Agenda of Ordinary Council Meeting

Terms of reference – Council

Membership

Chairperson	Mayor Tenby Powell
Deputy chairperson	Cr Tina Salisbury
Members	Cr Jako Abrie Cr Larry Baldock Cr Kelvin Clout Cr Bill Grainger Cr Andrew Hollis Cr Heidi Hughes Cr Dawn Kiddie Cr Steve Morris Cr John Robson
Quorum	Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd.
Meeting frequency	Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements.

Role

· To ensure the effective and efficient governance of the City

· To enable leadership of the City including advocacy and facilitation on behalf of the community.

Scope

· Oversee the work of all committees and subcommittees.

· Exercise all non-delegable and non-delegated functions and powers of the Council.

· The powers Council is legally prohibited from delegating include:

o Power to make a rate.

o Power to make a bylaw.

o Power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan.

o Power to adopt a long-term plan, annual plan, or annual report

o Power to appoint a chief executive.

o 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.

o All final decisions required to be made by resolution of the territorial authority/Council pursuant to relevant legislation (for example: the approval of the City Plan or City Plan changes as per section 34A Resource Management Act 1991).

· Council has chosen not to delegate the following:

o Power to compulsorily acquire land under the Public Works Act 1981.

· Make those decisions which are required by legislation to be made by resolution of the local authority.

· Authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council.

· Make appointments of members to the CCO Boards of Directors/Trustees and representatives of Council to external organisations.

· Consider any matters referred from any of the Standing or Special Committees, Joint Committees, Chief Executive or General Managers.

Procedural matters

· Delegation of Council powers to Council’s committees and other subordinate decision-making bodies.

· Adoption of Standing Orders.

· Receipt of Joint Committee minutes.

· Approval of Special Orders.

· Employment of Chief Executive.

· Other Delegations of Council’s powers, duties and responsibilities.

Regulatory matters

Administration, monitoring and enforcement of all regulatory matters that have not otherwise been delegated or that are referred to Council for determination (by a committee, subordinate decision-making body, Chief Executive or relevant General Manager).

Ordinary Council Meeting Agenda

11 August 2020

10 Business

10.1 Whareroa Marae - Industrial Issues

File Number: A11639165

Author: Nick Swallow, Manager: Legal & Commercial

Authoriser: Paul Davidson, General Manager: Corporate Services

Purpose of the Report

1. To authorise a report into potential options for “managed retreat” of heavy industry surrounding Whareroa Marae (i.e. the Totara Rd site south of Hewletts Road).

Recommendations

That the Council:

(a) Receives this report and authorises a high-level investigation of potential pathways to achieve managed retreat of heavy industry in the area surrounding Whareroa Marae.

(b) Confirms that this report be released to the public on approval of the Chief Executive.

Executive Summary

2. Significant concerns about the impact of pollutants on residents and other users of the Whareroa Marae (and associated buildings and uses) have been expressed over a number of years, but with particular urgency in recent months.

3. Following a presentation in June 2020 by representatives of the Marae, the Tauranga Moana Advisory Group (TMAG) recommended:

“the urgent development of an Action Plan in collaboration with Whareroa marae hau kainga and as a first step: commission an independent, comprehensive report to investigate the potential for instigating a managed retreat of pollutant industries from the Totara Rd site south of Hewletts Road and report back to this committee when completed.”

4. Staff from Tauranga City Council (TCC) and the Bay of Plenty Regional Council (BoPRC) have been closely co-ordinating how to respond to this recommendation. BoPRC will consider an equivalent to this report on 10 August 2020. A copy of the BoPRC report will be circulated to TCC Councillors once it is finalised (and a copy of this report will be provided to BoPRC Councillors).

5. To consider the TMAG recommendation, the Councils have approached a highly respected Resource Management Act 1991 (RMA) practitioner: Paul Beverley, a partner at the law firm Buddle Findlay.

6. A memorandum from Mr Beverley about his suggested approach to the TMAG recommendation is attached to this report. You will see that it recommends a “scoping and issues” report as a preliminary step to be developed in consultation with Marae representatives before moving into any more comprehensive report.

7. This two-stage approach (including involvement of Marae representatives) is endorsed by staff. While this is a modification from the TMAG resolution seeking a detailed investigation, it is an approach that will better help all concerned understand the best way to explore potential managed retreat and the sorts of areas to focus on in more detail.

8. Given the various matters at issue, Mr Beverley also recommends the use of a planning expert from Mitchell Dasyh (an experienced planning consultancy) as part of that scoping process. This, too, is also endorsed by staff given it will be important to have people involved who can explore both legal and planning aspects in what is a complex matter.

9. While timeframes will depend on arranging suitable engagement with the Marae community, we anticipate it will take approximately two months to prepare the scoping report.

Background

10. TMAG was established in 2014 in anticipation of a Tauranga Moana Governance Group being established as part of a Treaty settlement. TMAG has representatives from Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga along with TCC, BoPRC and Western Bay of Plenty District Council. The purpose of TMAG is to “continue building strong working relationships to support and enhance the health of our harbour and catchments”.

11. The following aerial image shows the Marae (bottom, centre-left) and surrounding land-uses, and the geographic area that the TMAG resolution refers to:

12. At the 19 June TMAG meeting, a presentation was given by representatives of the Marae. A copy of this is attached as it provides a brief history of the Marae, a summary of the people living and using the facilities and the concerns about pollution.

13. At a high-level, all involved will need to grapple with whether exploring potential “managed retreat” lends itself to more of a regulatory solution, or one that is more of a commercial issue (or a combination of both).

Wider issues and agency co-ordination

14. TCC, BoPRC and other government agencies and stakeholders have been working closely over the last few years to discuss a number of issues stemming from the close proximity of industrial and residential activities in the Mount industrial area.

15. The primary matters of concern relate to air discharge issues, most notably relating to the impacts on human health of fine particulate matter (such as from bulk-handlers of palm kernel products) and other industrial discharges. The other agencies involved in discussions include WorkSafe, Toi Te Ora and the Ministry for the Environment.

16. The BoPRC report noted above has a further breakdown of some of the wider history to this matter, and of recent developments around the regulation of air discharge issues.

Regulatory aspects

17. The primary regulatory tool is the RMA, and the related planning and consenting functions of the Councils. Tauranga City Council (TCC) is currently planning for the full review of its City Plan. This is the core regulatory document governing TCC’s functions under the RMA. As part of this, Council will be considering the impacts of climate change and sea level rise, including in terms of harbour inundation. This will of no doubt be a matter of some importance to the Marae community, and it is worth noting that Mitchell Daysh (the planning consultancy recommended above) has considerable expertise in such issues.

18. It is also likely that the scoping and options report for the Whareroa Marae area may also have a bearing on the recent request for an issues and options paper to be put forward on Mount Maunganui spatial planning for the long term plan.

19. BoPRC has several RMA planning documents of relevance to the present issue, all at varying stages in their lifecycles. The BoPRC report noted above summarises developments in relation to air discharge regulation, and is not repeated here.

20. In addition, both Councils have roles as consent authorities processing land use (TCC) and discharge (BoPRC) consents in accordance with the requirements of the Act. This includes processing and deciding the application by Timaru Oil Services Ltd for a fuel storage tank farm that is currently being processed by both Councils.

21. Understanding the differing jurisdictional roles of both Councils under the RMA (i.e. who does what between the Councils) and, for TCC, the extent to which this issue could be factored into the City Plan review, will be central matters to be considered by Paul Beverley and Mitchell Daysh.

22. It is also worth noting that the RMA provides a framework for decision-making where there are competing issues, such as between industry and the natural environment, including where people’s health and safety or matters of significance to Maori are at issue. However, there will always be limits to what can be achieved under the RMA and it is important that any action plan be developed with an awareness of what any limits are so resources are appropriately targeted to the right areas.

Commercial aspects

23. It is suggested that commercial solutions will also be relevant towards achieving any goal of managed retreat.

24. It is anticipated that the preliminary scoping approach recommended by Mr Beverley will need to explore how those wider solutions might operate in with any regulatory options, and things like how to safely explore the commercial aspects along-side the formal decision-making functions required of both Council under the Local Government Act 2002 and the RMA.

Strategic / Statutory Context

25. Some of the statutory context is noted above. In addition to the RMA, it is worth noting two aspects from the Local Government Act 2002:

(a) The first is the need to consult in accordance with Part 6 of that Act. The scoping approach recommended in this report is high-level and technical in nature. However, it is still recommended to engage with the Marae community to inform this process. Any steps beyond this will require consultation with at least the surrounding landowners / businesses, if not a wider consultation exercise.

(b) The second is section 12 of the LGA, which in summary, is the concept that Councils have full capacity to undertake any activity or business, if done so for the benefit of their districts. This is noted to the extent that solutions may well move towards exploring negotiated or commercial solutions.

26. In terms of strategic implications, there are a number of issues in play such as relationships between Council and tangata whenua, human health issues, and significant commercial interests.

Options Analysis

27. It is suggested the options for present purposes relate to whether to undertake a comprehensive report now, or the recommended scoping approach.

28. It has not been recommended to carry out a detailed investigation at this time for the reasons above – namely, there are a variety of possible pathways, and a corresponding need to explore the best potential options at a high level as the first step.

29. A move into a more detailed investigation of options at this stage would likely require significant funding to explore various alternatives, some of which may not be viable, and is not recommended ahead of a scoping stage.

Financial Considerations

30. An indicative budget of $20,000 has been allocated for TCC’s contribution to scoping process (including costs consultation).

31. Further assessment of financial implications will be necessary depending on results of the scoping work (for instance, suitable technical studies for the City Plan).

Legal Implications / Risks

32. The legal implications are noted above. A scoping approach itself is of low risk.

Consultation / Engagement

33. Initial consultation for the scoping stage will be with the Marae Community. It is likely that consultation with adjacent landowners / businesses sufficient will be essential after this stage (i.e. once any options become clear).

Significance

34. The wider issue is of high significance, however the scoping step is of medium significance.

Next Steps

35. Commence the scoping report as recommended. Staff will report back once this is finalised.

Attachments

1. Council meeting 11 August 2020 - Whareroa Marae - Memorandum from Buddle Findlay - A11644859 ⇩

2. Whareroa Marae presentation - A11645931 ⇩

Ordinary Council Meeting Agenda

11 August 2020

10.2 Long-term Plan Workstreams

File Number: A11657822

Author: Jeremy Boase, Manager: Strategy and Corporate Planning

Authoriser: Christine Jones, General Manager: Strategy & Growth

Purpose of the Report

1. To provide, for discussion and endorsement, the list of workstreams contributing to the development of the 2021-31 long-term plan.

Recommendations

That the Council:

· Endorse the attached long-term plan list of workstreams, with the following additions, amendments or deletions (if required):

(i) …

Background

2. Council is required to prepare a long-term plan (“LTP”) every three years. The purpose^{^[1]} of the LTP is to:

a) describe the activities of the local authority; and

b) describe the community outcomes of the local authority’s district or region; and

c) provide integrated decision-making and co-ordination of the resources of the local authority; and

d) provide a long-term focus for the decisions and activities of the local authority; and

e) provide a basis for accountability of the local authority to the community.

3. The LTP covers ten years and also incorporates an infrastructure strategy with a 30-year timeframe. The next LTP is due for adoption by 30 June 2021.

4. The LTP brings together a large number of processes and topics and requires content input from all Council activities. Coordinating this, including providing appropriate content to the mayor and councillors for direction-setting and decision-making is a significant task. Some workstreams have been underway for many months (and in some cases years) while others commence later in the process. Each separate process or content topic has its own project planning commensurate with the type and scale.

5. Attachment 1 to this report includes a brief summary of the key workstreams contributing to the 2021-31 LTP. These are collated under six headings:

· Strategic reviews

· Financing and funding

· Growth-related issued

· Major projects

· Levels of service and options

· Mechanics and systems

6. A version of Attachment 1 was considered at an open Council workshop on 28 July 2020.

Economic development review

7. During Council’s deliberations on the 2020/21 Annual Plan, the issue of a review of the ‘economic development ecosystem’ was raised and discussed.

8. The unconfirmed minutes of that meeting note that an amendment to a proposed resolution was proposed and seconded (by Crs Robson and Morris respectively) that:

‘the economic development ecosystem for Council be reviewed, including funding provided to economic development agencies and organisations e.g. Priority 1’

9. The draft minutes subsequently record that this proposed amendment was withdrawn and therefore no vote was taken on it.

10. This issue is not currently included in Attachment 1. If Council wishes this piece of work to be undertaken as part of the wider LTP project, it should be formally added to the outline work programme by suitably amending proposed resolution (a) above.

11. It should be noted that the UFTI final report approved by Council on 1 July 2020 includes an action to “Update sub-regional economic development agency and implement”. This action is noted as Priority 1 responsible for performing the action and both TCC and WBOPDC as having support/control roles. Staff understand that P1 intends to commence this update in the near future.

Other matters

12. If there are other matters that Council wishes to see addressed through the LTP process but which are not covered under Attachment 1, these should be identified and added to the work programme.

13. Similarly, if there are items included in Attachment 1 that are not considered necessary for the development of the LTP, this should also be identified and formally removed from the work programme.

Consultation / Engagement

14. The LTP consultation document will be formally consulted on in March/April 2021. An engagement approach and programme is one of the aspects in the ‘strategic review’ section of Attachment 1. The mayor and councillors will be further involved in the development of that approach and programme over coming months.

Significance

15. The matter of the LTP and its contents have a high degree of significance. However, the decision to endorse the established outline work programme is of lower significance as the work is already underway.

Next Steps

16. Work will continue or commence on each of the workstreams included in Attachment 1. Workshops, briefings and formal Council and Committee meetings will be scheduled to bring these workstreams to the mayor and councillors for direction-setting and decision-making.

Attachments

1. Summarised LTP workstreams list for 2021 LTP - A11657823 ⇩

Ordinary Council Meeting Agenda

11 August 2020

Draft List of Workstreams Contributing to the 2021 - 2031 Long-Term Plan

6 August 2020

Strategic Reviews	Task
SR1	LTP Strategic Approach Strategic objectives and fiscal factors – how do they drive the LTP preparation.
SR2	Community outcomes, vision, strategic direction Reassessment of the strategic framework underpinning Council’s role on behalf of the community. Subject to Council direction may also include the proposed ‘community preferences’ survey that was put on hold in late July. (Note includes addressing Environment Strategy matters)
SR3	Strategy Stocktake A look into all current adopted strategies to see if still relevant and if actions are being carried out. Those no longer relevant decide if to update or combine with another. Final output new strategic framework for LTP.
SR4	Environmental Scan Review of external factors influencing the preparation of the LTP and socialisation with elected members.
SR5	Level of Service / Cost / Productivity Review Review of Council’s operational levels of service including costs and delivery.
SR6	Engagement Approach Implementation and continued rollout of the new TCC approach to community engagement will affect many projects and activities in the lead-up to the LTP (being ‘pre-engagement’ on the LTP itself).
SR7	CCO’s · Strategic review of BVL · Key CCO LTP issues identified and addressed (input into draft LTP) ·
SR8	Waters reform Central Government is reviewing how to improve the regulation and supply arrangements of drinking water, wastewater and stormwater (three waters) to better support New Zealand’s prosperity, health, safety and environment. Watching brief to understand and respond to the government’s work.
SR9	Resilience Two-year study of the resilience to natural hazards of Council’s infrastructure and the impact on potential future landform. Impacts on asset-based activity budgets will be significant. Policy decision-making for Council is also likely to be significant.
SR10	Natural Hazards/Climate Change (in particular Mount North) Detailed consideration of options to address current and future stormwater and current and future groundwater issues in the Mount North area. Significant first step in council’s ‘adaptive planning’ response to climate change and resilience issues.
SR11	Section 17A Reviews (Local Government Act) A review of the cost-effectiveness of current arrangements for meeting the needs of communities within its district or region for good-quality local infrastructure, local public services, and performance of regulatory functions. Activities to be subject to s17A reviews to be determined.
SR12	Sustainability Framework Implement Council direction provided through the 2020/21 Annual Plan.
SR13	Community Facilities & Active Reserves Plan Develop Community Facilities Plan and Active Reserves Plan to understand and address community needs in a fast-growing city.
S14	City Centre Plan Develop City Plan which identifies needs and responses. Key components: · Private sector investment plan / prospectus · Civic precinct masterplan · Urban Spaces Programme · Waterfront Masterplan · Movement Plan (including parking) · Residential Plan

Financing & Funding	Task
F1	Financial Strategy Providing a guide for Council to consider proposals for funding and expenditure against; and provide a context for consultation on the local authority’s proposals for funding and expenditure by making transparent the overall effects of those proposals on the local authority’s services, rates, debt, and investments. Includes: · Revenue & Financing Policy · User Fees strategy · Risk Reserve (noting significant current underfunding) · Debt / Revenue ratio
F2	Rates Review A rates review is the review of the allocation of rates and what share of the rates each ratepayer should pay. A rating review is NOT about how much should be collected in rates. A comprehensive review would include questions of ability to pay, commercial/residential differentials, targeted rates, uniform charges vs variable charges, etc. Includes consideration of wastewater charging; consideration of capital value vs land value rating (longer term issue).
F3	Alternative / Additional Financing and Funding Opportunities Explore a range of opportunities such as tolling, road pricing, infrastructure bonds, moving current responsibilities off balance sheet for individual / collective partners and other thinking that may require new legislation to implement.
F4	Development Contributions a) Significant review to ensure that key assumptions and logic are relevant and that current issues (including those raised by submitters in previous year) are addressed. b) Issues & Options papers on DC funding on Maori land and (separately) community housing. c) Quantify amount of DC under collection. Financial adjustments. Consider targeted rate option ·
F5	User Fees Review Review specific user fees for activities.

Growth	Task
G1	Growth assumptions / approach Growth assumptions reviewed for long term planning. Impacts expenditure projections for many teams, especially re capex.
G2	Te Papa Consultation and plan change project to enable intensification on the Te Papa peninsula. Significant community involvement and capex implications.
G3	Parau Farms Land currently zoned for recreational reserve, current investigation into alternative uses (linked to potential alternative sportsfield provision in the Western Bay and Merricks Farm possibility). Linked to Community Facilities work at SR13.
G4	Smiths Farm Master plan for potential housing supply near Bethlehem. Complicated by previous Council decision not to access site off Westridge Drive. Potential joint-venture with external funders.
G5	UFTI + Transport Planning Outcomes for urban planning and transport planning will be significant. Impact on LTP planning likely to be significant.
G6	Tauriko West (Social Infrastructure) The social infrastructure planning aspect of the Tauriko West development. Linked to item SR13.
G7	Te Tumu and Tauriko West Consideration of reasonable assumptions regarding timeframes for the development of these urban growth areas, as well as costs and funding models, for appropriate inclusion in LTP.

Major Projects	Task
P1	Potential Major Project Seek EM strategic direction / political appetite on: · Stadium · Omanawa Falls · Mt Visitor Centre · Sustainability Centre · Hotel facilitation / land sale ·
P2	Civic Facilities (CBD) Major civic facilities in the CBD including library, museum and performing arts facility.
P3	Memorial Park aquatic Consideration of significant upgrade to Memorial Pool facility.
P4	Memorial Park / Strand walkway Walkway/cycleway connecting CBD to Memorial Park along the waterfront.
P5	Elder housing Potential implementation of decision made in last LTP to divest elder housing stock. Significant financial and community considerations involved.
P6	Civic administration building / accommodation Potential project for the development of a new CAB on the Willow/Durham site. Project is part of partnership agreement with Willis Bond. Involves significant consideration of the funding model. In the short-term, consideration of accommodation options until such a new building is built.
P7	Parking Strategy Overall approach to parking Consideration of whether Council should retain the buildings or sell to a private provider. Linked the parking strategy discussion facilitated through UFTI.
P8	CBD Streetscape Further consideration of a variety of largely CBD-based streetscape projects for inclusion in the LTP (if not already included in the next annual plan i.e. Elizabeth Street and Wharf Street).
P9	Solid Waste The roll-out of the kerbside collection is due to take place on 1 July 2021. If it proceeds according to plan the issue for the LTP will be minimal. If it doesn’t, there may be some decision-making involvement through the LTP prep process (which may involve resource allocation decisions if tender pricing doesn’t meet expectations).

Levels of Service & Options	Task
LOS 1	Activity Areas Plans & Resourcing For each activity prepare Activity Areas Plans
LOS 2	Asset Management Plans Preparation of asset management plans for next LTP, including understanding of levels of service, delivery methods, renewals budgets, etc.
LOS 3	Infrastructure Strategy Statutorily required. Purpose is to identify significant infrastructure issues and the practical options for managing those issues and the implications of those options.
LOS 4	Reseal LOS Review of the reseals level of service logic, as requested by resolution.
LOS 5	Core Digital systems Digital Systems review of core systems (excluding financial, refer above) and roll out of strategic plan.
LOS 6	Boat Ramps · Assess issues and options for provision, including impacts on sub-regional provision · Boat ramp user fees ·
LOS 7	Tropical Display House – Robbins Park Issues & Options paper to be considered with the following options: · Upgrade existing facility · Establish tropical display house at another location and demolish existing · Demolish existing and do not replace. ·
LOS 8	Town Centre & Neighbourhood Spatial Plans Issues & Option paper on: · Urban spatial plans and / or public realm redevelopment plans · Locational priorities across the city · Timing
LOS 9	Bulk fund to support social wellbeing Issues and options paper on: · The establishment of a bulk fund to allow funding support for social/cultural organisations · The decision-making framework, including criteria for support and delegation of decision-making · The scale of the bulk fund · Other forms of support provided to social and cultural organisations ·

Mechanics & Systems	Task
MS1	Planning & reporting – KPIs & measures Review of how we set and report against targets and measures. Will include detailed consideration of relevance and use in decision-making.
MS2	LTP guidance Preparation of internal ‘how to’ information for all activity areas ahead of LTP processes. Will include ELT understanding and agreeing to approaches to activity and business planning, and messaging around budgetary philosophy and constraints. Will also involve user-focussed information on any new systems to be used for collating LTP information.
MS3	Prioritisation process, business cases and activity area templates Finance are working with the infrastructure team to develop the financial overlay on the agreed gateway process. This will ensure appropriate annual budgets, whole of life costings and appropriate contingencies are provided for each project. In addition to the Project Lifecycle Process, the Finance and Strategy teams are jointly working on the development of business case templates for all projects.
MS4	Finance system upgrade IBIS system installed. Likely to have major impacts on the preparation process.

Ordinary Council Meeting Agenda

11 August 2020

10.3 Local Government New Zealand Remits 2020 and rule change

File Number: A11619091

Author: Coral Hair, Manager: Democracy Services

Authoriser: Susan Jamieson, General Manager: People & Engagement

Purpose of the Report

1. The purpose of the report is to consider the Local Government New Zealand (LGNZ) Remits and provide feedback and direction to the delegates attending the Annual General Meeting (AGM) on 21 August 2020 on which remits to support. The report seeks direction on the proposed rule change to reduce the President’s term.

Recommendations

That the Council:

(a) Receive the report Local Government New Zealand (LGNZ) Remits 2020 and Rule Change;

(b) Provides direction and feedback to the delegates on the remits to be supported/not supported at the LGNZ Annual General Meeting on 21 August 2020:

Remit Number	Name of Remit	Support/ Not Support
1	Public Transport Support
2	Housing Affordability*
3	Returning GST on rates for councils to spend on infrastructure*
4	Natural hazards and climate change adaptation
5	Annual regional balances of transfers
6	Local government electoral cycle
7	Water bottling*
8	Quorum when attending local authority meetings
9	Use of macrons by local authorities
10	Rates rebates for low income property owners
11	Local Government’s CO2 Emissions

*TCC supported the remit when it was nominated

(c) Provides direction on the proposal to change Rule F15 to reduce the maximum number of consecutive terms of office of the President from three to two terms.

Executive Summary

2. The Council is asked to consider the LGNZ Remits and provide feedback and direction to the delegates attending the AGM on 21 August 2020 on which remits to support. The Council is also asked to provide feedback on the proposal to reduce the maximum number of consecutive terms of the President of LGNZ from three to two terms.

Background for LGNZ remits

3. At its (AGM) each year, (LGNZ) and its member councils decide on ‘remits’ – areas of local or national policy where it will work together in the following year(s). The AGM will be held at Museum of New Zealand Te Papa Tongarewa in Wellington on Friday 21 August 2020.

4. Councils can nominate new remits for consideration at the AGM and this year 10 remits have been put forward. The process for developing and voting on remits is described on the LGNZ website.

5. Attachment 1 sets out the new remits councils have proposed.

6. Attachment 2 sets out management comments and recommendations on each of the remits. This is included to assist the Council consider whether to support each of the remits.

7. The proposed remits cover a broad set of subjects, from local and regional policy concerns to national issues.

Remit Number	Name of Remit
1	Public Transport Support
2	Housing Affordability
3	Returning GST on rates for councils to spend on infrastructure
4	Natural hazards and climate change adaptation
5	Annual regional balances of transfers
6	Local government electoral cycle
7	Water bottling
8	Quorum when attending local authority meetings
9	Use of macrons by local authorities
10	Rates rebates for low income property owners
11	Local Government’s CO2 Emissions

8. The Council has already provided support for the following remits when they were nominated by other councils:

· Remit 2 - Housing Affordability

· Remit 3 - Returning GST on rates for councils to spend on infrastructure

· Remit 7 - Water Bottling

proposed rule change to president’s terms of office

9. The Council is asked to consider whether to vote in support of reducing the term limit on the office of the LGNZ President from three terms to two terms (nine years to six years). The term limit was last altered at the Special General Meeting in early 2014 when the term was increased to three terms from two terms. The change to rule F15 set out below was proposed by the National Council. Any changes to the rules requires a two-thirds majority of members voting at the AGM to pass.

“F15 No person may hold office as President for more than two consecutive terms, provided that any person who holds office as President by virtue of an appointment in accordance with Rules F27 to F32 is eligible for re-election at the end of the unexpired term of office of that person’s predecessor. For the avoidance of doubt, a term under this Rule does not include any period of office held by a President by virtue of an appointment in accordance with Rules F27 to F32.”

Strategic / Statutory Context

10. The LGNZ Constitution provides for delegates from each council to vote on each remit at the AGM. Tauranga City Council can have four delegates attend the AGM.

Options Analysis

11. The Council may or may not wish to provide direction to the delegates attending the LGNZ AGM on Council’s behalf. Previously the Council has provided direction.

Financial Considerations

12. Financial impacts on each remit are noted in Attachment 2.

Legal Implications / Risks

13. The implications and risks associated with each remit are set out in the descriptions of the LGNZ remits.

Consultation / Engagement

14. There are no consultation or engagement required.

Significance

15. This matter is not considered significant in terms of the Council’s Significance and Engagement Policy.

Click here to view the TCC Significance and Engagement Policy

Next Steps

16. Delegates attend the LGNZ AGM on 21 August 2020.

17. Remits that are passed at the AGM will be actioned.

Attachments

1. LGNZ 2020 Remits for AGM - A11619078 ⇩

2. LGNZ 2020 Remits - Management Comments - A11624664 ⇩

Ordinary Council Meeting Agenda

11 August 2020

LGNZ Remits 2020 – Management Comments and Recommendations

Number	Name of Remit	Summary of Remit	Management comments	Recommendation
1	Public Transport Support	Calls on Government to work with councils to maintain financial viability of public transport during recovery phase of COVID-19	Remits also acknowledges the Government’s strong support of public transport during COVID-19. Impacts on Regional Councils who provide public transport.	Support
2	Housing Affordability*	· Calls for new legislation to enable councils address housing affordability with a range of tools – including ‘inclusionary zoning’ · Set up a working group · Advocate a National Policy Statement for affordable housing	This remit is consistent with TCC position calling for a more joined-up response to affordable housing. The remit calls for more tools for councils to use to enable them to respond to housing needs and seeks clear authority for councils to implement tools without risk of legal challenge such as a National Policy Statement for Affordable Housing under the RMA. Inclusionary zoning is specifically addressed with the remit seeking the ability for Council’s to develop policy that would require land or financial contributions from developers being vested to nominated housing land trusts – retains a portion of new land for people on low-to-moderate incomes. As set out in the remit it is currently very challenging to implement workable inclusionary zoning provisions under existing legislation. It would not be mandatory to implement inclusionary zoning. TCC supported the remit when it was nominated.	Support
3	Returning GST on rates for councils to spend on infrastructure*	Calls for GST of 15% on rates to be returned to councils to spend on local and regional infrastructure projects	Consistent with previous LGNZ remit in 2017. This remit differs in that it focuses on the GST to be spent on infrastructure projects. TCC supported the remit when it was nominated.	Support
4	Natural hazards and climate change adaptation	Calls for a review of the current law on natural hazards and climate change adaptation for coastlines and asks for a coastline strategy for all NZ.	This remit raises issues around how local government practically implements the guidance provided by central government and how to deal with topics of community resilience and climate future fit. The remit asks for clarity and co-ordination of roles. It is not so much roles and responsibilities that is the issue, what is more appropriate and missing from the course of action is a lack of legislation review, and then change to bring about consistency across all legislation. This was a key driver of the Remit, but it is not in the list of the suggested course of actions. This was a recommendation from TCC when supporting this remit. There is currently a misalignment of national legislation and documentation (this includes all legislation, including the Building Act, RMA, CDEM, LGA and current guidance and implementation documents). Given the recent government announcements about legislative review of the RMA, it is reasonable to expect changes. What is not known is whether the review includes other acts and their integration that will enable adaptive planning approaches to natural hazard risk management and climate change adaption. Integration between councils and government about managed retreat and the development of principles for “who pays” is supported. The question is where adaptation funding comes from, or more specifically, will there be a central government agreement to fund. Being told how to retreat may cause more problems and restrictions than we have currently. The question remains what support will be available when the inevitable court and legal challenges arrive.	Support
5	Annual regional balances of transfers	Calls for LGNZ to work with Treasury and Statistics NZ to develop an annual regional balance of transfers to show how much each region contributes in taxes and how much each region received in government funding.	This remit asks for transparency for regions and to promote more open democracy and accountability of where public money is spent and where it has come from. Attempts to get a clear picture of regional balance of transfers have been unsuccessful in the past. This remit relates to LGNZ and NZ Initiative work on localism.	Support
6	Local government electoral cycle	Calls for electoral cycle to be extended from three to four years	This remit would see local government elections every four years instead of current three yearly cycle. Pros and cons of a four yearly cycle is set out in the remit. The change would result in local government and central government elections been held in same year once every third cycle. The remit notes that the central government term could also be extended for four years. Two referenda held in 1967 and 1990 on increasing the parliamentary term both heavily defeated. Any changes to the electoral cycle may impact on the LTP and Annual Plan cycle. This is not discussed in the remit.	No recommendation. This is a political decision.
7	Water bottling*	· Calls for a moratorium on water takes for bottling or bulk export. · Requires inactive consents to be withdrawn. · Undertake an assessment of effects of the industry and future growth and · Initiate discussion on issue of water bottling and changes to legislation and policy.	LGNZ note that the intent of the remit is not to impact existing water bottling operations or make judgements on the merits or otherwise of the industry. The focus is on obtaining a comprehensive understanding of the industry, its potential growth, impacts of the growth and policy and legislation that are required to address this. The activity however is also linked to the issue of end-use disposal of plastic water bottles and whether or not it meets the objectives and policies of the RMA and the Waste Minimisation Act. A national election issue in 2017, with community concern about water bottling including protests and challenges from Māori on environment court decisions. Currently three appeals before the High Court. This remit is a new policy position for LGNZ and central government and could accelerate the debate on water allocation and the NPS on Freshwater Management. The results of the remit could feed into Stage 2 of RMA reform and LGNZ’s Water 2050 project. TCC supported the remit when it was nominated.	Support
8	Quorum when attending local authority meetings	Calls for legislation to enable elected or appointed members to connect remotely and be included in the quorum.	This remit would provide an option for councils to hold meetings remotely as they did during COVID-19. Prior to that the legislation required members to be physically present to be included in the quorum, although they were able to vote. This remit requests that the changes introduced for COVID-19 to the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 are retained permanently and not removed when the Epidemic Preparedness (COVID-19) Notice 2020 expires. This would still be an option for councils to adopt through their standing orders and would not be mandatory.	Support
9	Use of macrons by local authorities	Calls for LGNZ to work with central government to put in place a simplified process for macrons to be added to council names.	The remit sets out the complex process to change a local authority’s legal name to include Māori macrons. It suggests that rather than individual councils go through the process, this should be addressed by the sector as a whole. Legal advice from Simpson Grierson is included with five potential options set out and it is recommended that LGNZ assess and explore these options further with central government.	Support
10	Rates rebates for low income property owners	Calls for the government to lift the level of rates rebates available for low and fixed income property owners with yearly increases.	The remit states that the level of rates rebates has not kept pace with the cost of living and is not providing financial support for those property owners on low and fixed incomes which has resulted in significant financial hardship for some members of the community. Current eligible rates rebates of up to a maximum of $640 per year and the income threshold is $25,660. The Productivity Commission recommended the current scheme be replaced with a national rates postponement programme or at least shifted to an online scheme, describing the scheme as inequitable, administratively cumbersome and modest. The Minister of Local Government has indicated the government is carefully considering these recommendations. Tauranga/Western Bay of Plenty submission to the Productivity Commission recommended restoring the rebate to $1,000 maximum indexed each year by the average rates increase across the country. Tauranga City Council has been advocating strongly for a more user friendly and efficient rates rebate application process. Council staff with help from SOLGM working with the Department of Internal Affairs (DIA) to enact the Rates Rebate (Statutory Declarations) Amendment Bill. The Bill will make it easier for eligible applicants to apply for a rates rebate, replacing the statutory declaration with a verified signature, and will allow local authorities to design online applications forms for rates rebates. Tauranga has already invested significant time piloting a rates rebate online application with the DIA. Staff will continue to work with other local authorities and the DIA with the goal of having a nationwide online application portal.	Support
11	Local Government’s CO2 Emissions	Calls for the government to implement an independent scheme to measure and report on carbon emissions at a district level.	The remit would task a government department with analysing and publishing each district’s carbon emissions, to provide a reliable breakdown of CO2 emissions. This would show CO2 changes over time, provide low cost information sharing and incentivise best practices to reduce CO2 emissions.	Support

*TCC supported the remit when it was nominated

[1] Per section 93(6) of the Local Government Act 2002


AGENDA Ordinary Council Meeting Tuesday, 11 August 2020
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Tuesday, 11 August 2020
Time:	2pm
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive

Road Name	Road Portion	Direction	Use
ADDITIONS:
Ngatai Road West side	From the western boundary of No 423 Ngatai Road generally to a point of 30 metres west of the western boundary of Otumoetai Road	Both ways	Cyclists only