|
23 May 2024 |
MINUTES OF Western Bay of Plenty District
Council
Council Meeting No. CL24-4
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Thursday, 23 May 2024 AT 9.30am
|
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, Deputy Mayor J Scrimgeour, Cr T Coxhead, Cr G Dally, Cr M Grainger, Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Cr A Sole, Cr D Thwaites and Cr A Wichers.
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 Group), P Watson (Reserves and Facilities Manager), K Little (Operations Manager), G Golding (Governance Manager), H Wi Repa (Governance Systems Advisor), P Osborne (Senior Governance Advisor).
VIA ZOOM
R Leahy (Governance Advisor)
|
Resolution CL24-4.1 Moved: Cr A Henry Seconded: Cr T Coxhead That the apology for lateness from Cr G Dally be accepted. |
Nil
Nil
Nil
Nil
9 Community Board Minutes for Receipt
|
9.1 Minutes of the Katikati Community Board Meeting held on 3 April 2024 |
|
Resolution CL24-4.2 Moved: Cr R Joyce Seconded: Cr A Henry That the Minutes of the Katikati Community Board Meeting held on 3 April 2024 be received. |
|
9.2 Minutes of the Ōmokoroa Community Board Meeting held on 9 April 2024 |
|
Resolution CL24-4.3 Moved: Cr M Grainger Seconded: Cr D Thwaites That the Minutes of the Ōmokoroa Community Board Meeting held on 9 April 2024 be received. |
|
9.3 Minutes of the Te Puke Community Board Meeting held on 11 April 2024 |
|
Resolution CL24-4.4 Moved: Deputy Mayor J Scrimgeour Seconded: Cr A Wichers That the Minutes of the Te Puke Community Board Meeting held on 11 April 2024 be received. |
|
9.4 Minutes of the Maketu Community Board Meeting held on 16 April 2024 |
|
Resolution CL24-4.5 Moved: Deputy Mayor J Scrimgeour Seconded: Cr M Murray-Benge That the Minutes of the Maketu Community Board Meeting held on 16 April 2024 be received. |
|
9.5 Minutes of the Waihī Beach Community Board Meeting held on 22 April 2024 |
|
Resolution CL24-4.6 Moved: Cr A Sole Seconded: Cr A Henry That the Minutes of the Waihī Beach Community Board Meeting held on 22 April 2024 be received. |
10 Council and Committee Minutes for Confirmation
|
10.1 Minutes of the Extraordinary Council Meeting held on 6 March 2024 |
|
Resolution CL24-4.7 Moved: Mayor J Denyer Seconded: Deputy Mayor J Scrimgeour 1. That the Minutes of the Extraordinary Council Meeting held on 6 March 2024 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. |
|
10.2 Minutes of the Strategy and Policy Committee Meeting held on 28 March 2024 |
|
Resolution CL24-4.8 Moved: Mayor J Denyer Seconded: Cr A Henry That the Minutes of the Strategy and Policy Committee Meeting held on 28 March 2024 be confirmed as a true and correct record and the recommendations therein be adopted. |
|
10.3 Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 19 March 2024 |
|
Resolution CL24-4.9 Moved: Deputy Mayor J Scrimgeour Seconded: Mayor J Denyer That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 19 March 2024 be confirmed as a true and correct record and the recommendations therein be adopted. |
|
10.4 Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 2 April 2024 |
|
Resolution CL24-4.10 Moved: Deputy Mayor J Scrimgeour Seconded: Cr A Henry
That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 2 April 2024 be confirmed as a true and correct record and the recommendations therein be adopted. |
|
10.5 Minutes of the Community Committee Meeting held on 3 April 2024 |
|
Resolution CL24-4.11 Moved: Cr M Murray-Benge Seconded: Cr T Coxhead That the Minutes of the Community Committee Meeting held on 3
April 2024 be confirmed as a true and correct record and the recommendations
therein be adopted. |
|
Resolution CL24-4.12 Moved: Mayor J Denyer Seconded: Deputy Mayor J Scrimgeour 1. That the Minutes of the Council Meeting held on 4 April 2024 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. |
9.35am Cr G Dally entered the meeting.
11 Council and Committee Minutes for Receipt
|
11.1 Minutes of the Te Puke Spatial Plan Sub Committee Meeting held on 22 November 2023 |
|
Resolution CL24-4.14 Moved: Deputy Mayor J Scrimgeour Seconded: Cr A Wichers That the Minutes of the Te Puke Spatial Plan Sub Committee Meeting held on 22 November 2023 be received. |
|
11.2 Minutes of the Te Puke Spatial Plan Sub Committee Meeting held on 18 April 2024 |
|
Resolution CL24-4.15 Moved: Deputy Mayor J Scrimgeour Seconded: Cr M Grainger That the Minutes of the Te Puke Spatial Plan Sub Committee Meeting held on 18 April 2024 be received. |
|
12.1 Convey Water and Electricity Easement over the Te Rereatukahia Stream Reserve in favour of 27 Thomas Road, Katikati |
|
Council considered a report dated 23 May 2024 from the Reserves and Facilities Manager, who provided a brief overview. Staff responded to pātai as follows: · Traditionally Council did not charge for an easement to access a water source. It would be unfair to charge for that, as it was the only way to get to the water source. Case law had set a precedent for this. · Council was in negotiations with the owner regarding the avocado trees. The owner of the orchard was maintaining Council land at no cost, which was being considered in the negotiations. · The irrigation and water pipe had been there illegally. The new owner was trying to be a good operator by legitimising the situation. · There was currently no public access to the reserve. The health and safety risk to members of the public was low. Council could require the operator to install health and safety signage to inform members of the public of any risks. · The public use of Council land overrode private use, this easement was for a 10-year period. If in future Council wanted to connect a walkway to the area it could do so. |
|
Resolution CL24-4.16 Moved: Cr M Murray-Benge Seconded: Cr T Coxhead 1. That the Reserves and Facilities Managers’ report dated 23 May 2024 titled ‘Convey Water and Electricity Easement over Te Rereatukahia Stream Reserve in favour of 27 Thomas Road, Katikati’ be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That pursuant to the authority delegated by the Minister of Conservation to the Western Bay of Plenty District Council, and the provisions of Section 48 of the Reserves Act 1977, Council hereby grant consents to the creation of a water and electricity easement shown on the attached plan (Attachment 1 of this report) to allow Lot 2 DPS 69636 to convey water and electricity over Lot 3 DPS 69636.
|
|
12.2 Vesting of I'Anson Reserve in Council from Queen Elizabeth II Trust |
|
Council considered a report dated 23 May 2024 from the Reserves and Facilities Manager, who took the report as read Staff responded to pātai as follows: · Pirirākau had requested a Joint Management Agreement for the Reserve (Tabled Item 1) with WBOPDC . Council had engaged with Pirirākau on this matter. Pirirākau had some aspirations for their involvement in reserves. A transfer of ownership with Tahataharoa Reserve was underway and any learnings from that could be applied to future co-management arrangements. · I’Anson Reserve was not classified as a reserve under the Reserves Act 1977. The Queen Elizabeth II (QEII) Trust would like a covenant implemented to protect the original intentions of the land. If the land was accepted, the Reserve would fall under the Kaimai Ward Reserves Management Plan and consideration to its classification would be reviewed through that process. · The Reserve may have formed part of the land confiscation in 1865. Pirirākau supported the Reserve remaining as a protected area. · The land did not currently have a covenant on it, as the QEII Trust currently owned the land. The Trust would like a covenant put in place before the transfer was to occur. · Best practice would be to classify the reserve under the Reserves Act 1977, however if that was not possible, there were protections under the Local Government Act 2002 in relation to the management of reserves. The Reserve could be classified through the Reserves Management Plan process. · Waka Kotahi (NZTA) had requested a portion of the stream for road realignment for the Takitimu North Link project. The increase in hard surfaces would result in a rise in stormwater upstream of I’Anson Reserve. Friends of I’Anson Reserve and the QEII Trust had been working with Waka Kotahi on a compensation package. Council staff were satisfied with the mitigation package and compensation to upgrade some of the tracks in the area. · The QEII Trust would step away from the management of the Reserve once it had been transferred. Tabled Item 1 – Pirirākau Assessment in Response to I’Anson Reserve. |
|
Resolution CL24-4.17 Moved: Cr D Thwaites Seconded: Cr M Murray-Benge 1. That the Reserves and Facilities Manager’s report dated 23 May 2023 titled ‘Vesting of I’Anson Reserve in Council from Queen Elizabeth ll Trust’, 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 accepts the offer from the Queen Elizabeth ll National Trust to transfer ownership of I’Anson Reserve to Council, subject to a relevant covenant being registered on the title prior to transfer. 4. That the Council formally acknowledge the generous offer of the transfer and good work that the Queen Elizabeth ll National Trust undertakes in the Bay of Plenty Region in protecting indigenous biodiversity for future generations. 5. That Tabled Item 1 be received, and Council acknowledge the aspirations of Pirirākau for future negotiations.
|
|
12.3 Request for funds from the Katikati Town Centre Development Fund - Market Square Development Project |
|
Council considered a report dated 23 May 2024 from the Operations Manager. The Operations Manager and General Manager Infrastructure Services spoke to the report by providing an overview of the request, project concept plan and phasing timeline. Staff responded to pātai as follows: · One of the main outcomes from the Town Centre Plan was to improve the connectivity of between the War Memorial Hall and Pātuki Manawa Digital Hub. The design would enable connectivity and an open market square. · Funding for Stage 2 of the project could be raised by the community. · The project may qualify for TECT funding however, there were issues around future funding for Stage 2 and 3 of the project and obtaining the land. The owners of the carpark did not want to sell at this time. · There was currently no funding in the Long Term Plan for the Stage 2 and 3. |
|
Resolution CL24-4.18 Moved: Cr R Joyce Seconded: Cr A Henry 1. That the Operations Managers report dated 23 May 2024 titled ‘Request for funds from the Katikati Town Centre Development Fund – Market Square Development Project’, be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That Council approve funding of up to $50,000 from the Katikati Town Centre Development Fund for costs relating to the engineering detailed design and schedule of works for the Market Square Development project (Attachment A of this report). 4. That Council approves the phased approach to the Katikati Market Square project, as laid out in this report, noting that this is subject to funding availability through the Katikati Town Centre Development Fund. |
|
Council considered a report dated 23 May 2024 from the Governance Advisor. The report was taken as read, with a brief overview of the recommendation provided. The Mayor suggested that Councillor Grainger be appointed as Deputy Chairperson of the Regulatory Hearings Panel. |
|
Resolution CL24-4.19 Moved: Cr A Henry Seconded: Cr T Coxhead 1. That the Governance Advisor’s report dated 23 May 2024 titled ‘Appointment of Regulatory Hearings Panel’ 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 the appointment of a Regulatory Hearings Panel as set out in Terms of Reference, being Attachment 1 of this report. 4. That Council approve for Councillor Grainger to be appointed as Deputy Chairperson of the Regulatory Hearings Panel. |
|
12.5 Appointment of Convenor and Assistant Convenor to Maketu-Te Puke Community Forum |
|
Council considered a report dated 23 May 2024 from the Governance Manager. The report was taken as read. |
|
Resolution CL24-4.20 Moved: Deputy Mayor J Scrimgeour Seconded: Cr M Grainger 1. That the Governance Manager's report dated 23 May 2024 titled ‘Appointment of Convenor and Assistant Convenor to Maketu-Te Puke Community Forum’ be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That pursuant to Clause 26 Schedule 7 of the Local Government Act 2002 the following councillors be appointed as Convenor and Assistant Convenor for the Maketu Te Puke Community Forum as set out below: · Convenor: Cr Andy Wichers · Assistant Convenor: Cr Grant Dally |
|
12.6 Appointment of an additional director of the Council Controlled Organisation - CoLAB |
|
Council considered a reported dated 23 May 2024 from the Senior Governance Advisor. The report was taken as read. Staff responded to pātai as follows: · The Chief Executive was approached to be the representative on the CoLAB Board for Western Bay of Plenty, Waipa, Thames-Coromandel, and Matamata-Piako District Councils. |
|
Resolution CL24-4.21 Moved: Cr M Murray-Benge Seconded: Cr A Henry 1. That the Senior Governance Advisor report dated 23 May 2023 titled ‘Appointment of an additional director of the Council Controlled Organisation - CoLAB’ 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 appoint John Holyoake as a director on the Council Controlled Organisation – CoLAB. |
|
12.7 Delegations - Resource Management Act 1991 and Local Government (Rating) Act 2002 |
|
Council considered a report dated 23 May 2024 from the Privacy and Official Information Advisor. The report was taken as read. |
|
Resolution CL24-4.22 Moved: Cr M Grainger Seconded: Mayor J Denyer
1. That the Privacy and Official Information Advisor’s report dated 23 May 2024 titled ‘Delegations - Resource Management Act 1991 and Local Government (Rating) Act 2002’ be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That, pursuant to section 34A of the Resource Management Act 1991 (RMA), and section 132 of the Local Government (Rating) Act 2002, Council delegates those of its functions, powers and duties to the positions (‘Delegates’) specified in Attachment 1. |
|
Council considered a report dated 23 May 2024 from the Senior Executive Assistant – Mayor/CEO. The report was taken as read. The Mayor responded to pātai as follows: · There was commonality around the sector regarding a number of topics at the Combined Rural Hui. The panel shared a variety of perspectives as well. |
|
Resolution CL24-4.23 Moved: Mayor J Denyer Seconded: Cr A Henry That the Senior Executive Assistant – Mayor/CEO’s report dated 23 May 2024 titled ‘Mayor’s Report to Council – 23 May 2024’ be received. |
Nil
14 Resolution to Exclude the Public
RESOLUTION TO EXCLUDE THE PUBLIC
|
Resolution CL24-4.24 Moved: Mayor J Denyer 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:
|
The Meeting closed at 10.36am.
Confirmed as a true and correct record at the Council meeting held 15 August 2024.
...................................................
Mayor J Denyer
MAYOR