Agenda of Strategy and Policy Committee Meeting

Strategy and Policy Committee Meeting Agenda

15 May 2024

Strategy and Policy Committee

Membership:

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

Role:

· To develop and review strategies, policies, plans and bylaws to advance the strategic direction of Council and its communities.

· To ensure an integrated approach to land development (including land for housing), land use and transportation to enable, support and shape sustainable, vibrant and safe communities.

· To ensure there is sufficient and appropriate housing supply and choice in existing and new urban areas to meet current and future needs.

Scope:

· Development and review of bylaws in accordance with legislation including determination of the nature and extent of community engagement approaches to be deployed.

· Development, review and approval of strategies and plans in accordance with legislation including

· determination of the nature and extent of community engagement approaches to be deployed.

· Subject to compliance with legislation and the Long Term Plan, to resolve all matters of strategic policy outside of the Long Term Plan process which does not require, under the Local Government Act 2002, a resolution of Council.

· Development of District Plan changes up to the point of public notification under the Resource Management Act 1991.

· Endorsement of the Future Development Strategy and sub-regional or regional spatial plans.

· Consider and approve changes to service delivery arrangements arising from service delivery reviews required under the Local Government Act 2002 (provided that where a service delivery proposal requires an amendment to the Long Term Plan, it shall thereafter be progressed by the Annual Plan and Long Term Plan Committee).

· Where un-budgeted financial implications arise from the development or review of policies, bylaws or plans, recommend to Council any changes or variations necessary to give effect to such policies, bylaws or plans.

· Listen to and receive the presentation of views by people and engage in spoken interaction in relation to any matters Council undertakes to consult on whether under the Local Government Act 2002 or any other Act.

· Oversee the development of strategies relating to sub-regional parks and sub-regional community facilities for the enhancement of community wellbeing of the Western Bay of Plenty District communities, for recommendation to Tauranga City Council and Western Bay of Plenty District Council.

· Approve Council submissions to central government, councils and other organisations, including submissions on proposed legislation, plan changes or policy statements.

· Receive and make decisions and recommendations to Council and its Committees, as appropriate, on reports, recommendations and minutes of the following:

- SmartGrowth Leadership Group

- Regional Transport Committee

- Any other Joint Committee, Forum or Working Group, as directed by Council.

· Receive and make decisions on, as appropriate, any matters of a policy or planning nature from the following:

- Waihī Beach, Katikati, Ōmokoroa, Te Puke and Maketu Community Boards.

- Community Committee.

Power to Act:

· To make all decisions necessary to fulfil the role and scope of the Committee subject to the limitations imposed.

Power to Recommend:

· To Council and/or any Committee as it deems appropriate.

Power to sub-delegate:

· The Committee may delegate any of its functions, duties or powers to a subcommittee, working group or other subordinate decision-making body subject to the restrictions within its delegations and provided that any such sub-delegation includes a statement of purpose and specification of task.

· Should there be insufficient time for Strategy and Policy Committee to consider approval for a final submission to an external body, the Chair has delegated authority to sign the submission on behalf of Council, provided that the final submission is reported to the next scheduled meeting of the Strategy and Policy Committee.

Strategy and Policy Committee Meeting Agenda

15 May 2024

10.5 Adoption of Section 17A Report for Western Bay of Plenty District Council's Transportation Activity

File Number: A6138455

Author: Katy McGinity, Senior Policy Analyst

Authoriser: Cedric Crow, General Manager Infrastructure Services

Executive Summary

The purpose of this report is to seek adoption of the Section 17A report on the review of Council’s transportation activity.

Recommendation

1. That the Senior Policy Analyst’s report dated 15 May 2024 titled ‘Adoption of Section 17A Report for Western Bay of Plenty District Council’s Transportation Activity’ 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 Strategy and Policy Committee adopt the Transportation Activity – Section 17A Review report (Attachment 1 of this report).

Background

1. The Transportation Activity – Section 17A Review report (Attachment 1) reviews Western Bay of Plenty District Council’s (Council) Transportation activity. The review has been undertaken as a result of Council’s long term roading network management and maintenance contract ending and satisfies the requirements of Section 17A of the Local Government Act 2002 (‘the Act’).

2. The report provides information on Council’s current service delivery model and evaluates a range of other potential service delivery options for the Transportation activity. It also considers the funding and governance arrangements for the transportation activity.

3. The following three recommendations are made in the report:

· For the funding and governance of the Transportation activity to continue to be carried out by Council.

· For professional services to be delivered by an in-house Council team with additional services procured from external suppliers when required.

· For physical works to be outsourced and delivered by way of multiple contracts, with the opportunity for joint procurement on some services being explored in the future.

Significance and Engagement

4. 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.

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

6. In terms of the Significance and Engagement Policy this decision is considered to be of low significance.

Engagement, Consultation and Communication

7. There is no engagement requirement for this report or recommendation.

8. In undertaking the Section 17A Review Council discussed potential opportunities and operating models with several local councils.

Issues and Options Assessment

Option A

That the Committee adopts the Section 17A review of Council’s Transportation Activity Review Report (Attachment 1 of this report).

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

· Economic

· Social

· Cultural

· Environmental

This report meets the requirements of Section 17A of the Local Government Act 2002. The adoption of this report will mean Council can undertake the next steps in the development of its Transportation Procurement Strategy (as required by Waka Kotahi).

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

There are no costs associated with this report.

Option B

That the Committee does not adopt the Section 17A review of Council’s Transportation Activity Review Report (Attachment 1).

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

· Economic

· Social

· Cultural

· Environmental

There will be delay in Council moving forward in development of its Transportation Procurement Strategy (as required by Waka Kotahi).

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

There are no costs associated with this report. Further rework may result in some opportunity cost, with an impact on other projects.

Statutory Compliance

9. This report meets the requirements of the Section 17A of the Local Government Act 2002.

Funding/Budget Implications

10. There are no costs associated directly with this report. It will inform Council’s procurement approach for the Transportation activity more generally.

Attachments

1. Section 17A Transportation Activity Review Report ⇩

Strategy and Policy Committee Meeting Agenda

15 May 2024

10.6 Request for Approval to Commence Papakāinga Plan Change

File Number: A6105371

Author: Tony Clow, Principal Policy Lead: Environmental Planning

Authoriser: Natalie Rutland, Environmental Planning Manager

Executive Summary

The purpose of this paper is to request approval to commence a change to the District Plan to better enable papakāinga development in the District.

Recommendation

1. That the Principal Policy Lead: Environmental Planning’s report dated 15 May 2024 titled ‘Request for Approval to Commence Papakāinga Plan Change’, be received.

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

3. That the Strategy and Policy Committee approve the commencement of a District Plan Change to better enable papakāinga in the District, and request staff to progress the District Plan Change in accordance with the phases and timeframes outlined in this report, and the Communications and Engagement Plan (Attachment 2 of this report).

Background

1. Council staff, in discussion with Tangata Whenua, understand papakāinga can be defined as follows:

(a) Homes and associated community facilities developed to support those homes on whenua Māori, where homes will be owned and occupied by the beneficial owners of that whenua Māori who will have the opportunity to live according to Te Ao Māori.

2. On 7 December 2023, the Environmental Planning and Kaupapa Māori Teams brought a paper to the Strategy and Policy Committee workshop. This workshop discussed the key challenges associated with trying to progress papakāinga development under the existing District Plan rules.

3. In summary, the key challenges raised in Tangata Whenua forums to date include:

(a) The rules only apply to Māori land which is defined as Māori Freehold Land or Māori Customary Land i.e. does not include general land owned by Māori.

(b) The rules only apply to the rural zone despite there being other zones such as rural-residential where papakāinga development is sought.

(c) Other restrictions such as on-site infrastructure requirements, developments relying on sealed roads, and needing 2000m2 of land area per dwelling.

4. Staff sought direction from Elected Members on exploring potential solutions to these challenges and others as relevant through a change to the District Plan. The general consensus from this workshop was that staff were to proceed with a proposal to commence a Plan Change for the approval of the Committee.

5. The notes of this workshop are provided in Attachment 1 of this report.

6. This Plan Change is important because of the key positive outcomes sought for Tangata Whenua. It also aligns with three of Council’s key strategic priorities for the 2024-2034 Long Term Plan (enabling housing, empowering communities and growing authentic Te Tiriti based relationships).

project plan

7. A detailed project plan is being prepared at an operational level to ensure that the Plan Change follows the required process and achieves necessary outcomes. It will identify project scope, outcomes, approach, team, roles and responsibilities, partners and stakeholders, risks and benefits, and project budget and resourcing.

8. The scope of the project is a review of District Plan provisions. Other matters raised in Tangata Whenua forums such as rates, application fees and the complexities of navigating through consent processes cannot be addressed by the Plan Change but could be given consideration through other Council processes.

9. The project will have ten key phases with anticipated timing as shown in the table below. The tentative timeframe for the project is approximately 20 months, with a December 2025 finish. The aim is that by this time any proposed changes to the District Plan are made operative (if no appeals) and the project is closed.

Step	Phase	Timing	Council decision making
1	Project initiation	April to May 2024	Strategy and Policy Committee approval of commencement of the Plan Change, and Comms and Engagement Plan.
2	Pre-engagement (with Tangata Whenua and stakeholders)	June to August 2024	Strategy and Policy Committee Workshop and Meeting to discuss and approve Issues and Options Paper.
3	Community engagement	September to November 2024	Strategy and Policy Committee Workshop to update Committee on engagement/Plan Change progress.
4	Plan Change preparation and notification	December 2024 to February 2025	Strategy and Policy Committee Meeting for Committee approval of Section 32 Report and to publicly notify the Plan Change.
5	Submissions	March to May 2025
6	Dispute resolution and hearing	June to August / September 2025	Hearing by District Plan Committee or Independent Commissioners appointed by Committee.
7	Decision	October 2025	Decision made by District Plan Committee or Independent Commissioners.
8	Appeals	October to November 2025
9	Making Operative	December 2025	Council Meeting if no appeals are made. The Plan Change can be made operative by Council resolution.
10	Project closed	December 2025

Significance and Engagement

10. 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.

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

12. In terms of the Significance and Engagement Policy this decision is considered to be of medium significance because the proposal will affect Tangata Whenua and a number of stakeholders and communities across the District. There is potential for opinion to be divided, and it relates to providing for Māori cultural values.

Engagement, Consultation and Communication

13. Consultation is to be carried out in accordance with Schedule 1 of the Resource Management Act 1991 (RMA). This includes with the Minister for the Environment, other ministers and local authorities who may be affected, and Tangata Whenua including Māori land trusts.

14. Council may also consult anyone else during the preparation of a Plan Change which will include stakeholders, communities and the general public.

15. A high-level Communications and Engagement Plan (Attachment 2 of this report) has been developed to support the pre-engagement and community engagement phases of the project plan for the Plan Change. This factors in a Tangata Whenua specific approach while also ensuring consistency of messaging to all stakeholders. A more detailed Communications and Engagement Plan will also be developed.

Issues and Options Assessment

Option A

Commence a change to the District Plan to better enable papakāinga development in the District.

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

· Economic

· Social

· Cultural

· Environmental

Advantages

· Supports the economic, social and cultural wellbeing of Māori by better enabling papakāinga in the District, including more homes and associated community facilities.

· Provides for the relationship of Māori and their culture with their land.

· Supports a wider community need to build additional homes to relieve pressure on the housing market.

· Environmental impacts will be managed in accordance with the requirements of the RMA.

Disadvantages

· The District Plan is not able to address all issues that restrict papakāinga development. There may need to be other solutions also e.g. relating to funding, fees etc.

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

Council costs of preparing the Plan Change are covered by existing budgets.

There will be costs incurred by other parties who participate in engagement, submissions and hearings etc.

Option B

Do not commence a change to the District Plan to better enable papakāinga development in the District.

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

· Economic

· Social

· Cultural

· Environmental

Advantages

· None.

Disadvantages

· Would not address the issues that have been raised with the current approach of the District Plan regarding papakāinga. Would not allow the opportunity to explore the advantages of Option A.

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

No costs.

Statutory Compliance

16. The preparation of a Plan Change shall be commenced by the local authority concerned in accordance with Clause 2 of Part 1 of Schedule 1 of the RMA.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

Rates funded

Operational and project-based activity area funding.

Attachments

1. Strategy and Policy Committee Workshop Notes - 7 December 2023 ⇩

2. Communications and Engagement Plan ⇩

Strategy and Policy Committee Meeting Agenda

15 May 2024

11 Information for Receipt

11.1 Circular Economy for the Western Bay of Plenty Report

File Number: A6194199

Author: Matthew Leighton, Policy and Planning Manager

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

Executive Summary

The Circular Economy for the Western Bay of Plenty Report is presented for receipt. This report has been prepared by Eunomia Research and Consulting Ltd and has been a joint project with Tauranga City Council, Bay of Plenty Regional Council and Western Bay of Plenty District Council. The report will assist industry sectors and will help inform future work programmes and decision making.

Background

1. The purpose of this report is to support the Western Bay of Plenty subregion working towards a circular economy. This is in line with national direction from the New Zealand Waste Strategy 2023 and Emissions Reduction Plan 2022.

2. The report has been completed in collaboration with Tauranga City Council and Bay of Plenty Regional Council. It focuses on three targeted sectors, which include:

(a) Health;

(b) Food and beverage; and

3. Stakeholder sessions were held with the different sectors and in collaboration with Priority One.

4. The report investigates how each of these sectors could work in a way that is more aligned to a circular economy and identifies a number of opportunities for both local government and each industry.

Next Steps

5. The report recommends that each Council works together with various agencies, industry and other stakeholders to implement identified priority actions.

6. These actions align with the actions and objectives included in Council’s Waste Management and Minimisation Plan 2024.

7. The report will be used to guide the work programme for the solid waste activity and Council’s role in promoting circular economy practices within the subregion.

Attachments

1. Circular Economy for the Western Bay of Plenty Report 2024 ⇩