MINUTES

Ordinary Council Meeting

Thursday, 27 February 2020

 


Ordinary Council Meeting Minutes

27 February 2020

 

Order of Business

1         Apologies. 3

2         Public Forum.. 3

3         Acceptance of Late Items. 3

4         Confidential Business to be Transferred into the Open. 3

5         Change to the Order of Business. 3

6         Confirmation of Minutes. 3

Nil

7         Declaration of Conflicts of Interest 3

8         Deputations, Presentations, Petitions. 3

Nil

9         Recommendations from Other Committees. 4

Nil

10       Business. 4

10.1         Approval of Tauranga City Council Submission Taumata Arowai - The Water Services Regulator Bill 4

10.2         Adoption of amendments to the Street Use and Public Places Bylaw 2018. 4

11       Discussion of Late Items. 6

12       Public Excluded Session. 6

Nil

 

 


Ordinary Council Meeting Minutes

27 February 2020

 

MINUTES OF Tauranga City Council
Ordinary Council Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Thursday, 27 February 2020 AT 2pm

 

PRESENT:               Mayor Tenby Powell (Chairperson), Cr Larry Baldock (Deputy Chairperson), Cr Jako Abrie, Cr Kelvin Clout, Cr Andrew Hollis, Cr Heidi Hughes, Cr Dawn Kiddie, Cr Steve Morris, Cr John Robson and Cr Tina Salisbury.

IN ATTENDANCE: Susan Jamieson (General Manager: People & Engagement), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Rebecca Gallagher (Policy Analyst), Ariell King (Team Leader: Policy), Coral Hair (Manager: Democracy Services) and Robyn Garrett (Team Leader: Committee Support).

1          Apologies

Apology

Resolution  CO2/20/1

Moved:       Cr Jako Abrie

Seconded:  Cr Steve Morris

That the apology for absence received from Cr Bill Grainger be accepted.

Carried

1          Public Forum

Nil

2          Acceptance of Late Items

Nil

3          Confidential Business to be Transferred into the Open

Nil

4          Change to the Order of Business

Nil

5          Confirmation of Minutes

Nil 

6          Declaration of Conflicts of Interest

Nil

7          Deputations, Presentations, Petitions

Nil

8          Recommendations from Other Committees

Nil

9          Business

10.1       Approval of Tauranga City Council Submission Taumata Arowai - The Water Services Regulator Bill

Staff: Christine Jones, General Manager: Strategy and Growth  

 

In response to questions

·        Explained that the establishment of this regulatory body was an initial stage in government’s programme of water reform.  The proposed regulatory body was predominantly focused on setting regulatory standards, best practice in relation to training and qualifications and achieving consistency across the country. 

·        Water pricing was not addressed in this Bill.

 

Resolution  CO2/20/2

Moved:       Cr Steve Morris

Seconded:  Cr Jako Abrie

That the Council:

(a)     Approves the draft submission to the Taumata Arowai – the Water Services Regulator Bill.

Carried

 

10.2       Adoption of amendments to the Street Use and Public Places Bylaw 2018

Staff:          Christine Jones, General Manager: Strategy and Growth.

 

Key points

·        Summarised the recommendation from the Policy Committee; there was nothing additional to add to the report.

 

In response to questions

·        Clarification was provided regarding the role of the Policy Committee as the hearing and deliberations entity and Council as the only entity that could adopt a bylaw.

·        The measures proposed in Recommendation (e) regarding resourcing would not cover a council-provided street ambassador.

·        Any additional resourcing required as an outcome of this decision e.g. to fund a street ambassador function, would need to be included in Council’s Annual Plan for consideration.  A “holding figure” would need to be included in the Annual Plan which would be allocated once options for use of those funds had been discussed during the Annual Plan process.

 

Motion 

Moved:       Cr Steve Morris

Seconded:  Cr Jako Abrie

That the Council:

 

(a)     Resolves that in accordance with section 155(1) of the Local Government Act 2002, a bylaw is not the most appropriate way of addressing the perceived problem in relation to begging and rough sleeping, and therefore amend the Street Use and Public Places 2018 by removing clauses 20.2 and 20.3 as set out in Attachment A.

(b)     Determines that the Street Use and Public Places Bylaw 2018 as amended by above is the most appropriate form of bylaw and does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

(c)     Resolves that the amendment shall come into force on 6 March 2020.

(d)     Delegates to staff the authority to make any typographical changes or correct any minor editorial changes for the purposes of correction or clarity before the Bylaw comes into force.

(e)     Agrees to actions to investigate:

(i)      Ways to continue to support and resource agencies in Tauranga working with people experiencing homelessness in alignment with the Western Bay of Plenty Homelessness Strategy; and

(ii)     Options to resource the need for enforcement of the Street Use and Public Places Bylaw.

Discussion points raised

·      The background to the current Policy Committee recommendation to Council was outlined.  Noted that hearings were held in January 2020 following community consultation; and that the Policy Committee had confirmed, by majority decision, that the bylaw was not the most appropriate way to address the issues of begging and rough sleeping.

·      The revocation of the begging and rough sleeping clauses moved focus onto positive initiatives to address these issues in the community.

·      Noted that Tauranga City Council (TCC) only had two bylaw enforcement officers; by contrast, Hamilton City had 20 and Wellington City 12.  This resolution would not address the issue of enforcement; practical measures were also needed to address the issues around begging and rough sleeping.

·      Noted that it was one of the responsibilities of councillors to make bylaws for its district; some reservation was expressed about the effectiveness (lack of teeth) of a street ambassador role.  Parts of the community had considered the bylaw effective in addressing the problem, particularly in Greerton.  

·      Noted that the majority of submitters were in favour of keeping the bylaw clauses regarding begging and rough sleeping.

·      Suggested that the people most affected by this bylaw – rough sleepers and beggars - were not enfranchised by the submission process and were not reflected in the number of submissions.

·      Decisions made regarding this bylaw should be considered in a broader context.  The proposed resolution acknowledged a degree of fear in parts of the community and addressed this by the suggested actions and resourcing included in the resolution.

·      Emphasised that the police needed to step up and provide an appropriate level of community policing, and should be challenging central government for sufficient resourcing.  The bylaw met  requirements under the New Zealand Bill of Rights Act 1990, and addressed the role local government could play; now there was a need to advocate to central government to also step up to respond to the wider social issues.

·      Concern was expressed that Council, through the bylaw, was not adequately addressing the issues raised by local retailers and residents.

·      Noted that the police can only act (and enforce) when behaviour tipped into illegal activity.  Various action plans were under way to address retailers’ areas of concern; the Mayoral Taskforce on homelessness would also be finding ways to address this issue for the city and the community.

The mover and seconder of the motion agreed to include two additional parts to the motion, to address the issues of provision of a street ambassador function and resourcing.

Resolution  CO2/20/3

Moved:       Cr Steve Morris

Seconded:  Cr Jako Abrie

That the Council:

(a)     Resolves that in accordance with section 155(1) of the Local Government Act 2002, a bylaw is not the most appropriate way of addressing the perceived problem in relation to begging and rough sleeping, and therefore amend the Street Use and Public Places 2018 by removing clauses 20.2 and 20.3 as set out in Attachment A.

(b)     Determines that the Street Use and Public Places Bylaw 2018 as amended by above is the most appropriate form of bylaw and does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

(c)     Resolves that the amendment shall come into force on 6 March 2020.

(d)     Delegates to staff the authority to make any typographical changes or correct any minor editorial changes for the purposes of correction or clarity before the Bylaw comes into force.

 (e)    Agrees to actions to investigate:

(i)      Ways to continue to support and resource agencies in Tauranga working with people experiencing homelessness in alignment with the Western Bay of Plenty Homelessness Strategy; and

(ii)     Options to resource the need for enforcement of the Street Use and Public Places Bylaw.

(iii)     Options to resource a council-funded street ambassador function,

         (f)      Includes funding consideration  for  Resolution (e) through the 2020/21 Annual Plan                  prioritisation process.

In Favour:       Mayor Tenby Powell, Crs Jako Abrie, Heidi Hughes, Steve Morris, John Robson and Tina Salisbury.

Against:           Crs Larry Baldock, Kelvin Clout, Andrew Hollis and Dawn Kiddie.

6/4

Carried

 

10        Discussion of Late Items

  Nil

11        Public Excluded Session 

  Nil

 

The meeting closed at 2.44pm.

The minutes of this meeting were confirmed at the Ordinary Council meeting held on 14 July 2020.

 

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

CHAIRPERSON