Council Meeting Minutes 

8 April 2025

 

 

MINUTES OF Western Bay of Plenty District Council
Council Meeting No. CL25-4
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Tuesday, 8 April 2025 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, Deputy Mayor J Scrimgeour, Cr T Coxhead, Cr G Dally, Cr M Grainger,        Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Cr L Rae, Cr D Thwaites and Cr A Wichers.

3              In Attendance

M Taris (Interim Chief Executive), A Henderson (General Manager Corporate Services),     A Curtis (General Manager Regulatory Services), E Watton (Acting GM Strategy and Community/Strategic Policy and Planning Director), J Fearn (Chief Financial Officer),           S Bedford (Finance Manager),  P Watson (Reserves and Facilities Manager), D Leslie (Senior Policy Analyst),  K Little (Operations Manager), R Garrett (Governance Manager), R Gallagher (Policy and Planning Manager), H Wi Repa (Governance Systems Advisor) and P Osborne (Senior Governance Advisor).

Others in attendance

Gia Nelson (2025 Tuia Mayoral Mentoring Programme recipient)

Members of the Wanakore whānau

4              Apologies

Apology

Resolution  CL25-4.1

Moved:                         Cr D Thwaites

Seconded:         Deputy Mayor J Scrimgeour

 

That the apology for absence 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              Community Board Minutes for Receipt

9.1           Minutes of the Ōmokoroa Community Board Meeting held on 11 February 2025

Resolution  CL25-4.2

Moved:                         Cr D Thwaites

Seconded:         Cr M Grainger

That the Minutes of the Ōmokoroa Community Board Meeting held on 11 February 2025 be received.

Carried

 

9.2          Minutes of the Katikati Community Board Meeting held on 12 February 2025

Resolution  CL25-4.3

Moved:                         Cr A Henry

Seconded:         Cr R Joyce

That the Minutes of the Katikati Community Board Meeting held on 12 February 2025 be received.

Carried

 

 

9.3          Minutes of the Waihī Beach Community Board Meeting held on 17 February 2025

Resolution  CL25-4.4

Moved:                         Cr A Henry

Seconded:         Cr R Joyce

That the Minutes of the Waihī Beach Community Board Meeting held on 17 February 2025 be received.

Carried

 

9.4          Minutes of the Te Puke Community Board Meeting held on 20 February 2025

Resolution  CL25-4.5

Moved:                         Cr A Wichers

Seconded:         Cr G Dally

That the Minutes of the Te Puke Community Board Meeting held on 20 February 2025 be received.

Carried

 

9.5          Minutes of the Maketu Community Board Meeting held on 4 March 2025

Resolution  CL25-4.6

Moved:                         Cr L Rae

Seconded:         Deputy Mayor J Scrimgeour

That the Minutes of the Maketu Community Board Meeting held on 4 March 2025 be received.

Carried

10            Council and Committee Minutes for Confirmation

10.1          Minutes of the Strategy and Policy Committee Meeting held on 13 February 2025

Resolution  CL25-4.7

Moved:                         Mayor J Denyer

Seconded:         Cr M Grainger

That the Minutes of the Strategy and Policy Committee Meeting held on 13 February 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

10.2         Minutes of the Council Meeting held on 18 February 2025

Resolution  CL25-4.8

Moved:                         Mayor J Denyer

Seconded:         Deputy Mayor J Scrimgeour

1.        That the Minutes of the Council Meeting held on 18 February 2025 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

 

10.3         Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 26 February 2025

Resolution  CL25-4.9

Moved:                         Deputy Mayor J Scrimgeour

Seconded:         Cr A Henry

That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 26 February 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

10.4        Minutes of the Council Meeting held on 3 March 2025

Resolution  CL25-4.10

Moved:                         Mayor J Denyer

Seconded:         Deputy Mayor J Scrimgeour

1.        That the Minutes of the Council Meeting held on 3 March 2025 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

 

10.5         Minutes of the Strategy and Policy Committee Meeting held on 3 March 2025

Resolution  CL25-4.11

Moved:                         Mayor J Denyer

Seconded:         Cr M Grainger

That the Minutes of the Strategy and Policy Committee Meeting held on 3 March 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

10.6         Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 12 March 2025

Resolution  CL25-4.12

Moved:                         Deputy Mayor J Scrimgeour

Seconded:         Cr A Henry

That the Minutes of the Annual Plan and Long Term Plan Committee Meeting held on 12 March 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

10.7         Minutes of the Council Meeting held on 18 March 2025

Resolution  CL25-4.13

Moved:                         Mayor J Denyer

Seconded:         Cr L Rae

1.        That the Minutes of the Council Meeting held on 18 March 2025 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

 

 

 

 

 

11             Reports

11.1           Proposal to officially name Paeahi Wanakore Reserve (currently unofficially known as Park Road and Beach Road Reserve) Katikati

Council considered a report dated 8 April 2025 from the Reserves and Facilities Manager, who provided an overview of the proposal and recommendations therein. Acknowledgement was made to the Wanakore whānau who were in attendance to see the closing of the process.

Resolution  CL25-4.14

Moved:                         Cr R Joyce

Seconded:         Cr A Henry

1.        That the Reserves and Facilities Manager’s report dated 8 April 2025 titled ‘Proposal to officially name Paeahi Wanakore Reserve (currently unofficially known as Park Road and Beach Road Reserve) 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 Council, pursuant to s16(10) of the Reserves Act 1977 approves the naming of Lot 8 DP 36285, South Auckland Land District, being 1475m², a recreation reserve, and by notice in the New Zealand Gazette, declare that the reserve shall be known by Paeahi Wanakore Reserve. 

Carried

 

11.2          Easement to drain sewage over part of Seaforth Road Local Purpose Drainage Reserve (Lot 248 DPS 76118) in favour of Council (in gross)

Council considered a report dated 8 April 2025 from the Reserves and Facilities Manager, who provided an overview of the report and the recommendations therein.

Resolution  CL25-4.15

Moved:                         Cr M Murray-Benge

Seconded:         Cr A Henry

1.        That the Reserves and Facilities Manager’s report dated 8 April 2025 titled ‘Easement to drain sewage over part of Seaforth Road Local Purpose Drainage Reserve (Lot 248 DPS 76118) in favour of Council (in gross)’ 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 Western Bay of Plenty District Council, and the provisions of Section 48 of the Reserves Act 1977, Council hereby consents to the creation of an easement shown on the attached plan (Attachment 1) to allow Council in gross to discharge sewage over Lot 248 DPS 76118.

Carried

 

11.3          Waikato Local Authority Shared Services (CoLAB) Ltd Draft Statement of Intent 2025 - 2028 and Half Year Report as at 31 December 2024

Council considered a report dated 8 April 2025 from the Financial Analyst. The General Manager Corporate Services provided an overview of the report and the recommendations therein.

Staff responded to pātai as follows:

·            Staff did not feel that there were any amendments required to the Statement of Intent, noting a good level of engagement by CoLAB in working with Council in their service offerings.

·            One director represented multiple councils; following the resignation of John Holyoake, David Speirs (Chief Executive Hauraki District Council) would be the representative.

·            Council paid a membership fee of approximately $60,000 and staff felt that Council received value for money, particularly through the procurement panel, noting that there was nothing similar that was offered through BOPLASS.

·            The CoLAB Board determined the appointments and replacements.

Resolution  CL25-4.16

Moved:                         Cr M Murray-Benge

Seconded:         Deputy Mayor J Scrimgeour

1.        That the Financial Analyst’s report dated 8 April 2025 titled ‘Waikato Local Authority Shared Services (CoLAB) Ltd Draft Statement of Intent 2025 - 2028 and Half Year Report as at 31 December 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 CoLAB’s Half Year Report to Shareholders 31 December 2024 (Attachment 1) be received.

4.      That CoLAB’s Draft Statement of Intent 2025-2028 (Attachment 2) be received.  Feedback, comments and recommended changes are to be provided to CoLAB no later than 1 May 2025, so that this can be considered for inclusion in their final Statement of Intent due to Council by 30 June 2025.

5.      That the Board of the CoLAB be advised of any comments on their Draft Statement of Intent within two months from 1 March 2025.

Carried

 

11.4          Bay of Plenty Local Authority Shared Services Limited Draft Statement of Intent 2025 - 2028 and Half Year Report as at 31 December 2024

Council considered a report dated 8 April 2025 from the Financial Analyst. The General Manager Corporate Services provided an overview of the report and the recommendations therein.

Staff responded to pātai as follows:

·            The Statement of Intent, laid out in Attachment 2 of the report, set out what BOPLASS would be progressing. Their Annual Report spoke to their current initiatives.

·            In relation to ‘Aerial Photography’, this was carried out over a number of years, therefore having a separate budget line for this allowed money to be ring-fenced and to ensure they could keep track over time.

·            The Aerial mapping became part of Council’s GIS, which became available to the public.

·            Interim CEO Miriam Taris would now be on this Board, as part of the CE delegations.

·            Council’s annual membership fee was approximately $38,000, noting that additional costs were invoiced on a case by case basis depending on project involvement.

·            BOPLASS secured a ‘Group Insurance Cover’ which saved Council a significant amount of money per year, by allowing Council to purchase insurance at a much lower rate.

·            BOPLASS worked closely with the markets in London to ensure that Council received the best value, as well as understanding the risks of Council’s current market.

·            There were global changes and challenges, which was why Council had received presentations from AON in the past, to understand what was happening in the global market and to  outline risk factors for Council, to ensure that this was understood and the best premium could be sought.

 

The following tākupu were made by Councillors:

·            Page 5 of the Statement of Intent was provided as an example of the use of unquantified statements. There was a query around ‘The company is committed to operating in an environmentally responsible way and will embed sustainability considerations (including ethical considerations)’. Due to “ethical considerations” being a broad statement, clarification was sought on how this was interpreted by BOPLASS.

·            It was suggested that Council encourage its valuers to use the aerial photographs to enable a more accurate reflection on what was seen on those photos within the valuations.

Resolution  CL25-4.17

Moved:                         Deputy Mayor J Scrimgeour

Seconded:         Cr T Coxhead

1.        That the Financial Analyst’s report dated 8 April 2025 titled ‘Bay of Plenty Local Authority Shared Services Limited Draft Statement of Intent 2025 – 2028 and Half Year Report to 31 December 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 BOPLASS’s Half Year Report to Shareholders as at 31 December 2024 (Attachment 1) be received.

4.      That BOPLASS’s Draft Statement of Intent 2025-2028 (Attachment 2) and accompanying cover letter (Attachment 3) be received.  Feedback, comments and recommended changes are to be provided to BOPLASS no later than 1 May 2025, so that this can be considered for inclusion in their final Statement of Intent due to Council by 30 June 2025.

5.      That the Board of the BOPLASS be advised of any comments on their Draft Statement of Intent within two months from 1 March 2025.

Carried

 

11.5          Western Bay of Plenty District Council's Rating from Standard and Poor's - March 2025

Council considered a report dated 8 April 2025 from the Financial Analyst. The Chief Financial Officer provided an overview of the report and the recommendations therein.

Staff responded to pātai as follows:

·            Through the Long Term Plan it was projected that the rating would be downgraded, therefore retaining an AA rating meant that there was additional budget, which would be reflected in the actuals.

·            Staff did not know at this stage what the ratings were for neighbouring councils, noting that Tauranga City Council (TCC) was part of a group of councils who were still having their rating reviewed.

·            Staff had received indications that the CCOs in relation to Local Waters would be rated ‘BBB’.

 

Resolution  CL25-4.18

Moved:                         Cr M Grainger

Seconded:         Cr R Joyce

1.        That the Financial Analyst’s report dated 8 April 2025 titled ‘Western Bay of Plenty District Council’s Rating from Standard and Poor’s - March 2025, be received.

Carried

 

11.6          Local Government Funding Agency Draft Statement of Intent 2025 - 2028 and Half Year Report as at 31 December 2024

Council considered a report dated 8 April 2025 from the Financial Analyst. The General Manager Corporate Services provided an overview of the report and the recommendations therein.

Staff responded to pātai as follows:

·            In relation to Green Loans, Council was looking at options for applying for these with large future projects.

·            There was no progress in relation to LGFA seeing Council as a high growth council. It was noted that this was not an application process, but rather a matter of proving that Council met the criteria.

·            Council received updates in relation to maturity matching for borrowing, noting that the report stated that LGFA’s borrowing insurance went from 5.9 (3 years) to 6.8%. Under a CCO model it was anticipated that the length of life of the borrowings would get longer in terms of matching the debt life to the asset life.

·            A council’s debt requirement was determined by how far they were with their asset replacement and life cycle.

·            Staff would require more information and feedback from LGFA to comment on extra debt capacity should Western Bay of Plenty District Council and Tauranga City Council form a CCO.

·            Council did not currently have climate change disclosure reporting requirements, as this was just Auckland and Christchurch currently. Staff were aware these requirements were coming and therefore were keeping up to date with what these might look like, and how Council may respond.

Resolution  CL25-4.19

Moved:                         Mayor J Denyer

Seconded:         Cr M Murray-Benge

1.        That the Financial Analyst’s report dated 8 April 2025 titled ‘Local Government Funding Agency Draft Statement of Intent 2025 – 2028 and Half Year Report as at 31 December 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 LGFA’s Half Year Report as at 31 December 2024 (Attachment 1) be received.

4.      That the LGFA’s Draft Statement of Intent 2025-2028 (Attachment 2) and accompanying cover letter (Attachment 3) be received.  Feedback, comments and recommended changes are to be provided to LGFA no later than 1 May 2025, so that this can be considered for inclusion in their final Statement of Intent due to Council by 30 June 2025.

5.      That the Board of the LGFA be advised of any comments on their Draft Statement of Intent within two months from 1 March 2025.

Carried

 

11.7          Independent Assurance Report of the Debenture Trust Deed for the year ended 30 June 2024

Council considered a report dated 8 April 2025 from the Financial Manager. The Chief Financial Officer provided an overview of the report and the recommendations therein.

Resolution  CL25-4.20

Moved:                         Cr M Grainger

Seconded:         Deputy Mayor J Scrimgeour

That the Financial Manager’s report dated 8 April 2025 titled ‘Independent Assurance report of the Debenture Trust Deed for the Year ended 30 June 2024’ be received.

Carried

 

 

11.8          Recommendatory Report - Strategy and Policy Committee - Animals (Excluding Dogs) and Public Places Bylaws

Council considered a report dated 8 April 2025 from the Senior Policy Analyst, who took the report as read.

Resolution  CL25-4.21

Moved:                         Mayor J Denyer

Seconded:         Cr M Grainger

1.        That the Senior Policy Analyst’s report dated 8 April 2025 titled ‘Recommendatory Report – Strategy and Policy Committee – Animals (Excluding Dogs) and Public Places Bylaws’, be received.

2.       That Council adopts the Animals (Excluding Dogs) Bylaw (included at Attachment 1 of the agenda), to come into force on 8 May 2025.

3.       That Council adopts the Public Places Bylaw (included at Attachment 2 of the agenda), to come into force on 8 May 2025.

4.      That Council directs the Chief Executive to publicly notify the adoption of the Animals (Excluding Dogs) Bylaw 2025 and the Public Places Bylaw 2025 in accordance with section 156(2) of the Local Government Act 2002.

Carried

 

11.9          District Hall and Community Centre Leases 2025-2055

Council considered a report dated 8 April 2025 from the Operations Manager, who took the report as read.

Staff responded to pātai as follows:

·            Staff did not see any need to keep the halls for Council use, noting that they were working well as they were. 

·            Not all of the halls were included in this recommendation due to the leases being up for renewal at different times.

Resolution  CL25-4.22

Moved:                         Cr M Murray-Benge

Seconded:         Cr M Grainger

1.       That the Operations Manager’s report dated 8 April 2025 titled ‘District Hall and Community Centre Leases 2025-2055’, 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, in its capacity as administrating body of the following lots, grants the named hall/community centre committees listed in Table 1 below a land lease for 5 years with the ability to renew the lease five more times each for the purpose of a community hall/community centre:

Land Description

Title

Lease area

Hall/Community Centre

Lessee (Incorporated Society)

Current lease ends

Lot 1 DPS 65226

SA60A/140 - Local Purpose (Community Use) Reserve

1250m²*

Waihī Beach Community Centre

Waihī Beach Community Centre Society Inc

6/6/2025 (30 years)

Section 3 SO 465654

No title - Local Purpose (Community Buildings) Reserve

1936m²

Pongakawa Hall

The Pongakawa Hall and Domain Committee Inc

25/6/2025 (30 years)

Lot 1 DP 37163

SA963/204 – Fee Simple

809m²

Ohauiti Settlers Hall

The Ohauiti Settlers Association Inc

26/6/2025 (30 years)

Lot 1 DPS 710 and Lot 3 DP 539566

902614 - Local Purpose (Community Use) Reserve

5144m²

Ōropi Memorial Hall

The Ōropi Settlers Incorporated

2/7/2025 (30 years)

Lot 23 DPS 12953

SA11B/478 -  Fee Simple

3667m²

Paengaroa Hall

Paengaroa Community Hall Society Incorporated

2/7/2025 (30 Years)

Part Lot 1  DP 34641

SA892/293 -  Fee Simple

1619m²

Pyes Pā Hall

Pyes Pā Hall Incorporated

2/7/2025 (30 years)

Whakamārama 1C1A5B2B1 Block

SA14B/1263 -  Fee Simple

3035m²

Whakamārama Community Centre

Whakamārama Community Centre Incorporated

2/7/2025 (25 years)

Table 1 *Building footprint only

Carried

 

11.10        Appointment of alternate local controller and alternate local recovery manager

Council considered a report dated 8 April 2025 from the Team Lead Emergency Management.  

Due to Cedric Crow no longer being available to be the Alternate Local Controller/Alternate Local Recovery Manager for Western Bay of Plenty District Council, recommendation 3b was not considered.

Resolution  CL25-4.23

Moved:                         Cr A Wichers

Seconded:         Cr D Thwaites

1.        That the Team Lead Emergency Management’s report dated 8 April 2025 titled ‘Appointment of Alternate Local Controller and Alternate Local Recovery Manager’ be received.

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

3.       That, in accordance with the Civil Defence Emergency Management Act 2002, and the Bay of Plenty Emergency Management Group Policy for selection and appointment of Local Controllers and Local Recovery Managers, Western Bay of Plenty District Council: 

a)  Acknowledges the retirement of Gary Allis and recommends that his appointment to the position of Local Controller be rescinded.

Carried

 

11.11         Order of candidate names for the 2025 Triennial Elections

Council considered a report dated 8 April 2025 from the Governance Manager, who provided an overview of the report and the recommendations therein.

Staff responded to pātai as follows:

·            While Council resolved for the order of the candidate names to be random prior to the last elections, there was an error by the elections services provider at the time, which meant that this did not happen.

Resolution  CL25-4.24

Moved:                         Mayor J Denyer

Seconded:         Cr D Thwaites

1.         That the Governance Manager’s report dated 8 April 2025 and titled ‘Order of candidate names for the 2025 Triennial Elections’ 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 determines that the order of candidate names on the voting papers for the 2025 triennial elections, and any subsequent by-elections until October 2028, be:

·      The random order of candidate names.

        Carried

 

11.12        Mayor's Report to Council

Council considered a report dated 8 April 2025 from the Senior Executive Assistant – Mayor/CEO. The Mayor acknowledged and welcomed Miriam Taris as Interim Chief Executive and introduced Gia Nelson who was the recipient of the 2025 Tuia Mentoring Programme.

The Mayor responded to pātai as follows:

·            Regional Deals had to be approved by Council after negotiations took place by a smaller group.

·            Development Levies through Regional Deals would replace Development Contributions, which created an entirely different regime. The CE believed this regime would be more permissive, encompassing and standardised, however Council did not have any further information at this stage.

·            The Mayor was still invited to LGNZ meetings, and would still be attending meetings as he saw fit.

·            The Mayor and Councillor Murray-Benge were invited to attend a presentation from the Port and Cruise Ship industry followed by a tour of the cruise ship, noting that this was fascinating.

·            Film Bay of Plenty had a Service Delivery Contract with Council, noting that they encouraged filming across the Bay of Plenty.

·            There were currently no updates on the alternative options for the Mayors’ Taskforce for Jobs.

·            The radio interviews that the Mayor undertook regarding LGNZ resignation were with ‘The Platform’ and ‘Radio New Zealand’.

·            In relation to the Place Brand workshop this would be coming back to Council as an Issues and Options Paper. It was noted that Council would try to resolve this in time for the Annual Plan 2025/26, however it could be included in the next Annual Plan if more appropriate.

 

The following tākupu were made by Councillors:

·            It was requested that the Local MPs did not just meet with the Mayor, but with the Council as a whole, particularly now that Council was not a member of LGNZ.

Resolution  CL25-4.25

Moved:                         Mayor J Denyer

Seconded:         Cr L Rae

That the Senior Executive Assistant - Mayor/CEO’s report dated 8 April 2025 title ‘Mayor’s Report to Council’ be received

Carried

12            Information for Receipt

Nil

13            Resolution to Exclude the Public

As the confidential agenda only contained minutes for confirmation and there were no corrections required, to avoid moving into confidential, the minutes were confirmed as part of the open business.

 

13.1          Confidential Minutes of the Council Meeting held on 18 February 2025

Resolution  CL25-4.26

Moved:                         Mayor J Denyer

Seconded:         Deputy Mayor J Scrimgeour

That the Confidential Minutes of the Council Meeting held on 18 February 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

13.2         Confidential Minutes of the Council Meeting held on 18 March 2025

Resolution  CL25-4.27

Moved:                         Cr T Coxhead

Seconded:         Cr M Grainger

That the Confidential Minutes of the Council Meeting held on 18 March 2025 be confirmed as a true and correct record and the recommendations therein be adopted.

Carried

 

 

The Meeting closed at 10.30am.

 

Confirmed as a true and correct record at the Council meeting held 27 May 2025.

 

 

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

Mayor J Denyer

CHAIRPERSON / MAYOR