AGENDA

 

Extraordinary Council Meeting

Friday, 20 November 2020

I hereby give notice that an Extraordinary Meeting of Council will be held on:

Date:

Friday, 20 November 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

 


Terms of reference – Council

 

 

Membership

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.

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).

 

 


Extraordinary Council Meeting Agenda

20 November 2020

 

Order of Business

1          Apologies. 7

2          Public Forum.. 8

2.1            Ms Colleen Spiro. 8

2.2            Mr Buddy Mikaere. 8

3          Acceptance of Late Items. 9

4          Confidential Business to be Transferred into the Open. 9

5          Change to the Order of Business. 9

6          Declaration of Conflicts of Interest 9

7          Business. 10

7.1            Notice of Motion - Councillors Morris and Kiddie - Referenda and meeting requisition. 10

7.2            Information to accompany the Notice of Motion on Council initiated polls. 21

7.3            Review and Observer Team Report 25

8          Discussion of Late Items. 56

 

 


Extraordinary Council Meeting Agenda

20 November 2020

 

1            Apologies

 

2            Public Forum

2.1         Ms Colleen Spiro

2.2         Mr Buddy Mikaere

 

3            Acceptance of Late Items

 

4            Confidential Business to be Transferred into the Open

 

5            Change to the Order of Business

 

6            Declaration of Conflicts of Interest


Extraordinary Council Meeting Agenda

20 November 2020

 

7            Business

7.1         Notice of Motion - Councillors Morris and Kiddie - Referenda and meeting requisition

 

Attachments

1.       Notice of Motion 12 November 2020 - Councillors Morris and Kiddie - Referenda - A11990431  


Extraordinary Council Meeting Agenda

20 November 2020

 


 


 

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Extraordinary Council Meeting Agenda

20 November 2020

 

7.2         Information to accompany the Notice of Motion on Council initiated polls

File Number:           A12034329

Author:                    Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Maori Engagement

Authoriser:             Susan Jamieson, General Manager: People & Engagement

 

Purpose of the Report

1.       This report accompanies the Notice of Motion for Council initiated polls on establishing a Māori ward and STV electoral system.

Recommendations

That the Council:

(a)     Receives the report “Information to accompany the Notice of Motion on Council initiated polls”.

 

 

Executive Summary

2.       The Chief Executive received a Notice of Motion on 12 November 2020 from Councillors Steve Morris and Dawn Kiddie to hold Council initiated polls on whether to establish a Māori Ward and continue with the Single Transferable Voting System (STV) for the 2022 local government elections.

Background

3.       The Council resolved on 25 August 2020 to establish a Māori Ward for Tauranga City Council (TCC) for the 2022 local government elections.  The Council gave public notice of this decision that included information that a public poll can be demanded to countermand the Council resolution.

4.       If a valid demand in writing signed by 5% of electors (a minimum of 4,742 signatures) is received by 22 February 2021 then the Council must hold a poll.  The poll must be held not later than 89 days after the notification and the results of the poll are binding and take effect for the next two elections i.e. 2022 and 2025.  If the poll fails to establish a Māori ward this decision will not be considered for another six years as set out in the Local Electoral Act 2001 (LEA).

5.       A public initiated petition to hold a poll to countermand the Council decision on establishing a Māori ward is being circulated in the community and the organisers of this petition have recently featured in and advertised in the SunLive  newspaper.

6.       Council can also decide to hold its own poll.  The Notice of Motion has been instigated to initiate a poll concurrently with the Otumoetai-Pyes Pa ward by-election. 

7.       The options analysis meets the decision-making requirements of the Local Government Act 2020 and provides another option for the Council to consider.

8.       There are three councils in New Zealand with Māori representation.  All polls held, except one for the Wairoa District Council, have not resulted in the establishment of a Māori ward.

9.       The Council resolved on 25 August 2020 to give public notice of the right to demand a poll on the electoral system to be used for the election in 2022. 

10.     The Council decided to change its electoral system from first past the post (FPP) to single transferable vote (STV) for the 2019 election and it was understood that this decision would be binding for two electoral cycles. A recent change to the interpretation of legislation relating to STV electoral system decisions means that the decision is no longer considered binding for six years, and the Council is required to give public notice of a right to demand a poll to change the electoral system by 19 September 2020; which it did.

11.     The  recent  interpretation of the LEA has thrown up a technical legal requirement that was not anticipated and could be argued is not in the spirit of the legislation. The legislation will most likely be amended as it is in effect a drafting error.

12.     There is currently no known public initiated poll for countermanding the Council decision to use STV as the electoral system. 

13.     There is standard wording for Council initiated polls, and it is recommended that this wording be followed.  The Notice of  Motion provides for the Chief Executive to finalise wording of the questions and he would seek advice from the Electoral Officer on the wording.

proposed Legislative change

14.     The Minister of Local Government, Nanaia Mahuta, has recently announced that one of her priorities will be to remove the polling requirement in the Local Electoral Act 2001 (LEA) to countermand a council decision to establish a Māori ward.  This is a clear signal that the legislation will be changed soon.  It is unclear when the changes will take effect and how this will impact on TCC’s current process.

Strategic / Statutory Context

15.     The process for establishing Māori representation for territorial authorities is set out in the LEA, in particular Schedule 1A and sections 19Z-19ZH.   Section 4(1)(a) of the LEA requires in its principles that there is fair and effective representation for individuals and communities.

16.     Section 14(1)(d) of the  Local Government Act 2002 (LGA) specifically requires a local authority to provide opportunities for Māori to contribute to its decision-making processes.

17.     Section 81(1)(a) and (b) of the LGA requires that a local authority must (a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and (b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority.

Options Analysis for a council initiated poll for a Māori ward and STV

Option 1 – Council initiated poll concurrent with Otumoetai-Pyes Pa Ward by-election

18.     This option would approve the Notice of Motion as proposed that would see the Council hold a citywide poll at the same time as the Otumoetai-Pyes Pa ward by-election.

19.     The Council must resolve this at the Council meeting on 20 November 2020 to enable the Chief Executive to provide notice to the Electoral Officer to begin the process in time.

20.     This option would remove the need for the public to initiate a poll to countermand the decision to establish a Māori ward by 22 February 2021.

21.     This option is not supported by Tangata Whenua who value the establishment of a separate Māori ward to improve opportunities for Māori to contribute to local government decision making processes as outlined in sections 4 and 14 of the LGA and the mandate to represent the Māori electors. While a valid public initiated petition would require the Council to hold a poll on a Māori ward, the Council decision to do so prematurely would be seen to be detrimental to iwi and council relationships as it can be viewed as effectively overturning the original council decision. 

22.     This option would see expenditure of $258,000. The cost savings of holding the poll on Māori wards and the electoral system in conjunction with the Otumoetai-Pyes Pa ward by-election would save approximately $58,000. Further details of financial considerations are set out below.

23.     The Council could resolve to hold one Council initiated poll in conjunction with the by-election,  either  a poll on a Māori ward  or  a poll on STV as an electoral system, at a cost of  $238,000.

Option 2 –Poll held at a later date

24.     The Council could choose to wait until 22 February 2020 to know whether it has received a valid public demand for a poll to countermand the Council decision to establish a Māori ward. If a valid petition for a poll is not received by mid-February 2021 the Council still has the option of initiating its own poll at that time.

25.     There is no guarantee that a valid petition for a public initiated poll will be received by 22 February 2021; however, there is a history of successful petitions at other councils who have resolved to establish a Māori ward. Once a valid petition is received the Council must hold a poll on a Māori ward.

26.     This option would cost the ratepayers approximately $52,000 more than Option 1, but has potential to save up to $158,000 if no valid poll is received by 22 February 2021.

Financial Considerations

27.     Warwick Lampp, Council’s Electoral Officer, provided a proposal on 17 November 2020 which set out the following costs.  These figures do not include advertising. These costs would be an unbudgeted expense against the election budget. 

28.     The cost of holding the by-election for Otumoetai-Pyes Pa ward on its own without any polls is just under $100,000.

29.     The estimated cost for a non-Council initiated standalone poll on Māori representation only is $216,000, which includes approximately $5,000 for validating petition signatures.

30.     This gives a total of $316,000 for two distinct projects if they were not held together.

31.     The cost of holding two polls concurrently with the by-election would be $258,000, which would be a saving of approximately $58,000 depending on the final number of candidates for the by-election.

Legal Implications / Risks

32.     There are reputational risks to Council from initiating its own poll on Māori wards which can impact negatively on iwi relationships and the Council can be seen to be incurring unnecessary costs.

Consultation / Engagement

33.     The Council is not required to undertake community engagement or consultation on the decision to establish a Māori ward or the electoral system. 

Significance

34.     This report is considered to be of medium significance in terms of the Council’s Significance and Engagement Policy; however the issue of Māori representation is of high public interest.

Next Steps

35.     Publicly notify Council’s decision.

Attachments

Nil


Extraordinary Council Meeting Agenda

20 November 2020

 

7.3         Review and Observer Team Report

File Number:           A12042095

Author:                    Marty Grenfell, Chief Executive

Authoriser:             Marty Grenfell, Chief Executive

 

Purpose of the Report

1.       The purpose of this report is to present the Review and Observer Team’s Report for the Council’s consideration after the matter was left to lie on the table at the Council meeting on 17 November 2020.

Recommendations

That the Council:

(a)     Receives the Review and Observer Team’s Report; and

(b)     Approves the following actions which could contribute to changes in behaviour and performance:

(i)      Governance training for the elected members – we would recommend the full Institute of Directors residential course for directors and that, in order to get the most from the interaction with other directors, councillors do not attend the course together.

(ii)     A revised protocol for elected members asking for information – designed to channel reasonable questions and requests for information out of the LGOIMA framework and to be aligned with making decisions.

(iii)     Establishing a more effective and better resourced Office of the Mayor, designed to assist in exercising the leadership role of the mayor and effective engagement with elected members.

(iv)    A shift away from long briefing sessions toward greater reliance on pre-circulated written material and a deliberate effort from staff to identify and focus debate on the key strategic issues of council.  This would be designed to help to lift the focus of the council out of the operational details and onto the key strategic issues that only it can address and resolve.

(v)     Streamlining the meeting schedule to provide more time for reading and preparation and place far less reliance on lengthy verbal briefings.

(c)     That the Council request the Minister of Local Government to assist the Council to address the behaviour issues and underlying growth management problems that it is facing by appointing a Crown Manager and Observer to:

(i)      Assist the Council to address the underlying growth and development issues and pressures facing the city through the development and adoption of its Long-term Plan 2021-31, including the preparation of the draft plan, consultation and community engagement on the draft plan, the significant issues facing the city, the hearing and determination of submissions, and the adoption of the Plan and the setting of rates in accordance with the plan for the 2021-22 financial year.

(ii)     Act as an observer to assist the council to address its behaviour and performance issues and restore trust so that the community and the council can have confidence that it will function effectively after the term of the Crown Manager has ended.

(d)     Convey this report to the Minister of Local Government and the Department of Internal Affairs.

Background

2.       The Council considered the Review and Observer Team’s Report at its meeting on 17 November 2020 and resolved that the report lie on the table.

3.       I have determined that the report will be considered at this Council meeting.

4.       The elected members at the meeting on 17 November 2020 advised that they had some changes and corrections they wished to provide to the Review and Observer Team.  This opportunity will be provided to the elected members; however, this does not prevent the Council from considering the report at this meeting.

 

Strategic / Statutory Context

5.       Part 10 of the Local Government Act 2002 contains relevant provisions to possible Crown intervention in the affairs and governance of Council.   This was set out in some detail in the report to the Council on 21 August 2020 and is not replicated here.

Review and Observer team options and recommendations

6.       The Review and Observer Team presented their report with options and recommendations at the  17 November 2020 Council meeting. 

7.       The Council needs to consider and decide on those options and recommendations.

Financial Considerations

8.       Unbudgeted expenditure of $350,000 for costs associated with the Council Appointed Review and Observer Team was approved on 2 September 2020 with actual costs reported to Council on a quarterly basis.

Legal Implications / Risks

9.       Refer also to Part 10 of the Local Government Act 2020 for legislative implications and risks related to possible Crown intervention in the affairs and governance of Council.

Consultation / Engagement

10.     It is considered that community engagement on this matter and associated options is not appropriate.

Significance

11.     It is assessed that this matter is of medium significance in accordance with the Council’s Significance and Engagement Policy. 

Click here to view the TCC Significance and Engagement Policy

Next Steps

12.     To be determined following the Council’s decisions on the options and recommendations of the Review and Observer Team.

 

Attachments

1.       Review and Observer Team Report 16 November 2020 - A12040948   


Extraordinary Council Meeting Agenda

20 November 2020

 


 

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Extraordinary Council Meeting Agenda

20 November 2020

 

8            Discussion of Late Items