scrimgeour

Seconded:   Cr M Grainger

1.             That the Senior Policy Analyst’s report dated 30 August 2023, titled ‘Recommendatory report from Annual Plan and Long Term Plan Committee – Adoption of the Annual Plan 2023/24’ 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.           In accordance with section 80 of the Local Government Act 2002, Council acknowledges that the average rate increase of 7.04% contained in the Annual Plan 2023/24 is inconsistent with Council’s Financial Strategy, the reason is due to significantly higher than predicted inflation and economic pressures.  Council does intend to review the Financial Strategy as part of the Long Term Plan 2024-2034.

4.           As recommended by the Annual Plan and Long Term Plan Committee the Annual Plan 2023/24 be adopted as contained in Attachment A of the supplementary (late) report item 11.1 of the 30 August 2023 Council Agenda. The recommendations of the Annual Plan and Long Term Plan Committee are set out in Attachment B of this report.

5.           As recommended by the Annual Plan and Long Term Plan Committee the Financial Contributions Schedule 2023/24 be adopted as contained in Attachment C with the Disclosure Tables for Financial Contributions 2023/24 as contained in Attachment D.

6.           That, as the formal response to submitters, Council approves the Decision Document (as contained in Attachment E), for all submitters, for dissemination as soon as practicable, following the adoption of the Annual Plan 2023/24.

7.           That the Chief Executive Officer be delegated the authority to make such minor editorial changes to the Annual Plan 2023/24, and Financial Contributions Schedule 2023/24, and Decision Document, as may be required.

Carried

 

12.4         Setting of the Rates for 2023/24 Annual Plan

Council considered a report dated 30 August 2023 from the Revenue Lead, who took the report as read and noted the following points:

·             A minor amendment had been made to one of the titles in the recommendation: ‘Land Drainage targeted rate’ was changed to ‘Community Hall targeted rate.’

Resolution  CL23-14.17

Moved:         Cr M Murray-Benge

Seconded:   Cr A Henry

1.             That the Revenue Lead’s report dated 30 August 2023 titled ‘Setting of Rates for 2023/24 Annual Plan’ 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 sets the rates set out in resolutions 5, 6, and 10 under the Local Government (Rating) Act 2002, in accordance with the relevant provisions of the Funding Impact Statement in the Annual Plan for 2023/2024, on rating units in the district for the financial year commencing on 1 July 2023 and ending on 30 June 2024.

4.           All rates shall be inclusive of Goods and Services Tax (GST).

5.           General Rate

A general rate is set under section 13 of the Local Government (Rating) Act 2002 at:

A rate of $0.00077884 in the dollar of capital value on all rateable rating units   in the Western Bay of Plenty District.

Uniform Annual General Charge:

A uniform annual general charge is set under section 15(1)(a) of the Local Government (Rating) Act 2002 at:

A rate of $243.80 per rating unit.  

6.           Targeted Rates:

The following targeted rates are set under sections 16(4)(a), 16(4)(b) and 17 of the     Local Government (Rating) Act 2002.

Council sets volumetric water supply rates under section 19 of the Local Government (Rating) Act 2002:

Differential roading targeted rate: A targeted rate for roading set on all rateable land in the district (as an amount in the $ of land value), set differentially on the following categories:

Amount of the rate (GST Incl.)

RESIDENTIAL / RURAL differential category

 $           0.000610786

COMMERCIAL / INDUSTRIAL differential category

 $              0.001221571

FORESTRY differential category

 $           0.000610786

District -wide roading rate: A targeted rate for roading set on all land in the district as a fixed amount per rating unit

 $                           81.98

Rural Roading Rate: A targeted rate for roading set on all rural-zoned land in the district as a fixed amount per rating unit

 $                         381.18

Community board targeted rates

 

Community board targeted rates set as a fixed amount per rating unit in respect of all rating units in the relevant area:

 

WAIHĪ BEACH - Community Board targeted rate

 $                           31.29

KATIKATI - Community Board targeted rate

 $                          25.64

ŌMOKOROA - Community Board targeted rate

 $                          45.02

TE PUKE - Community Board targeted rate

 $                          35.00

MAKETU - Community Board targeted rate

 $                         161.43

Environmental protection targeted rate

 

An environmental protection targeted rate set on all rateable land in the district as a fixed amount per rating unit

 $                           75.31

Solid waste targeted rate

 

A solid waste targeted rate set differentially in respect of all land in the following differential categories as a fixed amount per rating unit:

 

Western area (WAIHĪ BEACH / KATIKATI) differential category

 $                        108.66

Eastern area (TE PUKE/MAKETU) differential category

 $                          67.35

ŌMOKOROA green waste targeted rate

 

A targeted rate for green waste facilities on all rating units in ŌMOKOROA, set as a fixed amount per rating unit.

 $                          64.37

Kerbside collection targeted rate

 

A kerbside collection targeted rate set on a differential basis as a fixed amount per rating unit and set in respect of all land in the relevant service area

 

            Rural service area

 $                        106.00

            Urban service area

 $                        166.00

Library services targeted rate

 

A targeted rate set as a fixed amount per rating unit on all land in the district

 $                        153.26

Western Water targeted rates

 

Metered connection targeted rate: A metered water connection targeted rate, set on all rating units with a metered connection to the Western Water scheme as a fixed amount per connection and set differentially based on the size of the connection

 

            WATER CONNECTION 20MM

 $                        431.20

            ADDITIONAL WATER CONNECTION 20MM

 $                          111.57

            WATER CONNECTION 25MM

 $                        241.47

            WATER CONNECTION 40MM

 $                    1,293.59

            WATER CONNECTION 50MM

 $                    2,263.78

            WATER CONNECTION 100MM

 $                 10,348.69

Unmetered connection targeted rate: An unmetered water connection targeted rate, set in respect of all rating units connected to the Western Water scheme (but without a metered connection) as a fixed amount per connection

 $                        561.38

Availability targeted rate: An availability targeted rate set in respect of all land which could be connected but is not connected to the scheme

 $                        215.60

Volumetric water targeted rate: A volumetric targeted rate for water set as an amount per cubic metre of water consumption

 $                             1.24

Capital repayment targeted rate: A targeted rate set as a fixed amount per rating unit on all rating units connected to the Woodland Road water supply extension

 $                       606.48

Central Water targeted rates

 

Metered connection targeted rate: A metered water connection targeted rate, set on all rating units with a metered connection to the Central Water scheme as a fixed amount per connection and set differentially based on the size of the connection

 

            WATER CONNECTION 20MM

 $                        431.20

            ADDITIONAL WATER CONNECTION 20MM

 $                          111.57

            WATER CONNECTION 25MM

 $                        241.47

            WATER CONNECTION 50MM

 $                    2,263.78

Unmetered connection targeted rate: An unmetered water connection targeted rate, set in respect of all rating units connected to the Central Water scheme (but without a metered connection) as a fixed amount per connection

 $                        561.38

Availability targeted rate: An availability targeted rate set in respect of all land which could be connected but is not connected to the scheme

 $                        215.60

Volumetric water targeted rate: A volumetric targeted rate for water set as an amount per cubic metre of water consumption

 $                             1.24

Capital repayment targeted rate: A targeted rate set as a fixed amount per rating unit on all rating units connected to the Astelia / Kayelene water supply extension

 $                       696.34

Eastern Water targeted rates

 

Metered connection targeted rate: A metered water connection targeted rate, set on all rating units with a metered connection to the Eastern Water scheme as a fixed amount per connection and set differentially based on the size of the connection

 

            WATER CONNECTION 20MM

 $                        431.20

            ADDITIONAL WATER CONNECTION 20MM

 $                          111.57

            WATER CONNECTION 25MM

 $                        241.47

            WATER CONNECTION 40MM

 $                    1,293.59

            WATER CONNECTION 50MM

 $                    2,263.78

            WATER CONNECTION 100MM

 $                 10,348.69

            WATER CONNECTION 150MM

 $                 23,823.54

Unmetered connection targeted rate: An unmetered water connection targeted rate, set in respect of all rating units connected to the Eastern Water scheme (but without a metered connection) as a fixed amount per connection

 $                        561.38

Availability targeted rate: An availability targeted rate set in respect of all land which could be connected but is not connected to the scheme

 $                        215.60

Volumetric water targeted rate: A volumetric targeted rate for water set as an amount per cubic metre of water consumption

 $                             1.24

Capital repayment targeted rate: A targeted rate set as a fixed amount per rating unit on all rating units connected to the Black Road water supply extension

 $                       587.96

Gibraltar water scheme targeted rate: A targeted rate for water supply on all rating units connected to the Gibraltar water scheme, set as an amount per rating unit 

 $                          116.15

 

 

WAIHĪ Beach wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which WAIHĪ Beach wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the WAIHĪ Beach wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the WAIHĪ Beach wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

WAIHĪ Beach School: A targeted rate set for wastewater services in respect of the WAIHĪ Beach School, set as an amount per rating unit.

 $                    9,617.54

Katikati wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which Katikati wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the Katikati wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the Katikati wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

Katikati College: A targeted rate set for wastewater services in respect of the Katikati College, set as an amount per rating unit.

 $                 27,368.98

Katikati Primary School: A targeted rate set for wastewater services in respect of the Katikati Primary School, set as an amount per rating unit.

 $                  17,523.86

ŌMOKOROA wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which ŌMOKOROA wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the ŌMOKOROA wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the ŌMOKOROA wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

ŌMOKOROA Point School: A targeted rate set for wastewater services in respect of the ŌMOKOROA Point School, set as an amount per rating unit.

 $                   7,980.30

Te Puna West wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which Te Puna West wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the Te Puna West wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the Te Puna West wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

Capital repayment targeted rate: An optional targeted rate set as a fixed one-off amount per rating unit on all rating units connected to the Te Puna West water supply extension

$                 10,204.36

Capital repayment targeted rate: If the optional rate above is not chosen a non-optional targeted rate set as a fixed amount per rating unit on all rating units connected to the Te Puna West water supply extension

$                    1,074.85

Ongare Point wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which Ongare Point wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the Ongare Point wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the Ongare Point wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

Capital repayment targeted rate: An optional targeted rate set as a fixed one-off amount per rating unit on all rating units connected to the Ongare Point water supply extension

$                    10,114.68

Capital repayment targeted rate: If the optional rate above is not chosen a non-optional targeted rate set as a fixed amount per rating unit on all rating units connected to the Ongare Point water supply extension

$                     1,335.79

Te Puke wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which Te Puke wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the Te Puke wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the Te Puke wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

Te Puke High School: A targeted rate set for wastewater services in respect of the Te Puke High School, set as an amount per rating unit.

 $                  14,931.20

Te Puke Intermediate School: A targeted rate set for wastewater services in respect of the Te Puke Intermediate School, set as an amount per rating unit.

 $                    16,152.17

Te Puke Primary School: A targeted rate set for wastewater services in respect of the Te Puke Primary School, set as an amount per rating unit.

 $                   15,178.93

Fairhaven Primary School: A targeted rate set for wastewater services in respect of the Fairhaven Primary School, set as an amount per rating unit.

 $                  13,637.09

Te Timatanga Hou Kohanga: A targeted rate set for wastewater services in respect of the Te Timatanga Hou Kohanga, set as an amount per rating unit.

 $                       278.40

Maketu / Little WAIHĪ wastewater targeted rates

 

Availability charge: A targeted rate set on all rating units to which Maketu / Little WAIHĪ wastewater services are available but which are not connected, set as an amount per rating unit

 $                        553.77

Connection charge: A targeted rate set on all rating units connected to the Maketu / Little WAIHĪ wastewater scheme, set as an amount per rating unit

 $                     1,107.53

Multiple pan charge: A targeted rate set on all rating units connected to the Maketu / Little WAIHĪ wastewater scheme, set as an amount per water closet or urinal after the first

 $                       929.08

Maketu Primary School: A targeted rate set for wastewater services in respect of the Maketu Primary School, set as an amount per rating unit.

 $                   3,525.86

WAIHĪ Beach coastal protection targeted rates

 

Rock revetment operational targeted rate: A targeted rate set in respect of the defined area of benefit at WAIHĪ Beach, set as an amount per rating unit.

 $                          211.23

Rock revetment capital targeted rate: A targeted rate set in respect of the defined area of benefit at WAIHĪ Beach, set as an amount per rating unit.

 $                     1,510.64

Ward targeted rate: A targeted rate set in respect of all rating units in the WAIHĪ Ward area, as an amount per rating unit

 $                           16.22

WAIHĪ Beach dunes charge - Northern end area of benefit

 $                         751.18

WAIHĪ Beach dunes charge - Glen Isla Place area of benefit

 $                        773.72

Stormwater targeted rate

 

A stormwater targeted rate set on all land in the following areas set as a fixed amount per rating unit on a differential basis:

 

            All rating units in WAIHĪ BEACH, KATIKATI, ŌMOKOROA, TE PUKE

 $                        475.19

            All rating units in KAURI POINT, ONGARE POINT, TANNERS POINT, TUAPIRO POINT, TE PUNA, PAENGAROA, PUKEHINA, MAKETU

 $                       204.52

Land drainage targeted rate

 

A targeted rate for land drainage set on a differential basis on land in the defined areas and set as an amount per hectare:

 

            WAIHĪ LAND DRAINAGE CLASS A

 $                          65.55

            WAIHĪ LAND DRAINAGE CLASS B

 $                         40.83

            WAIHĪ PUMPING DRAINAGE CLASS A

 $                        278.30

            WAIHĪ PUMPING DRAINAGE CLASS B

 $                       204.70

            WAIHĪ PUMPING DRAINAGE CLASS C

 $                        143.75

Community Hall targeted rate

 

Targeted rates set on all land in the defined areas and set as an amount per rating unit

 

KATIKATI COMMUNITY HALL CHARGE

 $                           19.95

TE PUNA MEMORIAL HALL CHARGE

 $                            7.04

TE PUNA COMM CENTRE CHARGE

 $                         48.09

PAENGAROA COMMUNITY HALL CHARGE

 $                          20.53

PUKEHINA BEACH COMMUNITY CENTRE

 $                             7.62

PUKEHINA HALL

 $                           35.19

OHAUITI COMMUNITY HALL CHARGE

 $                          57.48

OROPI COMMUNITY HALL CHARGE

 $                         47.45

KAIMAI COMMUNITY HALL CHARGE

 $                           25.22

ŌMOKOROA COMMUNITY HALL CHARGE

 $                          13.49

OMANAWA COMMUNITY HALL CHARGE

 $                          26.39

TE RANGA COMMUNITY HALL CHARGE

 $                          29.33

PYES PA COMMUNITY HALL CHARGE

 $                           51.03

TE PUKE COMMUNITY HALL CHARGE

 $                          37.54

WAIHĪ BEACH HALL

 $                           17.60

WHAKAMARAMA HALL CHARGE

 $                           31.67

Promotion targeted rates

 

Targeted rates set on all land in the defined areas and set as an amount per rating unit:

 

WAIHĪ BEACH PROMOTION

 $                          15.44

WAIHĪ BEACH PROMOTION COMM/IND

 $                        266.81

KATIKATI PROMOTION CHARGE

 $                            9.56

KATIKATI PROMOTION CHARGE COMM/IND

 $                       398.92

KATIKATI TOWN CENTRE DEVELOPMENT

 $                          25.76

TE PUKE PROMOTION

 $                           15.06

TE PUKE PROMOTION COMM/IND

 $                         217.57

TE PUKE PROMOTION MAKETU

 $                              7.16

Pukehina Beach protection targeted rate

 

A targeted rate set on all land in the following areas set as a fixed amount per rating unit on a differential basis:

 

            All rating units in the Coastal area

 $                          53.98

            All rating units in the Inland area

 $                            9.65

Community development and grants targeted rates

 

Katikati resource centre targeted rate: A targeted rate set on all land in the following areas set as a fixed amount per rating unit on a differential basis:

 

            All rating units in Katikati

 $                             6.25

            All rating units in WAIHĪ Beach

 $                             3.07

Heritage museum targeted rate: A targeted rate set in respect of all rating units in the district, as an amount per rating unit

 $                             3.61

7.           Under section 55 of the Local Government (Rating) Act 2002 and Council’s Discount for early payment of rates in current financial year Policy, a 3% discount will be issued on 10 October 2023 provided the conditions in the Policy are met.

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 rates assessed before 1 July 2022, which remains unpaid on 1 July 2023, will be applied a penalty on 6 September 2023.

                      ii.          A charge of 10 percent on so much of any instalment that has been assessed after 1 July 2023 and which remains unpaid after the relevant due date stated above, to be added on 11 October 2023 for instalment one and 27 March 2024 for instalment two.

                    iii.          A charge of 10 percent on so much of any rates assessed before 1 July 2022, which remains unpaid six months after 9(i) above will be added on 6 March 2024.

9.           In accordance with its Rates Postponement for Homeowners Aged Over 65 years Policy, the Western Bay of Plenty District Council sets a $50.00 postponement fee under section 88 of the Local Government (Rating) Act 2002 for the financial year.

10.         A $50.00 fee will be added to the rates when Council grants postponement. This fee is non-refundable and covers the administration costs associated with processing the application.

11.           A $300.00 fee to 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 to proceed with their application to join the scheme.

12.         Water supply rates / Invoices will be issued twice during the year.  The due dates for the financial year commencing 1 July 2023 and ending on 30 June 2024 are as follows:

Council Supply Zone

Instalment

Due date

Western Supply Zone 1

1

Monday 18th September 2023

Western Supply Zone 2

1

Monday 16th October 2023

Central Supply Zone 1

1

Thursday 2nd November 2023

Central Supply Zone 2

1

Monday 27th November 2023

Eastern Supply Zone 1

1

Monday 18th December 2023

Eastern Supply Zone 2

1

Monday 8th January 2024

Western Supply Zone 1

2

Tuesday 2nd April 2024

Western Supply Zone 2

2

Monday 29th April 2024

Central Supply Zone 1

2

Monday 20th May 2024

Central Supply Zone 2

2

Monday 10th June 2024

Council Supply Zone

Instalment

Due date

Eastern Supply Zone 1

2

Monday 8th July 2024

Eastern Supply Zone 2

2

Monday 29th July 2024

 

Carried

 

12.5         Establishment of a Te Puke Spatial Plan Sub Committee

Council considered a report dated 30 August 2023 from the Strategic Advisor: Legislative Reform and Special Projects, who took the report as read and noted the following points:

·             The Sub-committee would be made up of members that had a particular interest in Te Puke, including Te Puke Community Board members, Maketu- Te Puke Councillors, and two iwi representatives from Te Ihu o te Waka o Te Arawa.

·             The positions of Chairperson and Deputy Chairperson would be decided by the Sub-committee.

Resolution  CL23-14.18

Moved:         Cr M Grainger

Seconded:   Cr T Coxhead

1.             That the Strategic Advisor: Legislative Reform and Special Projects report dated 30 August 2023 titled ‘Establishment of a Te Puke Spatial Plan Subcommittee’ 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 establishes a Te Puke Spatial Plan Subcommittee in accordance with the attached Terms of Reference.

4.           That the Te Puke Spatial Plan Subcommittee is disestablished following the adoption of the final Te Puke Spatial Plan.

Carried

 

12.6         Endorsement of the Sub-regional Transport System Operating Framework for submission to the Regional Transport Plan process

Council considered a report dated 30 August 2023 from the Senior Manager.  The report was taken as read.

Resolution  CL23-14.19

Moved:         Cr M Murray-Benge

Seconded:   Mayor J Denyer

1.             That the Senior Manager’s Report dated 30 August 2023 titled ‘Endorsement of the Sub-regional Transport System Operating Framework for Submission to the Regional Transport Plan Process’ 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 2023 Transport System Operating Framework, as detailed in Attachment 1 be endorsed for submission to the Regional Transport Committee.

And

4.           That it be noted that Council considers the Takitumu Northern Link Stage 2 is of high priority for Western Bay to:

·             Enable housing development in Ōmokoroa.

·             To reduce excessive congestion.

·             To enable modal shift.

5.           That Council endorse the Transport System Operating Framework, v2 programme, which includes the following components:

i.             Refresh Investment Objectives.

ii.            Refresh Programme including 86 prioritised projects.

iii.          Revised Transport System Plan (TSP) Executive Summary, which has been updated to reflect the refresh.

Carried

 

12.7          Community Matching Fund 2023

Council considered a report dated 30 August 2023 from the Community Outcomes Advisor.  The report was taken as read.

 

Staff responded to questions as follows:

 

·        Applicants provided details of their labour costs to the panel once their project was completed, and the panel determined a fair rate for payment.

·        Advertising for the Community Matching Fund was done through usual Council channels, social media, and the website. Staff were available to support potential candidates and undertook workshops in locations across the district.

·        The distribution of money by ward varied each year, and was dependent on the projects put forward. There were 61 successful applicants out of approximately 70 applications.

Resolution  CL23-14.20

Moved:         Cr M Grainger

Seconded:   Cr R Joyce

1.             That the Community Outcomes Advisor’s report dated 30 August 2023 titled ‘Community Matching Fund Outcomes’ 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 note the 2023 Community Matching Fund distributions as follows:

 

General fund

Aongatete Outdoor Education Centre

 $ 4,000.00

Bowel Cancer Aotearoa NZ

 $ 3,000.00

Complex Chronic Illness Support Inc.

 $ 3,000.00

Drop Deep Skateboarding

 $ 8,000.00

Families Achieving Balance Charitable Trust

 $ 5,000.00

Friends of Te Ranga School

 $ 4,000.00

Graeme Dingle Foundation

 $ 5,000.00

Homes of Hope Charitable trust

 $ 7,750.00

Kaimai Canoe Club

 $ 4,000.00

Katikati A & P Society

 $ 5,000.00

Katch Katikati

 $ 1,000.00

Katikati Community Centre Charitable Trust

 $ 5,000.00

Katikati Innovative Horticulture Trust

 $ 3,000.00

Lions Club of Katikati

 $ 3,000.00

Men Making Miles Te Puke

 $ 3,000.00

Menzshed Katikati

 $ 3,347.00

Nga Kakano Foundation

 $ 3,000.00

ŌMOKOROA Football Club

 $ 1,269.20

ŌMOKOROA Library of Things

 $ 4,000.00

ŌMOKOROA Settlers Hall

 $ 2,202.00

Oropi School

$ 3,000.00

Otumoetai Te Puna Pony Club

$ 2,000.00

P.E.T Charitable Trust

$ 2,750.00

Paengaroa Community Hall Society

$ 1,150.00

People First NZ

$ 2,000.00

Pukehina Fishing Club

$ 1,750.00

Te Puke Heritage Group Inc.

$ 1,000.00

The Daily Charitable Trust Te Puke

$ 4,000.00

The Old Library ŌMOKOROA

$ 1,438.70

Wish for Fish

$ 2,000.00

Waikato Offroad Racing

$ 1,450.00

TOTAL

$100,107

 

Environmental fund

Friends of Kaimai Views

 $ 1,012.00

Grow On Katikati

 $ 6,000.00

Chrome Collective

 $ 3,037.00

Maketu Ongatoro Wetlands Society

 $ 5,000.00

Pest Free Sharp Road

 $ 5,000.00

Predator Free WAIHĪ Beach

 $ 6,728.86

Pukehina Residents & Ratepayers Association

 $ 1,435.79

Rotoehu Ecological Trust

 $ 10,185.00

Te Arawa Lakes Trust

 $4000.00

Te Ranga School

 $ 4,510.00

The Otanewainuku Kiwi Trust

 $ 1,420.44

Uretara Estuary (Project Parore)

 $ 4,471.12

Western Bay Heritage Trust - Western Bay Museum

 $ 1,200.00

Western Bay Heritage Trust - Western Bay Museum

 $ 6,000.00

TOTAL

$60,000

Carried

 

 

12.8         Tourism Bay of Plenty Statement of Intent 2023/24 to 2025/26

Council considered a report dated 30 August 2023 from the Community and Strategic Relationships Manager.  The report was taken as read.

 

Staff responded to questions as follows:

 

·        Councillors had been provided with the draft Tourism Bay of Plenty Draft Statement of Intent.  No changes had been requested. 

·        Tourism Bay of Plenty was working towards creating experiences in the Tauranga/Western Bay of Plenty area to attract tourists. Areas like Waihī Beach and Maketu could become destination stops for cruise ship tourist operators.

·        Tauranga City Council decided to provide additional funding to Tourism Bay of Plenty for a period of three years.  This had now ended, resulting in a reduction of funding.

·        Funding for Tourism Bay of Plenty would be discussed through the Long Term Plan process.

·        Bay of Plenty Regional Council required funding in the 2023/24 year for ‘The Green Room’ programme, which focused on sustainable business development for tourist operators.

Resolution  CL23-14.21

Moved:         Cr R Crawford

Seconded:   Cr T Coxhead

1.             That the Community and Strategic Relationships Manager’s report dated 30 August 2023 titled Tourism Bay of Plenty Statement of Intent 2023/24 to 2025/26, 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 the Tourism Bay of Plenty Statement of Intent 2023/24 to 2025/26, included as Attachment 1 to this report.

4.           That Council notes that Tauranga City Council, as joint shareholder, received the final Tourism Bay of Plenty Statement of Intent 2023/24 to 2025/26 at its Council meeting on 14th August 2023.

Carried

 

 

12.9          Annual Report on Dog Control Policy and Practices 2022-2023

Council considered a report dated 30 August 2023 from the Compliance and Monitoring Manager.  The report was taken as read.

 

Staff responded to questions as follows:

 

·        A team of five Animal Services Officers worked across the district to ensure dogs were registered, and that non-compliant owners had infringement notices sent to them.

·        In the past year, the number of known dogs decreased due to owners notifying Council that their dog was deceased, or that they were no longer in the district.

·        Expanding on-leash or leash free areas for dogs could be considered when the Dog Control Policy and Bylaw was reviewed.

·        The statutory report provided to the Department of Internal Affairs did not require Council’s dog euthanasia statistics.

·        Council endeavoured to adopt out as many dogs as possible.

 

Resolution  CL23-14.22

Moved:         Cr M Murray-Benge

Seconded:   Cr G Dally

1.             That the Compliance and Monitoring Manager’s report, dated 11 August 2023 titled ‘Annual Report on Dog Control Policy and Practices 2022-2023’ be received.

2.           That pursuant to Section 10A of the Dog Control Act 1996, the Western Bay of Plenty District Council Annual Report on Dog Control Policy, and Practices for 2022-2023 be adopted and publicly notified.

Carried

12.10        Annual Report on Western Bay of Plenty District Licensing Committee 2022-2023

Council considered a report dated 30 August 2023 from the Compliance and Monitoring Manager, who tool the report as read, summarising the main points.

 

Staff responded to questions as follows:

 

·        The revenues earned through alcohol licensing fees were prescribed by Central Government, and did not cover the costs of undertaking the licensing regulatory activities. Council had highlighted this to the Alcohol Regulatory and Licensing Authority.

·        Central Government was currently undertaking a review of the alcohol licensing fees.

·        In the last 12 months, there had been no lobbying activity regarding alcohol license applications. Legislation would soon change to allow anyone to object to an alcohol license application regardless of where they lived.

·        Council made a submission to the Sale and Supply of Alcohol Amendment Bill through the New Zealand Institute of Liquor Licensing Inspectors.

·        Te Puke and Maketu had a limit on the number of bottles stores allowed to operate in their respective areas. No new bottle stores could be established; however, owners could still sell their existing bottle store businesses.

·        An external contractor had been hired in 2022 to fill the role of Alcohol Licensing Inspector until a replacement could be hired.

Resolution  CL23-14.23

Moved:         Cr G Dally

Seconded:   Cr A Henry

That the Compliance and Monitoring Manager’s report dated 30 August 2023 titled ‘Annual Report on Western Bay of Plenty District Licensing Committee 2022-2023’ be received and the information noted.

Carried

 

12.11         Mayor's Report to Council

Council considered a report dated 30 August 2023 from the Senior Executive Assistant Mayor/CEO.  The report was taken as read.

 

Elected Members comments:

 

·        Councillors requested that future Mayor’s reports included a summary of his engagement at the Local Government New Zealand Conference, and a link to any relevant material.

·        A request was made for a breakdown of the Cyclone Gabrielle Disaster Relief Fund.

Resolution  CL23-14.24

Moved:         Cr M Grainger

Seconded:   Cr M Murray-Benge

That the Senior Executive Assistant to Mayor/CEO’s report dated 30 August 2023 titled ‘Mayors Report to Council’ be received.

Carried

 

13             Information for Receipt

13.1          Correspondence with the Ministry of Health regarding Fluoride

Council considered a report dated 30 August 2023 from the Senior Policy Analyst who took the report as read and noted the following point:

·        The infrastructure for fluoridation must be in place before 1 July 2025. Procurement processes for this project would need to start in early 2024.

Elected Members comment:

·        A request was made that staff provide a report to Councillors on whether there were grounds to pursue an interim injunction against the Director-General of Health’s directive to fluoridate water in Athenree. 

 

Resolution  CL23-14.25

Moved:         Cr M Grainger

Seconded:   Mayor J Denyer

That the Senior Policy Analyst’s report dated 30 August 2023, titled ‘Correspondence with the Ministry of Health Regarding Fluoride’, be received.

Carried

14            Resolution to Exclude the Public

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  CL23-14.26

Moved:         Mayor J Denyer

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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

14.1 - Confidential Minutes of the Council Meeting held on 20 July 2023

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

 

 the Meeting closed at 11:42am.

 

Confirmed as a true and correct record at the Council meeting held 3 October 2023.

 

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

Mayor J Denyer

CHAIRPERSON / MAYOR

 


Council Meeting Agenda

3 October 2023

 

10             Reports

10.1          Draft Speed Management Plan

File Number:             A5717452

Author:                        Calum McLean, Senior Transportation Engineer

Authoriser:                Cedric Crow, General Manager Infrastructure Services

 

Executive Summary

Council is required to produce a Speed Management Plan (SMP) under the Land Transport Rule: Setting of Speed Limits 2022.  This replaces the Speed Limit Bylaw and is the key tool used to determine speed limits on our local roading network. 

A range of factors have been used to determine appropriate speed limits including Waka Kotahi guidance on safe and appropriate speeds, community feedback and local knowledge.

The general approach to speed limits outlined in the SMP is 50 kilometres per hour (kph) for urban roads and 80 kph for rural roads, with exceptions including schools, marae, town centres and Council identified priority areas. 

Following consultation, Council is required to endorse the SMP for certification by the Waka Kotahi Director of Land Transport. The SMP is then incorporated into a Regional Speed Management Plan for the Bay of Plenty.

Recommendation

1.   That the Senior Transportation Engineer report dated 3 October 2023, titled ‘Draft Speed 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 Council adopt the Draft Speed Management Plan included in Attachment 1 for consultation.

 

Background

The SMP outlines the approach to managing speed on Council’s local roading network.   

This is the first SMP for the Western Bay of Plenty district and is required under the Land Transport Rule: Setting of Speed Limits 2022. This Rule has been developed to give effect to Road to Zero, the national road safety strategy. 

The SMP identifies areas for improved speed management by outlining proposed speed limit reductions that will take place over the next ten years, with a focus on the first three years.

Following consultation, the SMP is required to be submitted to the Director of Land Transport for certification then included in the Regional Speed Management Plan.

The cost of implementing the SMP is shared between Council and Waka Kotahi as the agent for the New Zealand Government. The guidelines for receiving this funding include the requirement for projects to support speed management and a reduction in death and serious injuries.  The first review of the SMP will occur in 2026/2027.

Draft Speed Management Plan

A safe and appropriate speed limit aims to minimise the risk of fatal and serious injury to all road users by reducing impact speeds and crash forces.  Waka Kotahi have identified safe and appropriate speed limits for different road categories to achieve Road to Zero objectives, the national road safety strategy.

Approximately 10% of the local roading network currently complies with safe and appropriate speeds recommended by Waka Kotahi.

In determining what constitutes an appropriate speed limit for each road section Council has applied a range of factors as follows:

·     The safe and appropriate speed (as identified by Waka Kotahi),

·     Community feedback, and

·     Local knowledge. 

The general approach to speed limits outlined in the SMP is 50 kph for urban roads and 80 kph for rural roads, with exceptions including schools, marae, town centres and community identified priority areas. 

Priorities for speed limit reductions and safety improvements over the next three years focus on:

·     Urban and rural schools,

·     Marae,

·     Areas identified by the community as requiring a speed limit reduction, and

·     Areas where there is a high concentration of people such as town centres.

Full implementation of this SMP will increase compliance with safe and appropriate speeds set by Waka Kotahi from 10% to 21%.  It is acknowledged that the benefits intended by Road to Zero and the Waka Kotahi recommended speed limits may not be fully realised on our local roading network, and that there is a risk that the draft SMP may not be approved by Waka Kotahi.  However, Council considers that its important to reflect local knowledge of the roading network and respond to community feedback in this regard, in addition to consideration of nationally applied standards. 

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 medium significance because the SMP applies to the district local roading network therefore affects a large part of the community that utilise this network, some community views are already known from previous engagement processes, and there is a legal requirement to engage with the community.

Engagement, Consultation and Communication

Engagement with iwi and hapū, schools/kura, Waka Kotahi, the community and key stakeholders has helped to develop the SMP so that it best supports the needs of the community and improves road safety outcomes.

Engagement feedback that has been used to inform the draft SMP has included:

·     Meetings with school principals/Board of Trustees.

·     Meetings with iwi and hapū (ongoing).

·     Meetings with the community boards as part of the Long Term Plan process.

·     Tō wāhi feedback from May/June 2023 asking which roads the community would like to see speed limit reductions on.

·     Feedback received from the 2022 review of the Speed Limit Bylaw.

Consultation on the draft SMP will occur for a four week period from 26 October to 23 November 2023. A summary document will be developed along with maps outlining the proposed changes, with the ability to pin comments on these maps.


 

Issues and Options Assessment

Option A

That Council adopt the Draft Speed Management Plan included in Attachment 1 for consultation.

Assessment of advantages and disadvantages including impact

on each of the four well-beings:

 

-    Economic

-    Social

-    Cultural

-    Environmental

-   Required to be developed to set speed limits for the district.

-   Considers a range of factors in determining speed limits that are considered appropriate for the district.

-   Reflects community feedback to date. 

-   Focusses on areas considered to be a high priority including schools, marae and town centres.

-   Risk of the SMP not being certified or approved by Waka Kotahi as a range of factors have been used to consider speed limit requirements meaning some road sections will have a speed limit that aligns with the safe and appropriate speed, and others will be higher or lower.

Costs (including present and future costs, direct, indirect and contingent costs).

The implementation plan will be used to develop a forward works programme for Road to Zero, and funding will be sought for works to support speed management on these roads. The majority of implementation is intended to be funded via the low cost, low risk bulk fund.

Option B

That Council does not adopt the Draft Speed Management Plan included in Attachment 1 for consultation.

Assessment of advantages and disadvantages including impact

on each of the four well-beings:

 

-    Economic

-    Social

-    Cultural

-    Environmental

-   Current speed limits apply.

-   Any changes required to go through an approval process via Waka Kotahi and may require consultation.

-   Impact’s ability to secure funding for speed limit changes and safety improvements.

-   Impacts the ability to meet school targets by 2027. The Rule requires that we make reasonable efforts to reduce speed limits around all schools by end of December 2027 (100%), with an interim target of 40% of schools by 30 June 2024

Costs (including present and future costs, direct, indirect and contingent costs).

Constrains ability to secure funding for speed limit changes and safety improvements.

Statutory Compliance

The SMP is required under Section 3 of the Land Transport Rule: Setting of Speed Limits 2022.

Funding/Budget Implications

Budget Funding Information

The implementation plan will be used to develop a forward works programme for Road to Zero, and funding will be sought for works to support speed management on these roads.

The majority of implementation is intended to be funded via the low cost, low risk bulk fund.

 

 

Attachments

1.         Draft Speed Management Plan (2023) - for consultation  

 


Council Meeting Agenda

3 October 2023

 






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Council Meeting Agenda

3 October 2023

 

10.2         Formal Declaration of Neena Chauhan for Appointment to the Te Puke Community Board.

File Number:             A5715723

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Executive Summary

The purpose of this report is to enable newly elected Te Puke Community Board member Neena Chauhan to make an oral and written declaration (witnessed and signed), in order to act as a member of a local authority, in accordance with clause 14(1) of Schedule 7 of the Local Government Act 2002.

 

Recommendation

1.       That the Senior Governance Advisor’s report dated 3 October 2023 titled ‘Formal Declaration of Neena Chauhan for Appointment to the Te Puke Community Board’ be received.

2.       That the oral and written declaration by Neena Chauhan is witnessed and signed by Mayor James Denyer.

 

Background

1.       Nominations for the extraordinary vacancy on the Te Puke Community Board closed at lunchtime, Thursday 7 September 2023.  One nomination was received for Neena Chauhan.

2.       As there was only one candidate, Neena was declared duly elected to the Te Puke Community Board.

3.      In accordance with clause 14(1) of Schedule 7 of the Local Government Act 2002, the successful candidate may not act as a member of a local authority until they have made an oral declaration, and the Chairperson, Mayor or the Chief Executive Officer, witnesses the signing of the declaration.

4.      Neena Chauhan is to make an oral declaration and a written declaration, to be witnessed and signed by the Mayor James Denyer, at this Council meeting in order to formally act as a member of the Te Puke Community Board.

Attachments

1.         Declaration of Neena Chauhan for Appointment to the Te Puke Community Board  

 


Council Meeting Agenda

3 October 2023

 


 


Council Meeting Agenda

3 October 2023

 

10.3         Te Puke War Memorial Hall Lease 2021-2051

File Number:             A5712214

Author:                        Joanne Hin, Legal Property Officer Reserves & Facilities

Authoriser:                Cedric Crow, General Manager Infrastructure Services

 

Executive Summary

A new lease is required to be entered into with Te Puke War Memorial Hall Society Incorporated (TPWMHSI) to continue their tenure at the hall site.

Recommendation

1.    That the Legal Property Officer’s report dated 3 October 2023 titled “Te Puke War Memorial Hall Lease 2021-2051” 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.   Council, in its capacity as administrating body of Part Lots 1 and 2 on Deposited Plan 13811 and Part Lot 1 on Deposited Plan 36300 contained in Record of Title SA50D/620 South Auckland Registry, grants Te Puke War Memorial Hall Society Incorporated a land lease of approximately 1772m² for the purpose of a Community Hall from 1 September 2021 to 31 August 2026 with the ability to renew the lease 5 more times for a period of 5 years each.

4.   Council, in its capacity as administrating body of Part Lots 1 and 2 on Deposited Plan 13811 and Part Lot 1 on Deposited Plan 36300 contained in Record of Title SA50D/620 South Auckland Registry, does not grant Te Puke War Memorial Hall Society Incorporated a land lease of approximately 1772m² for the purpose of a Community Hall from 1 September 2021 to 31 August 2026 with the ability to renew the lease 5 more times for a period of 5 years each.

 

Background

In 2001 an agreement was entered into between Council and the then Te Puke Hall Society Incorporated for the transfer of ownership of the hall building.  A lease of the land was also entered into.  The Te Puke Hall Society changed its name to Te Puke War Memorial Hall Society Incorporated on 9 November 2012. 

The lease expired 1 September 2021.  There was discussion with the chairperson and committee over the lease conditions over time and the committee have now agreed to the lease conditions as presented.

 

The lease document reflects that the lease commenced on 1 September 2021 and for a 5 year term, with the ability to renew the lease five more times for a period of five years each, ending 31 August 2051.

If Council requires the land for other Council purposes, the lease allows for Council to give 6 months notice to end the tenancy.

Significance and Engagement

In terms of the Significance and Engagement Policy this decision is considered to be of low significance because the lease has already been consulted on as part of the Te Puke War Memorial Hall Reserve Management Plan 2022, refer attachment 1.  The RMP records that a lease is in place and further states that Council will continue to support future opportunities for development of the hall.

Engagement, Consultation and Communication

The lease is contemplated in the Reserve Management Plan (RMP) for the Te Puke Maketu Ward.  The RMP for Te Puke War Memorial Hall, refer attachment 1 states the policy is to continue to support future opportunities for development of the hall.  The TPWMHSI are fundamental to this.  The first term of the lease will expire 31 August 2026 with five further terms of five years each with the lease expiring 31 August 2051.

Issues and Options Assessment

Option A

Council, in its capacity as administrating body of Part Lots 1 and 2 on Deposited Plan 13811 and Part Lot 1 on Deposited Plan 36300 contained in Record of Title SA50D/620 South Auckland Registry, grants Te Puke War Memorial Hall Society Incorporated a land lease of approximately 1772m² for the purpose of a Community Hall from 1 September 2021 to 31 August 2026 with the ability to renew the lease 5 more times for a period of 5 years each.

 

Assessment of advantages and disadvantages including impact

on each of the four well-beings

·      Economic

·      Social

·      Cultural

·      Environmental

The hall is Te Puke’s largest venue.  It provides wide ranging community benefits.  It is used socially, recreationally, and educationally. Current regular use includes Taichi, Taekwondo, fitness classes, pre school and children’s dance classes, and the Te Puke Kiwicoast Lions annual book fair amongst other things.  The hall is also able to be booked by community groups and for birthday and wedding celebrations.

Costs (including present and future costs, direct, indirect, and contingent costs).

The Hall committee benefits from the hall targeted rate of $32.64 plus GST from approximately 4594 residents of the Te Puke area.  Other income comes from hall bookings, donations, and grants.


 

Option B

Council, in its capacity as administrating body of Part Lots 1 and 2 on Deposited Plan 13811 and Part Lot 1 on Deposited Plan 36300 contained in Record of Title SA50D/620 South Auckland Registry, does not grant Te Puke War Memorial Hall Society Incorporated a land lease of approximately 1772m² for the purpose of a Community Hall from 1 September 2021 to 31 August 2026 with the ability to renew the lease 5 more times for a period of 5 years each.

Assessment of advantages and disadvantages including impact

on each of the four well-beings

·      Economic

·      Social

·      Cultural

·      Environmental

A well used community space will be lost to Te Puke and surrounds.

Costs (including present and future costs, direct, indirect, and contingent costs).

The community would not need to contribute to a targeted rate.

Statutory Compliance

The land on which the hall is situated is a local purpose reserve (community use) pursuant to the Reserves Act 1977.  The Act itself does not require public consultation for any leases under section 61.  Section 61(2A)(a) allows Council as the administering body, in the case of a local purpose reserve that is vested in the administering body, lease all or any part of the reserve to any person, body, voluntary organisation, or society (whether incorporated or not) for a community building.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

 

The Hall committee currently benefits from the hall targeted rate The hall targeted rate of $32.64 plus GST will be received from approximately 4594 residents of the Te Puke area, the 2023/24 year to receive $149,936.67 plus GST.

 

 

Attachments

1.         Te Puke War Memorial Hall Reserve Management Plan 2022  

 


Council Meeting Agenda

3 October 2023

 


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Council Meeting Agenda

3 October 2023

 

10.4         Petition Calling for a Citizens Initiated Referenda on State Highway Maintenance

File Number:             A5715928

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Executive Summary

The purpose of this report is for Council to consider whether to support New Plymouth District Council’s petition (Attachment 1) calling for a Citizens Initiated Referenda relating to the maintenance of state highways, by making the petition available for members of the public to sign at district libraries and service centres.

 

Recommendation

1.       That the Senior Governance Advisor’s report dated 3 October 2023 titled ‘Petition Calling for a Citizens Initiated Referenda on State Highway Maintenance’ 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 Council supports New Plymouth District Council’s petition calling for a Citizens Initiated Referenda by making the petition available for members of the public to sign at district libraries and service centres.

Or

4.      That Council does not support the petition.

 

 

Background

1.       Local Government New Zealand (LGNZ) members recently agreed to support the following remit with around 98% of the membership in agreement:

·      That LGNZ publicly lobby all political parties to increase Crown funding for state highway and local road maintenance budgets; and

·      Consider and pursue other avenues including the Office of the Auditor General to seek resolution of the issues facing the country in relation to the systemic rundown of our national roading infrastructure.

 

 

2.       Waka Kotahi’s maintenance and renewal programme has been insufficient to maintain asset health measured via the average remaining seal life. There are numerous media reports about the issues being faced across New Zealand.


 

3.      Graph 1 (above) shows the average remaining seal life of state highways by region.

4.      This information was obtained under the Official Information Act 1982 from Waka Kotahi. It shows the significant decline in the average seal life of state highways.

5.      Nationally, the average remaining life in 2010 was 3.6 years. In 2018, this declined to around 1.8 years and remains steady. However, at a regional level there are large discrepancies.

6.      The issue nationally is predominantly with chipseal roads rather than asphalt mix, with some exceptions. In 2023, across chipseal roads, five regions have an average remaining life of less than one year, with Hawke’s Bay’s roads below zero. Within asphalt roads, Southland set an unfortunate record with an average remaining life of -2.5 years. Graph 2 (attached) shows the average remaining life of different surface types by region today.

7.       Last year LGNZ commissioned Infometrics to undertake a report into trends in road transport funding. That report noted that funding for roads per kilometre travelled only increased by 0.8% p/a in the five years to 2021, whilst construction costs increased 1.1% p/a in the same five years. That report ended its analysis in 2021.

8.      With considerable cost inflation over the past two years and decreased land transport revenue due to Covid-19, it is almost certain that the funding gap has grown even further. Inflation for Heavy and Civil Engineering Construction peaked at 15.1% pa in the September 2022 quarter. That increased funding gap to roads is likely to result in even further pressure on state highway maintenance and lifespans.

9.      The national stabilisation of the average remaining life of state highways may falter in the coming years, seeing further downward movement. Such a decrease will see more parts of the state highway network fail.

10.     This year the Government is developing its next Government Policy Statement (GPS) on Land Transport. The GPS sets the funding buckets for Waka Kotahi. Influencing the development of the next GPS is one key way in which to ensure regional state highways do not continue to deteriorate. The Land Transport Management Act 2003 specifically states the Minister must regard the views of LGNZ.

11.      An important step in resolving the current state highway pavement crisis is engagement with the public to clarify expectations. Members of our community deserve an opportunity to communicate their views on the maintenance of our roading infrastructure.  

12.     To accelerate and facilitate this discussion, New Plymouth District Council (NPDC) has initiated the process to trigger a Citizens Initiated Referenda, focused on New Zealand's state highway network maintenance.  

13.     The wording, as approved by the Clerk of the House of Parliament (Attachment 2), is as follows:

‘Should the New Zealand government fund road maintenance at levels sufficient to reverse the current decline in the average age and condition of our national state highway network?’  

14.     The goal of the petition is to ask the question and let New Zealanders and the political parties who wish to lead the country through the next term of parliament, answer it.  

15.     NPDC is seeking to collaborate with councils across the country, asking them to discuss and debate whether they wish to make the petition accessible in council service centres and other facilities throughout Aotearoa. 

16.     The objective is to provide as many Kiwis as possible with the opportunity to express their views and send a clear message to all members of parliament about their stance on this crucial aspect of our daily lives.  

Significance and Engagement

17.     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.

18.     The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.

19.     In terms of the Significance and Engagement Policy this decision is considered to be of medium significance because road maintenance and safety issues are of public interest across our district.

Engagement, Consultation and Communication

 

Interested/Affected Parties

Completed/Planned
Engagement/Consultation/Communication

 

Name of interested parties/groups

Residents and ratepayers of the Western Bay of Plenty District.  Petition could be made available to sign in Council’s libraries and service centres.  Social media channels utilised to raise awareness of opportunity to sign petition.

Planned

Completed

Tangata Whenua

Iwi and hapū of the Western Bay of Plenty District.  Petition could be made available to sign in Council’s libraries and service centres.  Social media channels utilised to raise awareness of opportunity to sign petition.

 

Issues and Options Assessment

 

Option A

That Council supports New Plymouth District Council’s petition calling for a Citizens Initiated Referenda by making the petition available for members of the public to sign at district libraries and service centres.

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

 

If Council supports the petition in district libraries and service centres it would provide Western Bay of Plenty residents with an opportunity to sign a petition that allows them to express their views on a more sustainable funding model for roading infrastructure maintenance.

Costs (including present and future costs, direct, indirect and contingent costs).

 

Nil

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

None

Option B

That Council does not support the petition

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

 

If Council does not support the petition being made available in district libraries and service centres it would not provide Western Bay of Plenty residents with an easily accesible opportunity to sign a petition that allows them to express their views on a more sustainable funding model for roading infrastructure maintenance.

Costs (including present and future costs, direct, indirect and contingent costs).

 

Nil

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

Nil

Statutory Compliance

20.    Option 1 meets the purpose of local government in the Local Government Act 2002 to ‘promote the social, economic, environmental, and cultural well-being of communities in the present and for the future’ through advocating for an opportunity for all New Zealanders to express their views on a more sustainable funding model for roading infrastructure maintenance.

Funding/Budget Implications

21.     There are no financial implications involved for making printed copies of the petition available.

Attachments

1.         Petition Calling for State Highway Maintenance Referenda

2.        Letter from Clerk of the House of Representatives   


Council Meeting Agenda

3 October 2023

 


Council Meeting Agenda

3 October 2023

 


Council Meeting Agenda

3 October 2023

 

10.5         Community Committee - Change to Terms of Reference

File Number:             A5717263

Author:                        Carolyn Irvin, Senior Governance Advisor

Authoriser:                Rachael Davie, Deputy CEO/General Manager Strategy and Community

 

Executive Summary

1.       This report outlines proposed changes to the Terms of Reference for the Community Committee and seeks that Council approve such changes.

 

Recommendation

1.       That the report of the General Manager Strategy and Community dated 3 October 2023 titled ‘Community Committee – Change to Terms of Reference’ be received.

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

3.      That Council approves the proposed changes to the Terms of Reference for the Community Committee as set out in Attachment 1 to this report.

 

Background

2.       On 25 July 2023 Council adopted its community outcomes and strategic priorities for the Long Term Plan 2024-2034.  It has subsequently become apparent that our existing committee structure does not provide an obvious avenue for reporting on the work that is occurring to progress community-led outcomes delivery across the breadth of the four wellbeing’s.

3.      The proposed changes to the Community Committee terms of reference are considered purposeful in creating better alignment with Council’s community outcomes and its strategic priorities, in particular, Empowering Communities, Enabling Housing and Responding to Climate Change.

4.      Accordingly, it is recommended that the terms of reference for the Community Committee be expanded so that the role of the Committee involves maintaining an overview of and making recommendations to other committees in relation to community-led outcomes delivery, local housing systems plan delivery, local climate change plan delivery, administering specific funds of Council (such as the Community Matching and Facilities in the Community funds), and continuing to receive reports from convenors of community forums.

5.      The proposed Terms of Reference are included as Attachment 1 to this report.

 

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.

7.       The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.

8.      In terms of the Significance and Engagement Policy this decision is considered to be of low significance because clause 30 of Schedule 7 to the Local Government Act 2002 expressly enables the Mayor and Councillors to make changes to committee structure, including terms of reference without the requirement for community engagement.  

Engagement, Consultation and Communication

9.      No community engagement is proposed.

Issues and Options Assessment

10.     Council has two practicable options to consider.  The first is to approve the proposed amendments to the terms of reference and the second is to maintain the status quo and leave the terms of reference unchanged. 

Option A

That Council approves the proposed changes to the Terms of Reference for the Community Committee as set out in Attachment 1 to this report.

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

Advantages:

§ The proposed changes provide an avenue for transparently reporting on community-led outcome delivery and other programmes and projects that impact the wellbeing of our community.

§ Aligns with Council’s community outcomes and strategic priorities.

§ Complements the role and scope of other committees.

Disadvantages

§ There are no disadvantages.

Costs (including present and future costs, direct, indirect and contingent costs).

There are no cost implications relating to the proposed changes to the terms of reference for the Community Committee.

Option A

That Council does not approve the proposed changes to the Terms of Reference for the Community Committee as set out in Attachment 1 to this report.

Assessment of advantages and disadvantages including impact on each of the four well-beings

·    Economic

·    Social

·    Cultural

·    Environmental

Advantages

§ Council’s overall committee structure remains unchanged.

Disadvantages

§ There is currently no committee to which a number of community-led matters can be reported.  If the committee structure remains unchanged Council will not receive valuable insight into the work that is happening with community.

§ Missed opportunity to better align committee structure/terms of reference to Council’s adopted community outcomes and strategic priorities.

Costs (including present and future costs, direct, indirect and contingent costs).

No cost implications.

Statutory Compliance

11.      Complies with the requirements of the clause 30 of Schedule 7 to the Local Government Act 2002.

12.     Creates better committee alignment with Council’s adopted community outcomes and strategic priorities.

Funding/Budget Implications

13.     There are no funding implications associated with this decision.

 

Attachments

1.         Community Committee Terms of Reference  

 


Council Meeting Agenda

3 October 2023

 


 


Council Meeting Agenda

3 October 2023

 

10.6         Mayor's Report to Council

File Number:             A5718920

Author:                        Charlene Page, Senior Executive Assistant Mayor/CEO

Authoriser:                James Denyer, Mayor

 

Executive Summary

The purpose of this report is for the Mayor to provide an update to Council on the below subjects.

Recommendation

That the Senior Executive Assistant to Mayor/CEO’s report dated 3 October 2023 titled
‘Mayors Report to Council’ be received.

 

Background

SmartGrowth

The SmartGrowth Leadership Group adopted the draft SmartGrowth Strategy on 13 September for consultation from 18 September to 20 October. The Strategy is a 50-year plan that sets the vision and objectives for our sub-region and considers how urban form, tangata whenua values and aspirations, infrastructure, transport, community development and the environment can be considered together.

 

Future for Local Government

Following direction given by council delegates at the Local Government New Zealand Conference in July, LGNZ is seeking to build consensus on the Future for Local Government recommendations. This will take place at a series of meetings in Wellington on 17 and 18 September. A verbal update will be provided.

 

Bay of Plenty Civil Defence Emergency Management Group Plan

Mayor Denyer sat on the hearings panel for the BOPCDEM Group Plan 2023-2028 on 4 September. This Plan sets the direction and strategy for the CDEM Group for the next five years. It is intended that the Plan will be approved at a meeting on 29 September for ministerial review. This will be the culmination of work that started in early 2022.

 

State Highway 29

It was pleasing to see that through the draft Government Policy Statement on Land Transport (GPS), the government has identified SH29 (Tauranga to Tauriko) as a strategic project. This upgrade has been strongly supported by TCC, WBOPDC and BOPRC.

 

The project has also achieved cross-party support, with the National Party promising the upgrade as a road of national significance. This follows numerous meetings with Ministers and MPs of various parties to make a strong case for the necessity of the upgrade. Takitimu North Link Stage 2 (TNL2) is also being vigorously pursued.

 

Meetings

External functions and meetings attended by me between 7 August and 13 September include:

Mayor Toby Adams, Mayor Len Salt, Scott Simpson MP

and Simon Watts MP, Thames                                                                               7 August

Mayor/Chairs/CEO catch up, Tauranga                                                             8 August

Michael Pittar                                                                                                            10 August

Mayoral Forum, Rotorua                                                                                         11 August

Western Bay Museum exhibition opening, Katikati                                           11 August

Te Puke Volunteer Fire Brigade honours night, Te Puke                                    12 August

Scott Simpson MP, Simeon Brown MP, Katikati                                                   14 August

SociaLink AGM, Tauranga                                                                                       15 August

Whakamarama Community Inc. AGM, Whakamarama                                 16 August

Moana Radio interview                                                                                           18 August

Civil Defence Emergency Management Group JC briefing, Zoom                18 August

Transport System Operating Framework v2 presentation, Tauranga          18 August

SmartGrowth Strategy briefing, Tauranga                                                         18 August

NewstalkZB interview                                                                                               18 August

MTFJ careers coach bus visit, Te Puke                                                                 21 August

John Clements, Zoom                                                                                            23 August

Western Bay of Plenty Health Foundation launch, Tauranga                         24 August

Te Tiriti based Multicultural Day celebration, Tauranga                                  25 August

CDEM Group Plan pre-hearing briefing, Tauranga                                           30 August

Forest & Bird lecture, Nicola Toki, Tauranga                                                       30 August

Te Puke Cycleway community information drop-in session, Te Puke          31 August

Seeka’s opening of Turanga Whetu accommodation, Katikati                      1 September

Waihi Beach Stormwater Liaison Group meeting, Katikati                              1 September

Merchant Navy Commemoration Day, Mt Maunganui                                    3 September

Zespri AIMS Games opening ceremony, Tauranga                                 3 September

CDEM Group Plan public hearings and deliberation                               4 September

Ben Warren, Richard Gerrish, Tauranga                                                    4 September

Service delivery contractor’s expo                                                             5 September

Tompkins Wake public lecture:

Tikanga and NZ’s Legal System, Tauranga                                               6 September

Tiny House Builders open day, Katikati                                                      9 September

Glenn Williams, Te Puke Volunteer Fire Brigade farewell, Te Puke        9 September

TCC/BOPRC/WBOPDC future development discussion                          11 September

Standard & Poor’s meeting, Tauranga                                                      12 September                          

 

   

 


Council Meeting Agenda

3 October 2023

 

11              Information for Receipt

12             Resolution to Exclude the Public

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Confidential Minutes of the Projects and Monitoring Committee Meeting held on 8 August 2023

s7(2)(f)(ii) - the withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of Council members, officers, employees, and persons from improper pressure or harassment

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.2 - Confidential Minutes of the Audit, Risk and Finance Committee Meeting held on 15 August 2023

s7(2)(f)(ii) - the withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of Council members, officers, employees, and persons from improper pressure or harassment

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Confidential Minutes of the Council Meeting held on 30 August 2023

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.4 - Mayor's Recommendatory Report

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7