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Council

Te Kaunihera

 

CO25-2

Tuesday, 25 November 2025, 9:30am

Council Chambers, 1484 Cameron Road, Tauranga

 

 

 

 

 


Council Agenda

25 November 2025

 

Council

 

Membership:

Chairperson

Mayor James Denyer

Deputy Chairperson

Deputy Mayor Margaret Murray - Benge

Members

Councillor Shane Beech

Councillor Tracey Coxhead

Councillor Grant Dally

Councillor Darlene Dinsdale

Councillor Graeme Elvin

Councillor Rodney Joyce

Councillor Laura Rae

Councillor Allan Sole

Quorum

Five (5)

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 Agenda

25 November 2025

 

Notice is hereby given that a Meeting of Council will be held in the Council Chambers, 1484 Cameron Road, Tauranga on:
Tuesday, 25 November 2025 at 9:30am

 

Order Of Business

1        Karakia.. 7

2       Present - Ngā mema kei konei 7

3       In Attendance - I tae ake.. 7

4       Apologies - Ngā whakapahā.. 7

5       Consideration of Late Items - Ngā take tōmuri 7

6       Declarations of Interest – Ngā tukitukinga.. 7

7        Public Excluded Items - Ngā take tapu.. 7

8       Public Forum - Wāhanga tūmatanui 7

9       Council - Committee Minutes for Confirmation - Te whakatau i ngā meneti ā te kaunihera, ā te komiti 8

9.1          Minutes of the Council Meeting held on 5 November 2025.. 8

10      Reports - Ngā pūrongo.. 15

10.1         Declaration by Katikati Community Board Member. 15

10.2        Declaration by Councillors. 18

10.3        Proposal from Lessee to Include Café Operations within Lease Agreement at Bowentown Beach Holiday Park. 27

10.4        Annual Report 2024-2025.. 54

10.5        Monthly Financial Report - 30 September 2025.. 251

10.6        Waihī Beach Life Guard Services Incorporated - Request for extension of tenure of land lease site on Waihī Beach Surf Club Reserve until 2071 266

10.7        Proposal to Extend Lease Area - Te Puke Community Menz Shed Trust at Te Puke Domain.. 272

10.8        Land Exchange - 340 Ōmokoroa Road with part of Kaimai Views Reserve, Ōmokoroa.. 279

10.9        Right to Drain Water and Overland Water Easement over Mangawhai Estuary Esplanade Reserve in favour of Council (in Gross) and Lots 210,211,216,217,221 DP 614264.. 287

10.10       Exercise of Delegation by Interim Chief Executive Officer During the Interregnum Period 2025.. 294

10.11        Council governance structure, establishment of committees and appointment of Chairs and Deputy Chairs for the 2025-2028 Triennium.... 298

10.12       Councillor remuneration for the 2025-2028 Triennium.... 321

10.13       Mayor's Report to Council 323

11       Information for Receipt - Kōrero te whiwhia.. 327

12      Resolution to Exclude the Public - Whakatau ki te poro i te marea.. 327

12.1         Tourism Bay of Plenty - Appointment of Trustees. 327

12.2        Pongakawa Water Treatment Tender Award Memo.. 327

 

 


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 - Ngā mema kei konei

3                In Attendance - I tae ake

4               Apologies - Ngā whakapahā

5                Consideration of Late Items - Ngā take tōmuri

6                Declarations of Interest – Ngā tukitukinga

7                Public Excluded Items - Ngā take tapu

8                Public Forum - Wāhanga tūmatanui

 


Council Agenda

25 November 2025

 

9                Council - Committee Minutes for Confirmation - Te whakatau i ngā meneti ā te kaunihera, ā te komiti

9.1             Minutes of the Council Meeting held on 5 November 2025

File Number:          A7034915

Author:                   Rosa Leahy, Senior Governance Advisor

Authoriser:            Robyn Garrett, Governance Manager

 

Recommendation

1.        That the Minutes of the Council Meeting held on 5 November 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.

 

Attachments

1.       Minutes of the Council Meeting held on 5 November 2025 

 

 

 


Council Meeting Minutes

5 November 2025

Unconfirmed

 

MINUTES OF Western Bay of Plenty District Council
Inaugural Council No. CO25-IN
HELD IN THE Council Chambers, 1484 Cameron Road, Tauranga
ON Wednesday, 5 November 2025 AT 1.00pm

1                 Karakia

The Strategic Kaupapa Māori Manager opened the hui with a karakia.

2                Present – ngā mema kei konei 

Mayor J Denyer (Chairperson), Cr G Dally, Cr R Joyce, Cr D Dinsdale, Cr L Rae, Cr A Sole, Cr S Beech and Cr G Elvin

3                In Attendance – i tae ake

M Taris (Interim Chief Executive Officer), R Garrett (Governance Manager), A Curtis (General Manager Regulatory Services), B Singh (General Manager Infrastructure Services), M Potton (General Manager Corporate Services), E Watton (Acting General Manager Strategy and Community), C Nepia (Strategic Kaupapa Māori Manager),                 L Balvert (Communication Manager), P Osborne (Senior Governance Advisor), R Leahy (Senior Governance Advisor), E Logan (Governance Advisor) and J Duncan (Governance Coordinator).

Community Boards

Ōmokoroa - Kaimai Community Board

C Dever, B Rakoia, M Marshall, T Tuhakaraina, T Akuhata and K Wisnesky

 

Maketu Community Board

S Elliot, A Waterhouse, C Thomas and W Moko

 

Te Puke – Eastern Community Board

D Snell, S Benning, K Summerhays, M Williams and M Singh Mann

 

Waihī Beach Community Board

W Stevenson, G Kelly, H Guptill and R Goudie   

 

Katikati Community Board

J Sayer, A Henry and N Mayo

Others in attendance

Invited guests and whānau of Elected Members

Media

Introduction by Interim Chief Executive Officer

The Interim Chief Executive Officer began the formal section of the meeting by welcoming everyone to the inaugural meeting for the 2025-2028 triennium. She advised it was a formal process whereby the newly elected Mayor and Elected Members would take a formal declaration. Once Mayor Denyer had taken his declaration, he would proceed with chairing the Council meeting. At the end of the meeting, each Community Board would hold their own meeting and formally take declarations from their members.

4               Apologies – ngā whakapahā

The apologies from Councillor Tracey Coxhead and Councillor Margaret Murray-Benge were noted.

5                Consideration of Late Items – ngā take tōmuri

Nil

6                Declarations of Interest – ngā tukitukinga

Nil

7                Public Excluded Items – ngā take tapu

Nil

8                Public Forum – wāhanga tūmatanui

Nil

9                Reports - Ngā pūrongo

9.1          Declaration by the Mayor

Mayor-Elect James Denyer made and signed the declaration. The making, attesting and signing of the declaration required of the Mayor was witnessed by the Interim Chief Executive Officer. Mayor Denyer was then presented with the Mayoral Chain of Office and Mayoress Bourne was presented with the medallion and a bouquet of flowers.

Mayor Denyer then addressed the meeting attendees, welcomed everyone and gave his inaugural speech.

 

9.2         Declaration by Councillors

Mayor Denyer called each Councillor to the lectern to make and sign the declaration in the following order:

1.               Shane Beech;

2.             Darlene Dinsdale;

3.             Grant Dally;

4.             Graeme Elvin;

5.             Rodney Joyce;

6.             Laura Rae; and

7.              Allan Sole.

 

The making, attesting and signing of the declaration required of Councillors was witnessed by Mayor Denyer, and followed by an inaugural speech.

 

9.3         Legislative advice for incoming Elected Members

Council considered a report dated 5 November 2025 from the Governance Manager.

The Interim Chief Executive Officer advised it was incumbent on the Chief Executive Officer to bring to the attention of Councillors and Community Board members key aspects of relevant legislation and provided an overview of the following:

·                Local Government Act 2002;

·                Local Government Official Information and Meetings Act;

·                Local Authorities (Members’ Interests) Act 1968;

·                Crimes Act 1961 sections 99, 105 and 105a;

·                Secret Commissions Act 1910;

·                Financial Markets Conduct Act 2013;

·                Health and Safety at Work Act 2015; and

·                Privacy Act 2020.

 

Resolution  CO25-IN.1

Moved:                         Cr R Joyce

Seconded:         Cr G Dally

1.        That the Governance Manager’s report dated 5 November 2025 titled ‘Legislative advice for incoming Elected Members’ be received.

2.       That Elected Members note the requirements to disclose and update any personal or financial interests that may conflict with their role as an Elected Member.  

Carried

 

9.4         Appointment of Deputy Mayor 2025 - 2028 Triennium

Council considered a report dated 5 November 2025 from the Governance Manager. The report was taken as read.

Resolution  CO25-IN.2

Moved:                         Mayor J Denyer

Seconded:         Cr A Sole

1.        That the Governance Manager’s report dated 5 November 2025, titled     ‘Appointment of Deputy Mayor 2025-2028 Triennium’, be received.

2.       That Council acknowledges the appointment by the Mayor of Councillor Margaret           Murray-Benge as Deputy Mayor of the Western Bay of Plenty District Council for the           2025-2028 triennium.

Carried

 

9.5         Appointment of Councillors to Community Boards 2025-2028 Triennium

Council considered a report dated 5 November 2025 from the Governance Manager. The report was taken as read.

Resolution  CO25-0.3

Moved:                         Cr S Beech

Seconded:         Cr L Rae

1.        That the Governance Manager’s report dated 5 November 2025 titled ‘Appointment of Councillors to Community Boards 2025-2028 Triennium’ be received.

2.       That pursuant to Section 50 of the Local Government Act 2022, and Section 19F of the Local Electoral Act 2001, Council acknowledges the Mayor’s appointments of the following Councillors to the respective Community Boards:

a.      Waihī Beach Community Board

Councillor Allan Sole

b.      Katikati Community Board

Councillor Rodney Joyce

c.       Ōmokoroa - Kaimai Community Board

Councillor Tracey Coxhead and Deputy Mayor Margaret Murray-Benge

d.      Te Puke - Eastern Community Board

Councillors Grant Dally and Laura Rae

e.       Maketu Community Board

Councillor Shane Beech

Carried

 

9.6         Next meeting date of the Western Bay of Plenty District Council 2025-2028 Triennium

Council considered a report dated 5 November 2025 from the Governance Manager. The Interim Chief Executive Officer provided a brief overview and rationale for the recommendations.

Resolution  CO25-IN.4

Moved:                         Cr A Sole

Seconded:         Cr R Joyce

1.        That the Governance Manager’s report dated 5 November 2025 titled ‘Next meeting date of the Western Bay of Plenty District Council 2025-2028 Triennium’ be received.

2.       That, pursuant to clause 21(5)(d) Schedule 7 of the Local Government Act 2002, the next meeting of the Western Bay of Plenty District Council will be held on 14 November 2025 at the Council Chambers, Barkes Corner, Tauranga, commencing at 2.30pm.

And

That Council notes that while this is the next meeting of Council, it is only for the purpose of Local Waters Done Well. The first normal business meeting of the Western Bay of Plenty District Council will be held on 25 November 2025 at the Council Chambers, Barkes Corner, Tauranga, commencing at 9.30am.  

Carried

10              Information for Receipt - Kōrero te whiwhia

Nil

11               Resolution to Exclude the Public

Nil

 

The Meeting closed at 1.46pm.

 

Confirmed as a true and correct record at the Council meeting held 25 November 2025.

 

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

Mayor J Denyer

CHAIRPERSON / MAYOR

 

 


Council Agenda

25 November 2025

 

10              Reports - Ngā pūrongo

10.1          Declaration by Katikati Community Board Member

File Number:          A7022467

Author:                   Robyn Garrett, Governance Manager

Authoriser:            Miriam Taris, Interim Chief Executive Officer

 

Executive Summary

The Making and Attesting of the Declaration of Katikati Community Board Member John Clements (witnessed by the Mayor).

Attachments

1.         Declaration - John Clements - Katikati Community Board - 25 November 2025  

 

 


Council Agenda

25 November 2025

 


 

 


Council Agenda

25 November 2025

 

10.2         Declaration by Councillors

File Number:          A7022426

Author:                   Robyn Garrett, Governance Manager

Authoriser:            Miriam Taris, Interim Chief Executive Officer

 

Executive Summary

The Making and Attesting of the Declaration of Councillors Tracey Coxhead and Margaret Murray-Benge (to be witnessed by the Mayor).

 

Kaimai General Ward

Councillor Tracey Coxhead

Councillor Margaret Murray-Benge

 

Ōmokoroa – Kaimai Community Board

Councillor Tracey Coxhead

Councillor Margaret Murray-Benge

 

Attachments

1.         Declaration - Tracey Coxhead - Councillor - 25 November 2025

2.        Declaration - Margaret Murray-Benge - Councillor - 25 November 2025

3.        Declaration - Tracey Coxhead - Ōmokoroa-Kaimai Community Board - 25 November 2025

4.        Declaration - Margaret Murray-Benge - Ōmokoroa-Kaimai Community Board - 25 November 2025  

 

 


Council Agenda

25 November 2025

 


 


Council Agenda

25 November 2025

 


 


Council Agenda

25 November 2025

 


 


Council Agenda

25 November 2025

 


 

 


Council Agenda

25 November 2025

 

10.3         Proposal from Lessee to Include Café Operations within Lease Agreement at Bowentown Beach Holiday Park

File Number:          A7017946

Author:                   Kerrie Little, Operations Manager

Authoriser:            Brad Singh, General Manager Infrastructure Group

 

Executive Summary

The purpose of this report is to consider a request from Bowentown Holidays Limited “BHL” to operate a café for the general public from their lease premises at Bowentown Beach Holiday Park, Bowentown which is part of Bowentown Domain.

If Council agree in principle to the operation of the café onsite, then staff will need to initiate the statutory process and undertake public consultation about the proposal as required under Section 119 of the Reserves Act 1977.

Following the completion of the public consultation period, any submissions or objections would need to be heard by Council in its capacity as the administrating body of the reserve.

Recommendation

1.        That the Operation’s Manager’s report dated 25 November 2025 titled ‘Proposal from Lessee to include café operations within lease agreement at Bowentown Beach Holiday 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/does not approve in principle to enter into a variation to Bowentown Holidays Limited lease to include café operations subject to section 54 (1)(d) of the Reserves Act 1977.

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.

 

Background

1.        BHL has applied to operate a café from their lease premises at Bowentown Beach Holiday Park, Bowentown to be accessible by both camp users and the general public. Their proposal is attached (Attachment 1).  The café shall sit within the premises of the existing lease. 

2.       Currently BHL lease reserve land (Bowentown Domain) for the permitted use to operate a camping ground.  To operate a café whether accessible by campground users or the public sits outside the current lease which is subject to section 54 (1) (a) – lease to any person, body, voluntary organisation, or society (whether incorporated or not) any area set apart under section 53(1)(h) for a camping ground.  A café is not consistent with this part of the Act, a café is a trade, business, or occupation subject to section 54(1)(d).

3.       Section 54 (1)(d) permits territorial authorities to grant leases or licences for [as paraphrased from the Reserves Act 1977] “the carrying on of any trade, business, or occupation on any specified site within the reserve provided that the trade, business, or occupation must be necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve”.  Council is to decide whether the addition of the café meets these requirements.

4.       Additionally, the Reserves Management Plan Generic Policy under P4 - Commercial Use Policy states “In general it is inappropriate for public land set aside for reserve purposes to be used for any commercial use. In some instances, however, commercial use can be accommodated without unduly impinging on the use and enjoyment of the reserve, in such cases Council will seek financial compensation for the use of public facilities for commercial gain”.

5.       As a comparison “convenience shops” situated within campground lease premises that sell goods to camp users are permitted within the confines of their lease terms.  A café operation that allows access by the general public sits outside these current permissions.  At present, none of the other campgrounds that lease land from Council include an onsite café operation.

6.      Should approval in principle be granted then Council as the administering body for the reserve, is required to undertake a minimum one month public consultation period on the proposal as prescribed by Section 119 of the Reserves Act 1977.

7.       Following the public consultation, a further report will be prepared to hear and consider any submissions or objections that Council may receive.  Subject to the outcome of any hearing, then Council will need to pass a resolution to exercise its powers conferred on it by delegation under the Reserves Act 1977.

8.      Subject to consent, the lease will be varied to permit the operation of a café in accordance with Section 54(1)(d) of the Reserves Act 1977. At present, the Bowentown Beach Holiday Park lease is authorised under Section 54(1)(a), which restricts permitted use solely as a camping ground.

9.       Any variation to BHL’s lease shall be undertaken at their cost.  The lease variation will incorporate the café’s revenue into the lessee’s total income turnover, which will influence the rent that Council receives. Additionally, the conditions will require that the café is operated in conjunction with the Holiday Park and not as a standalone entity. It may not be assigned independently to another party, nor may any portion of the business be subleased or contracted out separately.

10.     The current lease term ends 2045 and is perpetually renewable subject to the original 1985 lease.

Significance and Engagement

11.      The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy. In making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.

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

13.     In terms of the Significance and Engagement Policy this decision is considered to be of low because the public will have the opportunity to make submissions or objections to the proposal through the prescribed public consultation process required under the provisions of the Reserves Act 1977. There are also no costs for the ratepayers as the applicant would pay for outgoings as part of the terms of the lease variation.

Engagement, Consultation and Communication

Interested/Affected Parties

Planned Engagement/Consultation/Communication

 

Community Board

The Waihī Beach Community Board will be contacted for comment.

Planned

 

Tangata Whenua

Will be contacted during the public consultation period for comment on the proposal.

General Public

The public will be given one month to submit an objection or submission

Issues and Options Assessment

Option A

That Council approves in principle to enter into a variation to Bowentown Holidays Limited lease to include café operations.

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

·    Economic

·    Social

·    Cultural

·    Environmental

The café operation will provide opportunity to employ locals (staff, food producers, delivery providers).

Supports the local economy.

Enhance the enjoyment of recreational users of the adjoining reserve.

There will be minor impact on the open space values of the reserve.

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

All costs relating to the proposal will be met by the applicant.

Council will receive a turnover based rental income.

 

Option B

That Council does not approve in principle to enter into a variation to Bowentown Holidays Limited lease to include café operations.

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

·    Economic

·    Social

·    Cultural

·    Environmental

Local economy not supported.

Employment opportunities lost.

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

No rental income received.

Statutory Compliance

Reserves Act 1977 –

Section 54 (1) (d)

Leasing powers in respect of recreation reserves (except farming, grazing, or afforestation leases).
Grant leases or licences for the carrying on of any trade, business, or occupation on any specified site within the reserve, subject to the provisions set out in Schedule 1 relating to leases or licences of recreation reserves issued pursuant to this paragraph provided that the trade, business, or occupation must be necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve.

Section 119 - One month of public consultation will be required 

Bowentown Domain (Recreation Reserve) is included in the Katikati - Waihī Beach Ward Reserve Management Plan.  The Reserves Management Plan Generic Policy states:

P4 - Commercial Use Policy

Commercial use of reserves will not be allowed unless a formal concession is granted for a particular activity involving a specific site and times during which the activity may take place. Commercial use (including private or commercial access over a reserve) that conflicts with and/or limits the public use and enjoyment of the reserve or affects its amenity will not be permitted.

Where access over a reserve and use of its facilities provides for a commercial activity, such as use of a public boat ramp by commercial fishing boats and/or tourist related activities, Council will require payment of appropriate charges by the commercial user to assist in the maintenance and enhancement of the facility.

Explanation: Commercial use of reserves can detract from its public use and enjoyment or limit its potential to be used for its allocated purpose. In general, it is inappropriate for public land set aside for reserve purposes to be used for any commercial use. In some instances, however, commercial use can be accommodated without unduly impinging on the use and enjoyment of the reserve, in such cases Council will seek financial compensation for the use of public facilities for commercial gain.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

 

All costs relating to the proposal will be met by the applicant.

Council will receive a turnover based rental income.

 

Attachments

1.         Proposal from Bowentown Holidays Ltd  

 

 


Council Agenda

25 November 2025

 






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Council Agenda

25 November 2025

 

10.4         Annual Report 2024-2025

File Number:          A7027850

Author:                   Jonathan Fearn, Chief Financial Officer

Authoriser:            Matt Potton, Acting Group Manager Corporate Services

 

Executive Summary

The purpose of this report is to adopt the audited Annual Report for the year ended             30 June 2025.

The Annual Report is a statutory requirement under sections 98 and 99 of the Local Government Act 2002.  For each financial year, Council is required to prepare, and adopt by resolution, an annual report.

Recommendation

1.        That the Chief Financial Officer’s report dated 25 November 2025 titled ‘Annual Report 2024-2025’ 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 Annual Report 2024-2025 (Attachment 1) for the year ended 30 June 2025 be received, and that Council notes the table of significant amendments (Attachment 2) that outlines the changes made to the Unaudited Draft Annual Report originally included as Attachment 1 of report 10.1 on the Council agenda for 04 September 2025.

4.       That Council receives the Audit Opinion from Audit New Zealand for Western Bay of Plenty District Council’s financial statements and performance information for the year ended 30 June 2025 (Tabled Item 1).

5.       That, pursuant to sections 98 and 99 of the Local Government Act 2002, Council adopts Western Bay of Plenty District Council’s audited Annual Report 2024-2025 (Attachment 1).

6.      That the Chief Executive Officer be delegated authority to make such minor editorial changes to the Annual Report 2024-2025, as may be required prior to printing.

 

Background

The Annual Report for the year ended 30 June 2025, Attachment 1, including Financial Statements, and Non-Financial Performance Reports for each of Council’s activities, is presented for adoption. 

The Council received the Unaudited Draft Annual Report 2024-2025 on 4 September. Subsequent changes to that document have been completed and included in the table of Significant Amendments in Attachment 2. As required the Annual Report includes an explanation of major variances under Note 38 to the Financial Statements, to support readers in their review of the information.

The Annual Report has been audited and is in the final review stage by Audit New Zealand in accordance with Section 99 of the Local Government Act 2002. Audit New Zealand have indicated that they will be issuing an unqualified Audit opinion, which will be tabled to Council at the meeting, Tabled Item 1.

Under Section 98(3) of the Local Government Act 2002 Council is required to prepare and adopt an annual report, within 4 months of the end of the financial year. We note that this report has not met this requirement, as a result of the timing of the interregnum period for Council and there being no opportunity for adoption during this period. A statement to this effect is included in Note 1.2 of the Annual Report.

2024/2025 Highlights

The Statement of Comprehensive Revenue and Expense shows the Council received $201.9m in revenue against a budget of $195.9m. The key components being Rates at 52% and Subsidies and Grants at 27%.

 

Subsidies and Grants received of $55.4m were lower than the budget of $60.7m but significantly higher against last year, $16.2m. The key revenues here were $25.2m from National Infrastructure Funding and Financing Limited, previously known as Crown Infrastructure Partners, and $23.4m from New Zealand Transport Agency Waka Kotahi, with the significant, planned, increase in the capital programme completion driving these revenues.  External subsidy funding was also received for Heron Crescent housing development.

 

Total Expenditure at $149.8m was higher than budgeted expenditure of $140.3m. While Personnel Costs and Finance costs were lower than budget, Depreciation and Amortisation, and Other Expenses were higher than planned. Maintenance costs of $43.5m, against budget of $38.1m, were a significant contributor to the Other Expenses category but overall, these were lower than the prior year by $5.6m.

 

A Net Surplus of $52.0m resulted for the year, reflecting the impact that Subsidies and Grant revenue from timing of capital programme progress and completion.

 

The Statement of Financial Position shows external borrowings of $176.3m at 30 June 2025 an increase of $60m over the 12 months and relevant to the budgeted $179.4m. Council successfully retained its S&P credit rating of AA (long term) and A-1+ (short term) with negative outlook, through the financial year. Lower interest rates compared to prior year and budget, and the application of Councils hedging policy, have helped achieved a lower budgeted finance cost for the year.

 

A net cash inflow from operating activities of $76.4m against budget of $82.5m is a further reflection of the Subsidy and Grant revenues received. A total of $138.0m was invested in property plant and equipment and the additional $60m of borrowings completes the cash movements in the Statement of Cashflows.

 

Council performance measures are selected to provide a quantitative and qualitive feedback against the key goals established in the 2024-34 Long Term Plan. Of the 93 performance measures and targets formally reported in Annual Report 73 targets were met, 15 were not met and 5 were unable to be measured.

 

The Annual Report Disclosure Statement is required to be included in accordance with the Local Government (Financial Reporting and Prudence Regulations 2014. The Rates (Increases) Affordability Benchmark exceeds the 8.99% level, this was set as an average over the 10 years of the LTP and was recorded in the Long Term Plan that the first three years of the plan would exceed this benchmark limit.

The Operations Control Benchmark displays actual net cash flows from operations as a proportion of planned net cashflows. Although $76.4m was the net cash inflow the benchmark did not meet the benchmark predominately because of lower cash inflows from Rates Revenue and Subsidies and Grants revenue compared to Budget 2025.

The 6 other required benchmarks all met required levels.

Audit progress

At the time of publishing this report Audit New Zealand have completed the Audit of the Annual Report and the final review by the Audit New Zealand Partner is the outstanding item. Audit has indicated that an unqualified audit opinion is the result of the audit, and the report will be presented to Council at the Council meeting.

 

A letter of representation will be a tabled at the meeting, Tabled Item 2. Audit representation letters are provided by Council to Audit New Zealand each year in connection with the audit of the financial statements, activities and services statements of Council. These support Audit New Zealand in expressing an opinion on the information presented. This letter is required to be signed by the Mayor and the Chief Executive.

Preparation of Summary Annual Report

The Summary Annual Report is a condensed view of the two major areas of the Annual Report, namely, the Group of Activities reports and Financial Statements. It also includes an extract from the prudential reporting section of the Annual Report. The Summary Annual Report will be provided for information purposes to Council at 16 December 2025 meeting.

Under section 98 of the Local Government Act 2002, Council is required to make its annual report, and summary of the information contained in its annual report, publicly available within one month of its adoption. The summary annual report will be made available within this timeframe and will be signed off by Audit New Zealand following the adoption of the Annual Report 2024-2025.

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 order to guide decisions on approaches of engagement and degree of options analysis.  In making this formal assessment 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:

·    This 2024-2025 Annual Report is provided to compare Western Bay of Plenty District Council’s actual performance for the year, against what was forecasted in the Long-Term Plan or Annual Plan. 

·    There are no identifiable cultural impacts relating to the preparation of the end of year financial accounts, other than general interest.

·    The subject does not affect the level of service of a significant activity. 

Engagement, Consultation and Communication

Interested/Affected Parties

Completed/Planned
Engagement/Consultation/Communication

General Public

The public are to be notified of the adoption of the Annual Report 2023-2024 by advertisement in the local papers and via Council’s website.

 

As per the Local Government Act 2002, copies of the adopted Annual Report and summary are required to be sent within one month of adoption to several government departments, i.e.

a)    The Secretary of Local Government;

b)    The Auditor-General; and

c)    The Parliamentary Library.

Planned

Completed

Internal Staff

All staff to be notified accordingly.

Issues and Options Assessment

Option 1

That the Annual Report for the year ending 30 June 2025 be received and adopted by Council.

Reasons why no options are available

Section 79 (2) (c) and (3) Local Government Act 2002

Legislative or other reference

Every local authority must prepare and adopt in respect of each financial year an annual report.  Each annual report must be completed and adopted, by resolution, within four months after the end of the financial year to which it relates.

Section 98 of the Local Government Act 2002.

Section 99 of the Local Government Act 2002.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

 

The Annual Report provides a comparison between budget and the prior year.

 

Attachments

1.         Annual Report 2024-25

2.        Annual Report - Significant Changes  

 

 


Council Agenda

25 November 2025

 


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Council Agenda

25 November 2025

 



 

 


Council Agenda

25 November 2025

 

10.5         Monthly Financial Report - 30 September 2025

File Number:          A7037492

Author:                   Jonathan Fearn, Chief Financial Officer

Authoriser:            Matt Potton, Acting Group Manager Corporate Services

 

Executive Summary

The purpose of this report is to provide an update on the financial results and Treasury dashboard to Elected Members for the 3 months ended 30 September 2025.

This report also provides the Council with any current Treasury Policy breaches in relation to interest rate hedging, as identified in previous financial reports.

Recommendation

That the Chief Financial Officer’s report dated 25 November 2025 titled ‘Monthly Financial Report - 30 September 2025’ be received.

                                                                                                                                                                                                                                                                                       

Summary

Attached is a summary of the financial performance for the period ended 30 September 2025 along with associated financial statements and analysis in Attachment 1.

The current budgets per the adopted annual plan have been phased monthly to best reflect forecasted timings by budget managers.

The format of this reporting is consistent with previous financial reports to Council and to its committees. A new reporting format is currently being developed to provide a higher level of clarity on the financial performance and position of Council, and to ensure that Elected Members have the information to meet their governance needs and to assist in their decision making

Attachments

1.         P3 September 2025 Financial Report  

 

 

 


Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

10.6         Waihī Beach Life Guard Services Incorporated - Request for extension of tenure of land lease site on Waihī Beach Surf Club Reserve until 2071

File Number:          A7018988

Author:                   Peter Watson, Reserves and Facilities Manager

Authoriser:            Brad Singh, General Manager Infrastructure Group

 

Executive Summary

The current land lease for the Waihī Beach Life Guard Services Incorporated “WBLGSI” has recently been renewed for its second and final term (2020-2041). WBLGSI has made significant investment in upgrading the onsite building and life guard services. To ensure continuity of tenure beyond 2041, WBLGSI are seeking Council’s approval to extend their current lease period by 30 years.

Recommendation

1.        That the Reserves and Facilities Manager’s report dated 25 November 2025 titled ‘Waihī Beach Life Guard Services Incorporated - Request for extension of tenure of land lease Site on Waihī  Beach Surf Club Reserve until 2071’ 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 reserve, grants the Waihī  Beach Life Guard Services Incorporated the right to extend their current lease tenure by a further 30 years (10+10+10) from 2041 for 2410m² of land, more or less, shown on plan DP 307155 to allow for Waihī  Beach Life Guard Services Incorporated facility to remain situated at 2 Beach Road, Waihī Beach;

OR

4.       That Council does not grant The Waihī Beach Life Guard Services Incorporated the right to extend their current lease tenure by a further 30 years (10+10+10).

 

Background

1.        In 2007 the reserve land was subdivided (for lease purposes) to enable perpetual tenure of the site if required, with terms as determined by the lease (Attachment 2).  WBLGSI will continue to invest in improvements to the building and related service infrastructure.  By extending the land lease period the society have surety that they can continue to invest in upgrades and improvements.

2.       WBLGSI is a member of Surf Life Saving New Zealand “SLSNZ” which is a charity association representing 74 Surf Life Sa

3.       ving Clubs across the country.  SLSNZ’s strategic plan to focus on longer-term thinking and unity which they see as essential to their success, and to build a sustainable future for surf life saving in New Zealand.  SLSNZ plan to establish a national infrastructure committee with a 20 – 30 year planning horizon. 

4.       There is protection for Council contained in the lease.  If the society is dissolved or commits an irremediable breach of the lease, the Council, as Lessor, reserves the right to terminate the tenancy. 

Significance and Engagement

5.       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.

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

7.       In terms of the significance and engagement policy this decision is considered to be low significance because Waihī Beach Life Guard Services Incorporated, in some sort of capacity, have operated at Waihī Beach since 1936.

ENGAGEMENT, CONSULTATION AND COMMUNICATION

8.      As the activity has been ongoing for the past 89 years and the current lease secures tenure for WBLGSI until 2041, given the support from its national body SLSNZ,  that the society will be serving a community need into the foreseeable future, and that the lease is identified in the Katikati/Wāhi Beach Reserve Management Plan, staff do not consider public consultation necessary.

Issues and Options Assessment

Option A

That Council, in its capacity as administrating body of the reserve, grants the Waihī  Beach Life Guard Services Incorporated the right to extend their current lease tenure by a further 30 years (10+10+10) from 2041 for 2410m² of land, more or less, shown on plan DP 307155 to allow for Waihī Beach Life Guard Services Incorporated facility to remain situated at 2 Beach Road, Waihī Beach;

 

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

·    Economic

·    Social

·    Cultural

·    Environmental

Ongoing tenure enables WBLGSI to deliver their and SLSNZ’s programme whose purpose is to save lives, develop and support the public, and ensure the safety of our communities at the beach and on the water.  Strategic Priorities - Kapa Kotahi - One Team Support Leadership Resilience. Values - Collaboration Integrity Respect Wellbeing Fun 

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

 

 

N/A

Option B

That Council does not grant The Waihī Beach Lifeguard Services Incorporated the right to extend their current lease tenure by a further 30 years (10+10+10) from 2041.

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

·    Economic

·    Social

·    Cultural

·    Environmental

WBGLSI will have a reduced tenure for the building

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

N/A

Statutory Compliance

9.       The lease is subject to Section 54 of the Reserves Act 1977. As the original lease dates back to 1999, it is now considered outdated under current leasing standards. To extend the term, a new lease will be established rather than varying the existing one. This new lease will include 10-year renewal periods, providing both Council and the Lessee with regular opportunities to update terms and references throughout given the length of the tenure.

10.     The new lease will allow for five yearly rent reviews subject to Council’s Policy for Setting Land Rentals for Club Buildings on Council Land (or any other policy created in substitution).  Currently WBLGSI pays a nominal administration fee of $250.00 p.a. as rent but is exempt for paying for exclusive use of the land as it considered a community service based organisation.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

n/a

 

 

Attachments

1.         Written request to extend lease term from Waihī Beach Life Guard Services

2.        Aerial Plan of Lease Area  

 

 


Council Agenda

25 November 2025

 

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25 November 2025

 

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25 November 2025

 

10.7          Proposal to Extend Lease Area - Te Puke Community Menz Shed Trust at Te Puke Domain

File Number:          A7019828

Author:                   Peter Watson, Reserves and Facilities Manager

Authoriser:            Brad Singh, General Manager Infrastructure Group

 

Executive Summary

The Te Puke Community Menz Shed Trust (TPCMST) have applied to Council for an extension to their land lease area in order to house a storage container to provide extra storage for their activities.

Recommendation

1.        That the Reserves and Facilities Managers report dated 25 November 2025 and titled ‘Proposal to Extend Lease Area - Te Puke Community Menz Shed Trust at Te Puke Domain ’ be received.

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

3.       That Council, acting as administrating body (leasing authority) of the reserve under the Reserves Act 1977, approves granting an extension of approximately 45m² to the current lease area of 174m² for Te Puke Community Menz Shed Trust over Part Section 1 SO 51580, being part of Te Puke Domain, Te Puke;

OR

That Council does not approve granting an extension of approximately 45m² to the current lease area of 174m² for Te Puke Community Menz Shed Trust over Part Section 1 SO 51580, being part of Te Puke Domain, Te Puke.

4.       If approval 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.

 

Background

Te Puke Community Menz Shed Trust (TPCMST)

1.        As of June 2020 Te Puke Girl Guides surrendered their lease they held since 1982 for a portion of Te Puke Domain of 400m² more or less, classified as Local Purpose (site for Girl Guide hall) Reserve.  The surrender was a result of the Te Puke Girl Guide Chapter winding up.

2.       As part of the lease conditions, the building ownership was passed on to Council from the Girl Guides Association New Zealand Incorporated.

3.       Council subsequently went through an ‘Expressions of Interest ‘ process inviting community groups to submit a proposal to use the building. The Te Puke Community Board assessed the expressions of interest and at it’s meeting on 29th July 2021 recommended to Council that a lease be entered into with the Te Puke Menzshed Trust. A lease was subsequently entered into on 22 November 2022.

4.       Since then, membership has grown to a point  more workspace is now required.  By relocating  timber storage to a container this would allow for 2-3 more workstations. See proposal from TPCMST - Attachment 1 and Attachment 2.

5.       The container will require to be placed onsite when conditions are favourable, i.e. ground not too wet and be set back from the existing building by two metres to meeting Building Act 2004 requirements.

Council requirements

6.      Staff are of the opinion there are no issues that would require public feedback as the location of the container would not impede on the public’s recreation use of that small part of the reserve. On this basis, there is no requirement under the Reserves Act 1977 to publicly advertise a variation to a lease. 

7.       Staff recommend that the container is painted in a colour that would allow for least visual impact and that they are maintained in a tidy state.eg removal of any graffiti.

Significance and Engagement

8.      The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy. In making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions. The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.

9.       In terms of the Significance and Engagement Policy, this decision is considered to be of low significance because the activity is already established and supported by the community and there are no costs for the ratepayers as the applicants would pay for the container placement, along with future outgoings and maintenance, which will be required as a condition of the lease.


 

Issues and Options Assessment

Option A

That Council, acting as administrating body (leasing authority) of the reserve under the Reserves Act 1977, approves granting an extension of approximately 45m² to the current lease area of 174m² for Te Puke Community Menz Shed Trust over Part Section 1 SO 51580, being part of Te Puke Domain, Te Puke.

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

·    Economic

·    Social

·    Cultural

·    Environmental

Advantages

·    TPCMST would be able to support increasing membership

·    Wellbeing outcomes for community members are achieved

Disadvantages

·    Open space values will be affected with the placement of the container in a reserve

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

Capital and maintenance costs for the proposed building will be met by TPCMST.

Option B

That Council does not approve the request to extend the current lease area.

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

·    Economic

·    Social

·    Cultural

·    Environmental

Advantages

·    Open space values will not be affected with the establishment of a container

Disadvantages

·    TPCMST would not be able to expand their activities thereby limiting membership

·    Community well being benefits would not be realised

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

N/A

Statutory Compliance

10.     Reserves Act 1977 – section 114.  The covenants, terms, conditions, and restrictions expressed or implied in a lease under this Act may at any time be expressly varied, negatived, or added to by a memorandum of variation containing such particulars as may be necessary in the circumstances of the case. As the reserve is vested in Western Bay of Plenty District Council, Council  is declared the administration body or  leasing authority of the reserve and this report seeks Council’s approval to vary the lease and so the variation is considered executed by the administrating body.

11.      Building Act 2004 - A Building Consent will be sought if required.

12.     Te Puke Domainis included in the Te Puke-Maketu Ward Reserve Management Plan.

13.     Below is the relevant policy relating to the establishment of buildings or structures on reserve land as per the District Wide Reserve Management Plan.

14.     A brief assessment of the proposal against the criteria contained in the bullet points within the Policy below has been undertaken and recorded against the assessment criteria.

Policy 3 - Buildings and Structures

15.     Buildings on reserves will be for sporting and recreation purposes and/or to facilitate the appropriate use of the reserve by the public.

16.     Any potential adverse effects of buildings and structures (whether located on or adjacent to reserve land) on the amenity values and physical features of the reserve and on neighbouring properties should be avoided, remedied, or mitigated.

17.      In proposing to locate a new building on a reserve (by Council or by others), or when considering proposals for the extension of an existing building, or when considering the effects of a proposed building on land adjacent to a reserve, the following shall be taken into consideration, as per the Reserve Management Plan.

·     The need for the building to be located on reserve land: 

The container building needs to be located adjacent to the established building and activity in order to function as an onsite storage facility.

 

·     The scale of the proposed structure in relation to the reserve and its foreseeable use:

The reserve is on residential zoned land, and the facility meets the requirements of the District Plan as a permitted activity. The proposed container siting does not impact on any future plans of the Domain.

 

·    The siting, design, materials and colour of the proposed building or structure:

The container will be painted to fit within its environment visually and match the existing building.

·    The design and development of buildings and structures are energy and water efficient, and stormwater is managed effectively:

The size of the container will not require stormwater management.

·    The financial position of the applicant to properly construct and maintain the facility, and ongoing associated costs:

The container and works are minor, and the organisation has the financial capacity to purchase and site the container.

·    The conservation of open space, views, significant vegetation, and significant landscape features:

N/A

·    The effects of providing access to and parking for the proposed building or structure: 

N/A

·    The potential visual or physical effects of the building or structure on neighbouring properties:

Te Puke Domain: There are no affected neighbouring residential properties, and the building is screened by vegetation between the school and the reserve and from the road by the existing building.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

 

All costs relating to the construction of the proposal are to be borne by TPCMST.

 

Attachments

1.         Te Puke Community Menz Shed Trust - site plan of container location

2.        Te Puke Community Menz Shed Trust - Application for container placement  

 

 


Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

10.8         Land Exchange - 340 Ōmokoroa Road with part of Kaimai Views Reserve, Ōmokoroa

File Number:          A7011871

Author:                   Peter Watson, Reserves and Facilities Manager

Authoriser:            Brad Singh, General Manager Infrastructure Group

 

Executive Summary

The purpose of this report is to obtain a resolution from Council to initiate the statutory process under the Reserves Act 1977 for a land exchange to allow for the creation of two medium density lots off Sentinel Avenue, Ōmokoroa.

Recommendation

1.        That the Reserves and Facilities manager’s report dated 25 November 2025 titled ‘Land Exchange - 340 Ōmokoroa Road with part of Kaimai Views Reserve, Ōmokoroa’ be received.

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

3.       That pursuant to s.15 of the Reserves Act 1977 Council resolves in principle to exchange reserve land  for other adjoining land  and hereby instructs staff  to carry out public notification of the proposed boundary exchange generally as per the attached plan between 340 Ōmokoroa Road  being Section 1 SO 503077 owned by WFT Property Two Limited and Lot 253 DP 538477 being part of Kaimai Views Reserve, Ōmokoroa, as required by s.119 of the Reserves Act 1977; or

4.       That Council resolves not to exchange the reserve land for other adjoining land as described in resolution 3 above.

5.       That Council, in its capacity as administrating body of the reserve, resolves that Lot 253 Deposited Plan 538477 is classified in accordance with the Reserves Act 1977, s16 (2A) and classified as "Recreation Reserve" in accordance with the Reserves Act 1977, s23.

 

Background

LAND EXCHANGE

1.        BestStart (WFT Property Two Limited) who are owners of 340 Ōmokoroa Road wish to set up a new childcare centre at the site.  As part of the land development the proposal is to gain access to the childcare centre from Ōmokoroa.

2.       The site is located on the western side of Ōmokoroa Road, approximately 150m from the intersection with Settlers Ave and Ridge Drive.  The site is roughly triangular and has a total area of 6046m2 held in one Record of Title (Section 1 SO 503077, RT 762781) at 340 Ōmokoroa Road, Ōmokoroa.

3.       There is existing vehicle access to the site from Ōmokoroa Road. The southwestern corner of the site touches Sentinel Avenue, however there is no legal road frontage due to a narrow parcel of recreation reserve located between the site and the road reserve (Sentinel Avenue). The site does have legal access over an adjoining right of way to the south which accesses to Sentinel Avenue (Lot 246 DP 533877).

4.       The applicant obtained a resource consent (RC14446LS)in September 2025 for a combined three lot subdivision consent (two additional lots) and land use consent to establish and operate a childcare facility for 92 children and 20 Full-Time-Equivalent staff. (Attachment 1 and 2).

5.       Resource consent RC14446LS created the following lots:

(a)    Three lot subdivision (two additional lots)

(b)    Lot 3 is proposed to contain the proposed childcare centre

(c)    Lot 2 will contain the existing dwelling and gully/bush area

(d)    Lot 1 will be vacant and suitable for residential development or further subdivision.

6.      To service the above lots, Lot 1 would have access from Sentinel Avenue via a current right of way, and Lots 2 and 3 would gain access from Ōmokoroa Road via an upgraded vehicle crossing and a new right of way. Following a Limited Notification Hearing at Council on 12th July 2025, the Commissioner granted a resource consent to subdivide the site and establish a childcare centre.

7.       The applicant has requested a land exchange to enable better utilisation of the balance of land (Lot 1). To give effect to this outcome, an agreement would be entered into for the exchange of part of Kaimai Views Reserve land (Lot 253 DP 538477 RT 901155) for part of the original lot to be subdivided being 340 Ōmokoroa Road (Section 1 SO 503077, RT 762781) pursuant to Section 15 of the Reserves Act 1977.

8.      The agreement would include compensation to Council for the potential return on the better utilisation of the property on a ‘before’ and ‘after’ basis

9.       The proposed areas for exchange (subject to final survey) are as follows (Attachment 1 and 2).

·    Council reserve - (173m²) to be transferred from Council to the owners of 340  Ōmokoroa Road as fee simple land.

·    340 Ōmokoroa Road - (460m²) to be transferred from 340 Ōmokoroa Road to Council as Recreation Reserve.

10.     The exchange should provide “betterment” for the landowners.  Valuation of the betterment and a payment to Council will be part of the process. The valuation would be basis on its potential use, not on the area of land being exchanged. Costs associated with either process would be borne by the applicant.

11.      The purpose of this report is to obtain a resolution from the Council to initiate the statutory process for a land exchange which includes undertaking public consultation.

12.     Pursuant to Section 15 of the Reserves Act 1977, Council can not pass a resolution under delegated authority to approve a land exchange until it has gone through the required public notification identified in Section 119 of the Reserves Act 1977.

13.     In accordance with Section 119 of the Reserves Act 1977, Council as the administering body for the reserve, is required to undertake a minimum one month public consultation period on the proposed land exchange.

14.     Following the public consultation, a further report will be prepared to hear and consider any submissions or objections that Council may receive.  Subject to the outcome of any hearing, then Council will need to pass a resolution to exercise its powers conferred on it by delegation under the Reserves Act 1977, to authorise the exchange. 

15.     If approval is granted for the land exchange then the applicant will need to undertake a subdivision to effect the exchange.

CLASSIFICATION OF RESERVE IN CONJUNCTION WITH LAND EXCHANGE PROCESS

16.     The reserve involved in the proposed land exchange is Kaimai Views Reserve land (Lot 253 DP 538477 RT 901155). This reserve has not been formally classified under the Reserves Act 1977. To legally assign a classification to these reserves, a resolution from Council is required.  The classification process would be undertaken prior to the land exchange.

17.      When a subdivision survey plan for deposit specifies that the land will vest in Council as a reserve under the Reserves Act 1977, the land is deemed to be subject to the Act once deposited. However, it remains unclassified until Council passes a formal resolution.  A gazette notice will be published to record the classification type.

Significance and Engagement

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

Reserve Classification - The resolution requested concludes a legal process to formally classify reserve land.

 

Land Exchange – The subject area of reserve land is a thin triangular shape and offers little recreation and open space values, where as the area of land for exchange offers an extension to the gully area and native vegetation planting.

Engagement, Consultation and Communication

Reserve Classification - No such public notice shall be necessary where the classification proposed is a condition subject to which the land was acquired for reserve purposes. In this case the land was vested by subdivision.  Regardless of the type of reserve that may be noted on the subdivision plan prior to classification using s16(2A) Council may either select the same or another type of reserve classification that best suits the use of the land.  In this case the classification proposed is Recreation as the intended plan.

Land Exchange:

Interested/Affected Parties

Planned
Consultation/Communication

Tangata Whenua

Will be contacted during the public consultation period for comment on the proposal.

 

General Public

The public will be given one month to submit an objection or submission with regard to the land exchange.

Issues and Options Assessment

Option A

Undertake Land Exchange

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

·    Economic

·    Social

·    Cultural

·    Environmental

Additional rateable properties.

Satisfies applicant's request.

Potential financial compensation for Council for betterment offered.

Reserve land available for biodiversity planting.

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

All costs in relation to the land exchange will be met by the applicant, being the owners of 340 Ōmokoroa Road.

 

 

 

 


 

Option B

Do not undertake land exchange

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

·    Economic

·    Social

·    Cultural

·    Environmental

No additional rateable properties.

Applicant request not met.

Lost opportunity for betterment compensation.

Lost opportunity for biodiversity planting.

 

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

 

Statutory Compliance

The relevant legislation is the Reserves Act 1977, the Resource Management Act 1991.

Land Exchange:

Pursuant to s. 15 of the Reserves Act 1977, Council can not pass a resolution to exercise its powers conferred on it by delegation under the Reserves Act 1977 for the approval of a land exchange until it has gone through the required public notification identified in s.119 of the Reserves Act 1977.

Reserve Classification:     

Where a reserve has been vested in Council and has been created under part 10 of the Resource Management Act 1991 (Reserves Act s16(2A)(g)) Council must by resolution classify the reserve according to its principal or primary purpose, typically recreation or local purpose reserve.

Section 41 of the Reserves Act sets out the requirements for management plans. Section 41 (3) requires that a management plan shall provide for and ensure the use, enjoyment, maintenance, protection, and preservation, as the case may require, and, to the extent that the administering body’s resources permit, the development, as appropriate, of the reserve for the purposes for which it is classified.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

 

All costs in relation to the land exchange will be met by the applicant, being the owners of 340 Ōmokoroa Road.

The land exchange may be considered “betterment” and as such will need to be valued and with a potential payment to Council.

Attachments

1.         Scheme Plan - 2 Lot Subdivision

2.        Scheme Plans - Land Exchange Area  

 

 


Council Agenda

25 November 2025

 

 


Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

10.9         Right to Drain Water and Overland Water Easement over Mangawhai Estuary Esplanade Reserve in favour of Council (in Gross) and Lots 210,211,216,217,221 DP 614264

File Number:          A7015820

Author:                   Peter Watson, Reserves and Facilities Manager

Authoriser:            Brad Singh, General Manager Infrastructure Group

 

Executive Summary

This report seeks Council’s consent under its delegated authority in respect of the granting of rights of easements in accordance with Section 48(1) and classification of reserves in accordance with Sections s16 (2A) and 23 of the Reserves Act 1977:

Easement

Easement ‘S’ – right to drain water and drain water (overland) in favour of Council (in gross); and

Easement ‘Q’ - right to drain water (overland) in favour of privately owned lots 210,211,216,217,221 DP 614264; over part of Mangawhai Estuary Esplanade Reserve (Lots 5 DPS 29893 and 3 DPS 65152); which will allow the discharge of stormwater to Tauranga Harbour.

Classification

Lots 5 DPS 29893 and 3 DPS 65152 are classified as "Local Purpose (Esplanade) Reserve”.

 

Recommendation

1.          That the Reserves and Facilities Manager’s report dated 25 November 2025 titled ‘Right to Drain Water and Overland Water Easement over Mangawhai Estuary Esplanade Reserve in favour of Council (in Gross) and Lots 210,211,216,217,221 DP 614264’ 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 the easements shown on the attached plan (Attachment 1) to allow:

            Council to drain water and drain water (overland) over Lot 5 DPS 29893 (easement ‘S’); and Lots 210,211,216,217,221 DP 614264 drain water over Lot 3 DPS 65152 (easement ‘Q’).

         OR

4.         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 DOES NOT consent to the creation of the easements shown on the attached plan (Attachment 1) as described above.

5.       That Council, in its capacity as administrating body of the reserve, resolves that Lots 5 DPS 29893 and 3 DPS 65152 are classified in accordance with the Reserves Act 1977, s16 (2A) and classified as "Local Purpose (Esplanade) Reserve" in accordance with the Reserves Act 1977, s23.

 

 

Background

 

EASEMENT

As part of Resource Consent 13484LS for Te Awanui Waters Stage 6, a requirement for multiple easements has been prescribed to allow drainage of water and drainage of water (overland):

a)        Easement ‘S’ - water and drainage of water (overland) in favour of Council in gross             from a newly created local purpose stormwater [pond] reserve; and

b)        Easement ‘Q’ - drainage of water (overland) in favour of residential Lots             210,211,216,217,221 DP 614264.

 

To lawfully drain water, both by pipe or overland an easement is required over the adjacent esplanade reserve as shown in Attachment 1.

 

The Developer’s agent has formally applied for the Western Bay of Plenty District Council’s consent to the easements as per Attachment 1.

 

A survey plan has been created to detail the proposed easement’s location, refer Attachment 1.

 

The land over which the easements are to be created, is an esplanade reserve and is subject to the provisions of the Reserves Act 1977.

 

The stormwater will be piped or discharge naturally overland over the easement areas situated over part of the esplanade reserve and does not affect the public’s right to access across the reserve.

 

The easement document ensures the protection of the esplanade reserve, especially for overland flow, and provides the necessary legal right for the discharge of stormwater either underground or overland across the esplanade reserve.

 

For the overland flow exiting the stormwater pond over easement ‘S’, if a path is to be formed across the spill-way at a future time the 1:6 gradient into and out of the spill-way floor is not an unreasonable impediment to cross so will not significantly impact the ability for a cycleway/walkway to be constructed along the esplanade reserve.

 

The Department of Conservation require that, in terms of the delegation of the Minister's powers under the Reserves Act 1977, this is to be made by Council and recorded as such.

CLASSIFICATION OF RESERVE IN CONJUNCTION WITH EASEMENT PROCESS

The council owned land involved in the proposed easements are Lot 5 DPS 29893 and Lot 3 DPS 65152. These land parcels have not been formally classified under the Reserves Act 1977. To legally assign a classification to these reserves, a resolution from Council is required.  The classification process would be undertaken prior to the registration of the easement.

When a subdivision survey plan for deposit specifies that the land will vest in Council as a reserve under the Reserves Act 1977, the land is deemed to be subject to the Act once deposited. However, it remains unclassified until Council passes a formal resolution.  A gazette notice will be published to record the classification type.

LAND TITLE REQUIRED FOR LOT 5 DPS 29893

A land title is required for Lot 5 DPS 29893 in order to register the easement.  As part of the process a land title will be ordered for the land at the cost of the applicant.  Lot 3 DPS 65152 currently holds a title, SA52D/942.

Significance and Engagement

This item does not trigger Council’s policy on significance.

Issues and Options Assessment

 

Option A

Council consents to:
Council to drain water and drain water (overland) over Lot 5 DPS 29893 (easement ‘S’); and Lots 210,211,216,217,221 DP 614264 drain water over Lot 3 DPS 65152 (easement ‘Q’).

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

·    Economic

·    Social

·    Cultural

·    Environmental

·    For easement ‘S’ this enables Council (Utilities Department or proposed CCO) to allow their Stormwater Reserve to effectively discharge stormwater into Tauranga Harbour via the esplanade reserve.

·    For easement ‘Q’ this ensures runoff is directed away from soakage to an approved point (Tauranga Harbour).

·    This option supports the structure planning process which identified a stormwater pond in this location.

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

·    Costs for the creation of the easement(s) are borne by the Developer.

·    For easement ‘S’ while both the Grantor and Grantee is Western Bay of Plenty District Council, the easement instrument prescribes the responsibilities for each Council Department as parties to the easement (Utilities and Reserves).

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

N/A

Option B

Council does not give consent to:
Council to drain water and drain water (overland) over Lot 5 DPS 29893 (easement ‘S’); and Lots 210,211,216,217,221 DP 614264 drain water over Lot 3 DPS 65152 (easement ‘Q’).

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

·    Economic

·    Social

·    Cultural

·    Environmental

·    If Council declines the easement, it would not be possible to release stormwater elsewhere. 

·    Council wants to ensure that stormwater runoff is directed away from soakage to an approved point, in this case the Tauranga Harbour.  

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

N/A

 

Statutory Compliance

Section 48 (1) of the Reserves Act 1977 provides Council with the Statutory authority to grant easements over reserves.

Where a reserve has been vested in Council and has been created under part 10 of the Resource Management Act 1991 (Reserves Act s16(2A)(g)) Council must by resolution classify the reserve according to its principal or primary purpose, typically recreation or local purpose reserve.

Funding/Budget Implications

Budget Funding Information

Relevant Detail

No funding required.

A processing fee of $225 per hour is required from the applicant to allow the processing of the easement documentation. 

 

Attachments

1.         Survey Plan of easements and plan showing stormwater pond  

 

 


Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

10.10       Exercise of Delegation by Interim Chief Executive Officer During the Interregnum Period 2025

File Number:          A7025612

Author:                   Robyn Garrett, Governance Manager

Authoriser:            Miriam Taris, Interim Chief Executive Officer

 

Executive Summary

         Section 86 of the Local Electoral Act 2001 combined with Clause 14 of Schedule 7 of the Local Government Act 2002 stipulates that from the date of the declaration of election result (Friday, 17 October 2025), until the new members’ declarations are taken at the inaugural Council meeting (Wednesday, 5 November 2025) neither the outgoing nor the incoming elected members can act in their capacity as members of the Council.  This is defined as the interregnum period.

          Accordingly, at the Council meeting of 4 September 2025, Council delegated its responsibilities, duties, and powers, other than those that were statute-based, to the Interim Chief Executive Officer to enable her to make decisions in respect of urgent matters.

Recommendation

1.       That the Governance Manager’s report dated 25 November 2025 titled ‘Exercise of Delegation by the Interim Chief Executive Officer during the Interregnum Period 2025’ 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 notes that, pursuant to the delegations to the Interim Chief Executive Officer during the interregnum period, the following actions were taken:

·          Approval of remission of accumulated rates penalties on several properties;

·          Approval of a minor amendment to the Rates Remission for Contiguous Land Policy to ensure legal compliance;

·          Approval of an agreement to resolve a dispute over payment of Financial Contributions (FINCOs);

·          Appointment of independent hearings commissioners to cover any hearings that were required;

·          Staff delegations under resource management legislation.

 

Background

1.        At the 4 September 2025 Council meeting, Council made various delegations to the Interim Chief Executive Officer (Resolution CL25-13.15) to enable appropriate decision making while Council was in the interregnum period after the triennial election and before elected members made their declarations of office.  Any decisions made under this delegation are required to be reported back to Council. The decisions made by the Interim Chief Executive Officer under the interregnum delegations are listed below.

2.       Approval was given for remission of accumulated rates penalties for several properties in Maketu as these penalties were not recoverable from the existing occupants and the remission would enable potential sale of the properties.

3.       A minor amendment to the wording of the Rates Remission for Contiguous Land Policy was approved, to ensure the policy was legally compliant.  The wording of the policy had stated that the rates database would be amended to reflect the lease situation in the rating year following the application for contiguity, however Section 20 of the Local Government Rating Act 2002 provided for this to happen during the rating year.

4.       The Chief Executive Officer executed an agreement to resolve a FINCOs dispute in relation to 149 Prole Road – Trinity Lands.  A mutually acceptable solution and middle ground was found regarding whether the 24/25 or 25/26 year’s FINCOs applied under a subdivision and land use consent.

5.       Several independent accredited Commissioners were appointed by the Interim Chief Executive Officer to conduct hearings and/or decide on resource consent applications if required. No hearings were held during the interregnum period.  Two Western Bay of Plenty District Council (WBOPDC) resource consents were signed off by an approved independent Commissioner, being RC14823L – Construction of a pedestrian footbridge at Waihi Beach, and RC14824L – Resource recovery centre at Ōmokoroa.  Approval for appointment of independent commissioners to hear any future consents where WBOPDC is the applicant remains in place until October 2026.  

6.      The Interim Chief Executive Officer approved various functional delegations made to the Environmental Consents Manager and environmental planning staff under the Resource Management (Consenting and Other System Changes) Amendment Act 2025.

Significance and Engagement

7.       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.

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

9.       In terms of the Significance and Engagement Policy this decision is considered to be of low significance because it is essentially an administrative report to Council to ensure provision is made for the normal conduct of Council authorised business for the period between the declaration of the final election results and the formal declaration of Council 2025-2028. Any actions taken in the period covered by the delegation are required to be reported to the first ordinary meeting of the new Council.

Engagement, Consultation and Communication

10.     Given the low level of significance determined, no engagement is required.

Interested/Affected Parties

Completed/Planned
Engagement/Consultation/Communication

Council

Council will receive a report of any action taken during the interregnum period at its first business meeting.

Planned

Completed

Tangata Whenua

General Public

 

Issues and Options Assessment

Council notes the actions taken pursuant to the delegations to the Interim Chief Executive Officer during the interregnum period.

Reasons why no options are available

Section 79 (2) (c) and (3) Local Government Act 2002

Legislative or other reference

The Local Electoral Act specifies the period of interregnum.  Clause 14 of Schedule 7 of the Local Government Act 2002 sets out the requirements that must be met before an Elected Member may act in their capacity as a member of a local authority.

Clauses 14 and 32 Schedule 7 Local Government Act 2002

Sections 115 and 116 Local Electoral Act 2001

Statutory Compliance

11.      Council may delegate its responsibilities, duties or powers (subject to certain exceptions) for the purposes of efficiency and effectiveness pursuant to Clause 32 of Schedule 7 Local Government Act 2002.

Funding/Budget Implications

12.     There are no funding or budget implications associated with this report.

 

 

 

 

 


Council Agenda

25 November 2025

 

10.11        Council governance structure, establishment of committees and appointment of Chairs and Deputy Chairs for the 2025-2028 Triennium

File Number:          A6911259

Author:                   Robyn Garrett, Governance Manager

Authoriser:            James Denyer, Mayor

 

Executive Summary

The purpose of this report is to advise the Council that the Mayor has exercised his discretionary power under Section 41A(3) of the Local Government Act 2002 to establish committees of Council, to advise the membership of the committees and the appointment of the Chairs and Deputy Chairs of those committees, and to advise of various other appointments to joint committees, advisory groups, panels and working parties.

Recommendations

1.    That the Governance Manager’s report dated 25 November 2025, titled ‘Council Governance structure, establishment of Committees and appointment of Chairs and Deputy Chairs for the 2025-2028 triennium’, be received.

2.   That Council notes that His Worship the Mayor has exercised his powers under s41A of the Local Government Act 2002 to establish committees of Western Bay of Plenty District Council, and to appoint Chairs and Deputy Chairs to those committees.

3.   That Council acknowledges the establishment and membership of committees and appointments made as outlined in the following table:

Committee membership and other appointments

Committees of Council

Committee

Chair/Deputy Chair

Members

Audit, Risk and Finance

Chair: Councillor Coxhead

Deputy: Councillor Joyce

Committee of the Whole

(all councillors)

One independent member

Projects and Monitoring

Chair: Councillor Sole

Deputy: Councillor Rae

Committee of the Whole

(all councillors)

Chief Executive Performance

Chair: Mayor Denyer

Deputy: Deputy Mayor Murray-Benge

Councillor Coxhead

Councillor Elvin

District Plan and Regulatory Hearings

Chair: Deputy Mayor Murray-Benge

Deputy: Councillor Dally

Mayor Denyer

Councillor Dinsdale

District Licensing

 

Independent commissioners

 

Council and Tangata Whenua

Forum

Council Members

Te Ihu o Te Waka o Te Arawa

Mayor Denyer

Councillor Dally

Councillor Rae

Councillor Beech

Councillor Dinsdale

Te Kāhui Mana Whenua o Tauranga Moana

Mayor Denyer

Deputy Mayor Murray-Benge

Councillor Joyce

Councillor Sole

Councillor Coxhead

Councillor Elvin

Councillor Dinsdale

 

Joint Committees

Committee

Members

Alternates

SmartGrowth Leadership Group

Mayor Denyer

Deputy Mayor Murray-Benge

Councillor Dally

Councillor Elvin

Regional Deals Governance Group

Mayor Denyer

Deputy Mayor Murray-Benge

Bay of Plenty Civil Defence Emergency Management Group

Mayor Denyer

Councillor Beech

Bay of Plenty Mayoral Forum

Mayor Denyer

 

Regional Transport

Mayor Denyer

Councillor Dally

Public Transport

Committee still to be confirmed

 

Tauranga and Western Bay of Plenty Transport

Committee still to be confirmed

 

 

Joint Advisory Groups and Working Parties

Group

Members

Alternates

Kaituna Catchment Control

Councillor Beech

Councillor Dally

Te Maru o Kaituna

Councillor Dinsdale

Councillor Rae

Waiāri Kaitiaki Advisory Group

Councillor Rae

Councillor Dinsdale

Councillor Beech

Te Ohu Parawai o te Waiāri

Councillor Dally

Councillor Rae

 

Tauranga Moana Advisory Group

Councillor Joyce

Councillor Dinsdale

Councillor Sole

Te Ohu Waiora

Councillor Joyce

Two Katikati Community Board members

 

 

Other appointments

Group

Members

Alternates

CCO Appointment Panel

Deputy Mayor Murray-Benge

Councillor Elvin

Creative Communities Panel

Councillor Coxhead

Councillor Dinsdale

 

CCTV Working Party

Deputy Mayor Murray-Benge

Councillor Joyce

Councillor Beech

 

 

4.   That Council adopts the proposed Council and Committee Terms of Reference (Attachment 1), noting that the committees can review and identify any required amendments to Terms of Reference and submit any proposed amendments to the Council for consideration.

5.   That Council agrees that the most recent 2022-25 Terms of Reference for joint committees and working groups be adopted as the initial Terms of Reference for the 2025 term, with updated membership, pending any revised Terms of Reference.

6.   That Council approves the continuation of the existing Terms of Reference for Community Boards (Attachment 2), while noting that these Terms of Reference are currently under review with amended Terms of Reference expected to be brought back to Council for consideration in the new year.

 

Background

1.        Under Section 41A of the Local Government Act 2002, Mayors have the authority to establish committees of Council and appoint their respective Chairs and Deputy Chairs.

2.       Section 41A does not limit or prevent Council from discharging or reconstituting a committee established by the Mayor; appointing more committees in addition to any established by the Mayor; or discharging the appointment of the chairpersons.  Should the Council choose to take any of these actions, it must follow the procedures outlined in Schedule 7 of the Local Government Act 2002.

3.       Section 41A of the Local Government Act 2002 provides that a Mayor is a member of every committee of Council. This means that regardless of a committee’s purpose or composition, the Mayor has the right to participate as a member.

4.       Clause 30(7) of Schedule 7 of the Local Government Act 2002 provides that, unless the Council resolves otherwise, any committee, subcommittee, or other subordinate decision-making body is deemed to be discharged upon the coming into office of members elected at a triennial general election. In the previous triennium, the Council resolved not to discharge its District Licensing Committee following the October 2025 triennial general election. The Committee has continued to operate and exercise its delegated responsibilities and is now included in the Mayor’s Committee structure.

5.       The Audit, Risk and Finance Committee established by the Mayor includes one independent member.  Appointment of at least one independent member to audit and risk committees is considered local government best practice and is a common feature of those committees in many local authorities.  While the Audit, Risk and Finance Committee’s role includes a finance review function, it is also expected that regular financial reporting will be made to Council.

6.      For clarity, the CCO Appointments Panel does not have delegation for appointments to any water services CCO established as part of the implementation of the Local Waters Done Well reform.  It is also noted that, at its 14 November 2025 meeting, Council confirmed the appointments of its representatives on the Joint Elected Members Governance Group and the Western Bay of Plenty District Council Elected Members Working Group as part of the progression towards the establishment of a Multi-Council Water Organisation.

7.       Following the Local Government Commission decision in April on Western Bay of Plenty District Council representation arrangements, five Community Boards were established, providing district-wide Board coverage (except for Matakana and Rangiwaea Islands).  The establishment of the expanded Boards has provided the opportunity to review the Community Boards’ roles and delegations, and revised Terms of Reference will be considered by Council in 2026.

8.      Council meetings will be scheduled monthly, with the two standing committees – Audit, Risk and Finance, and Projects and Monitoring – meeting bi-monthly on alternating months. A full draft meeting schedule, including committee and joint committee dates where these have been set, will be brought to the December Council meeting.  Community Boards will meet every eight weeks.

Attachments

1.         Council / Committees - Terms of Reference - November 2025

2.        Community Boards - Terms of Reference - November 2025  

 

  

 

 

 

 

 

 

 

 

 


Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

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Council Agenda

25 November 2025

 

10.12       Councillor remuneration for the 2025-2028 Triennium

File Number:          A7032597

Author:                   Robyn Garrett, Governance Manager

Authoriser:            Emily Watton, Acting General Manager Strategy and Community

 

Executive Summary

The purpose of this report is to allocate councillor remuneration for the 2025-2028 triennium.  The Remuneration Authority determines total remuneration pools for local authorities (excluding Mayoral remuneration), which is then allocated as determined appropriate for its own governance structure by each council.   

Recommendation

1.    That the Governance Manager’s report dated 25 November 2025, titled ‘Councillor Remuneration for the 2025-2028 Triennium”, be received.

2.   That Council approves for submission to the Remuneration Authority the following remuneration allocation for the 2025-2028 Triennium:

·    The Deputy Mayor receives remuneration of $100,000.

·    The Chairpersons of the two standing Committees of the Whole receive remuneration of $85,000.

·    The balance of the remuneration pool be evenly split among the remaining six Councillors with each receiving $76,232.50.

3.   That Council notes that councillors may also claim allowances as applicable in accordance with the Local Government Elected Members (2025/26) Determination 2025 and amendments.

Background

1.    The Remuneration Authority is responsible under the Local Government Act 2002 to determine and monitor Elected Member remuneration.  Mayoral remuneration is set as a total remuneration package, and Community Board member remuneration is set directly by the Remuneration Authority.

2.   The level of honorarium received by Councillors must be allocated by a council within the limits of a funding pool set by the Remuneration Authority each financial year.

3.   For the post-election period of the 2025-26 financial year (from 17 October 2025 until 30 June 2026) the funding pool for Western Bay of Plenty District Council is $727,395. Council must allocate the entire funding pool and may not exceed it. 

      The Remuneration Authority has set the minimum amount a Western Bay of Plenty District Councillor can be paid as $51,957.

4.   In recognition of the particular demands and responsibilities of the role, it is proposed that the Deputy Mayor be paid $100,000; and that, in recognition of the additional workload associated with chairing a Council Committee, that the Chairpersons of the two standing Committees of the Whole be paid $85,000.

5.   The balance of the funding pool will be split evenly amongst the remaining six councillors with each receiving remuneration of $76,232.50, which is above the required minimum of $51,957.

6.   Once resolution has been reached on allocation of the funding pool, the Remuneration Authority is notified for its determination on the allocation.  The Authority considers the allocation of roles and the appropriateness of the proposed remuneration in its determination.

7.   Once the determination has been gazetted, payment to Councillors is adjusted to the determined level.

Next Steps

8.   Once Council has approved the remuneration allocations, it will be submitted to the Remuneration Authority, with required supporting information, for approval and gazetting.

9.   The Authority’s decision will be included in the amendment determination in February; elected members will be back paid to the appropriate date of either election result declaration, date of Mayoral appointment or date of Council resolution.

 

   

 

 


Council Agenda

25 November 2025

 

10.13       Mayor's Report to Council

File Number:          A7029153

Author:                   James Denyer, Mayor

Authoriser:            James Denyer, Mayor

 

Executive Summary

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

Recommendation

That the Mayor’s report dated 25 November 2025 titled ‘Mayor’s Report to Council’, be received.

 

Background

External functions and meetings attended by Mayor James Denyer between 26 August 2025 and 16 November 2025 include:

Chris Joblin, Regional Deal                                                                                26 August
Gia Nelson, Tuia                                                                                                 27 August
Tangi Utikere MP                                                                                                28 August
Tapuika reps re Te Puke wastewater issues                                                     28 August
Regional Deals governance update, Teams                                                    29 August
AIMS Games function and opening ceremony, Baypark                                31 August
Tom Rutherford MP                                                                                           1 September
Mark Mayston                                                                                                    1 September
Toi Tauranga Art Gallery opening announcement function, Tauranga         3 September
Regional Deals governance update, Teams                                                    5 September
Community Arts Village street party, Tauranga                                              5 September
Code of conduct stakeholder group, Teams                                                   10 September
Acorn Foundation distributions morning tea, Te Puke                                    11 September
Regional Deals governance update, Teams                                                    12 September
Katikati 150 opening function at museum, Katikati                                         12 September
Katikati 150 book launch, Katikati                                                                     13 September
Katikati 150 opening event, Katikati                                                                  13 September
Regional Deal governance workshop, Tauranga                                            15 September
Te Ara Mātauranga dotterel exhibition opening, Waihi Beach                       15 September
Place Brand governance group, Tauranga                                                     17 September
Steven Joyce, re Regional Deals, Tauranga                                                     18 September
Regional Deals governance update, Teams                                                    19 September
Toi Ohomai discussion, Penny Simmonds MP, Tauranga                                22 September
Code of conduct stakeholder group, Teams                                                   24 September
Regional Deals governance update, Teams                                                    26 September
Sikh Parade, Te Puke                                                                                         27 September
Te Puke Volunteer Fire Brigade Honours night, Te Puke                                   27 September
Abbeyfield House blessing, Katikati                                                                 29 September
Old is the New Black exhibition opening, Tauranga                                         1 October
Regional Deal catch up, Tauranga                                                                   3 October
Combined Tangata Whenua Forum                                                                7 October
Birds of the Ōmokoroa peninsula booklet launch, Ōmokoroa                        9 October
Beca Bay of Plenty client function, Tauranga                                                  9 October
Regional Deal governance update, Teams                                                     10 October
Blessing of Waihi Beach coastguard boat, Bowentown                                  11 October
Katikati Volunteer Fire Brigade Honours night, Katikati                                   11 October
Katikati Sport and Recreation AGM, Katikati                                                    13 October
Scott Campbell                                                                                                 14 October
Holland Beckett office opening, Tauranga                                                       15 October
Regional Deal governance update, Teams                                                     17 October
Bay Trust AGM, Papamoa                                                                                 17 October
Ōmokoroa Volunteer Fire Brigade Honours night, Ōmokoroa                         18 October
Mayor School, Wellington                                                                                  20 – 21 October
Te Whakakaha Trust AGM, Te Puke                                                                   22 October
Regional Deal governance update, Teams                                                     24 October
Housing presentation with Ian Mitchell                                                            24 October
Ōmokoroa Artists group exhibition opening, Ōmokoroa                                 24 October
Cricket, hosted by TCC, Bay Oval                                                                     26 October
TECT Park and Thunder Ridge briefing with Mayor Drysdale, Tauranga         29 October
BOPRC inaugural meeting, Whakatane                                                           30 October
Mark Mitchell MP, CDEM expectations, Teams                                                 30 October
Te Puke High School Senior Prize Giving, Te Puke                                             30 October
Regional Deal governance update, Teams                                                     31 October
Pasifika in the Bay festival, Ōtūmoetai                                                              1 November
Te Puke Gymsport fundraising launch, Te Puke                                               1 November
Panepane wharf opening, Matakana                                                              3 November
Te Puke Art Society exhibition opening, Te Puke                                              5 November
Priority One AGM, Tauranga                                                                              6 November
Brand design proposal review, Tauranga                                                        7 November
Mayor Mahé Drysdale, Tauranga                                                                     7 November
TCC / BOPRC / WBOPDC meet and greet, Tauranga                                       7 November
Waihi Beach Lifeguards 90th anniversary event, Waihi Beach                        7 November
Ōmokoroa Godwit Festival, Ōmokoroa                                                             9 November
Kabaddi tournament, Te Puke                                                                          9 November
Ōmokoroa Heritage and Miniature Military Museum opening, Ōmokoroa     11 November
Tiwaiwaka talk, Tauranga                                                                                 11 November

Norm Bruning MKMT retirement lunch, Tauranga                                            13 November
Regional Deal governance update, Teams                                                     14 November
Regional Deal elected member update, Teams                                              14 November
Abbeyfield House opening, Katikati                                                                 14 November
UTF & Tauranga Business Chamber lunch w/ Chris Bishop MP, Tauranga     14 November
Transport Committees discussion at BOPRC, Tauranga                                 14 November
Toi Tauranga Art Gallery opening, Tauranga                                                   15 November

Meetings

External functions and meetings attended by CEO Miriam Taris and Mayor James Denyer between 26 August and 16 November 2025 include:

Tapuika reps re Te Puke wastewater issues                                                     28 August
Regional Deals governance update, Teams                                                    29 August
Regional Deals governance update, Teams                                                    12 September
Regional Deal governance workshop, Tauranga                                            15 September
Regional Deals governance update, Teams                                                    19 September
Regional Deals governance update, Teams                                                    26 September
Regional Deal catch up, Tauranga                                                                   3 October
Regional Deal governance update, Teams                                                     10 October
Regional Deal governance update, Teams                                                     17 October
Regional Deal governance update, Teams                                                     24 October
Regional Deal governance update, Teams                                                     31 October
Priority One AGM, Tauranga                                                                              6 November
Regional Deal governance update, Teams                                                     14 November
Regional Deal elected member update, Teams                                              14 November
Abbeyfield House opening, Katikati                                                                 14 November
UTF & Tauranga Business Chamber lunch w/ Chris Bishop MP, Tauranga     14 November

 


 

A New Triennium

A warm welcome to all new councillors and community board members as well as returning elected members. I wish you all a successful three years and all the best in representing the Western Bay of Plenty and its local communities, and fulfilling your governance duties to the best of your ability.

Regional Deal

Negotiations with central government for a Regional Deal continued through the election period and good progress continues to be made.

Place Brand Project

Haydn Marriner has undertaken a significant programme of outreach and research to inform the Place Brand Project, with great feedback received. An agency will shortly be appointed to develop the brand itself.

Code of Conduct Stakeholder Group

The Local Government Commission is assisting the Minister for Local Government in developing a standard Code of Conduct that will become mandatory for councils after the passage of the Local Government (Systems Improvement) Amendment Bill. Elected members and council staff across New Zealand were invited to join a stakeholder group to provide advice and feedback to the Local Government Commission. I was accepted to be part of that group and have subsequently attended a number of online meetings. The final draft Code is to be submitted to the Minister around the end of November. 

Local Water Done Well

It was pleasing to hear on 14 November that the Secretary for Local Government has accepted both our and Tauranga City Council’s Water Services Delivery Plan under s20(1)(b) of the Local Government (Water Services Preliminary Arrangements) Act 2024. This follows many months of hard work from staff in preparing this plan, and I wish to thank them for this successful outcome.

 

 

 

 

 

   

 

 


Council Agenda

25 November 2025

 

11               Information for Receipt - Kōrero te whiwhia

12              Resolution to Exclude the Public - Whakatau ki te poro i te marea

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 - Tourism Bay of Plenty - Appointment of Trustees

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

12.2 - Pongakawa Water Treatment Tender Award Memo

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