Agenda of Ordinary Council Meeting

UNCONFIRMED Ordinary Council Meeting Minutes

2 June 2020

MINUTES

Ordinary Council Meeting

Tuesday, 2 June 2020

Order Of Business

1 Apologies. 3

2 Announcement – resignation of Larry Baldock and appointment of Tina Salisbury as Deputy Mayor 3

3 Public Forum.. 3

3.1 Public Forum - Dr Michael Morris, DXE (Direct Action Everywhere) 3

4 Acceptance of Late Items. 4

5 Confidential Business to be Transferred into the Open. 4

6 Change to the Order of Business. 4

11 Business. 4

11.4 Sydenham Botanic Park - Management, Funding and Governance Review.. 4

7 Confirmation of Minutes. 5

Nil

8 Declaration of Conflicts of Interest 5

9 Deputations, Presentations, Petitions. 6

Nil

10 Recommendations from Other Committees. 6

10.1 Recommendations from other Committees – Finance, Audit and Risk Committee - 26 May 2020 - Bay Venues Limited Update. 6

11 Business (Continued) 6

11.1 Code of Conduct 6

11.2 Local Government Funding Agency Notice of Special General Meeting. 8

11.3 Amendments to the Traffic and Parking Bylaw 2012. 9

12 Discussion of Late Items. 9

13 Public Excluded Session. 9

13.1 Extension of Waste Operational Contracts. 10

MINUTES OF Tauranga City Council

Ordinary Council Meeting

HELD AT THE Tauranga City Council, by Video Conference

ON Tuesday, 2 June 2020 AT 9am

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

IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Barbara Dempsey (General Manager: Regulatory & Compliance), Susan Jamieson (General Manager: People & Engagement), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Mohan De Mel (Treasurer), Wayne Thompson (Transportation Engineer), Brendan Bisley (Director of Transport), Robyn Scrimshaw (Reserves & Recreation Planner), Mark Smith (Manager: Spaces & Places), Ariell King (Team Leader: Policy), Coral Hair (Manager: Democracy Services), Nick Swallow (Manager: Legal and Risk), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor)

1 Apologies

Nil

2 Announcement – resignation of larry baldock and appointment of tina salisbury as deputy mayor

Mayor Tenby Powell announced with deep regret that he had accepted the resignation of Councillor Larry Baldock from the position of Deputy Mayor of Tauranga City Council.

Mayor Powell thanked Councillor Baldock for his service to the City and advised that he would continue serving the City as a Councillor. Mayor Powell acknowledged the diligent work Councillor Baldock had undertaken as Deputy Mayor and he had greatly appreciated the experience and loyalty shown to him over the past seven months.

Mayor Powell stated he was delighted to announce that Councillor Tina Salisbury has accepted appointment as the city’s new Deputy Mayor. Mayor Powell stated that Councillor Salisbury brought an admirable mix of strong community ties and awareness, empathy, diligence and sound judgement to her new role.

3 Public Forum

3.1 Public Forum - Dr Michael Morris, DXE (Direct Action Everywhere)

Key Points

· Dr Morris advised that DXE’s ambition was to stop animal agriculture by 2025 as this was a major driver of climate change.

· Dr Morris asked the Tauranga City Council (TCC) to adopt the same proposal and policies as the Bay of Plenty Regional Council (BOPRC) who declared a climate emergency and as part of that brought in policies to ensure that all food served at Council meetings was plant based. He also asked TCC to go further than BOPRC and become part of the C40 cities initiative, where cities worldwide were discussing ways in which they could promote policies that supported a change from animal based eating to plant based eating.

· Dr Morris stated that it was appropriate this meeting was being held during COVID 19 as the main driver of this disease was the spread of disease from animals to people. While COVID-19 was not the only pandemic spread from people invading animal habitats it was the most recent.

· Dr Morris stated that the slaughterhouse industry was spreading this COVID pandemic and was a public and human health risk.

· Dr Morris advised that he was lobbying various New Zealand councils to adopt the C40 initiative as DAE considered that plant-based eating was better for the environment, human health and social justice.

In response to questions

· When asked what TCC could specifically do, Dr Morris advised that TCC could change their catering and procurement policies to better promote plant-based eating and act as an example.

The Mayor thanked Dr Morris and advised he would follow up with the BOPRC on the actions that they had taken in response to his submission.

4 Acceptance of Late Items

Nil

5 Confidential Business to be Transferred into the Open

Nil

6 Change to the Order of Business

The Mayor advised that the item 10.4 on Sydenham Botanic Park – Management, Funding and Governance Review would be brought forward as Mr Brian Hodge was attending the meeting.

11 Business

11.4 Sydenham Botanic Park - Management, Funding and Governance Review

Staff Robyn Scrimshaw, Reserves & Recreation Planner

Mark Smith, Manager: Spaces & Places

Ariell King, Team Leader: Policy

External Brian Hodge

Key points

· Mr Brian Hodge thanked the Council for the opportunity to speak to this report and advised that this had resulted from a submission made to the annual plan last year and the reserve management plan seeking recognition of the Sydenham Botanic Park’s (the Park) botanical value to Tauranga City.

· Mr Hodge noted that the Park was unusual in that it was established and owned by an individual, Frank Sydenham, who had died in 1973, and as a result of the bequest TCC had agreed to play a role in the ongoing maintenance and administration of the Park in perpetuity as long as the Guardian Trust was happy with this arrangement.

· Sydenham Botanical Park was located in Otumoetai, adjacent to Brookfield Primary School.

· Mr Hodge stated that the basis of the submission was that the original group, that was put together for five years, had now been going for seven years and was finding it increasing difficult to get the funds required to maintain and progress the Park.

· Mr Hodge had hoped to take the councillors on a tour and would still like to do so.

In response to questions

· Mr Hodge was thanked for his long service to the Trust and the Park.

· Mr Hodge was asked to explain the background of the Trust and their contribution to the Park. Mr Hodge advised that there were two groups, the Funding Trust, which was a charitable trust established to raise money by making applications to various funders (about three to six members). The second group was an advisory group of about eight to twelve people whose role was to assist with maintaining the Park.

· Both groups needed new members, however he was unclear how this recruitment process would be undertaken as both groups were appointed by the Council.

Discussion points raised

· The Park was well appreciated by the residents and the Trust and volunteers have done an amazing job over the years.

· Botanic living history was a valuable asset and a visit to the Park would be appreciated by the Councillors.

Resolution CO11/20/1

Moved: Cr Larry Baldock

Seconded: Cr John Robson

That the Council:

(a) Renew the Deed of Trust between Sydenham Botanical Park Funding Trust and Council for a period of five years; and

(b) Include operational and maintenance costs in annual Council budgets; and

(c) Partially fund the remainder of the capital costs (detailed in Attachment 1) with a one-off 50% contribution of $45,000.

Carried

7 Confirmation of Minutes

Nil

8 Declaration of Conflicts of Interest

Nil

9 Deputations, Presentations, Petitions

Nil

10 Recommendations from Other Committees

10.1 Recommendations from other Committees – Finance, Audit and Risk Committee - 26 May 2020 - Bay Venues Limited Update

Resolution CO11/20/2

Moved: Cr Tina Salisbury

Seconded: Cr Larry Baldock

That the Council adopts the recommendation from the Finance, Audit and Risk Committee on 26 May 2020 as outlined in Committee Resolution F15/20/6 in relation to Bay Venues Limited Update:

(a) Receives the Bay Venues Limited Update report.

(b) Receives and confirms the brief of the strategic review of Bay Venues Limited.

(c) Transfers Resolutions (a) and (b) into the open section of the proceeding Council meeting for adoption, requesting that the Chief Executive undertakes this piece of work at the earliest opportunity.

Carried

11 Business (Continued)

11.1 Code of Conduct

Staff Coral Hair, Manager: Democracy Services

Nick Swallow, Manager: Legal and Risk

Key points

· The updated Code of Conduct (the Code) included a range of new features that drew on the Local Government New Zealand (LGNZ) template that reflected the best practice introduced by councils over the last decade.

· The differences between the current Code and proposed Code were outlined.

· The proposed Code introduced a new requirement to complete a Regulatory Register (in section 9.2) where there was potential for elected members to be seen to be influencing a regulatory and/or compliance outcome.

· The Code distinguished between trivial and serious breaches of the Code and set up processes for dealing with both types of complaint and a test for “materiality”.

· The recommendation was to refer initial complaints to the Mayor, except where the complaints relate to the Mayor.

· The Council had various options around establishing a Code of Conduct Committee to hear complaints. If the Council agreed to establish a Code of Conduct Committee it needed to determine the make-up of that Committee and whether it should have delegated authority to make decisions about the complaints it hears or only recommendatory powers.

In response to questions

· The Chief Executive’s responsibilities, as set out in the Local Government Act 2002 (LGA), could be included in section 4.2 of the Code to provide information to the Councillors and the public without paraphrasing or diluting those responsibilities.

· The Councillors were able to include the declaration of office, as set out in Section 14 of the LGA, in the preamble to the Code.

· The Councillors were able to add additional values to section 3. The value of “Free Speech - Members will respect the diversity of thought and opinion that are part of a healthy democracy.” was recommended to be included as this would be consistent with the values set out in the Standing Orders. The following wording for an additional value of “Transparency” was suggested “Members will conduct the business of Council in an open, transparent and democratically accountable manner”.

· It had been suggested that the following sentence at the beginning of section 4 of the Code be deleted as it was considered a generic explanatory statement. “The Code of Conduct is designed to strengthen the good governance of your city, district or region.” The Councillors were able to delete, add or change the Code.

· The Protected Disclosures Act 2000 (Whistle-blower Protection) (the Act) was amended in 2009 to provide protection for elected members and they were considered to be “employees” of a public sector organisation in the definition of that Act. It was suggested that a paragraph explaining the provisions of the Act in relation to elected members be included in Appendix B of the Code. This could link back to the Council’s Protected Disclosures Policy available on the website.

· The Council had the option of referring a complaint to the Code of Conduct Committee, if one was established, as well as maintaining the ability to hear a complaint itself. This would involve an amendment to section 15 Penalties and action and Appendices D and E to read “When a complaint is determined to be material the Chief Executive will report to the Council that the complaint is found to be material and a decision will be made by the Council on whether the Council hears the complaint or is referred to the Code of Conduct Committee …”

· In response to a question as to whether it was appropriate for the Mayor to be involved in the complaints process, the Mayor advised that he preferred not to be involved in the complaints process and it was agreed to amend the Code to refer all complaints to an independent investigator. This would involve changes to the complaints process as set out in section 14 and Appendices D and E.

· In regard to the defences to complaints, the current Code provided for an administrative law code driven by natural justice and fairness where people had a right to defend themselves. If talking about codifying an approach to the issues of defences we could risk getting caught in complex processes.

Discussion points raised

· The Council considered that given there was no urgency in resolving this matter at today’s meeting it would be prudent to let the report lie on the table as there were a number of amendments proposed during the meeting and members needed time to read and consider these changes.

Resolution CO11/20/3

Moved: Cr John Robson

Seconded: Mayor Tenby Powell

That the Council, in accordance with Standing Order 25.2 (d), leaves the report on the Code of Conduct to lie on the table and not be further discussed at this meeting and be considered at a future Council meeting.

Carried

11.2 Local Government Funding Agency Notice of Special General Meeting

Staff Mohan De Mel, Treasurer

Paul Davidson, General Manager: Corporate Services

Key points

· This report was seeking endorsement of the approach of the Local Government Funding Agency (LGFA) to move the ratio to 300% and seeking approval by way of proxy for a nominated member of staff to attend the Special General Meeting of the LGFA.

Resolution CO11/20/4

Moved: Cr John Robson

Seconded: Cr Tina Salisbury

That the Council:

(a) Receive the Local Government Funding Agency Notice of Special General Meeting report.

(b) Approve the amendments to the foundation policies of the Local Government Funding Agency.

(c) Approve by way of proxy, a nominated member of staff to attend the Special General Meeting as shareholder representative of Tauranga City Council.

(d) Approve the amendment of Council’s Treasury Policy to align with the Local Government Funding Agency foundation policy change to the net debt to revenue covenant, subject to shareholders’ approval of (b) above.

Carried

11.3 Amendments to the Traffic and Parking Bylaw 2012

Staff Nic Johansson, General Manager: Infrastructure

Wayne Thompson, Transportation Engineer

Brendan Bisley, Director of Transport

Key points

· This report was requesting changes to the Traffic and Parking Bylaw.

· Two schedules were attached which provided details of the recommended amendments.

In response to questions

· Staff advised that they were aware of the issues with parking along Anzac Road and 22^nd Avenue, and this situation was been investigated and would be reported back.

Resolution CO11/20/5

Moved: Cr Kelvin Clout

Seconded: Cr Larry Baldock

That the Council:

(a) Receive Amendments to the Traffic and Parking Bylaw 2012 Report.

(b) Adopt the proposed amendments to the Traffic and Parking Bylaw 2012 Attachment as per Appendix B, effective from 3 June 2020.

Carried

12 Discussion of Late Items

Nil

13 Public Excluded Session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution CO11/20/6

Moved: Cr Jako Abrie

Seconded: Cr Tina Salisbury

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

13.1 - Extension of Waste Operational Contracts

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a) - 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

Carried

The meeting closed at 10:20am.

The minutes of this meeting to be confirmed at the Ordinary Council meeting held on 28 October 2020.

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

CHAIRPERSON

Ordinary Council Meeting Agenda

28 October 2020

10 Business

10.1 Adoption of Tauranga City Council Annual Report 2019-20

File Number: A11898411

Author: Kathryn Sharplin, Manager: Finance

Marin Gabric, Senior Financial Accountant

Rhea Brooks, Corporate Planner

Authoriser: Paul Davidson, General Manager: Corporate Services

Purpose of the Report

1. To adopt the Tauranga City Council Annual Report for the year ended 30 June 2020

Recommendations

That the Council:

(a) Receive Report – Adoption of Tauranga City Council Annual Report 2019-20.

(b) Approves Tauranga City Council’s Annual Report 2019-20.

(d) Adopts the Audited Tauranga City Council Annual Report 2019-20 pursuant to the provisions of the Local Government Act 2002.

(e) Authorises the Chief Executive to make any necessary minor numerical, drafting or presentation amendments to the Annual Report 2019-20 prior to final printing.

(f) Approves the transfer of the rates surplus from 2019-20 to fund operational expenditure in 2020-21, as agreed at the adoption of the 2020-21 Annual Plan.

Executive Summary

2. The Annual report is presented for adoption by Council

3. Audit New Zealand has audited the Annual Report 2019-20 and will present its report to this meeting after which it is recommended that Council adopt the audited Annual Report for the year ended 30 June 2020.

4. The draft annual report was presented to Finance Audit and Risk Committee (FARC) on 22 September 2020. There have been some changes to the results after discussions with Audit New Zealand, which are outlined in this report. The net effect of these changes is an unfavourable movement of $8m, from a surplus before tax of $3.6m to a deficit before tax of $5.1m. The main contributor to this unfavourable movement is an impairment from capital work in progress of $9m of Bella Vista capital costs. This estimate of impairment is close to the amount of insurance proceeds received for Bella Vista which was reported in the 2019 financial year.

5. There has been an adjustment to the ACC accrual which reduces the 2020 operating expenditure by $1m. This amendment reverses five years of over-accrued ACC costs. Part of the adjustment relates to 2020 ACC expense accrual and contributes to the final rates surplus of $390,000 which has been used to offset rates requirement in 2020-21.

6. The financial results for Tauranga City Council and Group are as follows:

Tauranga City Council
$390,000 rates surplus to fund 2020-21 operating expenditure	$5.1m deficit before tax
$525m net debt – 206% debt to revenue ratio	$147m capital expenditure
Tauranga Council (Group)
Deficit before tax $9.6m	Net Debt $526m, debt to revenue ratio 195%

The non-financial results for the year include:

57%	33%	10%
85/148 measures achieved.	49/148 measures not achieved.	14/148 measures unable to be assessed.

Background

7. The Annual Report (Attachment A) is presented for adoption by Council.

8. The Summary Annual Report will be completed and presented to Council at a later date.

9. The draft Annual Report was presented to FARC on 22 September with key themes for the year discussed.

10. While the key themes remain as discussed at FARC, there have been amendments to the financials agreed with Audit New Zealand. Only one of these changes has affected operating expenditure. This was the reduction in the ACC expense accrual which has been overstated for several years to a total of $1m. Part of this adjustment has been allocated against rates to maintain a rates surplus of $390,000, which has been directed toward funding 2020-21 operating expenditure, as proposed by Council at the adoption of the annual plan.

11. The other significant changes have affected asset revenue and other expenses. The first is the recognition of the full revenue and expenditure flows from weathertight settlements including agreed payments and insurance proceeds. This revised treatment increases revenue and expenditure equally with no net effect on surplus. The second amendment is the impairment of the value of capital expenditure held as work in progress against the Bella Vista properties which are to be sold. The impairment that has been recorded is $9m, which approximates the insurance received in the previous year.

12. This impairment to work in progress, partially offset by the adjusted ACC expense accrual, affects the surplus/deficit before tax which overall is now $5.1m unfavourable to budget. This result compares to the $3.6m surplus before tax reported to FARC in the draft report in September.

13. As well as these amendments to the financials, the attached Annual Report has been amended from that presented to FARC as a result of inclusion of:

(a) amendments to the early sections of the report to reflect:

(i) the above changes

(ii) changes requested by elected members

(b) various additional minor amendments either requested by Audit New Zealand or identified during internal review, including amendments to non-financial performance measures.

14. Audit New Zealand has completed its audit and various amendments have been reflected in the financials and the notes to the accounts. The Audit Director will provide the audit opinion at the meeting.

15. Once Audit New Zealand has presented its audit opinion, Council adopts the audited financial report. The audited Annual Report will be made publicly available.

16. The Summary Annual Report has yet to be finalised and audited. This summarises financial information, along with extracts from the front sections of the Annual Report. The summary report is also required to be audited and published within one month after adoption of the Annual Report.

Strategic / Statutory Context

17. The Annual Report must be prepared each year in accordance with generally accepted accounting practice in New Zealand and compliant with the requirements of the Local Government Act 2002. The Annual report must be completed, and the audited annual report adopted by Council. Usually this adoption must occur within 4 months of the end of the financial year. However due to the impact of Covid-19 the timeframe was extended to December 2020.

Options Analysis

18. No options are presented.

Financial Considerations

19. The annual report provides a report to the community of Councils performance against the proposed services and capital investment set out in the annual plan and long-term plan.

Consultation / Engagement

20. Within one month of adoption, Council must make publicly available the Annual Report and a summary of the information contained in the Annual Report.

Significance

21. Under the Significance and Engagement Policy 2014, this matter is of low significance as it is reporting on previous performance

Next Steps

22. The adopted report will be loaded to the TCC website and copies of the summary annual report distributed once this has been completed and audited.

Attachments

1. TCC Annual Report 2019-20 DRAFT - A11919683 ⇩

Ordinary Council Meeting Agenda

28 October 2020

PDF Creator

Ordinary Council Meeting Agenda

28 October 2020

10.3 WBoP - Transport System Plan (TSP) Summary and Recommendations

File Number: A11912861

Author: Alistair Talbot, Team Leader: Transport Strategy & Planning

Authoriser: Christine Jones, General Manager: Strategy & Growth

Purpose of the Report

1. To provide Council with an update on the Western Bay of Plenty Transport System Plan project and seek approval to use the Stage 1 – Transport System Operating Framework outputs in the development of the 2021 – 2031 Long Term Plan, 2021 – 2024 Regional Land Transport Plan and other planning processes.

Recommendations

That the Council:

(a) Receive the Project update.

(b) Notes the SmartGrowth Implementation Committee’s endorsement of the Transport System Operating Framework outputs for use by the Partners in the development of the 2021-2024 Regional Land Transport Plan and respective 2021 – 2031 Long Term Plans and other planning processes.

(c) Approves the use of the Stage 1 – Transport System Operating Framework outputs in the development of the 2021 – 2031 Long Term Plan, 2021 – 2024 Regional Land Transport Plan and other planning processes.

Executive Summary

2. The Western Bay of Plenty Transport System Plan partnership[1] (Transport Partners) are leading the development of the Western Bay of Plenty Transport System Plan (TSP). The first stage of the TSP is to develop a Transport System Operating Framework (TSOF). The framework is intended to guide the development and implementation of projects under the Urban Form and Transport Initiative (UFTI) Programme Business Case.

3. It is important to note that this work has had a transport system focus with the key objective of identifying a transport system that will deliver, as best as possible, the objectives and recommendations of UFTI. The transport ’system’ takes account of all ’modes’ by which the community can move around to work, recreation and their general business and the movement of freight and goods. Whilst this work has a transport focus it is driven by the settlement pattern recommendations from UFTI.

4. The work has included 3 phases:

a) Report 1 – Examination of all available background evidence and the strategic objective setting taking, in particular, attention the work and recommendations of the UFTI Programme Business Case.

b) Report 2 – Network Evaluation and Gap Assessment. This stage examined the existing transport system to identify the areas of mode conflict, operating gaps (like lack of capacity), and safety risk gaps.

c) Report 3 – Option Evaluation and Recommendations. This is where the options that respond to the identified mode conflicts and operating gaps were evaluated and recommendations for programs of work (i.e. Programme of Activities) were developed.

5. Throughout this work all the Project partners’ staff representatives have been involved in developing, reviewing and commenting on analysis and drafting of reports and findings. This has included attendance at numerous workshops and strategy sessions.

6. The Projects development process steps for phases 1 to 3 are shown below:

7. The recommended ’Programme of Activities’ has three sections:

a) Significant projects which are committed and proceeding;

b) A set of Strategy and Policy Interventions subregion-wide which will examine strategies that will influence the development of projects and support achievement of the TSPs objectives. These Strategy & Policy Interventions are programmed for completion in the first period (0 – 3year timeframe) so their findings can influence the subsequent programmes of specific projects. (Note that some of these strategies such as Travel Demand Management (TDM) or the Electric vehicle and hydrogen uptake strategy will likely require a national level (e.g. Waka Kotahi) lead or new legislation.

c) A list of activities of projects which have been sorted by gap and project priority and sequencing undertaken through the TSOF. This is informed by UFTI, Waka Kotahi (NZ Transport Agency) and Regional Land Transport Plan ‘intervention hierarchy’, i.e. optimise first to make best use of existing infrastructure, and complete business case projects to confirm the need and timing of longer-term improvements.

Background

8. The Western Bay of Plenty Transport Partners (Transport Partners) are leading the development of the Western Bay of Plenty Transport System Plan (TSP) in partnership with key stakeholders. The purpose of the TSP is to determine how the partners can work towards the long-term vision defined by the Urban Form and Transport Initiative (UFTI) over the next 30 years. UFTI forms the Programme Business Case for transport and land-use in the sub-region.

9. The challenges currently facing the sub-region, regarding transport and land use planning are documented in UFTI. Rapid population growth and imbalanced investment and prioritisation in the transport system has resulted in a cycle of car dependency and auto focused rather than people focused urban form. It has also led to their being limited convenient and safe transport choices to the private car to move about,

Figure1: Existing transport and growth cycle

10. There is a need to plan for the future based on the transport system of today, but the plan must also be cognisant of how things could change and build adaptability into system planning and design.

StrateGY REFERENCE

11. UFTI provides the strategic direction for the TSP. The TSP is the transport part of UFTI. The land use elements of UFTI are addressed through the development of the joint Western Bay of Plenty Spatial Plan and separate implementation projects such as the Te Papa spatial plan and the Housing Choice plan change.

MATTERS FOR CONSIDERATION

12. The following section provides an overview of the three key reports produced by the TSP Project team.

Report 1: Background Evidence and Strategic Objective Setting

13. The review of existing evidence has identified the following key findings:

· Relevant policies and plans support an emphasis on mode shift, supporting improved transport choice, freight movement and improving safety.

· Access opportunities for people to move by alternative travel modes to the private vehicle is limited and expected to worsen as growth continues unless convenient and safe alternatives are provided. Freight movement by road experiences delay, especially at pinch points.

· UFTI is moving toward a programme that seeks to increase intensification in the areas that are connected by reliable people movement networks.

· A number of studies and plans have identified initiatives to improve the transport network, but the proportion of planned investment committed to date has been low in the last 10 years.

14. The 2018 committed and planned 10-year programme indicates a strong investment in economic development (supporting new greenfield growth areas) and road safety. This investment is driven by the settlement pattern adopted by the Project Partners over the last 20 years, where considerable (75% greenfield urban growth area/rural – 25% infill/intensification between 1 July 2000 and 30 June 20202) development has occurred in greenfield growth cells on the City periphery.

15. Going forward, investment is needed to support the transport and land use pattern identified by UFTI. Achieving objectives around improving safety and increasing travel by public transport, walking and cycling will not improve travel times or reliability for private vehicles. As corridor space is limited, in some areas it may take longer to travel by private car in future than it does now, but there needs to be alternative travel options provided that are attractive and viable (e.g. compete on travel time, reliability, convenience and price).

16. Some existing policies will also need to change to support the TSP objectives. For example, the cost of car parking and bus fares need a level of joint consideration to better support mode shift and broader urban form outcomes. In the longer term, other levers like road pricing may need to be considered (e.g. to achieve mode shift and network function outcomes).

17. Next steps identified at the end of Report 1:

· The TSOF be completed to provide the framework for evaluating gaps.

· As part of this, key transport network and policy initiatives be developed for 0-3, 3-10 and 10-30 year timeframes.

· These initiatives are evaluated using the framework to recommend a preferred approach.

· Issues identified are such that Single stage business cases for key parts of the transport network require development to secure funding for implementation.

Report 2 – Network Evaluation and Gap Assessment

18. The analysis established ‘primary routes’ and ‘indicative secondary routes’ (that will be subject to further review and refinement through the TSP) for each mode (e.g. public transport; freight; cycling; general traffic). This led to mode conflicts and operating gaps being identified for initial consideration in the early option development stage.

19. Next steps identified at the end of Report 2:

· Project Partner feedback on the proposed options (i.e. activities / projects).

· Refine and confirm the list of projects based on Partner review.

· Assessment of options in an MCA / MCP style evaluation.

· Modelling of interventions to inform prioritisation and packaging.

· Evaluation of recommended option / programme.

Report 3 – Option Evaluation and Recommendations

20. This phase developed the System Operating Framework to support UFTI’s implementation,

21. The approach taken to develop the TSOF has been highly collaborative and has followed a structured process from defining problems, benefits and objectives, identifying network and operating gaps, and then evaluating a broad list of intervention options to derive a recommended programme of activities. Multiple specialists and technical staff have been engaged from across the Partner organisations and external organisations to support the TSOF development process.

22. Broader engagement with stakeholders, and communities on the projects and activities through the RLTP and LTP processes and onward through the business case / project development phase is proposed as a next step and will help to further scope and refine the next steps of the TSP project.

23. The analysis platform tool used to develop the TSOF is a repeatable and adaptable tool that can be used again to assess new gaps and / or evaluate new options to address gaps. This and the completed network operating plan provide a basis for a consistent and integrated approach to transport planning rather than the TSOF being an isolated project.

24. The Recommended Programme is not just infrastructure focussed. It also identifies necessary strategy and policy reviews to support achievement of the projects objectives. One key activity relates to the collection and analysis of data to broaden understanding of the transport system and the people who use it.

25. The technical process has derived a programme of recommendations for the Transport Partners to take forward in informing the respective RLTP and LTP development and submissions. A Shared Tactical Implementation Plan (STIP) will summarise the outcomes of the TSOF for Transport Partner Agreement.

proposed programme of activities

26. The attached Appendix 4 sets out the ‘Recommended Programme of Activities’ which are divided into three categories.

a) Significant projects which are committed and proceeding.

b) A set of Strategy and Policy Interventions subregion-wide which will examine strategies that will influence the development of projects and support achievement of the TSP’s objectives. These Strategy & Policy Interventions are programmed for completion in the first period (0 – 3year timeframe) so their findings can influence the subsequent programmes of specific projects. (Note that some of these strategies such as Travel Demand Management (TDM) or the Electric vehicle and hydrogen uptake strategy will likely require a national level (e.g. Waka Kotahi) lead or legislation.

c) A list of activities of projects which have been sorted by gap and project priority and sequencing undertaken through the TSOF. This is informed by UFTI and the Waka Kotahi and Regional Land Transport Plan ‘intervention hierarchy’, i.e. optimise first to make best use of existing infrastructure, and complete business case projects to confirm the need and timing of longer-term improvements.

27. In brief, the framework provided by UFTI has been used to prioritise the activities with an emphasis on first making best use of existing infrastructure. Priorities taking account of affordability will be addressed through the LTP process.

28. Beyond year 3 there is insufficient reliable detail of both costs and benefits at this stage and these will not become available until further project development of activities e.g. through the development of a Single Stage Business Case phase for an activity. For the purpose of the assessment the costs have been estimated at +/- 50%, so it is important to recognise that the costs are indicative and uncertain by nature of the stage of planning at which the projects are at.

29. The following Figure 2 helps to show the steps that have been taken to reach the current conclusions:

30. The ‘Programme of Activities’ identified by this process is to be reflected in a ‘Shared Tactical Implementation Plan (STIP)’.

Next Steps

31. Subject to Council’s approval the next steps are to:

(a) Submit the Stage 1 – Transport System Operating Framework outputs (i.e. Programme of Activities) for use in the development of the 2021 – 2031 Long Term Plan, 2021 – 2024 Regional Land Transport Plan and other planning processes.

(b) Consider affordability, prioritisation and funding options (eg rates, development contributions, FAR subsidy) for TCC’s share of costs through development of the 21-31 LTP.

(c) Work with Project partners to continue to refine the scope and costs of activities including through the completion of the STIP.

Attachments

1. Appendix 1 WBOP TSOF Background and Objectives Setting Report Final 09 Sept 2020 (Reduced) - A11913113 ⇩

2. Appendix 2 WBOP TSOF Network Evaluation and Gap Assessment Report Final October 2020 - A11913114 ⇩

3. Appendix 3 Western BOP TSOF Report 3 Option Evaluation and Recommendations 09102020 FINAL(Reduced) - A11913115 ⇩

4. Appendix 4 WBOP TSOF Recommended Programme of Activities v6.2 13102020 - A11913118 ⇩

5. Appendix 5.1 WBOP TSOF STIP BOPRC - Draft - A11913119 ⇩

6. Appendix 5.2 WBOP TSOF STIP NZTA - Draft - A11913122 ⇩

7. Appendix 5.3 WBOP TSOF STIP TCC - Draft - A11913125 ⇩

8. Appendix 5.4 WBOP TSOF STIP WBOPDC - Draft - A11913128 ⇩

Ordinary Council Meeting Agenda

28 October 2020

TSOF Recommended Programme 13 October 2020

Key to \ colour coding of activity timings
Business case and design
Implementation

Committed Significant Projects Proceeding

Project	Status	Way forward	Period (undefined)
Project	Status	Way forward	1^st Period	2^nd Period	3^rd Period
Baylink	In construction	Complete construction
Cameron Road Multimodal Stage 1	Committed, CIP Funded	Design and construct
Omokoroa Road upgrade	Committed, CIP Funded	Construction
Takitimu North Link	Committed, NZUP programme	Design and construct
Rangiuru Interchange and Rangiuru Industrial area transport infrastructure	Committed, CIP Funded	Design and construct

Strategy and Policy Interventions Subregion-wide

Strategy, Policy or Programmes	Objective	Way forward	Period (undefined)
Strategy, Policy or Programmes	Objective	Way forward	1^st Period	2^nd Period	3^rd Period
Regional Mode Shift Plan.	To support mode shift to sustainable modes.	Finalise and implement
EV and hydrogen uptake strategy, e.g. parking incentives and policy to support EV’s, charging infrastructure to support EV’s, fleet vehicle policies etc.	To reduce transport emissions.	Develop strategy
Bus fare and parking management policies.	To support mode shift to public transport.	Policy reviews
Freight mode shift strategy to support road to rail and costal shipping transfer.	To reduce road network volumes, improve system operation and support freight objective.	Develop strategy
Emerging transport technologies strategy, e.g. data analytics and application to optimise transport systems, real time information to customers, adaptive network messaging and signal controls.	Adopt new technologies to manage network demands and improve planning.	Develop strategy
Travel demand management strategy as directed by the Mode Shift Plan, e.g. reduce the need to travel, reduce peak travel demand and encourage mode shift to sustainable modes.	To reduce network demands and prolong network functionality.	Develop strategy
Travel behaviour change programme as directed by the Mode Shift Plan and linked to the above broader TDM strategy, e.g. customer and community insight, travel planning programme	Change perception and culture toward mode shift, PT phycology, understand user preferences	Develop programme

Proposed List of Activities

The TSOF list is ordered by gap and project priority and then sequencing. This is informed by UFTI and the Waka Kotahi (NZ Transport Agency) intervention hierarchy, i.e. optimise first to make best use of existing infrastructure, and complete business case projects to confirm the need and timing of longer-term improvements.

Costs are indicative cost estimates which are uncertain by nature, these estimates become more certain through the business case process

Ref	Project	Objective	Gap Priority in Evaluation Platform	UFTI Alignment	Indicative cost estimate	Way forward	Period (undefined)
Ref	Project	Objective	Gap Priority in Evaluation Platform	UFTI Alignment	Indicative cost estimate	Way forward	1^st Period	2^nd Period	3^rd Period
1	Hewletts Rd optimisation, e.g. Te Marie link, Aerodrome Rd signals etc.	Improve travel time reliability for freight interpeak.	1	Freight Access (optimisation prior to business case)	$2M	LCLR
2	Optimise bus services and frequencies short term improvements (0 to 3 years) (excluding dedicated school bus services).	Continual improvement of the bus system to support mode shift.	2	Sub-regional PT, mode shift package	$21M to $26M opex p/a (existing approx. $19M)	Implementation
3	Improve bus stops and access facilities short term improvements (0 to 3 years).	Continual improvement of the bus system to support mode shift.	2	Sub-regional PT, mode shift package	$7M (TCC), $100K (WBOPDC)	Implementation
4	Combined preferred scenario bus services and supporting infrastructure (access facilities, dedicated connections, park and ride, bus priority etc) business case.	Encourage mode shift to public transport.	2	The sub-regional PT, mode shift, package	$700K (business case cost only)	SSBC
5	Preferred scenario bus services and frequencies (excluding dedicated school bus services) Defined through combined services and infrastructure SSBC.	Frequent and reliable PT services to support mode shift	2	Sub-regional PT, mode shift package	$27M to $31M p/a^{^[2]}	SSBC (with below)
6	Supporting stops and access facilities for preferred scenario bus services and frequencies. Defined through combined services and infrastructure SSBC.	Improve access to PT and quality of PT facilities to support mode shift.	2	Sub-regional PT, mode shift package	$1M p/a (excludes P&R and hubs etc included below)	SSBC (with above)
7	Golf to Hewletts Rd stage 1 optimisation for bus and cycle, e.g. queue jump, bus priority, safety facilities	Support travel time reliability for PT on a primary route	3	Freight Access package (optimisation prior to business case)	$1M	LCLR
8	Welcome Bay Rd to Turret Rd optimisation, e.g. ramp metering.	To improve accessibility, travel time reliability and make best use of existing infrastructure.	4	Central Corridor package (optimisation prior to business case)	$1M	LCLR
9	SH29 Tauriko West enabling works package (DBC)	Support planned urban growth and modal shift.	5	Western Corridor package	$42M	Complete DBC
10	Smiths Farm access to housing	Support planned residential growth and provide access.	5	Supports UFTI planned urban growth	$7M	SSBC Light
11	City-wide provision of PT real time travel information at stops and via personal devices	Supporting PT use and encouraging mode shift to PT.	7	Sub-regional PT, mode shift package	$2M per year	Implementation
12	Papamoa East Interchange	Support quality urban growth and accessibility in eastern growth area.	7	Eastern Corridor package	$63M	Design and construct
13	Te Tumu urban growth area internal multimodal transport network and facilities	Support quality urban growth, mode shift and accessibility in eastern growth area.	7	Eastern Corridor package	$55M (mostly in years 10 to 30)	Design and construct
14	Park and ride sites eastern corridor, e.g. Domain Rd and Wairakei	Improve access to PT and support mode shift.	7	Sub-regional PT, mode shift package	$8.25M per site	SSBC Light
15	Primary cycle route facilities (Accessible Streets programme - Area A Mount/Papamoa/CBD and Area B Otumoetai/Bellevue/Brookfield)	Improve safety and encouraging active modes.	18	Sub-regional PT, mode shift package	$45M 0-3yrs ($46M 4-10yrs, $100M 11-30yrs)	Area focussed SSBCs (Mount and Otumoetai)	Imp Area B	Imp Area A
16	Mobility as a Service interventions / trial (e.g. on demand bus services) for Welcome Bay area	Improve accessibility and support mode shift.	19	Sub-regional PT, mode shift package	<$2M	Trial
17	Arataki area PT facility	Support mode shift, improve access and Council’s amenity and intensification plans.	20	Sub-regional PT, mode shift package	$5-15M	SSBC
18	Arataki area standard interventions for safety, e.g. traffic calming, intersection improvements, pedestrian and cycle treatments	Reduce road safety risk and improve access and amenity to activity centre. Supports future intensification.	22	Supports UFTI safety KPI (DSI reduction)	$5M	SSBC Light
19	Speed management network wide	Reduce speeds in high risk areas complementing physical changes.	22	Supports UFTI safety KPI (DSI reduction)	$1M (TCC programme)	LCLR
20	Harbour Bridge to Hewletts Rd optimisation for buses, e.g. shoulder running, signal pre-emption	Reduce travel time for PT and encourage mode shift.	26	Sub-regional PT, mode shift package	<$2M	LCLR
21	Fraser / Chadwick area optimisation multi-modal improvement	Improve accessibility, amenity and intensification within Te Papa.	28	Sub-regional PT, mode shift package	$1.25M	LCLR
22	Te Papa area standard interventions for safety, e.g. traffic calming, intersection treatments, ped and cycle facilities^{^[3]}	Reduce road safety risk and improve access and amenity. Supports future intensification.	30	Central Corridor package	$3.5M	DBC
23	Welcome Bay Rd rural section safety improvements	Reduce safety risk for all users.	32	Supports UFTI safety KPI (DSI reduction)	$5M	LCLR
24	Welcome Bay area standard interventions for safety, e.g. traffic calming, intersection treatments, ped and cycle facilities	Reduce safety risk, improve access to centres and support mode shift.	32	Supports UFTI safety KPI (DSI reduction)	<$5M	LCLR
25	Mount Maunganui multimodal improvements to support Spatial Framework	Improve safety accessibility and amenity / placemaking within an activity centre.	33	Supports UFTI access and safety KPI	$12.55M	SSBC Light
26	Arataki area (Concord to Monowai) accessibility and placemaking improvements, e.g. reduce conflict, improve quality of movement and place facilities	Improve safety accessibility and amenity / placemaking within an activity centre. Encourage mode shift.	35	Supports UFTI access and safety KPI	$5M	Review existing SSBC, or part of above project
27	Oceanbeach Road, Maranui Street safety improvements	Reduce safety risk, improve amenity.	37	Supports UFTI safety KPI (DSI reduction)	$3.64M	SSBC Light
28	Western Corridor Ring Route (SH36 – Oropi Road/SH29a)	Support planned urban growth in western corridor, wider network accessibility and resilience.	11	Western Corridor package	$145.5m (mostly in years 10 to 30)	Business case, design and implementation
29	Hewletts Rd sub area access single stage business case (includes Totara, Golf, Maunganui).	Improve safety and accessibility to Mount Maunganui and Port of Tauranga.	1	Freight Access / Central Corridor package	$170M	SSBC (consider transport system outcomes)		SSBC to confirm timing beyond optimisation
30	Turret and 15^th Ave improvements to support improved multimodal access business case	Improve multimodal accessibility and support Te Papa intensification plans.	4	Central Corridor package	$53M	SSBC (consider transport system outcomes)		SSBC to confirm timing beyond optimisation
31	SH29 Tauriko longer term infrastructure and facilities all modes	Enable accessibility, safe movement of people and goods and encourage mode shift.	5	Western Corridor package	DBC $2M $1.05-1.5B	Complete DBC
32	Welcome Bay Rd multimodal upgrade within the urban area	Improve accessibility, travel time predictability and safety for all users.	6	Supports UFTI Movement KPI	$14M	SSBC, or part of Turret/15^thAve SSBC
33	Improve PT access via TEL for express services, e.g. Parton Road or Domain Road access to / from TEL for buses	Reduce PT travel time and improve journey predictability for bus travel.	7	Sub-regional PT, mode shift package	$10M	SSBC Light
34	Cameron Rd multimodal upgrade stage 2	Improve PT journey predictability, reduce safety risk and support intensification.	9	Central Corridor package	$54M	SSBC
35	Hospital area transport facility¹	Support mode shift, improve access and the Te Papa intensification plans.	10	Central Corridor package	$10M	SSBC Light
36	Greerton area transport facility¹	Support mode shift, improve access and the Te Papa intensification plans	10	Central Corridor package	$10M	SSBC Light
37	SH29A optimisation package, e.g. intersection optimisation, lane usage, PT priority lanes etc.	Improve journey predictability and encourage mode shift.	11	Freight Access package	$4M	SSBC Light
38	Windermere to Oropi Rd green bridge	Improve PT and active mode accessibility.	11	Sub-regional PT, mode shift package	$35M	SSBC
39	Western Corridor Ring Route (SH29 to SH36 - Tauriko Stage 3 Ring Route)	Support planned urban growth, improve network accessibility and resilience.	11	Western Corridor package	$63M	SSBC
40	Tauriko West internal network connections	Support planned urban growth and encourage mode shift.	11	Western Corridor package	Developer cost to be agreed	DBC
41	Tauranga Crossing PT facility (on street)	Improve access to PT to encourage mode shift	11	Sub-regional PT, mode shift package	$1.7M	SSBC
42	Keenan Road access to planned urban growth (assumes roundabout on SH36)	Provide access for planned urban growth area	11	Supports planned urban growth package	$90.5M (mostly in years 10 to 30)	SSBC
43	Existing SH2 (Omokoroa to Cameron Road) multimodal upgrade post Takitimu North Link completion	Improve access to PT, improve safety and support mode shift	14	Sub-regional PT, mode shift package	$47.5M	SSBC
44	SH2 optimisation at Elizabeth Street to support reliable journey times for freight from Port of Tauranga on SH2	Improve travel time reliability on a strategic freight journey from Port of Tauranga	15	Supports UFTI freight access	<$2M	LCLR
45	CBD area transport facility²	Improve access to PT and encourage mode shift	17	Central Corridor package	$30M	SSBC
46	Bethlehem area transport facility	Improve access to PT and encourage mode shift	23	Sub-regional PT / Central Corridor package	$2M	SSBC Light
47	Park and ride site northern corridor, e.g. Omokoroa and Te Puna	Improve access to PT and encourage mode shift	23	Northern Corridor package	$9.5M per site	SSBC Light
48	Local road connections to the TNL and SH2	Improve safety and accessibility	23	Northern Corridor package	<$5M	SSBC Light
49	Brookfield enhanced bus facility	Improve access to PT and encourage mode shift	24	Sub-regional PT, mode shift package	<$250k	LCLR
50	Tauriko Business Estate transport network	Support planned growth, improve accessibility and encourage mode shift.	31	Supports planned urban growth package	Developer cost to be agreed	SSBC
51	Otumoetai / Brookfield / Bellevue multimodal improvements to support spatial framework / urban growth area	Improve multimodal accessibility and amenity to activity centre. Supports future intensification.	38	Central Corridor package	$7M	SSBC Light
52	Maunganui Rd multimodal upgrade (beyond current SSBC)	Encourage mode shift and reduce safety risk for all users.	47	CBD and Mt Maunganui package	$12.7M	SSBC Light
53	SH29A multimodal upgrade to better manage network demands.	Support freight and PT access, improve safety.	11	Central Corridor / Freight Access package	$450M	SSBC (consider transport system outcomes)
54	SH36 multimodal improvements to support planned urban growth	Support multimodal accessibility	11	Supports planned urban growth package	TBC in SSBC	SSBC
55	SH2 / Elizabeth Street intersection improvement to support freight access from Port of Tauranga	Support freight accessibility and journey predictability.	15	Supports UFTI prosperity KPI	$24M	SSBC
56	Additional bus and cycle capacity (harbour crossing) and Matapihi Rail Bridge replacement	Improve multimodal accessibility and PT predictability.	26	CBD and Mt Maunganui package	$175M	IBC (consider transport system outcomes)
57	Network wide TDM pricing to manage network demands	Manage network demands and prolong functionality of current assets.	11	Other policy and pricing package	<$1M	SSBC
58	Pyes Pa Rd multimodal upgrade	Improve accessibility and safety for all modes.	43	Supports planned urban growth area package	$117M	IBC

Indicative cost profile – unconstrained at this stage, deliverability and affordability to refine the programme for LTP and RLTP inputs subsequently.

Glossary
POE	Point of Entry
EV	Electric vehicles
IBC	Indicative business case
DBC	Detailed business case
SSBC	Single stage business case
SSBC Light	Single stage business case for projects below $15M
LCLR	Low cost low risk, for projects below $2M
CIP	Crown Infrastructure Partners
PT	Public transport

Ordinary Council Meeting Agenda

28 October 2020

10.4 By-election Otumoetai-Pyes Pa Ward and order of candidate names

File Number: A11911951

Author: Coral Hair, Manager: Democracy Services

Authoriser: Susan Jamieson, General Manager: People & Engagement

Purpose of the Report

1. The purpose of this report is to provide information on the by-election in the Otumoetai-Pyes Pa Ward resulting from the resignation of Councillor Jako Abrie and to determine the order of candidates on the voting document.

Recommendations

That the Council:

(a) Receives the report “By-election Otumoetai-Pyes Pa Ward and order of candidate names”; and

(b) Determines that the order of candidates on the voting documents for the Otumoetai-Pyes Pa ward be

(i) alphabetically by surname

(ii) in pseudo-random order

(iii) in random order

(c) Notes the timeline for the by-election for the Otumoetai-Pyes Pa Ward with voting commencing on 26 January 2021 and closing at 12 noon on Wednesday, 17 February 2021.

Executive Summary

2. Cr Jako Abrie resigned on 15 October 2020 and this has triggered a by-election in the Otumoetai-Pyes Pa ward. The by-election dates are determined by the provisions of the Local Electoral Act 2001 (LEA). The order of candidates’ names on the voting documents needs to be decided.

Background

3. Cr Abrie is one of two councillors representing the Otumoetai-Pyes Pa ward. His resignation has created an extraordinary vacancy that must be filled.

4. Warwick Lampp of electionz.com, Tauranga City Council’s Electoral Officer, will be conducting the election assisted by Robyn Garrett, Team Leader Committee Support, as Deputy Electoral Officer.

5. The Single Transferable Vote (STV) system will be used for the by-election.

6. There are approximately 34,000 electors in this ward, and it is expected that there would be a return of approximately 35% of voting papers.

7. Refer to the map below for the ward boundaries with the purple coloured area showing the Otumoetai-Pyes Pa ward.

8. The ward boundary is being extended, with effect from 1 January 2021, to include approximately 189 ha of rural land in Tauriko West (see map below) that is currently in the Kaimai ward of the Western Bay of Plenty District. The Local Government Commission (LGC) approved the reorganisation scheme in June 2020 and this was gazetted on 10 August 2020. The boundary change will come into force too late for any electors in this area to vote in this by-election, as the electoral rolls close on 22 December 2020.

9. There are also three proposed changes in the boundary between the Western Bay of Plenty District and Tauranga City being considered by the LGC. The three areas are:

· Approximately 260 hectares, adjoining State Highway 36 including Keenan Road, Gasson Lane and part of Merrick Road;

· Approximately 150 hectares, adjoining the Tauriko Business Estate around Belk Road;

· Approximately 57 hectares, between the Tauranga Eastern Link Road and Tara Road at Papamoa.

10. Two of these areas impact on the boundary of the Otumoetai-Pyes Pa ward. The decision on these areas is expected in 2021 and any changes will not take effect in time to change the ward boundary for this by-election.

Strategic / Statutory Context

11. Section 138A of the Local Electoral Act 2001 (LEA) sets out the requirements for by-elections when there is an extraordinary vacancy. When notice is received between the 28 September and 20 November then notification date is the 20 November and the election day is no earlier than 17 February.

12. Clause 31(1) of the Local Electoral Regulations 2001 states that a Council may make a decision about the order in which candidates’ names appear on voting documents. If Council does not wish to make a decision, the default position in the legislation is alphabetical order of surname.

13. Various sections of the LEA prescribe timelines for when the electoral rolls open and close, when nominations open and close and when voting papers must be delivered. The Christmas/new year period is factored into these dates.

timeline

14. The timeline for the byelection is set out below:

Action	Date
Chief Executive notifies Electoral Officer of extraordinary vacancy	Friday, 20 November 2020
Public notice calling for nominations	Monday, 23 November 2020
Nominations open	Tuesday, 24 November 2020
Nominations close, electoral roll closes	12 noon, Tuesday, 22 December 2020
Voting opens	Tuesday, 26 January 2021
Voting closes	12 noon, Wednesday, 17 February 2021
Preliminary results available	Approximately 5 pm Wednesday, 17 February 2021
Final result available	Friday, 19 February 2021
Public notice of result declaration	Tuesday, 23 February 2021

order of candidate names

Option 1: Order of Candidates’ Names By Resolution

15. Council may determine which order candidate’s names are to be presented on the voting paper. There are three options:

(i) alphabetical order by surname – candidates are ordered by surname in ascending alphabetical order.

(ii) Pseudo-random order – the order of candidates is drawn by lot, and then each voting paper is printed with the same order of candidates.

(iii) Random order – candidate names are shown in a different order on every voting paper. The order of candidates is determined randomly at the time each voting paper is printed.

16. Alphabetical order is easy to use and understand and matches the way candidate names are displayed in the candidate directory. A potential disadvantage of alphabetical order printing is that there is some documented evidence, mainly from overseas, of voter bias to those at the top of a voting list, however, that is generally related to booth voting and with postal voting the potential advantage to those at the top of the alphabetical voting lists is considered very small.

17. Pseudo-random order requires the names of the candidates to be drawn by a lot, but each paper is the same. This option goes some way to removing any perceived bias from alphabetical ordering of candidate names but still does not assist with levelling the playing field entirely. If the decision was made to have pseudo-random order, the public notice advising which candidates are standing must include the date, time and place at which the order of the candidates’ names will be arranged, and any person is entitled to attend.

18. Random order, where each candidate name is generated randomly and shown in a different order on every voting paper, is considered to “level the playing field” with every candidate having an equal opportunity to be randomly selected at the top of the voting paper.

19. Council has previously resolved to have candidates’ names in random order since the 2007 elections, including any by-elections.

20. There is no difference between any of the three methods in terms of cost.

Option 2: Default Alphabetical Order Of Candidates’ Names

21. If Council does not determine by resolution a preference, alphabetical order is used by default.

Financial Considerations

22. The cost of the by-election is approximately $100,000, although this figure could be higher if the number of candidates standing is greater than 10 or the rate of return is above the estimated 35%. If there is only one nomination and the by-election is uncontested, there will be no postal vote and the cost would be approximately $5,000. This is unbudgeted expenditure that will result is an over-spend in the election budget.

Legal Implications / Risks

23. The risk of non-compliance with the LEA and electoral regulations is mitigated by the experience and track record of the Electoral Officer and experienced staff.

Consultation / Engagement

24. Candidate information will be available on the council’s website and in hard copy form.

25. Public notices in the prescribed form will be circulated in the newspaper and on the council’s website.

26. Special voting is proposed to be available in the ward area, subject to resourcing.

Significance

27. The decision of candidate order name is not considered to be significant in terms of the Council’s Significance and Engagement Policy.

Click here to view the TCC Significance and Engagement Policy

Next Steps

28. The Electoral Officer will be notified of the Council’s decision on the order of candidate names.

29. The next steps are set out in the timeline for the by-election.

Attachments

Nil

Ordinary Council Meeting Agenda

28 October 2020

10.5 Code of Conduct Complaint

File Number: A11893071

Author: Marty Grenfell, Chief Executive

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. The purpose of the report is to consider an independent investigation into a Code of Conduct (the Code) complaint, determine whether a breach of the Code has occurred and what further action will be taken.

Recommendations

That the Council:

(a) Receives the report “Code of Conduct Complaint”; and

(b) Notes the findings of the independent investigation; and

(d) Notes that the complainant and the respondent take no part in the discussion or voting on this matter;

(e) Determines whether to concur or disagree with the findings of the independent investigation that the subject of this complaint:

(i) did not constitute a breach of the Code of Conduct in relation to the comments identified by Councillor Hollis in the Facebook post by Councillor Baldock; and

(ii) does constitute a breach of the Code of Conduct at the point where Councillor Baldock chose to name Councillor Hollis in the Bay of Plenty Times article on 5 August 2020 in relation to the alleged, rather than proven, behaviours; and

(iii) that the seriousness of the breach is at the lower end of the scale; and

(iv) while finding that the complaint is substantiated, it is not intended in any way to diminish the view or position held by Councillor Baldock regarding the anomaly he has raised, or his ability to do so.

(f) Should the Council determine that a breach of the Code of Conduct did occur, determines what further action, if any, will be taken.

Executive Summary

2. The Chief Executive received a complaint from Councillor Andrew Hollis on 22 August 2020 concerning the alleged actions and behaviour of Councillor Larry Baldock. The complaint was independently investigated. The Council decided that it would hear the complaint. The Council will hear from Councillor Baldock and then decide whether to concur or disagree with the findings of the independent investigator and decide whether a breach has occurred and determine what further action, if any, will be taken.

Background

3. The Council considered a report on 6 October 2020 and decided to consider the complaint itself rather than refer the complaint to the Code of Conduct Committee.

4. Members with an interest in the proceedings may not take part in these proceedings including the decision-making and voting. This relates to Councillor Andrew Hollis (the complainant) and Councillor Larry Baldock (the respondent).

5. The Code presumes that the complaint made under the Code will be dealt with in the public arena unless there are grounds for not doing so under the Local Government Official Information and Meetings Act 1987 (LGOIMA).

6. The Chief Executive received a complaint from Councillor Andrew Hollis on 22 August 2020 concerning the alleged actions and behaviours of Councillor Larry Baldock.

7. The Chief Executive engaged Campbell Gourlay of Three60 Consult to investigate the complaint in accordance with the Tauranga City Council Elected Members’ Code of Conduct (“the Code”) available on the Council’s website and Attachment B to Mr Gourlay’s report.

8. A preliminary assessment from Campbell Gourlay was undertaken to establish if the complaint should be investigated. The Chief Executive received the preliminary assessment on 31 August 2020 that stated the complaint was considered to be material and should be investigated further.

9. Mr Gourlay then undertook a full investigation and provided a report on 25 September 2020 to the Chief Executive – refer to Attachment 1 along with seven attachments A-G (refer to Attachment 2).

Strategic / Statutory Context

10. Clause 15 of Schedule 7 of the Local Government Act 2002 states that a council must adopt a code of conduct for members and that an elected member must comply with the code of conduct.

considering the investigator’s report

11. Section 14.1 of the Code sets out the principles that will guide any processes for investigating and determining whether or not a breach under the Code has occurred and this includes giving the member against whom the complaint has been made (in this case Councillor Baldock ) an opportunity to be heard.

12. Section 15.1 of the Code sets out the form of penalty that might be applied and this will depend on the nature of the breach, if one is found to have occurred, and may include the following actions:

1. A letter of censure to the member;

2. A request (made either privately or publicly) for an apology;

3. Removal of certain Council-funded privileges (such as attendance at conferences);

4. Removal of responsibilities, such as committee chair, deputy committee chair or portfolio holder;

5. Restricted entry to Council offices, such as no access to staff areas (where restrictions may not previously have existed);

6. Limitation on any dealings with Council staff other than the Chief Executive or identified senior manager;

7. A vote of no confidence in the member;

8. Suspension from committees or other bodies to which the member has been appointed; or

9. Invitation to the member to consider resigning from the Council.

13. The Council may decide that instead of a penalty, one or more of the following may be required:

· Attend a relevant training course; and/or

· Work with a mentor for a period of time; and/or

· Participate in voluntary mediation (if the complaint involves a conflict between two members); and/or

· Tender an apology

Options Analysis

Option 1 – Find a breach of the Code did occur

14. The Council has the option of concurring with the findings of the independent investigator as follows:

(a) The comments identified by Councillor Hollis in the Facebook post by Councillor Baldock and supplied as the initial basis for his complaint do not constitute a breach of the Code of Conduct and the complaint related to the Facebook post is not substantiated; and

(b) At the point where Councillor Baldock chose to name Councillor Hollis in the Bay of Plenty Times article on 5 August 2020 in relation to the alleged, rather than proven behaviours, a breach of the Code of Conduct has occurred, and the complaint is substantiated; and

(c) The seriousness of the breach is at the lower end of the scale given that any real or perceived disrespect or impact on the status of Councillor Hollis’s integrity would be offset and neutralised in regards to any potential adverse effects by the publicised animosity that exists between the two councillors, and current disharmony reported amongst the wider group of elected members of council; and

(d) While finding that the complaint is substantiated, it is not intended in any way to diminish the view or position held by Councillor Baldock regarding the anomaly he has raised, or his ability to do so.

15. The Council may then decide whether or not to impose a penalty, as set out in the Code.

Option 2 – Find a breach of the Code did not occur

16. The Council has the option of disagreeing with the findings of the independent investigator that the subject of this complaint did not constitute a breach of the Code of Conduct at any point.

17. If no breach of the Code has been found, no further action will be taken.

Financial Considerations

18. The cost of the independent investigation will be met within current budgets.

Legal Implications / Risks

19. A breach of the Code does not constitute an offence under the Local Government Act 2002.

Consultation / Engagement

20. There is no requirement to consult or engage the community about a complaint made under the Code of Conduct.

Significance

21. Considering a complaint made under the Code of Conduct is not considered to be significant in terms of the Council’s Significance and Engagement Policy.

Next Steps

22. No further steps are required once the Council has decided on this complaint.

Attachments

1. Campbell Gourlay Three 60 Investigator's Report Complaint Cr Hollis against Cr Baldock - A11898445 ⇩

2. Campbell Goulay Three 60 Investigator's Report Complaint Cr Hollis against Cr Baldock - Appendices A-G - A11901146 ⇩

[1] Tauranga City Council, Western Bay of Plenty District Council, Bay of Plenty Regional Council, Tangata Whenua, Waka Kotahi New Zealand Transport Agency, Port of Tauranga, KiwiRail, Priority One

[2] Indicative annual operating cost (Medium Scenario 2028). Existing OPEX approx. $19M

[3] Also defined in detail within the Te Papa IBC.


AGENDA Ordinary Council Meeting Wednesday, 28 October 2020
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Wednesday, 28 October 2020
Time:	9.30am
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

Chairperson	Mayor Tenby Powell
Deputy chairperson	Cr Tina Salisbury
Members	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.

· 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.

· Oversee the work of all committees and subcommittees.

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