AGENDA

 

Ordinary Council Meeting

Thursday, 10 December 2020

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

Date:

Thursday, 10 December 2020

Time:

1pm

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

Deputy Mayor Tina Salisbury

Deputy chairperson

 

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).

 

 


Ordinary Council Meeting Agenda

10 December 2020

 

Order of Business

1          Apologies. 7

2          Public Forum.. 7

3          Acceptance of Late Items. 7

4          Confidential Business to be Transferred into the Open. 7

5          Change to the Order of Business. 7

6          Confirmation of Minutes. 8

6.1            Minutes of the Council Meeting held on 11 August 2020. 8

6.2            Minutes of the Extraordinary Council Meeting held on 8 September 2020. 22

6.3            Minutes of the Council Meeting held on 28 October 2020. 30

6.4            Minutes of the Council Meeting held on 17 November 2020. 46

7          Declaration of Conflicts of Interest 63

8          Deputations, Presentations, Petitions. 63

Nil

9          Recommendations from Other Committees. 63

Nil

10       Business. 64

10.1          Traffic and Parking Bylaw 2012 Amendments. 64

10.2          Historic Village Strategy Review.. 72

10.3          CCO Letters of Expectation for 2021-2022. 121

10.4          Remuneration of CCO Trustees and Directors. 134

10.5          Mayoral by-election and order of candidate names. 139

10.6          Appointment of Tangata Whenua Representative to Policy Committee. 142

11       Discussion of Late Items. 144

12       Public Excluded Session. 145

12.1          Public Excluded Minutes of the Council Meeting held on 11 August 2020. 145

12.2          Public Excluded Minutes of the Extraordinary Council Meeting held on 8 September 2020. 145

12.3          Public Excluded Minutes of the Council Meeting held on 28 October 2020. 145

12.4          Public Excluded Minutes of the Council Meeting held on 17 November 2020. 146

12.5          Historic Landfill Acquisition. 146

 

 


1            Apologies

 

 

 

2            Public Forum  

 

 

 

3            Acceptance of Late Items

 

 

 

4            Confidential Business to be Transferred into the Open

 

 

 

5            Change to the Order of Business


Ordinary Council Meeting Agenda

10 December 2020

 

6            Confirmation of Minutes

6.1         Minutes of the Council Meeting held on 11 August 2020

File Number:           A12088476

Author:                    Robyn Garrett, Team Leader: Committee Support

Authoriser:             Robyn Garrett, Team Leader: Committee Support

 

Recommendations

That the Minutes of the Council Meeting held on 11 August 2020 be confirmed as a true and correct record.

 

 

 

Attachments

1.       Minutes of the Council Meeting held on 11 August 2020 

  


UNCONFIRMEDOrdinary Council Meeting Minutes

11 August 2020

 

 

MINUTES

Ordinary Council Meeting

Tuesday, 11 August 2020

 


Order of Business

1          Apologies. 3

2          Public Forum.. 3

2.1            Emma Jones, Clear the Air, and Joel Ngātuere, Whareroa Marae Collective – Air Pollution and Whareroa Marae. 3

3          Acceptance of Late Items. 4

4          Confidential Business to be Transferred into the Open. 4

5          Change to the Order of Business. 4

6          Confirmation of Minutes. 5

Nil

7          Declaration of Conflicts of Interest 5

8          Deputations, Presentations, Petitions. 5

Nil

9          Recommendations from Other Committees. 5

9.1            Recommendation from other committees - Projects Services and Operations Committee - 4 August 2020 – Item 9.3 - Ngatai Road Bylaw Amendment 5

10       Business. 5

10.1          Whareroa Marae - Industrial Issues. 5

10.2          Long-term Plan Workstreams. 8

10.3          Local Government New Zealand Remits 2020 and rule change. 9

10.4       Economic Stimulus Investment ………………………………………………………….11

11       Discussion of Late Items. 12

12       Public Excluded Session. 12

12.1          Sale of 297-311A Lakes Boulevard and 1-6 Aneta Way, The Lakes. 12

12.2          Economic Stimulus Investment (Attachments Only) 13

 

 

MINUTES OF Tauranga City Council

Ordinary Council Meeting

HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga

ON Tuesday, 11 August 2020 AT 2pm

 

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

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), Nick Swallow (Manager: Legal & Commercial), Jeremy Boase (Manager: Strategy & Corporate Planning), Andy Mead (Manager: City & Infrastructure Planning), Brendan Bisley (Director of Transport), Alistair Talbot ( Team Leader: Transport Strategy & Planning), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor)

 

1            Apologies

Apologies

Resolution  CO20/20/1

Moved:       Cr Larry Baldock

Seconded:  Cr Kelvin Clout

That the apologies received for lateness from Deputy Mayor Salisbury and absence from Cr Kiddie be accepted.

Carried

 

 

2            Public Forum

2.1         Emma Jones, Clear the Air, and Joel Ngātuere, Whareroa Marae Collective – Air Pollution and Whareroa Marae

A copy of the presentation for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this meeting.

 

Key Points

·                The first image in the presentation represented the destruction in Beirut following the explosion and captured the concerns of residents that there was a potential for a Beirut situation in the Mount industrial area, and they wanted to ensure that this did not happen here.

·                The Mount and Whareroa Marae cannot be separated.

·                Residential areas were located close to the industrial area with its major hazardous sites and pollution problem.

·                Reiterated how important it was that the Tauranga City Council (TCC) take the reins and take care of this area; as it was an urgent problem.

·                The people of Whareroa Marae felt responsibility for the health and welfare of everyone in the Mount, not just at Whareroa Marae. 

·                The elderly (kaumatua) and children (tamariki) were very vulnerable. 

·                Noted hazardous sites and chemical discharges in near proximity to Whareroa Marae; and pointed out the cumulative harm on the human body.

·                Whareroa Marae was in an exposed site and vulnerable to any incidents with only one way in and out; a recent incident had highlighted this vulnerability.

·                Implored TCC to investigate readiness to handle a major hazard incident by running some worse case scenarios.

·                Requested TCC enact an urgent plan change to prevent further hazardous activities moving into the area until an audit was conducted on whether current hazards could be coped with.

·                Requested that TCC review all consents granted regarding hazardous/chemical substances.

·                Invited the mayor and councillors to attend the Community Rally against Air Pollution to be held on 13 August 2020 and asked Mayor Tenby Powell to address the rally.

·                Mr Ngātuere advised that there were about 80-90 people at the marae; 80% of those people were aged either under 10 or over 60.  There was also staff at the kohanga reo (roll of 20 and staff of 5) and iwi officers, with approximately 150 people there every day.  He advised they would have a larger community if whanau were not concerned about the impacts on their health.

·                Health issues were real for families ring-fenced by heavy industry.

·                In the opinion of Dr Jim Miller, Medical Officer of Health, it was dangerous for people living at Whareroa Marae as they were subjected to continuous levels of air pollution, which was revealed in the data gathered by the Bay of Plenty Regional Council (BOPRC).

·                There was some denial from industries in the Mount Maunganui industrial area that there was any risk to the health of those living in the area.

 

Staff response to questions

·                Any response to a major incident would be a multi-agency response; staff could report back on analysis of worse case scenarios and the readiness of emergency services to handle a major hazard incident in the Mount industrial area.

·                Air pollution was generally considered a regional council function.

 

The Mayor thanked Ms Jones and Mr Ngātuere for their presentation.

Attachment

1        Presentation - Emma Jones, Clear the Air

 

 

3            Acceptance of Late Items

Nil

 

4            Confidential Business to be Transferred into the Open

Nil

 

5            Change to the Order of Business

Nil

 

6            Confirmation of Minutes

Nil

7            Declaration of Conflicts of Interest

Nil

 

8            Deputations, Presentations, Petitions

Nil

 

9            Recommendations from Other Committees

9.1         Recommendation from other committees - Projects Services and Operations Committee - 4 August 2020 – Item 9.3 - Ngatai Road Bylaw Amendment

Resolution  CO20/20/2

Moved:       Cr Larry Baldock

Seconded:  Cr Tina Salisbury

That the Council:

Adopts the resolutions as set out in Attachment A, that are made under the bylaw: Traffic and Parking Bylaw 2012.

Carried

 

 

10          Business

10.1       Whareroa Marae - Industrial Issues

Staff:          Nick Swallow, Manager: Legal & Commercial

 

External:   Sarah Omundsen, General Manager Regulatory, Bay of Plenty Regional Council   (BOPRC)

 

Key points

·                The report was written to enable an understanding of the legal framework within which each council was working and what steps could be taken to affect change.

·                Noted a joint approach between BOPRC and TCC.

·                Noted the presentation attached to the report, given to the Tauranga Moana Advisory Group (TMAG), which had led to the recommendation for Council to consider today.

·                Noted the recommendation from TMAG; and the discussions between TCC and BOPRC regarding how to give effect to the recommendation for the possibility of managed retreat of heavy industry from the area surrounding Whareroa Marae.

·                Noted the engagement of Paul Beverley, RMA specialist and partner with Buddle Findlay, to advise on the scope of the TMAG recommendation and its possible implementation.

·                Mr Beverley had recommended an initial options and scoping report be commissioned as a first step. This approach has been endorsed by the BOPRC at their recent meeting.

·                Potential to include in the scoping report an analysis of the risks of hazardous substances management in the wider Mount industrial area.

·                The focus of today’s report was on Whareroa Marae.

 

In response to questions

·                The Ministry for the Environment (MfE) had declared a polluted air shed over the Mount industrial area when it was established in 2019.  This had been declared previously in Rotorua and had led to a very strict regulatory regime.

·                In terms of voluntary approaches and conversations with the port and industries, the BOPRC had jurisdiction for air pollution and had been engaging with businesses regarding breaches and effects on air pollution. 

·                Sarah Omundsen, General Manager Regulatory BOPRC, stated that a network meeting with representatives of all industrial sites within the Mount area was held last week to discuss the community concerns and the work that both TCC and BOPRC had underway. BOPRC had asked Priority One to step in and have discussions about industry solutions and possible voluntary measures outside the regulatory framework. 

·                Territorial authorities needed to be aware of the regulatory constraints that they must operate within.

·                There was an opportunity to partner and liaise with central government on this issue, not only in a regulatory, legislative aspect, but with potential for central government to play a facilitative role.

·                Confirmed that the scoping report would cover the four well-beings under the Local Government Act 2002 (LGA).

·                Ms Omundsen advised that the BOPRC had taken action every time there had been a breach or infringement.  She commented that it was important that MfE be at the table as they set the limits on which consent conditions were based; however, this did not take account of the issue at Whareroa Marae where the residents were continually exposed to low levels of pollutants.  MfE was reviewing air quality standards and also engaging the District Health Board (DHB) to help understand where the rules could be made more appropriate for human health.

·                There was a gap within the regulatory framework in terms of effects on health; which meant there was no lever available that could be pulled to enable action to be taken immediately.

·                The possibility of a plan change to prevent more heavy industry being located in the area would be an option to be investigated as part of the scoping report. 

·                Wider Mount Maunganui zoning and interface with heavy industry would be part of the City Plan review process.  While a series of particular areas to be focussed on could be included as part of the City Plan review, it was unclear whether impacts on air quality could be addressed through a City Plan change.  A robust section 32 report would be required to support plan change provisions, and this was not a quick fix process.

·                One possible option would be to consider having multiple different use zones rather than one Mount industrial zone. 

·                The powers of the Chief Medical Officer of Health, to intervene under the Health Act 1956 where risks to health exist, were discussed. This was seen to be a secondary option to the specific rules in force under the air quality standards in the RMA. The scope was broad enough to explore options such as this, however, the options available under the RMA would be the main focus.

·                Ms Omundsen stated that BOPRC was establishing a working party with iwi, community and all relevant stakeholder groups as well as territorial authorities and agencies.  BOPRC would be asking TCC for representatives to sit on that working party.

·                Commitment from TCC to enter into a joint multi-agency process; each report that came back would provide further opportunity to act to address these issues. 

 

Discussion points raised

·                Need to recognise Council responsibilities and duty of care to our residents to reduce harm, improve health and provide for a sustainable future.

·                Need to recognise the economic wellbeing and impacts on employment.

·                Thanked the people of Whareroa Marae for their stoicism and action on behalf of all the people of Tauranga Moana.

Motion 

Moved:       Mayor Tenby Powell

Seconded:  Cr Heidi Hughes

That the Council:

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

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

Amendment

Moved:       Cr John Robson

Seconded:  Cr Larry Baldock

That the Council:

(a)     Receives this report and authorises a high-level investigation of potential pathways to achieve:

i)          Managed retreat of existing heavy and/or hazardous industry in the area surrounding Whareroa Marae.

ii)         Limitation of new future heavy and/or hazardous or high polluting industry in the Mount area.

(b)     That the pathway options to reduce the harmful effects being experienced by the people of Whareroa Marae be presented as immediate, short-term, medium-term and long-term initiatives.

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

 

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Jako Abrie, Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, and John Robson

Against:           Nil

carried 11/0

 

The substantive motion as amended, was then put.

Resolution  CO20/20/3

Moved:       Mayor Tenby Powell

Seconded:  Cr Heidi Hughes

That the Council:

(a)     Receives this report and authorises a high-level investigation of potential pathways to achieve:

i)          Managed retreat of existing heavy and/or hazardous industry in the area surrounding Whareroa Marae.

ii)         Limitation of new future heavy and/or hazardous or high polluting industry in the Mount area.

(b)     That the pathway options to reduce the harmful effects being experienced by the people of          Whareroa Marae be presented as immediate, short-term, medium-term and long-term          initiatives.

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

Carried

 

 

10.2       Long-term Plan Workstreams

Staff:          Christine Jones, Group Manager: Strategy and Growth

 

Key points

·                Provided a brief summary of the key workstreams that the Council and staff had recognised would be included in the LTP 2021-31.  This report sought endorsement for these workstreams.

·                Drew attention to the matter of reviewing the economic development ecosystem that had been considered during the 2020/21 Annual Plan and noted that a review of agencies and organisations was not included in the proposed workstreams. If Council wished this piece of work to be undertaken it should be formally added to the work programme.

 

In response to questions

·                Noted the bulk funding for community organisations to support social wellbeing  (LOS 9).

·                S14 City Centre Plan included a Waterfront Masterplan which would cover inner city wharves; and would also be included as part of the transport strategy, which was a separate workstream.

·                Remedial work was happening on Fisherman’s Wharf.

·                Regional rail facilities would flow from the Regional Land Transport Plan, however, this was not yet far enough advanced to include in these workstreams.

·                Clarification provided on SmartGrowth management of sub-regional projects.

·                Youth involvement would be assessed as part of the community development area and levels of service discussions as part of the LTP process.

·                Recommendations around UFTI was considered adequate to address the economic development area.

 

Discussion points

·                Withdrawal of the economic development amendment during the annual plan hearings was contingent on an opportunity to review the economic development ecosystem at some point during the development of the LTP.

·                While a reduction in carbon dioxide emissions needed to be addressed, a review of economic development was not considered the only option to address sustainability.

·                Substantive review of economic development and investment was undertaken within the last few years and there was no need for a further review at this time.

·                A review of investments may be required in the future but was not considered appropriate at this time.

Motion 

Moved:       Cr Larry Baldock

Seconded:  Cr Jako Abrie

That the Council endorses the attached long-term plan list of workstreams.

Amendment

Moved:       Cr John Robson

Seconded:  Cr Steve Morris

That the Council undertake a review of the Tauranga economic development ecosystem including funding provided to economic development agencies to be included as part of the LTP  2021-31 workstreams.

In Favour:       Crs Andrew Hollis and John Robson

Against:           Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Jako Abrie, Larry Baldock, Kelvin Clout, Bill Grainger, Heidi Hughes, Dawn Kiddie, and Steve Morris

lost 2/9

 

The original motion was then put.

Resolution  CO20/20/4

Moved:       Cr Larry Baldock

Seconded:  Cr Jako Abrie

That the Council endorses the attached long-term plan list of workstreams.

Carried

 

 

At 4.05pm, the meeting adjourned.

 

At 4.05pm, Mayor Tenby Powell left the meeting.

 

 

At 4.15 pm, the meeting resumed.

 

The Deputy Mayor, Tina Salisbury, assumed the Chair when the meeting resumed.

 

 

10.3       Local Government New Zealand Remits 2020 and rule change

Staff           Coral Hair, Manager: Democracy Services

 

Key points

·                Outlined the Local Government New Zealand (LGNZ) voting process and TCC ‘s right to vote; based on population of the district.

·                11 remits to be considered.

 

Discussion points raised

·                Concern was expressed that the Council should not be supporting a change to the local electoral cycle without consultation with the community.

·                Consideration could be given to four-year terms if based on a staged rolling two year election. 

·                Supporting four-year terms would make more sense if local and central government terms were the same.

 

 

The following motion was then considered, noting that item (b) 6 would be taken separately.

 

Resolution  CO20/20/5

Moved:       Cr Jako Abrie

Seconded:  Cr Heidi Hughes

That the Council:

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

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

Remit Number

Name of Remit

Support/

Not Support

1

Public Transport Support

Support

2

Housing Affordability*

Support

3

Returning GST on rates for councils to spend on infrastructure*

Support

4

Natural hazards and climate change adaptation

Support

5

Annual regional balances of transfers

Support

6

Local government electoral cycle be extended from three to four years

Considered separately

7

Water bottling*

Support

8

Quorum when attending local authority meetings

Support

9

Use of macrons by local authorities

Support

10

Rates rebates for low income property owners

Support

11

Local Government’s CO2 Emissions

Support

*TCC supported the remit when it was nominated

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

Carried

 

Item (b) 6 was then considered.

Resolution  CO20/20/6

Moved:       Cr Jako Abrie

Seconded:  Cr Heidi Hughes

That the Council:

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

6

Local government electoral cycle be extended from three to four years

Support

 

In Favour:       Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Heidi Hughes, Dawn Kiddie and Jako Abrie

Against:           Crs Bill Grainger, Andrew Hollis, Steve Morris and John Robson

carried 6/4

Carried

The following motion was then put.

Resolution  CO20/20/7

Moved:       Cr Heidi Hughes

Seconded:  Cr Jako Abrie

That the Council:

(a)     Moves the report ‘Economic Stimulus Package’ into the public part of the meeting following the announcement of the Minister of Urban Development.

(b)     Notes that the attachments to the report remain confidential.

Carried

 

 

At 4.33, Mayor Tenby Powell returned to the meeting and chaired the meeting from this point.

 

10.4   Economic Stimulus Investment

Staff           Andy Mead, Manager: City & Infrastructure Planning

Brendan Bisley, Director of Transport

Alistair Talbot, Team Leader: Transport Strategy & Planning

 

Key points

·                The Minister of  Urban Development Phil Twyford announced on 7 August 2020 that the Government had allocated $45 million to fund delivery of the Cameron Road multi-modal project.

·                This funding was part of the Crown Infrastructure Projects (CIP) Initiative to support New Zealand’s recovery from COVID-19.

·                This amount of funding would deliver stage 1 between the CBD and 17th Ave and it was also proposed that this funding be used for the planning and design of Stage 2 from 17th Ave to Barkes Corner.

·                Council needed to confirm that it wished to enter an agreement with Crown Infrastructure Partners for the funding and delivery of this project and the recommendations included delegating to the Chief Executive the authority to enter into the agreement.

 

In response to questions

·                The funding comes with some strict conditions around delivery timeframes as well as fixing some elements of the scope, to assure the project objectives align with government objectives. The parts of the project that were fixed by central government funding criteria included retaining existing traffic lanes (two lanes each way),  installing additional part-time bus lanes during peak times, both sides, and installing a bi-directional cycleway, eastern side.

·                Although some parts of the project scope were fixed, the Council would be seeking input from the community regarding a range of other project elements through the design and development phases, now that the multi-modal component of the project had been confirmed.

·                Staff were still modelling various options based on concept designs.

·                The CIP application process required ‘shovel ready’ projects.  Other transport projects were proposed by TCC; however, this project was the one chosen by the Minister.

 

Discussion points

·                The Government contribution of $45 million was welcomed and appreciated.

·                The project was well aligned with Council’s wider strategies, including the Te Papa Spatial Plan, Urban Form Transport Initiative and Tauranga Transport System Plan that had been endorsed by Council. 

·                Details of the design would be worked through with further community consultation.

Resolution  CO20/20/8

Moved:       Cr Jako Abrie

Seconded:  Cr Heidi Hughes

That the Council:

(a)     Supports Crown funding for the Cameron Road multi-modal project.

(b)     Delegates to the Chief Executive authority to enter an agreement with Crown Infrastructure Partners for Crown funding of the Cameron Road multi-modal project as outlined in this report.

(c)     Delegates to the Chief Executive authority to enter an agreement with NZTA  and the Bay of Plenty Regional Council in respect of a future transition of clearways into bus lanes on Cameron Road as outlined in this report.

(d)     Notes that further stakeholder engagement will follow the Minister’s announcement.

(e)     Agrees that the report and resolutions be moved into public when the Minister has announced funding.  That the attachments remain in confidential.

Carried

 

 

11          Discussion of Late Items

Nil

 

12          Public Excluded Session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  CO20/20/9

Moved:       Deputy Mayor Tina Salisbury

Seconded:  Cr Kelvin Clout

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Sale of 297-311A Lakes Boulevard and 1-6 Aneta Way, The Lakes

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

12.2 - Economic Stimulus Investment (attachments only)

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - 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 5.10pm.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 10 December 2020.

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

10 December 2020

 

6.2         Minutes of the Extraordinary Council Meeting held on 8 September 2020

File Number:           A12088474

Author:                    Robyn Garrett, Team Leader: Committee Support

Authoriser:             Robyn Garrett, Team Leader: Committee Support

 

Recommendations

That the Minutes of the Extraordinary Council Meeting held on 8 September 2020 be confirmed as a true and correct record.

 

 

Attachments

1.       Minutes of the Extraordinary Council Meeting held on 8 September 2020 

  


UNCONFIRMEDExtraordinary Council Meeting Minutes

8 September 2020

 

 

MINUTES

Extraordinary Council Meeting

Tuesday, 8 September 2020

 


Order of Business

1          Apologies. 3

2          Acceptance of Late Items. 3

3          Confidential Business to be Transferred into the Open. 3

4          Change to the Order of Business. 3

5          Declaration of Conflicts of Interest 3

6          Business. 3

6.1            Delegations relating to the Resource Management Act 1991 and COVID-19 Recovery (Fast-track Consenting) Act 2020. 3

6.2            Progressing the Civic Precinct Master Plan. 4

7          Discussion of Late Items. 6

8          Public Excluded Session. 6

8.1            Confidential attachment - Progressing the Civic Precinct Masterplan. 6

8.2            Civic Administration Building - Development Options and Next Steps. 7

8.3            Code of Conduct Committee Appointments. 7

 

 

MINUTES OF Tauranga City Council

Extraordinary Council Meeting

HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga

ON Tuesday, 8 September 2020 AT 11.30am

 

 

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

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), Janine Speedy (Team Leader: City Planning), Daniel Smith (Manager: Environmental Planning), Brigid McDonald (Manager: Strategic Investment & Commercial Facilitation), Scott MacLeod (Group Communication Advisor),  Robyn Garrett (Team Leader: Committee Support) and Raj Naidu (Committee Advisor).

EXTERNAL:           David Lambie, Principal & Director, Twenty Two Independent Property Advisors

 

 

1            Apologies

Nil

2            Acceptance of Late Items

Nil

3            Confidential Business to be Transferred into the Open

Nil

4            Change to the Order of Business

Nil

5            Declaration of Conflicts of Interest

Nil

6            Business

6.1         Delegations relating to the Resource Management Act 1991 and COVID-19 Recovery (Fast-track Consenting) Act 2020

Staff          Janine Speedy, Team Leader: City Planning

Daniel Smith, Manager: Environmental Planning

 

 

Key points

·         National Planning Standards (NPS), approved by central government, set timeframes and mandatory direction for all territorial authorities, who must then amend their plans to be consistent with the NPS.

·         Mainly implemented through the City Plan review process; but delegations were sought for the Chief Executive for the mandatory requirements.

·         COVID-19 Recovery (Fast-track Consenting) Act 2020 provided the opportunity for an application to be made to the Minister for a fast-track pathway. 

·         Outlined the process an application would follow under this alternative pathway.

·         Requested delegation be given to the Chief Executive to nominate a representative of the Council to sit on a fast-track panel.

 

In response to questions

·         Panel members would need to have completed the Ministry for the Environment (MfE) commissioner training and would also be required to have relevant knowledge of the local area.

·         There would be different panels in different parts of the country.

·         If the Council chose not to exercise the opportunity to make an appointment, then the MfE would make the appointment on the Council’s behalf.

·         A briefing on the NPS would come through the City Plan review process.

Resolution  CO24/20/1

Moved:       Cr Larry Baldock

Seconded:  Cr Steve Morris

That the Council:

(a)     Receives the Report – Delegations relating to the Resource Management Act 1991 and COVID-19 Recovery (Fast-track Consenting) Act 2020.

(b)     Amends the Resource Management Act 1991 delegations specified in Attachment 1.

(c)     Makes the COVID-19 Recovery (Fast-track Consenting) Act 2020 delegation specified in Attachment 2.

 

Carried

 

6.2         Progressing the Civic Precinct Master Plan

Staff          Brigid McDonald, Manager: Strategic Investment & Commercial Facilitation  

 

External    David Lambie, Principal & Director, Twenty Two Independent Property Advisors

 

Refer to the powerpoint presentation.

 

Key points

·         Reframed strategy to move the Civic Precinct Master Plan forward.

·         Revised decision making and project framework.

·         Picked up from the work completed by the Heart of the City project team such as business cases developed and spatial planning.

·         Outlined the recommended refreshed decision making and advisory structures and the roles of each entity in the recommended structure.

·         Noted the inclusion of a representative/reference group, that sat outside of Council, for stakeholder feedback and input.

·         New structure intended to make the project more agile with Council able to focus on the strategic level.

 

·         Recommended a Project Advisory Board (PAB) be established to work alongside Council staff to prepare a Master Plan Strategy session with elected members.

·         Once a strategy session with elected members was completed and direction given; then Willis Bond would be  briefed to refresh the Master Plan.

·         Sought endorsement  to progress the Master Plan Strategy.

 

In response to questions

·         The PAB would be recruited from recognised experts in a range of fields.

·         Local community representatives for the reference group would be a different process.

·         The PAB would be informed by the local reference group and implemented by Council staff and direction given by Council.

·         Engagement with iwi, in particular with Ngai Tamarawaho hāpu, around use of the site would help inform priority setting for facilities and use of the land.

·         Identification of aspirations and priorities would inform the process and development of the strategy and consideration of facilities e.g. community input into building design. 

·         The PAB would be able to inform the mayor and councillors on how these aspirations can be effectively brought into the Strategy.

·         Outcomes and key performance indicators can be included in the Strategy.

 

Discussion points raised

·         Community very clear on their desire for a civic centre.

·         Acknowledged the work of the previous Technical Advisory Group.

·         Acknowledged that the Council needed help to move forward and to view the site with fresh eyes and use the opportunity to do something special.

·         Important to understand the issue of ownership.

·         Noted the importance of an incremental process and development.

·         Provided an opportunity to involve the community and build community trust.

·         Refreshed structure would allow experts to provide advice, for local input, and to ensure that Council’s role was one of high level governance.

Resolution  CO24/20/2

Moved:       Cr Larry Baldock

Seconded:  Mayor Tenby Powell

That the Council:

(a)     Receives this report, Progressing the Civic Precinct Master Plan;

(b)     Approves the advisory and decision-making framework and roles set out in this report for the purpose of reviewing, confirming and implementing a master plan for the Civic Precinct, specifically:

(i)      Council’s role being to receive advice from the project team (including recommendations of the Project Advisory Board and feedback from the Reference Group), and make decisions on strategic direction and redevelopment on a case-by-case basis, limited to strategy, cost and timing;

(ii)     A Project Advisory Board who will consider information from the project team, test this against the strategic direction set by Council, apply their expertise, and recommend complying projects for approval;

(iii)     A Reference Group who will inform Council’s project team on matters of local / community perspective and expertise.

(iv)    The disestablishment of the Technical Advisory Group; and

(v)     Approves the steps outlined in this report to progress the master plan for the Civic Precinct.

 

 

(c)     Retain Attachment 3 of this report in the confidential section to maintain legal professional privilege and to enable Council to carry out, without prejudice or disadvantage, commercial activities.

Carried

 

7            Discussion of Late Items

 Nil

8            Public Excluded Session

Resolution  CO24/20/3

Moved:       Cr Tina Salisbury

Seconded:  Cr Kelvin Clout

(a)     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

8.1 - Confidential attachment - Progressing the Civic Precinct Masterplan

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

8.2 - Civic Administration Building - Development Options and Next Steps

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - 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

8.3 - Code of Conduct Committee Appointments

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s48(1)(a) - 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

 

(b)     That Mr David Lambie, Twenty Two, is permitted to remain at this meeting, after the public has been excluded, because of his knowledge of items 8.1 and 8.2. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because it provides knowledge and experience of commercial property development.

 

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Jako Abrie, Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie and Steve Morris

Against:           Nil

Abstained:       Cr John Robson

 

.Carried 10/0

 

  

 

The meeting closed at 1.25pm.

 

The minutes of this meeting were confirmed at the Ordinary meeting of the Tauranga City Council held on 10 December 2020.

 

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

10 December 2020

 

6.3         Minutes of the Council Meeting held on 28 October 2020

File Number:           A12090467

Author:                    Robyn Garrett, Team Leader: Committee Support

Authoriser:             Robyn Garrett, Team Leader: Committee Support

 

Recommendations

That the Minutes of the Council Meeting held on 28 October 2020 be confirmed as a true and correct record.

 

 

 

Attachments

1.       Minutes of the Council Meeting held on 28 October 2020 

  


UNCONFIRMEDOrdinary Council Meeting Minutes

28 October 2020

 

 

MINUTES

Ordinary Council Meeting

Wednesday, 28 October 2020

 


Order of Business

1          Apologies. 3

2          Public Forum.. 3

3          Acceptance of Late Items. 3

4          Confidential Business to be Transferred into the Open. 3

5          Change to the Order of Business. 3

6          Confirmation of Minutes. 4

6.1            Minutes of the Council meeting held on 2 June 2020. 4

6.2            Minutes of the Council Meeting held on 13 October 2020. 4

7          Declaration of Conflicts of Interest 4

8          Deputations, Presentations, Petitions. 4

Nil

9          Recommendations from Other Committees. 4

Nil

10       Business. 4

10.1          Adoption of Tauranga City Council Annual Report 2019-20. 4

10.2          Ngā Poutiriao ō Mauao Annual Information Report 7

10.3          WBoP - Transport System Plan (TSP) Summary and Recommendations. 8

10.4          By-election Otumoetai-Pyes Pa Ward and order of candidate names. 9

10.5          Code of Conduct Complaint 10

11       Discussion of Late Items. 13

12       Public Excluded Session. 14

12.1          Public Excluded Minutes of the Council Meeting held on 2 June 2020. 14

12.2          Harington Street Transport Hub - legal update. 14

12.3          Harington Street Transport Hub - Recommendation to demolish. 14

 

 

MINUTES OF Tauranga City Council

Ordinary Council Meeting

HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga

ON Wednesday, 28 October 2020 AT 9.30am

 

 

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

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), Gareth Wallis (General Manager: Community Services), Kathryn Sharplin (Manager: Finance), Marin Gabric (Senior Financial Accountant), Andy Mead (Manager: City & Infrastructure Planning), Rhea Brooks (Corporate Planner), Kirsten Hauschild (Parks and Reserves Advisor - Mauao), Josh Clark (Natural Environment Advisor - Mauao), Alistair Talbot (Team Leader: Transport Strategy & Planning), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor)

EXTERNAL:           Clarence Susan and Maree Proctor (Audit New Zealand)

Linda Smith and Basil Morrison (Review and Observer Team)

 

 

1            Apologies

Nil

 

2            Public Forum

Nil

 

3            Acceptance of Late Items

Nil

 

4            Confidential Business to be Transferred into the Open

Nil

 

5            Change to the Order of Business

Nil

 

 

 

 

 

6            Confirmation of Minutes

6.1         Minutes of the Council meeting held on 2 June 2020

Resolution  CO27/20/1

Moved:       Mayor Tenby Powell

Seconded:  Deputy Mayor Tina Salisbury

That the minutes of the Council meeting held on 2 June 2020 be confirmed as a true and correct record. 

Carried

 

6.2         Minutes of the Council Meeting held on 13 October 2020

Resolution  CO27/20/2

Moved:       Mayor Tenby Powell

Seconded:  Deputy Mayor Tina Salisbury

That the minutes of the Council meeting held on 13 October 2020 be confirmed as a true and correct record.  

Carried

 

 

7            Declaration of Conflicts of Interest

Nil

 

8            Deputations, Presentations, Petitions

Nil

 

9            Recommendations from Other Committees

Nil

 

10          Business

10.1       Adoption of Tauranga City Council Annual Report 2019-20

Staff           Kathryn Sharplin, Manager: Finance

                   Paul Davidson, General Manager: Corporate Services

 

External     Clarence Susan and Maree Proctor, Audit New Zealand

 

Refer to the tabled document the “Independent Auditor’s Report to the readers of Tauranga City Council’s Annual Report for the year ended 30 June 2020”

 

 

Key points

·                Summarised progress of the Annual Report.

·                Surplus deficit had reduced and there was a small favourable rate surplus.

·                The deficit of $5.1 million was due largely to asset write downs; the Cayman apartments settlement and impact of COVID-19 on revenue streams.

·                Debt was slightly lower at 195% than planned for in the budget with the capital programme delivery impacted by COVID-19.

·                Non-financial performance measures, there were 57% achieved, 33% non-achieved and 10% not assessed.

 

Discussion points raised

·                The Annual Report largely reports on the performance of the previous triennium rather than the current governance body.

 

Recommendations (a) and (b) were then moved and taken in parts.

 

Recommendations (c) to (f) would be moved following Clarence Susan’s presentation on the Audit report of the Annual Report 2019-20.

Resolution  CO27/20/3

Moved:       Mayor Tenby Powell

Seconded:  Deputy Mayor Tina Salisbury

That the Council:

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

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, and John Robson

Against:           Nil

carried 10/0

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

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, and Steve Morris

Against:           Cr John Robson

carried 9/1

Carried

 

Mr Clarence Susan then spoke to the tabled Audit opinion on behalf of Audit New Zealand (Audit NZ).

 

Key points

·                Noted the additional time and effort required for the annual report due to the impact of COVID-19, both by council staff and Audit NZ, and noted that it was challenging to get everything completed.

·                Noted the impact of COVID-19 on the Council Controlled Organisations.

·                Audit NZ had provided an unqualified audit opinion and considered the Annual Report was a fair reflection of Council’s activities and situation.

·                Disclosures around impact of COVID-19, value on investment properties was noted; increased uncertainty due to COVID-19 was well-covered by the notes in the Annual Report.

·                COVID-19 was the biggest impact and significant risk for the Council.

·                Audit NZ had specifically looked at the weather tightness provisions and payments.

 

 

A request for a 10 minute adjournment to allow time for the Mayor and Councillors to read through the tabled Audit Opinion document was made, and agreed to by all.

 

 

At 9.47am, the meeting adjourned.

 

At 9.57am, the meeting resumed.

 

 

Mr Susan then continued to speak to the tabled Audit Opinion.

 

Key Points (continued)

·                Non-financial performance measures had been examined to ensure they were an accurate reflection and commented that those which were not achieved were generally on track.

·                Short term fluctuation in property valuation had not generally been taken into account; the valuation was done straight after lockdown, so this had increased uncertainty around the valuation than most years.

 

Discussion points

·                Considered that in a challenging time, Council had been able to make decisions and move forward with progress being made for the city.

·                Noted significant decisions made through the Annual Plan such as the adjustment of the UAGC, the introduction of the commercial differential, Urban Form and Transport Initiative, and the development of the Transport System Plan.

·                Noted the need for balance and the continuing impact of previous decisions both good and bad; and the importance of Council including the community in the decision-making process.

·                Noted the work of the Homelessness Taskforce.

·                Noted only 57% of non-financial performance measures were achieved and this needed to be addressed during the Long-Term Plan to ensure that measures were realistic.

 

 

Recommendations (c) and (f) were then moved and taken in parts.

Resolution  CO27/20/4

Moved:       Mayor Tenby Powell

Seconded:  Cr Larry Baldock

That the Council:

(c)     Receives the Audit report on the Annual Report 2019-20.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, and John Robson

Against:           Nil

carried 10/0

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

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, and Steve Morris

Against:           Nil

Abstained:       Cr John Robson

carried 9/0

(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.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, and John Robson

Against:           Nil

carried 10/0

(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.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, and John Robson

Against:           Nil

carried 10/0

Carried

Attachment

1        Independent Auditor’s Report to the readers of Tauranga City Council’s Annual Report for the year ended 30 June 2020

 

 

10.2       Ngā Poutiriao ō Mauao Annual Information Report

Staff           Kirsten Hauschild, Parks and Reserves Advisor (Mauao)

Josh Clark, Natural Environment Advisor (Mauao)

Nick Lynch-Watson, Principal Parks and Reserves Advisor

 

Key points

·                The Annual Information Report was adopted by Ngā Poutiriao ō Mauao on 7 October 2020.

·                On behalf of Chairperson Dean Flavell thanked the Mauao Trust, mana whenua, volunteers, staff and everyone that had contributed to the work of Mauao this year.

·                Noted impact of COVID-19 on some projects; outlined the key functions and purposes of the Mauao Implementation Plan.

·                Highlights included the remediation of the base track; initiation of the TrailRider project; placemaking work to provide designs, branding and signage; the korowai project which provided ongoing planting; and the success of the pest control programme.

 

In response to questions

·                Design work for the placemaking interpretation signage was being finalised, and the stories of Mauao were being written and would be completed this financial year.

·                TrailRider was underway with a trial successfully completed.  This would provide enhanced access for the community.

·                Rock climbing was banned on Mauao; this decision was not made lightly and had been respected by the rock-climbing community. 

·                Paragliding and hang-gliding clubs were in contact with Ngā Poutiriao ō Mauao and were in discussions regarding rules and guidelines set for use of Mauao.  Three take-off sites had been identified. 

 

Discussion points raised

·                Noted the real partnership with Tangata Whenua and the enthusiasm and dedication in this work.

·                Noted a defibrillator was now present on Mauao.

·                Noted the excellent relationship with the Mauao Trust and the sense of partnership with Ngā Poutiriao ō Mauao.

·                Staff were thanked for the passion with which they undertook their work.

·                Acknowledged and thanked Dean Flavell as Chairperson.

Resolution  CO27/20/5

Moved:       Cr Kelvin Clout

Seconded:  Cr Steve Morris

That the Council receives the Ngā Poutiriao ō Mauao Annual Information Report covering the 2019/2020 financial year, as attached.

CARRIED

 

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

Staff           Andy Mead, Manager: City & Infrastructure Planning

                   Alistair Talbot, Team Leader: Transport Strategy & Planning

 

Key points

·                The Western Bay of Plenty Transport System Plan (TSP)  was developed through  the Urban Form and Transport Initiative (UFTI).

·                The first stage of the TSP was to develop a Transport System Operating Framework (TSOF) which would guide the development and implementation of transport projects under the UFTI Programme Business Case.

·                The TSOF was endorsed at the recent SmartGrowth meeting.

·                This was a partnership initiative.

·                Outlined the analysis undertaken to develop Stage 1 of the project.  Outputs would be considered through the Long Term Plan (LTP) and Regional Land Transport Plan (RLTP) processes.

·                A costed programme would be developed and submitted to the LTP and RLTP processes for cost allocation and prioritisation.

·                Outlined the 0-3 year priority projects, with some of these projects to be led by other partners or nationally led.

·                First phase also identified areas for supporting urban growth.

·                Noted priority business cases including 15th Ave /Turret Rd and the Hewlett’s Rd sub-area.

·                Outlined the next steps for the programme; subject to Council’s agreement today.

·                Important to focus on the link between transport projects and the development of urban growth planning.

 

In response to questions

·                While some projects had already been identified in the current LTP 2018-28, there were a number of additional projects and the prioritisation process would be worked through the LTP 2021-31.

·                The updated cycle programme would be brought back as part of the LTP process.  Priority focus was two areas - Otumoetai/Bellevue/Brookfield area (Area A); Mount Maunganui/Arataki (Area B).  Other cycle investment in Te Papa was also planned.

·                Where cycleways were not undertaken, the money allocated for this work was reset through annual and long term planning processes, including what had been spent and what would be carried forward or re-budgeted.

·                Noted that $100 million was budgeted for cycleways in the last LTP, with a contribution from NZTA of 75%, which equated to a Council contribution of $25 million over 10 years.

·                In years 0-3, where there was certainty of bus routes, a programme to support installation of bus stops would be undertaken. A longer term combined business case for services and structures would look at the larger and more complex facilities that needed to align with usage.

 

Discussion points raised

·                Now building on previous council decisions to commit to the SmartGrowth journey.

·                SmartGrowth had been a foundation for central government to fund some significant infrastructure development in the city and the sub-region.

·                Noted the need for UFTI and TSP to be fully engaged with the community; with open and transparent engagement.

·                Noted a policy shift to support multi-modal options and use of public transport rather than facilitating the use of private vehicles.

·                Expressed aspiration to see more emphasis in Years 0-5 to encourage cycle use and public transport.

·                Noted this would be a 30-year plan with over 100 infrastructure projects included.

·                Thanked staff for collaborative work undertaken to get to this point.  Noted that implementation would not be easy or cheap.

·                Noted the need for free-flowing transport corridors for either public or private transport to be efficient; and wanted known bottlenecks to be addressed.

·                Provided a blueprint and direction for future investment.

·                Implementation of the TSP was important for employment and economic activity in the sub-region.

·                Noted that iwi would be pivotal in the implementation of the TSP framework and projects.

Resolution  CO27/20/6

Moved:       Mayor Tenby Powell

Seconded:  Cr Larry Baldock

That the Council:

(a)     Receives 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.

(d)     Acknowledges the leadership role taken by the Chief Executive and staff in progressing the Western Bay Transport System Plan.

CARRIED

 

 

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

Staff           Coral Hair, Manager: Democracy Services

 

Key points

·                Cr Abrie’s resignation had resulted in a by-election in the Otumoetai-Pyes Pa ward.

·                Noted the timeframe for the by-election; prescribed by the legislation.

·                Decision required regarding the order of candidates’ names on the voting paper.

 

In response to questions

·         Clarified that the public have until 21 February 2021 to present a valid demand for the Council to hold a poll on whether to establish a Māori ward.

·         Clarified that in order to conduct a poll on the establishment of a Māori ward in conjunction with the by-election, a valid demand from the public would need to be received, or a Council resolution would need to be made, by or before 20 November 2020.

·         Information regarding any costs, potential cost savings, and the timeframes involved of running a Māori ward poll in conjunction with the by-election was requested, and the Chief Executive advised that this information would be provided by the end of the week.

 

Discussion points raised

·                Noted the loss of Cr Abrie to the Council and the community.

·                Noted the time commitment and challenges of being a councillor.

Resolution  CO27/20/7

Moved:       Cr Larry Baldock

Seconded:  Cr John Robson

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 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.

Carried

 

 

At 11.23am, the meeting adjourned.

 

 

At 11.42am, the meeting resumed.

 

 

10.5       Code of Conduct Complaint

Staff           Marty Grenfell, Chief Executive

 

Cr Larry Baldock’s Statement

 

Key Points

·                Considered that the complaint should have been handled by the independent Code of Conduct Committee recently set up by Council for the purpose of hearing complaints to ensure a fair trial consistent with the principles of natural justice.

·                Cr Baldock read a prepared statement.

·                Cr Baldock referred the two basic components of natural justice, a fair opportunity to be heard and that the decision-maker be free from bias or pre-determination.

·                Outlined various statements made that he considered indicated pre-determination by some councillors on this complaint.  Cr Baldock considered that he had a right under natural justice to a “fair trial” with impartial and open minds, and believed that some councillors should excuse themselves from participating in this decision.

·                Complaint could not be separated from the background of dysfunction and strained relationships amongst the councillors, and the move to have him dismissed as Deputy Mayor.

·                Considered that if his leadership as Deputy Mayor was so bad then a Code of Conduct complaint would have been the appropriate response, rather than a coup.

·                Outlined the context in relation to the Local Government Official Information and Meetings Act 1987 (LGOIMA) that had led to this complaint.

·                Outlined his interpretation of the text and messaging LGOIMA releases and his conclusions on the situation regarding Cr Hollis’s involvement around the missing texts.

·                His defence related to the fact that Cr Hollis was the obvious male councillor and the reporter did not need him to identify the councillor but already knew the answer.

·                Cr Hollis had offered no explanation as to the missing texts and continued to incriminate himself with his own statements in the media.

·                Noted that he had raised concerns about the missing texts with the Ombudsman’s Office and the Chief Archivist.

·                Advised that he intended to lodge a Code of Conduct complaint with the Chief Executive to trigger an investigation by these agencies, if deemed appropriate.

·                Reiterated that the process should have been through an independent committee and appropriate investigations undertaken by independent agencies.

·                An option would be to dismiss the complaint entirely and await the full investigation that would commence when he lodged his complaint against Cr Hollis.

 

 

At 12.05pm, Crs Hollis and Baldock withdrew from the meeting.

 

The Mayor invited councillors that considered themselves conflicted as a result of Cr Baldock’s statement to declare a conflict and withdraw.  No conflicts were declared.

 

In response to questions

·                Investigator’s findings distinguished between the scope of this Code of Conduct hearing (and Cr Hollis’s complaint) and any other or further actions or complaints on the wider context of the complaint. 

·                Recommended that this complaint be dealt with today rather than wait or combine with any further complaint.

 

Resolution  CO27/20/8

Moved:       Cr John Robson

Seconded:  Cr Kelvin Clout

That the Council suspends Standing Order 21.5, Members may speak only once, and Standing Order 21.6, Limits on number of speakers for this item of business.

Carried

 

Discussion points raised

·                Elected members were entitled to use processes available to them; limited point in debating motives and underlying emotions. 

·                Focus on the complaint at hand, which had a limited scope.

·                Clarification was sought around Cr Larry Baldock’s written statement and his intent to lay a complaint against Cr Hollis.  Deputy Mayor Salisbury and Cr Hughes both clarified that their names would not  be included in any Code of Conduct complaint laid by Cr Baldock.

·                With regards to a whistle-blower clause, it was important for a councillor to raise a valid ethical concern without feeling attacked.

·                Point of the Code of Conduct was not to limit robust political discourse but to provide guidance and options on steps available to councillors.

·                Pre-determination came with a very high bar, with a councillor able to advocate and campaign on an issue but not be precluded from participating in the debate and decision. The test was whether the councillor could approach the decision with an open mind.

·                Requested that the Code of Conduct be amended in the future so that the complainant and respondent both had the opportunity to speak.  Noted that the Council determined the Code of Conduct policy and what that contained.

·                Should be working together to avoid any Code of Conduct complaints being laid.

·                Considered there were many situations in the preceding months that could have led to apologies being needed and it appeared to be unfair to expect a specific apology from one councillor based on one isolated incident.

·                Concern was expressed about  the lack of conflicts of interest in this matter being considered and declared.

·                Noted that the Council had the option to concur or disagree with the investigator’s finding.

Resolution  CO27/20/9

Moved:       Cr John Robson

Seconded:  Deputy Mayor Tina Salisbury

That the Council reinstate Standing Order 21.5, Members may speak only once, and Standing Order 21.6, Limits.

Carried

At 12.35pm, Cr Kiddie advised that she would remove herself from the discussion and left the meeting.

 

Discussion points raised (continued)

·                Accept what the investigator says; not take any further action and move in a more positive direction.

·                Noted that the breach was at the lower end of the scale.

 

The following motion was then taken in parts.

Resolution  CO27/20/10

Moved:       Cr John Robson

Seconded:  Cr Kelvin Clout

That the Council:

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

In Favour:       Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris and John Robson

Against:           Mayor Tenby Powell

carried 6/1

(b)     Notes the findings of the independent investigation.

In Favour:       Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris and John Robson

Against:           Mayor Tenby Powell

carried 6/1

(c)     Hears from the member against whom the complaint has been made.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

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

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

(e)     Agrees 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.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

(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.

In Favour:       Crs Kelvin Clout, Bill Grainger, Steve Morris and John Robson

Against:           Mayor Tenby Powell, Deputy Mayor Tina Salisbury, and Cr Heidi Hughes

carried 4/3

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

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

(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.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

(f)      That the Council determines that a breach of the Code of Conduct did occur and determines that no further action be taken.

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Heidi Hughes, Steve Morris, and John Robson

Against:           Nil

carried 7/0

Carried

 

 

11          Discussion of Late Items

Nil

 

 

 

 

 

 

 

12          Public Excluded Session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  CO27/20/11

Moved:       Cr Larry Baldock

Seconded:  Cr John Robson

(a)       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 below.

(b)       That the Council permits Nathan Speir and Rosemary Gibson from Rice Spier, Dave Brunsdon and Malcolm Sabourin; and Linda Smith and Basil Morrison from the Review and Observer Team to remain at this meeting, after the public has been excluded, because of their knowledge of items 12.2 and 12.3.  This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because of their legal knowledge and expertise on the Harington Street Transport Hub

Linda Smith and Basil Morrison, members of the Review and Observer Team, were permitted to remain at this meeting, after the public has been excluded, because of their role in observing the Council as set out in their terms of reference.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Public Excluded Minutes of the Council Meeting held on 2 June 2020

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

12.2 - Harington Street Transport Hub - legal update

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Harington Street Transport Hub - Recommendation to demolish

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)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - 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

 

 

At 12.50pm, the meeting adjourned and reconvened in the public excluded session.

 

 

 

The meeting closed at 2.23pm.

 

 

 

 

 

The minutes of this meeting were confirmed at the Ordinary Council meeting held on 10 December 2020.

 

 

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

CHAIRPERSON

 


Ordinary Council Meeting Agenda

10 December 2020

 

6.4         Minutes of the Council Meeting held on 17 November 2020

File Number:           A12067981

Author:                    Jenny Teeuwen, Committee Advisor

Authoriser:             Robyn Garrett, Team Leader: Committee Support

 

Recommendations

That the Minutes of the Council Meeting held on 17 November 2020 be confirmed as a true and correct record.

 

 

 

Attachments

1.       Minutes of the Council Meeting held on 17 November 2020 

  


UNCONFIRMEDOrdinary Council Meeting Minutes

17 November 2020

 

 

MINUTES

Ordinary Council Meeting

Tuesday, 17 November 2020

 


Order Of Business

Presentation – 25 Years’ Service – Ngareta Payn. 3

1          Apologies. 3

2          Public Forum.. 4

2.1            Mr Glen Crowther - Totara Street 4

2.2            Mr Kevin Kerr - Totara Street 4

3          Acceptance of Late Items. 5

4          Confidential Business to be Transferred into the Open. 5

5          Change to the Order of Business. 5

6          Confirmation of Minutes. 5

6.1            Minutes of Council meetings – 14 April 2020, 21 April 2020, 16 June 2020 and 14 July 2020. 5

7          Declaration of Conflicts of Interest 5

8          Deputations, Presentations, Petitions. 5

Nil

9          Recommendations from Other Committees. 5

Nil

10       Business. 6

10.1          Totara Street Business Case and Update. 6

10.2          Traffic and Parking Bylaw Amendment 7

10.8          Meetings schedule 2021. 7

10.4          Approval for Renaming Upper Section of Ohauiti Road. 7

10.7          Delegations relating to the Resource Management Act 1991. 8

10.9          Appointments as a result of Councillor Abrie's resignation. 8

10.11       Review and Observer Team Report 9

10.5          Long Term Plan 2021 - 2031 Update. 12

10.3          Kennedy Road Embankment Dam Scope and Budget Adjustment 12

10.6          Sustainability Board - update. 13

10.10       Leave of absence Mayor Powell 13

11       Discussion of Late Items. 14

12       Public Excluded Session. 14

12.1          Public Excluded Minutes of the Council Meeting held on 21 April 2020. 14

12.2          Public Excluded Minutes of the Council Meeting held on 16 June 2020. 15

12.3          Public Excluded Minutes of the Council Meeting held on 14 July 2020. 15

12.4          Devonport Road Commercial Request 15

 

MINUTES OF Tauranga City Council

Ordinary Council Meeting

HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga

ON Tuesday, 17 November 2020 AT 9.30am

 

 

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

 

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), Brendan Bisley (Director of Transport), Karen Hay (Team Leader: Cycle Plan Implementation), Gareth John (Team Leader: Infrastructure Projects), Coral Hair (Manager: Democracy Services), Nick Swallow (Manager: Legal & Commercial), Carlo Ellis (Manager: Strategic Maori Engagement), Mohan De Mel (Treasurer), Anne Blakeway (Manager: CCO Relationships and Governance), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor).

EXTERNAL:           Review and Observer Team: Peter Winder, Basil Morrison and Linda Tuhiwai Smith.

 

 

PRESENTATION

 

Presentation – 25 Years’ Service – Ngareta Payn

Key Points

·                The Mayor gave a brief overview of Ngareta’s time with Tauranga City Council (TCC) since she joined as a Library Assistant in 1995.

·                Over the years Ngareta had mentored many staff, both within the Libraries team and nationally through Te Rōpū Whakahau, the Māori Library Workers Association.

·                Ngareta was greatly valued by the Libraries team and by everyone at TCC for her expertise, her support, and her kindness.

·                The Mayor thanked Ngareta on behalf of TCC, the community and all her friends and colleagues for her commitment, her leadership, and her outstanding contribution to Tauranga city.

 

 

1            Apologies

Nil

 

2            Public Forum

2.1         Mr Glen Crowther - Totara Street

A copy of Mr Crowther’s presentation for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this council meeting.

Key points

·                Mr Crowther appeared in his new capacity with the Sustainable Bay of Plenty Charitable Trust, but also represented the views of a number of Sustainable Business Network (SBN) members.

·                Totara Street ranked second in the list of priorities in the 2015 Regional Transport System Plan (TSP).

·                Acknowledged TCC staff, stakeholders and businesses who had put in a large amount of work to try and come up with a really good solution for Totara Street.

·                There were four cyclist categories – strong and fearless, enthused and confident, interested but concerned, and no way, no how.

·                Safety was a big concern, even for the ‘enthused and confident’.

·                There were genuinely mixed views over the proposed safety improvements.

·                Requested that regardless of the decisions made at today’s meeting regarding Totara Street, the business case for Totara-Hewletts for 2021-2023 be fast-tracked so that the project would happen much faster than what was currently talked about.

 

The Mayor thanked Mr Crowther for his presentation.

 

Attachment

1        Presentation - Glen Crowther - Totara Street

 

2.2         Mr Kevin Kerr - Totara Street

A copy of Mr Kerr’s presentation for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this council meeting.

Key points

·                In his four years of being a cycle advocate, this was Mr Kerr’s third time in front of council speaking about Totara St.

·                In four years, only one designated shared cycleway had been achieved in Tauranga, in Ngatai Road.

·                Tauranga seemed to be bogged down in paralysis by analysis.

·                Target users were the interested but concerned.  Strong and fearless cyclists tended to cycle regardless of the road and traffic conditions.

·                Totara Street needed to be made safe to entice the target users, remove the barriers and design for all ages and abilities.

·                Bike Tauranga undertook an online survey targeting the cycle community.  400 responses were received with 76% responding that they definitely or probably would use the proposed segregated cycleway on Totara Street.

·                Bike Tauranga’s vision statement was “More people on bikes more often” achieved through making cycling safe and convenient.  Segregated cycleways were not convenient for the confident cyclists and they would continue to ride on the road.  Safety for these cyclists also needed to be enhanced.

 

The Mayor thanked Mr Kerr for his presentation.

 

Attachment

1        Presentation - Kevin Kerr - Totara Street

 

3            Acceptance of Late Items

Nil

 

4            Confidential Business to be Transferred into the Open

Nil

 

5            Change to the Order of Business

The Mayor advised that item 10.11 – Review and Observer Team Report would be taken following item 10.1 – Totara Street Business Case and Update.

 

6            Confirmation of Minutes

6.1         Minutes of Council meetings – 14 April 2020, 21 April 2020, 16 June 2020 and 14 July 2020

Resolution  CO28/20/1

Moved:       Cr Larry Baldock

Seconded:  Cr Andrew Hollis

That the Minutes of the following meetings be confirmed as a true and correct record:

(a)       Extraordinary Council meeting held on 14 April 2020

(b)       Council meeting held on 21 April 2020

(c)       Council meeting held on 16 June 2020

(d)       Council meeting held on 14 July 2020

Carried

 

 

7            Declaration of Conflicts of Interest

Nil

 

8            Deputations, Presentations, Petitions

Nil

 

9            Recommendations from Other Committees

Nil

 

10          Business

10.1       Totara Street Business Case and Update

Staff           Brendan Bisley, Director of Transport

Karen Hay, Team Leader: Cycle Plan Implementation

 

External     Rob Campbell, Bay of Plenty Systems Manager, Waka Kotahi

Vaughan Roberts. Principal Investment Advisor, Waka Kotahi

Simon Fendall, Senior Investment Advisor, Waka Kotahi

Dave Aldridge, Team Leader, Haerenga Tahi (Design Joint Venture)

Michael Jongeneel, Flow Transportation

 

The report was taken as read.

 

Key points

·                Road design was not something that should be done by committee; it should be done by qualified experts.

·                In regards to the press statement, it was clarified that 82% were in support of safety improvements on Totara Street, not the recommendations in the report.

·                The design for the shared path had been undertaken by some of the leading experts in cycle design in New Zealand.

·                Based on experience, unless avid cyclists were out on a training ride where speed was a priority, most cyclists would use a safe pathway if one is available.

 

In response to questions

·                Ways to improve the on-road cycle lane would be considered; however, the on-road space that was currently available for cyclists on Totara Street was well under width at only 1.2 metres so it was important to not actively encourage the less confident cyclists on to the roadway as opposed to using the designated pathway.

·                The upgrade of the major cycle route along Totara Street would identify improvements and upgrading required to secondary links.

Resolution  CO28/20/2

Moved:       Mayor Tenby Powell

Seconded:  Cr Heidi Hughes

That the Council:

(c)       Approves the Totara Street Safety Improvement Business Case and implementation of the project as attached in Appendix C.

(d)       Approves $8.4M for the Totara Street Safety Improvement project between Hewletts Road and Rata Street, noting the contribution by Council being $4.116M.

(e)       Notes that the implementation of the project is subject to Waka Kotahi approval.

 

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock, Kelvin Clout, Bill Grainger, Heidi Hughes and Steve Morris

Against:           Crs Andrew Hollis, Dawn Kiddie and John Robson

carried 7/3

Carried

 

Item 10.11 – Review and Observer Team Report was scheduled to be taken next; however Ms Linda Smith, member of the Review and Observer Team, had been held up at an appointment and was not yet available.  The Mayor advised that this item would be deferred until Ms Smith was available.  The following items were then taken in the order as shown.

 

10.2       Traffic and Parking Bylaw Amendment

Staff           Brendan Bisley, Director of Transport

 

The report was taken as read.

In response to questions

·                Broken yellow lines in residential streets were installed as a result of requests from residents.  

·                Residents could request to have the broken yellow lines removed from outside their properties, however such requests were rare.

Resolution  CO28/20/3

Moved:       Cr Larry Baldock

Seconded:  Cr John Robson

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 18 November 2020.

Carried

 

 

10.8       Meetings schedule 2021

Staff           Coral Hair, Manager: Democracy Services

 

The report was taken as read.

Resolution  CO28/20/4

Moved:       Mayor Tenby Powell

Seconded:  Cr Larry Baldock

That the Council:

(a)     Receives the report “Meetings schedule 2021”.

(b)     Adopts Attachment 1 as the meetings schedule for the period January to December 2021.

Carried

 

 

10.4       Approval for Renaming Upper Section of Ohauiti Road

Staff           Paul Davidson, General Manager: Corporate Services

 

The report was taken as read.

Resolution  CO28/20/5

Moved:       Cr Kelvin Clout

Seconded:  Cr Andrew Hollis

That the Council:

(a)     Approves option 1 to rename the upper section of Ohauiti Road (southwards from the intersection with Boscabel Drive and Adler Drive,) to be Upper Ohauiti Road.

(b)     Notes the following

(i)      In conjunction with the date of this name change, Tauranga City Council will amend the existing property location addresses, for those properties that access onto this section of roadway. 

(ii)     That the timing for the name change shall be dependent on Western Bay of Plenty District Council also approving this change.

(iii)     The agreed date of implementation to reside with CEO’s of both Councils. 

Carried

 

10.7       Delegations relating to the Resource Management Act 1991

Staff           Christine Jones, General Manager: Strategy and Growth

 

The report was taken as read.

Resolution  CO28/20/6

Moved:       Cr Larry Baldock

Seconded:  Cr Tina Salisbury

That the Council:

(a)     Receives the Report – Delegations relating to the Resource Management Act 1991.

(b)     Amends the Resource Management 1991 delegations specified in Attachment 1.

Carried

 

10.9       Appointments as a result of Councillor Abrie's resignation

Staff           Coral Hair, Manager: Democracy Services

 

The report was taken as read.

Resolution  CO28/20/7

Moved:       Cr Kelvin Clout

Seconded:  Cr Heidi Hughes

That the Council:

(a)     Receives the report “Appointments as a result of Councillor Abrie’s resignation”

(b)     Confirms the appointment of Councillor Tina Salisbury as Deputy Chairperson of the Projects, Services and Operations Committee.

(c)     Confirms the appointment of the following councillors to various committees:

Committee

Membership

Tangata Whenua/Tauranga City Council

Councillor Larry Baldock

Regulatory

Councillor Larry Baldock

Wastewater Management Review Committee

Councillor Bill Grainger

Waiāri Kaitiaki Advisory Group

Councillor Larry Baldock

Tauranga Moana Advisory Group

Councillor Heidi Hughes

Carried

At 10.52am, the meeting adjourned.

 

 

At 11.11am, the meeting resumed.

 

 

10.11     Review and Observer Team Report

External     Peter Winder, Chairperson, Review and Observer Team

Basil Morrison, Review and Observer Team

Linda Smith, Review and Observer Team

 

A copy of the Review and Observer Team Report tabled at the meeting can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this council meeting.

 

Key points

·                The Review and Observer Team (the Team) had briefed the Mayor and Councillors on Friday on the substantive matters that were contained in the report.

·                TCC was a significant undertaking, it served New Zealand‘s fifth largest and fastest growing city with an annual operating revenue of $273 million, significant operating expenditure, and a $258 million capital programme every year.  It owned $4.2 billion worth of assets.

·                TCC’s 2019 pre-election report identified a number of significant challenges and risks.  In the view of the Team, whoever had been elected in the current term would have faced a very challenging mix of issues, amongst the most challenging in the country.  The Team also noted that many of the issues identified had their genesis over a number of years where successive councils had failed to address these issues.

·                Other issues identified by the Team included rebuilding trust and confidence, addressing historic under funding and delivery of critical infrastructure, increasing revenue fast enough to support the increase in borrowing required, quickly zone and provide services for land development, provide the necessary support and resources to the Chief Executive, and complete the representation review.

·                The team’s process included observing a number of meetings, meeting individually with all councillors, engaging with a number of external parties, and reviewing a very large amount of background information.

·                Team observations included:

-               there were many effective formal meetings

-               there had been a large intake of new councillors at the last election

-               there was a limited understanding of the governance role

-               the strategic direction was not clear

-               the battle for the mayoralty had never ended

-               poor behaviour, lack of trust and inability of councillors to work together

-               pressure on staff and significant key person risk

-               too many meetings, too much in the detail

-               the impact of the up-coming by-election and Mayor’s leave of absence

·                Possible solutions included:

-               Council  removed and Commissioners appointed

-               the role of the Review and Observer Team continued

-               Council moved on by itself

-               Council requested assistance – appointment of a Crown Manager and Observer

·                The Team strongly recommended that Council requested the Minister of Local Government to appoint a Crown Manager and Observer to assist the council to address the behaviour issues and underlying growth management problems that TCC was facing.

 

 

 

In response to questions

·                A Crown Manager would have the ability to direct council to set rates and adopt a Long Term Plan (LTP).  A Crown Manager had a level of discretion and having the authority to direct council did not mean a Crown Manager needed to exercise that responsibility.  A Crown Manager would have to understand the views of the community and would be required to consult with council before issuing direction.

·                The focus of a Crown Manager in this instance would be on the LTP and not the day to day activities of council.

·                The earliest a Crown Manager and Observer would likely be appointed was some time in the new year.

·                It was expected that the cost of a Crown Manager/Observer would be significantly less than the amount that was budgeted for the Review and Observer Team until the end of the current financial year.

·                The appointment of an Observer without a Crown Manager had not been proposed because there would not be time to go through the process of having an observer come in and then subsequently have the need for an intervention to protect the LTP.

·                The Chief Executive would need to be advised of any further elected member resignations by Friday 20 November 2020 to align with the existing by-election of councillor for the Outumoetai/Pyes Pa ward.

·                The Team apologised for any spelling or grammatical errors in the report but it was intended that this was a final report and not a draft.  Acknowledged there may be a difference of opinion over what was considered  as facts in the report.

·                In all instances in the report, the word “councillors” intended to include the mayor and all elected representatives.

·                The Team did not speak to resident and ratepayers groups.  The Team’s focus on who was spoken to was driven by the nature of the issues that the Team were observing.  The Team worked with the Chief Executive but were actively involved in identifying who they wanted to speak to.

·                The Team spend more time with some councillors than with others as some councillors had requested a second meeting.

·                The Team were very deliberate in not attributing blame or cause in the report and clearly stated that the whole of council needed to take responsibility for the position they were currently in.

·                The Team did not believe that any of the people interviewed declared a conflict of interest in terms of a relationship with the Mayor or a Councillor.

·                The Team did not consider that it was necessary or appropriate to explore all of the allegations that it heard.  The bullet points listed in paragraph 51 of the report reflected what was heard, not what was investigated.

Motion 

Moved:       Mayor Tenby Powell

Seconded:  Cr Tina Salisbury

That the Council:

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

(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.

 

 

A Procedural Motion was then put.

Resolution  CO28/20/8

Moved:       Cr John Robson

Seconded:  Cr Steve Morris

That under Standing Order 25 (2) (d), the business lie on the table and not be further discussed at this meeting.

 

In Favour:       Crs Kelvin Clout, Bill Grainger, Andrew Hollis, Dawn Kiddie, Steve Morris and John Robson

Against:           Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Larry Baldock and Heidi Hughes

carried 6/4

Carried

 

Points of Clarification

·                It was suggested that this item come back to the Council meeting on Friday 20 November.

·                The Chief Executive undertook to consider making corrections and/or changes to the report.  The Chief Executive would consider the parameters for those changes and report these back to the Mayor and Councillors.

 

Attachment

1        Review and Observer Team Report

 

 

Item 10.5 was taken next.

10.5       Long Term Plan 2021 - 2031 Update

Staff           Paul Davidson, General Manager: Corporate Services

Christine Jones, General Manager: Strategy and Growth

 

Key points

·                An overview of the Local Government Act requirements was provided.

·                The latest capital expenditure forecasts and the scenario modelling staff were undertaking was explained.

·                Some high-level rating assumptions had been used and no detailed rating calculations had yet been completed. 

·                Currently, based on forecasted needs of the community and fiscal capacity, Audit NZ qualification was a potential outcome in the current Long Term Plan (LTP).

 

In response to questions

·                The impacts for the whole 10 years, and the reality of rate increases would be presented back to the December LTP council meetings.

·                There would need to be solutions on multiple fronts to address the funding and balance sheet issues.  Any additional funding would help the balance sheet issue.

Resolution  CO28/20/9

Moved:       Mayor Tenby Powell

Seconded:  Cr Larry Baldock

That the Council:

(a)     Receives the report Long Term Plan Update

(b)     Notes the key Long-Term Plan issues and proposed next steps.

Carried

 

 

Item 10.3 was taken next.

10.3       Kennedy Road Embankment Dam Scope and Budget Adjustment

Staff           Nic Johansson, General Manager: Infrastructure

Brendan Bisley, Director of Transport

Gareth John, Team Leader: Infrastructure Projects

 

The report was taken as read.

 

Key points

·                The budget of $6 million was the right value to deliver the project.  The cost of the project had not changed but the budget allocation for this financial year needed to be corrected to enable the project to be delivered by the end of the year.

 

In response to questions

·                Additional bore holes on Kennedy Rd had been undertaken.  The additional geotech looked positive.  Staff were working diligently to solve the issue in the most cost effective way possible.

·                Another dam was to be built downstream of the Kennedy Road embankment dam (Dam Five) and a water quality wetland basin would be built upstream of dam five to help mitigate issues further down in Kopurererua Valley.  Timeframe for the wetlands and dam five was contingent on land purchase.

·                There would be minimal disruption during the upgrades.  The speed limit would be reduced but the road would remain operational during the works.

Resolution  CO28/20/10

Moved:       Cr John Robson

Seconded:  Cr Larry Baldock

That the Council approves a scope and budget adjustment resulting in a spend increase of $3,545,000 this financial year for the Kennedy Road Embankment Dam Project (Job No 380319001).

Carried

 

 

Item 10.6 was taken next.

10.6       Sustainability Board - update

Staff           Christine Jones, General Manager: Strategy and Growth

 

The report was taken as read.

 

In response to questions

·                Cost estimates included $140,000 for the Sustainability Board, $160,000 for consultants to undertake the stocktake and action plan, and $100,000 to assist to fund the community reference group (CRG) and other work.

·                The CRG would be established following the establishment of the Sustainability Board.

·                The stocktake was a normal process in terms of understanding the current state.  It was being canvassed with the likely Chairperson of the Board.

·                An internal reference group had been established which included the GM: Strategy and Growth and the GM: Infrastructure and other senior staff members.

Resolution  CO28/20/11

Moved:       Cr John Robson

Seconded:  Cr Heidi Hughes

That the Council:

(a)     Receives the ‘Sustainability Board – Update’ report;

(b)     Retains Attachment 1 of the report in the public excluded section to protect the privacy of        natural persons, including that of deceased natural persons.

Carried

 

At 12.27pm, the meeting adjourned.

 

At 1.15pm, the meeting resumed.

 

10.10     Leave of absence Mayor Powell

Staff           Coral Hair, Manager: Democracy Services

 

The report was taken as read.

Resolution  CO28/20/12

Moved:       Cr Kelvin Clout

Seconded:  Cr Tina Salisbury

That the Council, in accordance with Standing Order 13.3, and the conditions of the leave as set out in Mayor Powell’s letter dated 5 November 2020, grants a leave of absence to Mayor Powell for the period 20 November 2020 to 2 February 2021.

 

In Favour:       Mayor Tenby Powell, Deputy Mayor Tina Salisbury, Crs Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris and John Robson

Against:           Cr Larry Baldock

carried 9/1

Carried

 

 

11          Discussion of Late Items

Nil

 

12          Public Excluded Session

 

Resolution  CO28/20/13

Moved:       Cr Andrew Hollis

Seconded:  Cr Tina Salisbury

(a)       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:

(b)     Permit Aaron Collier, Craig Batchelar, Peter Cooney, Richard Cashmore, and Neil Craig to remain in this meeting for item 12.4 - Devonport Road Commercial Request, after the public has been excluded, because of their knowledge of this item.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Public Excluded Minutes of the Council Meeting held on 21 April 2020

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(c)(i) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied

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

12.2 - Public Excluded Minutes of the Council Meeting held on 16 June 2020

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Public Excluded Minutes of the Council Meeting held on 14 July 2020

s6(b) - the making available of the information would be likely to endanger the safety of any person

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.4 - Devonport Road Commercial Request

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - 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 1.56pm.

 

 

The minutes of this meeting to be confirmed at the Ordinary Council meeting held on 10 December 2020.

 

 

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

CHAIRPERSON 


Ordinary Council Meeting Agenda

10 December 2020

 

7            Declaration of Conflicts of Interest

 

 

 

8            Deputations, Presentations, Petitions

Nil

 

 

 

9            Recommendations from Other Committees

Nil


Ordinary Council Meeting Agenda

10 December 2020

 

10          Business

10.1       Traffic and Parking Bylaw 2012 Amendments

File Number:           A12050578

Author:                    Will Hyde, Senior Transportation Engineer

Authoriser:             Nic Johansson, General Manager: Infrastructure

 

Purpose of the Report

1.       To obtain approval from Council to introduce amendments to the appropriate Attachments within the Traffic and Parking Bylaw.

2.       This amendment corrects the wording of Attachment 4.1 (Special vehicle Lanes) to specify that the roads listed are Bus Lanes and not Passenger Service Vehicle Lanes.  This will reflect the wording of the associated resolutions, thereby eliminating ambiguity and enabling robust enforcement.

3.       This amendment corrects the wording of Attachment 7.13 (Pay Areas Time Designation) to clarify the definition of the P120 time limit.  The amendment also deletes Table C from Attachment 7.13, which is the former P180 restrictions in the City Centre now replaced with the P120 restriction.  This will remove ambiguity and enable robust enforcement. 

4.       An amendment to the location of an on-street mobility parking space in the Tauranga CBD has been made, for safety reasons.

Recommendations

That the Council:

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

(b)     Adopts the proposed amendments to the Traffic and Parking Bylaw 2012 Attachment as per Appendix B, effective from 11 December 2020.

 

Executive Summary

5.       The Traffic and Parking Bylaw 2012 includes Attachments each of which lists various traffic and parking restrictions.

6.       Council can amend the Attachments by Council Resolution.

7.       This report sets out amendments to the following:

(a)     Attachment 4.1: Special Vehicle Lanes (Bus Lanes)

(b)     Attachment 7.13: Pay Area Time Designation

(c)     Attachment 7.7 Mobility Parking

Background

8.       Council adopted the Traffic and Parking Bylaw 2012 (the ‘Bylaw’) on 23 October 2012 and it came into effect on 1 November 2012. The purpose of the Bylaw is to facilitate traffic management and parking control measures in respect of roads, public places, parking areas and transport stations owned or managed by Council.

9.       Amendments to the Bylaw are presented to Council for approval three to four times annually so that any enforcement of parking restrictions can be carried out as required.

10.     The current wording of Bylaw Attachment 4.1 does not accurately reflect the wording of the resolutions listed within the Attachment.  The wording currently allows all ‘passenger service vehicles’ to use road sections designated as bus lanes. The wording should allow only buses to use these road sections, which would reflect the wording of the resolution previously passed by Council.

11.     The current wording of Bylaw Attachment 7.13 does not accurately reflect the wording of the resolutions listed within the Attachment.  This amendment clarifies that the P120 time limit within the City Centre Zone is ‘per day’, which correctly reflects the wording of the resolution previously passed by Council.

12.     The P180 time limits which formerly applied to the City Centre Zone were not removed from the Bylaw when the P120 restriction was introduced.  This amendment deletes the P180 restriction, which is now redundant.

13.     A hazard has been identified at the marked mobility parking space on Hamilton Street in the Tauranga CBD, with potential conflict with an adjacent vehicle access.  This amendment relocates the mobility space further away from the vehicle access, resulting in the loss of one standard parking space.

Strategic / Statutory Context

14.     The amendments achieve the vision and strategic transport priorities to help make our network safer and easier for people to get around the city.

Options Analysis

15.     Option 1:  Adopt the proposed amendment to the Traffic and Parking Bylaw Attachments, as per Appendix B.

Advantages

Disadvantages

·   Improve enforcement of bus lane and timed parking infringements.

·   Safer use of mobility parking.

·    Nil

Budget – Capex:  Not applicable.

Budget – Opex:  Not applicable.

Key risks – Added enforcement of amendments may affect the wider community.

Recommended? Yes

 

16.     Option 2:  Do not adopt the proposed amendments to the Traffic and Parking Bylaw Attachments, as per Appendix B.

Advantages

Disadvantages

·   Nil

·   Bus lane use remains partially unenforceable as sites not designated in Bylaw.

·   Parking enforcement can be challenged.

·   Mobility parking users in conflict with vehicles exiting adjacdent access.

Budget – Capex:  Not applicable.

Budget – Opex:  Small costs associated with relocating parking space can be absorbed into existing budgets.

Key risks – Traffic infringements cannot be enforced as Amendment wording is incorrect.

17.     Recommended? No

Financial Considerations

18.     Less time will be spent by enforcement staff on disputed infringement notices.

Legal Implications / Risks

19.     The bylaw amendment is needed to allow enforcement of previously resolved items.

Consultation / Engagement

20.     Consultation/engagement was carried out prior to the original resolutions for the bus lane and parking items.  Consultation not required for the minor change to the CBD parking.

Significance

21.     Under the Significance and Engagement Policy 2014, this decision is of low significance as the proposed amendments are minor changes to the attachments of the Traffic and Parking Bylaw 2012.

Attachments

1.       Appendix A - Summary of Amendments to the Traffic and Parking Bylaw 2012 - A12067942

2.       Appendix B - Amendments to the Traffic and Parking Bylaw 2012 - A12070640  

 


Ordinary Council Meeting Agenda

10 December 2020

 

 


Attachment

Associated Clause in the Bylaw

Proposed amendment Location

Details of amendments

Reason

Consultation

Attachment 4.1

Special Vehicle Lanes – Bus Lanes

Clause 6.1

N/A

Amend Clause wording to refer to ‘Bus Lanes’ instead of “Passenger Service Lanes.

Wording in bylaw does not reflect the resolutions previously passed by Council, resulting in difficulties enforcing use of bus lane.

 

Not required.

Attachment 7.7

Mobility Parking

Clauses 12.1 and 12.2(d)

ADD:

Hamilton Street

North side

 

From 27m west of Willow St, 4m westwards.

 

Conflict with vehicle crossing - safety reasons.

 

Not required.

 

 

 

 

DELETE:

Hamilton Street

North side

 

From 35m west of Willow St, 4m westwards.

 

Entry no longer required.

 

Not required.

Attachment 7.13

Pay Areas Time Designation

 

Clauses 12.1

and 13.1

 

 

 

 

 

ADD:

Table A

 

 

Add “per day’.

 

To correct the wording to reflect the time restriction previously resolved by Council.

 

 

Not required.

 

 

 

 

DELETE:

Table C (complete table)

Remove Table C

The restrictions in Table C were superseded by the restrictions in Table A and need to be deleted to avoid confusion.

Not required.

 

 

 

 


Ordinary Council Meeting Agenda

10 December 2020

 

PDF Creator


 

PDF Creator


 


 

 


Ordinary Council Meeting Agenda

10 December 2020

 

10.2       Historic Village Strategy Review

File Number:           A11962405

Author:                    Anne Blakeway, Manager: CCO Relationships and Governance

Cheryl Steiner, Contractor: City and Infrastructure Planning

Authoriser:             Gareth Wallis, General Manager: Community Services

 

Purpose of the Report

1.       To present the draft Historic Village Strategic Plan and introduce a proposal from The Incubator for a Community Arts and Culture Village.

Recommendations

That the Council:

(a)     Receives the Historic Village Strategy Review report.

(b)     Adopts the Historic Village Strategic Plan (Attachment 1) to guide Long-term Plan 2021-2031 projects for The Historic Village and future direction.

(c)     Notes that successful implementation of the Historic Village Strategic Plan is in some part subject to the Long-term Plan 2021-2031 prioritisation process.

(d)     Rescinds the 2012 Historic Village Strategy.

 

Background

2.       Council has reviewed the 2012 Historic Village Strategy in order to: 

·    provide clear direction on the ongoing purpose and role of The Historic Village;

·    provide a decision-making framework to guide day-to-day decisions, proposals and priorities for investment (for the LTP in particular);

·    provide the opportunity to look at what has been achieved, where we are at now and where we want to be in the future; and

·    provide the opportunity for a range of views and interests to influence future plans.

3.       There are a range of proposals from organisations currently using the Village or wanting to use the Village that also require a response. 

4.       The proposal that has the greatest implication in terms of a future direction for The Historic Village is from The Incubator for development of a Community Arts and Culture Village (refer Attachment 2). 

5.       The Incubator is already established at the Village and has provided significant value through increasing arts, culture, entertainment and learning opportunities. The Incubator will present an overview of their proposal at this meeting.  

Community engagement

6.       Community engagement has helped to inform this review. Attachment 3 summarises feedback received through an online survey, and a series of workshops and key stakeholder meetings. 

7.       This identifies that there is considerable value placed on having the Historic Village in our city. Council investment in the Village over the past five years, and the contribution made by organisations such as The Incubator and the Whipped Baker café (and others), has significantly improved the utilisation, profile and perception of the Village.

8.       Most comments support continuing to invest in the village and build on the success of the Village to date.

9.       Council staff are working with mana whenua to identify opportunities for their input into the strategic plan implementation.

10.     The link to this report (and to the community engagement summary) has been provided to all those who participated in the community engagement process (where contact details were made available), and to Village tenants.

Historic Village Strategic Plan

11.     The recommended Historic Village Strategic Plan (the Plan) is included in Attachment 1.

12.     The Plan outlines a way forward largely based on the community engagement outcomes. While it is recognised that there are strong supporters for the development of an arts and culture precinct, and for the development of a working village museum, most comments reflect a high level of value being placed on having a diverse range of experiences at the Village, so the Plan reflects this.

13.     This includes developing a more coordinated approach to the types of activities that occur at the Village, and developing a marketing and promotion approach that reflects the uniqueness of the Village and diversity of experiences on offer.

14.     The Plan specifically identifies the need to continue to support arts and culture activity at the Village. With regard to the Community Arts and Culture Village proposal, Council staff and The Incubator have worked together to come up with a plan to implement a ‘pilot’ approach that delivers aspects of the proposal over the next three years and that aligns with the direction included in the Plan.

15.     This provides the opportunity to:

·    ‘test’ the appetite for arts and culture becoming more of a key component of the Village;

·    use this as a basis to reconsider this proposal through the next LTP in 2024; and

·    prioritise delivery of The Incubator proposal, recognising the impact this has on their operations and on some buildings and other tenants within the Village.

16.     An operational plan is being developed to identify how the Plan will be achieved on the ground. It is important that elected members recognise that there will be implications for some tenants in terms of their current arrangements, including where they operate from and their lease rates. 

17.     The current approach reflects years of decisions made on an ad hoc basis. Adoption of the Plan provides the opportunity to achieve a more level playing field in the future, still recognising different characteristics of commercial and community users groups.

18.     This change will occur over time and will seek to provide a more cohesive and fairer/equitable approach to the Village operations, and one that reflects the future direction of the Village included in the Plan.  

Strategic / Statutory Context

19.     The Historic Village contributes to many of Council’s strategic documents and plans including:

·    Community Outcomes – The Village contributes to all outcomes and the four well-beings.

·    Te Papa Spatial Plan – The Village is a community hub with a variety of activities and services accessible to the local community and provides a destination for others. Recognises importance of green space and connections to the Village. 

·    Toi Moana – The vision is for a vibrant and inclusive region, shared history with tangata whenua acknowledged, creative industries thrive, and a diverse community is valued and enriched by arts and culture experiences. Refers to a network of vibrant arts and culture organisations and facilities that meet diverse needs in every part of the region.

·    Our Community Places Strategy – Recognises Council’s role in the provision of community facilities and venues that connect and support strong communities. The Village does this through providing accommodation for tenants to operate their activities and providing venues for hire in a unique village environment.

·    Community organisations – Council supports community organisations in varying ways, including grants and rent subsidies. Note: a wider discussion is occurring on this through the LTP and a proposed community grant bulk fund. 

·    Vital Update research – Recognises connecting with the community and spending time with others is very important for our social wellbeing, and that local events, music, entertainment, outdoor spaces, services and facilities, and the ability to easily get around are all things that can help to reduce social wellbeing barriers.  

Options Analysis

Option 1: Adopt the Historic Village Strategic Plan (Attachment 1) – RECOMMENDED

20.    Adopt the Historic Village Strategic Plan (Attachment 1) to guide projects for The Historic Village and future direction, noting that implementation of the Historic Village Strategic Plan is subject to the Long-term Plan 2021-2031 prioritisation process. This option would require the 2012 Historic Village Strategy to be rescinded.

Advantages

Disadvantages

·    Informed by recent community engagement feedback.

·    Reflects the multipurpose role of the Village.

·    Provides a basis for LTP project approach and ongoing operational decisions at the Village.

·    Elected members may wish to consider The Incubator proposal in its entirety as a new strategic direction for the Village.

 

Option 2: Do not adopt the Historic Village Strategic Plan (Attachment 1)

21.    Do not adopt the Historic Village Strategic Plan, but instead continue to utilise the 2012 Historic Village Strategy to determine future direction.

Advantages

Disadvantages

·    Provides time for The Incubator proposal to be considered through the LTP as a potential future strategic direction for the Village.

·    This option does not adequately reflect what has been achieved over the last 5-10 years.

·    This option does not adequately reflect the community engagement feedback.

Financial Considerations

22.     The financial implications of the Plan are included in the initial drafting of the 2021-2031 LTP (refer Attachment 4) and are subject to prioritisation through the LTP process.

23.     Note: any additional funding required by The Incubator for their operations will need to be considered through the LTP process.

Legal Implications / Risks

24.     There are no immediate legal implications or risks which may arise for Council as an outcome of this report. 

25.     Any changes to existing tenant/venue agreements would occur over a period of time and in accordance with the current agreement requirements.

Consultation / Engagement

26.     Implementation of the Historic Village Strategic Plan is subject to the Long-term Plan 2021-2031 prioritisation and consultation process.

Significance

27.     The decision is considered to be of moderate significance under Council’s Significance and Engagement Policy

Next Steps

28.     Implement the Historic Village Strategic Plan.

29.     Include the required budgets in the draft LTP 2021-2031 (subject to the LTP prioritisation and decision-making process).

Attachments

1.       Historic Village Strategic Plan - A11977912

2.       The Incubator - Community Arts & Culture Village proposal - A11977890

3.       Historic Village Community Engagement Summary Report - A11977853

4.       Historic Village Draft LTP 2021-2031 Capex Programme - A12058560   


Ordinary Council Meeting Agenda

10 December 2020

 

Historic Village Strategic Plan (draft)

Vision

A unique, inspired and diverse community hub that provides a multitude of experiences catering to a wide range of people, all in one location – The Historic Village:

·    tells the story of the location’s culture and history in interactive and engaging ways. 

·    is vibrant and humming with festivals and events, markets and activities. 

·    is home to community groups that support the arts, culture and social needs of our community.

·    provides a diverse range of venues, hospitality and unique and complementary shopping experiences.

Objectives

A character village

We tell the stories of the buildings and history of the location in a variety of ways that help people learn about our past. Actions include:

·    Identifying various ways to tell the story that are interactive and engaging.

·    Providing information on each building about its origins.

·    Exploring opportunities to integrate historic aspects into events and activities.

·    Promoting the historic attributes of the village.

·    Continuing to invest in building improvements for both venues and tenancy opportunities.

A cultural village

We work in partnership with Ngai Tamarawaho as mana whenua to identify opportunities to integrate cultural history and values into The Historic Village. Actions include:

·    Working together to restore the mana rangatiratanga of Te Papa, through protecting, enhancing, commemorating and celebrating those areas of significance to mana whenua.

·    Reflecting the Te Papa Spatial Plan principles and actions specific to this location.

A unique village

We recognise and celebrate the unique nature of The Historic Village in terms of its character, location and activities that occur there. This place is one of a kind in the city. Actions include:

·    Developing a more coordinated approach to the types of activities that occur at the village to ensure they reflect diversity, uniqueness and quality experiences.   

·    Continuing to support arts and culture activity recognising the significant role this has played in the growth of the village, and in providing arts and creative learning, promotion, activity, events and entertainment.

·    Ensure the village continues to celebrate our local identity and local community.

·    Developing a marketing and promotion approach that reflects the uniqueness of the village and the diversity of experiences on offer.

A community village

We provide a welcoming and inclusive community hub that attracts a wide range of people. Our people, places and spaces bring the community together, provide opportunities to connect, be supported, learn, relax and have fun! Actions include:

·    Continuing to support community organisations to recognise the role they play in providing valuable services to our community. 

·    Enhance connections between tenants and activities so that they can support each other to achieve their objectives and contribute to the village environment.

·    Applying a level of consistency to the user fees and charges approach to reflect the different types of community and commercial activity that operate in the village, and the different characteristics of each user group. 

A vibrant village

We create an environment that supports lots of activity, attracting a wide range of people to the village. Actions include:

·    Exploring the opportunity to provide a wider range of hospitality venues on offer that are complementary and/or respond to market demand.

·    Developing a regular and coordinated programme of events, activities, festivals and markets that attract people to the village, day and night, on week days and weekends.

·    Establish and put into effect activity zones so that the different experiences are located in the most appropriate area to maximise their and the village’s success. Use key objectives for each to determine criteria for appropriate tenancies. 

An accessible village

We aim to ensure the village is accessible to as many people as possible. Actions include:

·    Working with surrounding businesses and TCC transportation team to better manage parking demand and supply.

·    Establishing stronger linkages to the walking and cycling network, especially Kopurererua Valley. 

·    Undertaking an audit to determine required accessibility improvements, and implementation of the outcomes.  Determine if there are specific goals or standards that the village could aspire to.

·    Developing good connections to the multi-model Cameron Road project.

·    Development of electric bike charging stations.

·    Promoting accessibility to the village through a variety of means including an online presence, social media, and appropriate signage at key locations.

·    Implementing and promoting consistent operating hours for specific zones.

 

A sustainable village

We understand the need to embrace sustainability initiatives so that we play our part in protecting and enhancing our natural resources, and demonstrating kaitiakitanga (guardianship) over our environment. Actions include:

·    Undertaking a sustainability audit to determine where improvements can be made, and implementation of the outcomes. Determine if there are specific goals or standards that the village could aspire to.

·    Ensure all activities that occur at the village play their part in achieving these outcomes.

·    Development of a natural playground for children either in a specific area or through a trail of experiences.

·    Establish a grounds gardens and forest committee of interested stakeholders to help guide and collaborate with Village Management.

Performance Measures

Current measures to continue:

·    Occupancy rate of village leasable space (current target 95%, latest result 90%)

·    Occupancy rate of village hireable space (current target 25% and increasing, latest result 20%)

·    Number of annual visitors (current target 175,000 and increasing, latest result 172,000)

New measures (targets to be determined):

·    Specific tenant measures

·    Resident satisfaction

·    Resident awareness

·    Annual user survey

 


Ordinary Council Meeting Agenda

10 December 2020

 

PDF Creator


 

PDF Creator


 


 

PDF Creator


 


 


 


 


 


 


 


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 


 

PDF Creator


 

PDF Creator


 


 

PDF Creator


 

PDF Creator


Ordinary Council Meeting Agenda

10 December 2020

 


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 


 

PDF Creator


Ordinary Council Meeting Agenda

10 December 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Ordinary Council Meeting Agenda

10 December 2020

 

10.3       CCO Letters of Expectation for 2021-2022

File Number:           A11941793

Author:                    Anne Blakeway, Manager: CCO Relationships and Governance

Authoriser:             Gareth Wallis, General Manager: Community Services

 

Purpose of the Report

1.       The purpose of this report is to confirm the Letters of Expectation for 2021-2022 from Tauranga City Council to three of its council-controlled organisations.

Recommendations

That the Council:

(a)     Receives the CCO Letters of Expectation for 2021-2022 report.

(b)     Approves the Letter of Expectation from Tauranga City Council to Bay Venues Limited (Attachment 1).

(c)     Approves the Letter of Expectation from Tauranga City Council to the Tauranga Art Gallery Trust (Attachment 2).

(d)     Approves the Letter of Expectation from Tauranga City Council to Tourism Bay of Plenty (Attachment 3), noting that approval of the Western Bay of Plenty District Council as joint shareholder will be sought at their Council meeting on 17 December 2020.

 

Executive Summary

2.       Letters of Expectation (LOEs) for three of Tauranga City Council’s (TCC) five council-controlled organisations (CCOs), Bay Venues Limited (BVL), Tauranga Art Gallery Trust (TAGT) and Tourism Bay of Plenty (TBOP) are attached for Council’s approval.

3.       These have been developed in consultation with the relevant CCOs. They give guidance to the CCOs on what Council expects to see in their 2021-2024 Statements of Intent (SOIs).

Background

Legislative requirements for CCOs

4.       Part 5 of the Local Government Act 2002 (LGA) sets out the statutory regime for CCOs. The key components are:

·        appointment of directors/trustees;

·        consideration of the draft SOI and providing comment;

·        regularly monitoring CCOs’ performance; and

·        including the CCOs’ objectives and performance in the council’s long-term plan, annual plan and annual report.

5.       Under the LGA legislative framework, Council has minimal opportunity for input into a CCO’s planning for the following year, until the draft SOI has been completed and submitted to Council at which point, Council has two months to respond.

6.       A number of councils take a more proactive approach, working collaboratively with their CCOs and providing them with clear guidance at the early stages of the annual planning process. This helps to ensure that the CCO’s objectives and strategies are aligned with the Council’s and is particularly important when CCOs deliver significant services on its behalf.

7.       Since 2014, TCC has worked with its CCOs to set clear expectations and to develop expectation documents, in particular the over-arching Enduring Statement of Expectations (ESE) and the annual LOE. The LOE outlines key areas of focus for the CCO for the following year, usually linked to strategic priorities for the city.

8.       This process has been focused on those CCOs that TCC has significant control over; BVL, TAGT and TBOP (joint shareholder with Western Bay of Plenty District Council). An Office of the Auditor General Report in 2015 cited this process as an example of best practice when dealing with and managing CCOs.

9.       The key characteristics of the ESE, LOE and SOI are provided in Attachment 4 for reference.

Letters of Expectation for 2021-2022

10.     LOEs for each of the three main CCOs have been developed in consultation with the relevant CCOs (and Western Bay of Plenty District Council with regards to TBOP) and TCC staff. They are provided as attachments to this report.

11.     Given that the city vision and TCC’s own strategic direction is still under development through the City Future Project, the content of this year’s LOEs reflects the recently adopted community outcomes outlined in the draft Long-Term Plan 2021-31, as well as incorporating some of the recommendations of the Pedersen CCO Review (February 2020).

12.     With the McGredy Winder Strategic Review of BVL still in process, it is not appropriate to include specific expectations of BVL in their LOE. However, broader reference has been made to the expectation that we look forward to working with BVL to put in place a fit-for-purpose governance structure as a result of the recommendations coming out of the review.

Strategic / Statutory Context

13.     While not a legislative requirement under the LGA, when combined with the ESEs, the LOE is a key means of Council providing clear guidance to its CCOs.

14.     The LOEs help ensure that the CCO’s objectives and strategies are aligned with Council’s, by providing key areas of focus that Council expects to see reflected in their SOIs.

Financial Considerations

15.     There are no financial considerations.

Legal Implications / Risks

16.     There are no legal implications or risks.

Consultation / Engagement

17.     Community consultation or engagement is not required or appropriate for this matter.

Significance

18.     Under TCC’s Significance and Engagement Policy, this decision is of low significance as it is consistent with adopted policy and established practice. The LOEs are governance documents which affect TCC and its CCOs only (and WBOPDC, with regards to TBOP).

Next Steps

19.     Once adopted, the LOEs will be incorporated into an official letter to each CCO, signed by the Mayor/s and delivered to the Chair of each CCO.

20.     The LOE for Tourism Bay of Plenty will go for approval by the Western Bay of Plenty District Council, as joint shareholder, at their Council meeting on 17 December 2020.

21.     The LOEs are intended to inform the CCOs’ draft SOI documents, which are due to the councils by 1 March 2021. Council must then provide feedback on the draft SOIs to the CCOs by 1 May 2021. The final SOIs must be adopted by the CCO boards and submitted to Council by 30 June 2021.

Attachments

1.       BVL Letter of Expectation 2021/22 - A12081473

2.       TAGT Letter of Expectation 2021/22 - A12081476

3.       TBOP Letter of Expectation 2021/22 - A12081478

4.       Key characteristics of the ESE, LOE and SOI - A7361498   


Ordinary Council Meeting Agenda

10 December 2020

 

   

 

 

11 December 2020

Michael Smith

Chairperson

Bay Venues Limited

PO Box 10250

Mount Maunganui 3152

Via email: michael.smith@hobec.co.nz

 

Dear Michael

Letter of Expectation from Tauranga City Council to Bay Venues Limited for 2021-2022

This letter of expectation is intended to provide strategic direction and key areas of focus to inform the development of Bay Venues Limited’s (BVL) Statement of Intent (SOI) for 2021-2024. This letter has been informed by discussions with councillors and staff, setting out general expectations and key strategic expectations for BVL.

Council’s partnerships with its CCOs help us successfully deliver our community outcomes, which have been recently updated during development of Tauranga City Council’s Long-Term Plan 2021 – 2031. Our new community outcomes are:

·    We value and protect our environment – Tauranga is a city that values our natural environment and outdoor lifestyle, and actively works to protect and enhance it

·    We have a well-planned city – Tauranga is a city that is well planned with a variety of successful and thriving compact centres and resilient infrastructure

·    We can move around our city easily – Tauranga is a well-connected city, easy to move around in and with a range of sustainable transport choices

·    We support business and education – Tauranga is a city that attracts and supports a range of business and education opportunities, creating jobs and a skilled workforce

·    We are inclusive, and value our culture and diversity – Tauranga is a city that recognises and values culture and diversity, and where people of all ages and backgrounds are included, feel safe, connected and healthy.

Principles and City Future Project

We are committed to making a difference to people in our community through what we do as a council, and how we do it. Council has developed five principles that are about how we do things as a council, and we would like to see the CCOs operating consistently with these principles.

·    We deliver value for our communities through prudent financial management, ensuring we plan and provide affordable fit-for-purpose services.

·    Sustainability and resilience underpin our decision making and service delivery, protecting the future of our city.

·    We work in partnership with Tangata Whenua, our communities, sub-regional stakeholders and central government.

·    We manage the balance between social, economic, cultural and environmental wellbeing of our communities.

·    We listen to our communities and make transparent, evidence-based decisions.

Council is also facilitating the City Future Project (previously referred to as the Strategic Framework Project or the City Vision Project). This is a multi-agency project which will develop a strategic framework for Tauranga City that clearly outlines:

·    the issues/challenges and opportunities that the city faces (current and future);

·    a vision of where we want to be, including a set of community outcomes;

·    key actions to achieve the vision with lead agencies identified; and

·    measures for success.

BVL has already been involved in City Future Project workshops and we hope you will continue to contribute to this project and be part of its implementation.

Specific areas of focus

We look forward to working with you over the next few months to put in place a fit-for-purpose governance structure, as a result of the recommendations coming out of the McGredy Winder strategic review of BVL.

Further to the recommendations of the recent Pedersen review of Council’s CCOs, we also look forward to working with you on incorporating the concept of the ’Tauranga City Council Group’ and its common desired community outcomes as an overarching principle of accountability documents, and interactions between the respective organisations. This includes a requirement to use the TCC logo alongside the BVL brand when promoting any activity, service or facility receiving council funding.

We look forward to working together on the development of a CCO template to use when drafting the SOI, as well as a set of common key performance measures.

As per the Pedersen review, we ask that the council and CCOs have common values and expectations of staff and management behaviour that collectively sets the tone for the broader culture of all council organisations and that these be incorporated into the accountability documents. It is also expected that the council and BVL executive teams meet periodically to set the scene for collaboration between the respective organisations. 

 

Statement of Intent

Council expects that the strategic priorities contained in this Letter of Expectation will be reflected in BVL’s Statement of Intent (SOI) and supported by key performance indicators (KPIs) where appropriate. Council looks forward to receiving your draft SOI by 1 March 2021.

We would like to take this opportunity to re-iterate the purpose of the SOI:

a)    state publicly the activities and intention of a CCO for the year and the objective to which those activities will contribute;

b)    provide an opportunity for shareholders to influence the direction of the organisation; and

c)    provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.

Long Term Plan 2021 – 2031

The next Long-term Plan (LTP) will take effect from 1 July 2021 and as one of the main strategic documents for Council, the planning process has already begun. We appreciate BVL’s participation in the process to date and expect this collaborative approach will continue.

Thank you again for your contribution to this process. We look forward to working together in 2021 and beyond.

Yours sincerely

 

 

 

Tina Salisbury

DEPUTY MAYOR

TAURANGA

 

Cc: Justine Brennan, Interim Chief Executive – Bay Venues Limited  Justine.Brennan@bayvenues.co.nz

 

 

 

 


Ordinary Council Meeting Agenda

10 December 2020

 

 

 

 

11 December 2020

Rosemary Protheroe

Chairperson

Tauranga Art Gallery Trust

PO Box 13255

Tauranga 3110

Via email: rosemary.protheroe@gmail.com

 

Dear Rosemary

Letter of Expectation from Tauranga City Council to Tauranga Art Gallery Trust for 2021-2022

This letter of expectation is intended to provide strategic direction and key areas of focus to inform the development of Tauranga Art Gallery Trust’s (TAGT) Statement of Intent (SOI) for 2021-2024. This letter has been informed by discussions with councillors and staff, setting out general expectations and key strategic expectations for TAGT.

Council’s partnerships with its CCOs help us successfully deliver our community outcomes, which have been recently updated during development of Tauranga City Council’s Long-Term Plan 2021 – 2031. Our new community outcomes are:

·    We value and protect our environment – Tauranga is a city that values our natural environment and outdoor lifestyle, and actively works to protect and enhance it

·    We have a well-planned city – Tauranga is a city that is well planned with a variety of successful and thriving compact centres and resilient infrastructure

·    We can move around our city easily – Tauranga is a well-connected city, easy to move around in and with a range of sustainable transport choices

·    We support business and education – Tauranga is a city that attracts and supports a range of business and education opportunities, creating jobs and a skilled workforce

·    We are inclusive, and value our culture and diversity – Tauranga is a city that recognises and values culture and diversity, and where people of all ages and backgrounds are included, feel safe, connected and healthy.

Principles and City Future Project

We are committed to making a difference to people in our community through what we do as a council, and how we do it. Council has developed five principles that are about how we do things as a council, and we would like to see the CCOs operating consistently with these principles.

·    We deliver value for our communities through prudent financial management, ensuring we plan and provide affordable fit-for-purpose services.

·    Sustainability and resilience underpin our decision making and service delivery, protecting the future of our city.

·    We work in partnership with Tangata Whenua, our communities, sub-regional stakeholders and central government.

·    We manage the balance between social, economic, cultural and environmental wellbeing of our communities.

·    We listen to our communities and make transparent, evidence-based decisions.

Council is also facilitating the City Future Project (previously referred to as the Strategic Framework Project or the City Vision Project). This will develop a strategic framework for Tauranga City that clearly outlines:

·    the issues/challenges and opportunities that the city faces (current and future);

·    a vision of where we want to be, including a set of community outcomes;

·    key actions to achieve the vision with lead agencies identified; and

·    measures for success.

TAGT has already been involved in City Vision Project workshops and we hope you will continue to contribute to this project and be part of its implementation.

Specific areas of focus

Given Council’s financial constraints, we ask that TAGT investigates innovative and creative funding models to increase the level of income generated by TAGT from sources other than Council. You have proved successful in this in 2020 as a response to the challenges provided by Covid-19. Council looks forward to seeing additional innovative solutions from TAGT.

Further to the recommendations of the recent Pedersen review of Council’s CCOs, we look forward to working with you on incorporating the concept of the ‘Tauranga City Council Group’ and its common desired community outcomes as an overarching principle of accountability documents, and interactions between the respective organisations. This includes a requirement to use the TCC logo alongside the Tauranga Art Gallery brand when promoting any activity, service or facility receiving council funding.

We look forward to working together on the development of a CCO template to use when drafting the SOI, as well as a set of common key performance indicators.

As per the Pedersen review, we ask that the council and CCOs have common values and expectations of staff and management behaviour that collectively sets the tone for the broader culture of all council organisations, and that these be incorporated into the accountability documents. It is also expected that the council and TAGT executive teams meet periodically to set the scene for collaboration between the respective organisations.

Statement of Intent

Council expects that the strategic priorities contained in this Letter of Expectation will be reflected in TAGT’s Statement of Intent (SOI) and supported by key performance indicators (KPIs) where appropriate. Council looks forward to receiving your draft SOI by 1 March 2021.

We would like to take this opportunity to re-iterate the purpose of the SOI:

a)    state publicly the activities and intention of a CCO for the year and the objective to which those activities will contribute;

b)    provide an opportunity for shareholders to influence the direction of the organisation; and

c)    provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.

Long Term Plan 2021 – 2031

The next Long Term Plan (LTP) will take effect from 1 July 2021 and as one of the main strategic documents for Council, the planning process has already begun. We appreciate TAGT’s participation in the process to date and expect this collaborative approach will continue.

Thank you again for your contribution to this process. We look forward to working together in 2021 and beyond.

Yours sincerely

 

 

 

Tina Salisbury

DEPUTY MAYOR

TAURANGA

 

Cc: Mary Stewart, Interim Director: Tauranga Art Gallery              mary.s@artgallery.org.nz

 

 

 

 


Ordinary Council Meeting Agenda

10 December 2020

 

::ODMA\:PCDOCS\PCDOCS\307719\joint%20committee/Western%20BOP%20Logos/WBOPDC%20colour.JPG 


                                                                  

 

 

 

 

 

18 December 2020

 

Laurissa Cooney

Chairperson

Tourism Bay of Plenty

8 Wharf Street

Tauranga 3110

Via email: laurissa@laurissacooney.com

 

Dear Laurissa

Letter of Expectation from Tauranga City Council and Western Bay of Plenty District Council to Tourism Bay of Plenty for 2021-2022

This letter of expectation is intended to provide strategic direction and key areas of focus to inform the development of Tourism Bay of Plenty’s (TBOP) Statement of Intent (SOI) for 2021-2024. This letter has been informed by discussions with councillors and staff, setting out general expectations and key strategic expectations for TBOP.

Council’s partnerships with its CCOs help us successfully deliver our community outcomes, which have been recently updated during development of Tauranga City Council’s Long-Term Plan 2021 – 2031. Our new community outcomes are:

·    We value and protect our environment – Tauranga is a city that values our natural environment and outdoor lifestyle, and actively works to protect and enhance it

·    We have a well-planned city – Tauranga is a city that is well planned with a variety of successful and thriving compact centres and resilient infrastructure

·    We can move around our city easily – Tauranga is a well-connected city, easy to move around in and with a range of sustainable transport choices

·    We support business and education – Tauranga is a city that attracts and supports a range of business and education opportunities, creating jobs and a skilled workforce

·    We are inclusive, and value our culture and diversity – Tauranga is a city that recognises and values culture and diversity, and where people of all ages and backgrounds are included, feel safe, connected and healthy.

Principles and City Future Project

We are committed to making a difference to people in our community through what we do as a council, and how we do it. Council has developed five principles that are about how we do things as a council, and we would like to see the CCOs operating consistently with these principles.

·    We deliver value for our communities through prudent financial management, ensuring we plan and provide affordable fit-for-purpose services.

·    Sustainability and resilience underpin our decision-making and service delivery, protecting the future of our city.

·    We work in partnership with Tangata Whenua, our communities, sub-regional stakeholders and central government.

·    We manage the balance between social, economic, cultural and environmental wellbeing of our communities.

·    We listen to our communities and make transparent, evidence-based decisions.

Council is also facilitating the City Future Project (previously referred to as the Strategic Framework Project or the City Vision Project). This will develop a strategic framework for Tauranga that clearly outlines:

·    the issues/challenges and opportunities that the city faces (current and future);

·    a vision of where we want to be, including a set of community outcomes;

·    key actions to achieve the vision with lead agencies identified; and

·    measures for success.

TBOP has already been involved in the City Vision Project workshops and we hope you will continue to contribute to this project, and be part of its implementation.

Specific areas of focus

Given Council’s financial constraints, we ask that TBOP investigates innovative and creative funding models to increase the level of income generated by TBOP from sources other than the councils.

A specific request from Western Bay of Plenty District Council is for a focus, within their District, towards walking and cycling.

Further to the recent Pedersen review of Council’s CCOs, we look forward to working with you on incorporating the concept of the Tauranga City Council and Western Bay of Plenty District Council ‘Council Group’ and their common desired community outcomes as an overarching principle of accountability documents, and interactions between the respective organisations. This includes a requirement to use the both Councils’ logos alongside the Tourism Bay of Plenty brand when promoting any activity, service or facility receiving council funding.

We look forward to working together on the development of a CCO template to use when drafting the SOI, as well as a set of common key performance indicators.

As per the Pedersen review, we ask that the council and CCOs have common values and expectations of staff and management behaviour that collectively sets the tone for the broader culture of all council organisations, and that these be incorporated into the accountability documents. It is also expected that the council and TBOP executive teams meet periodically to set the scene for collaboration between the respective organisations.

Statement of Intent

Council expects that the strategic priorities contained in this Letter of Expectation will be reflected in TBOP’s Statement of Intent (SOI) and supported by key performance indicators (KPIs) where appropriate. Council looks forward to receiving your draft SOI by 1 March 2021.

We would like to take this opportunity to re-iterate the purpose of the SOI:

a)    state publicly the activities and intention of a CCO for the year and the objective to which those activities will contribute;

b)    provide an opportunity for shareholders to influence the direction of the organisation; and

c)    provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.

Long Term Plan 2021 – 2031

The next Long Term Plan (LTP) will take effect from 1 July 2021 and as one of the main strategic documents for councils, the planning process has already begun. We appreciate TBOP’s participation in the process to date and expect this collaborative approach will continue.

Thank you again for your contribution to this process. We look forward to working together in 2021 and beyond.

Yours sincerely

 

 

 

 

 

Garry Webber

Mayor

Western Bay of Plenty District

 

 

 

 

 

Tina Salisbury

Deputy Mayor

Tauranga

 

Cc: Kristin Dunne, Chief Executive: Tourism Bay of Plenty               kristin@bayofplentynz.com

David Pearce, Western Bay of Plenty District Council                       David.Pearce@westernbay.govt.nz

 


Ordinary Council Meeting Agenda

10 December 2020

 

PDF Creator


Ordinary Council Meeting Agenda

10 December 2020

 

10.4       Remuneration of CCO Trustees and Directors

File Number:           A11941792

Author:                    Anne Blakeway, Manager: CCO Relationships and Governance

Authoriser:             Gareth Wallis, General Manager: Community Services

 

Purpose of the Report

1.      The purpose of this report is to present the recommendations from a review of remuneration for the trustees and directors of three of Tauranga City Council’s council-controlled organisations (CCO), and to seek approval for an increase in fees for the trustees of two CCOs.

Recommendations

That the Council:

(a)     Receives the Remuneration of CCO Trustees and Directors’ report.

(b)     Agrees to increase the remuneration for trustees of the Tauranga Art Gallery, with the new base fee set at $5,000 per annum.

(c)     Agrees to increase the Tauranga Art Gallery Trust Chair fee to $10,000 per annum.

(d)     Agrees to increase the Tauranga Art Gallery Trust Deputy Chair fee to $6,250 per annum.

(e)     Agrees to increase the funding grant for Tauranga Art Gallery by $15,625 from the 2021-22 financial year onwards, to fund the increased cost of trustee remuneration, and that the proposed increased fees for trustees will be included in the draft Long-Term Plan 2021-2031.

(f)      Agrees to increase the remuneration for trustees of Tourism Bay of Plenty, with the new base fee set at $12,000 per annum.

(g)     Agrees to increase the Tourism Bay of Plenty Chair fee to $24,000 per annum.

(h)     Agrees to increase the Tourism Bay of Plenty Deputy Chair fee to $15,000 per annum.

(i)      Agrees that the increased total cost of trustee remuneration of $17,625 will be funded out of Tourism Bay of Plenty’s current operational funding, with immediate effect.

(j)      Agrees that the remuneration for the directors of Bay Venues Limited should remain the same, with the base fee set at $33,000 per annum.

(k)     Agrees that the remuneration for the Bay Venues Limited Chair should remain the same at $66,000 per annum.

(l)      Agrees that the remuneration for the Bay Venues Limited Deputy Chair should remain the same at $41,250 per annum.

 

Executive Summary

2.       Bay Venues Limited (BVL), Tauranga Art Gallery Trust (TAGT) and Tourism Bay of Plenty (TBOP) are CCOs. Tauranga City Council (TCC) appoints their directors/trustees (in the case of TBOP, jointly with Western Bay of Plenty District Council) and sets the level of director remuneration.

3.       Regular reviews of CCO directors’ remuneration are required by the Local Government Act 2002 (LGA). Ensuring that CCO directors’ remuneration is appropriate enables TCC to attract and retain suitably qualified directors for its CCOs.

4.       Tauranga City Council’s Appointment of Directors to Council Organisations’ Policy states that CCO director remuneration will be reviewed at least once per triennium. Undertaking a review now means that any changes can be incorporated into the budgets for the Long-term Plan 2021-2031.

5.       The last review took place in December 2017, when Council approved remuneration increases for the board of BVL but did not approve remuneration increases for the boards of TAGT and TBOP.

6.       A similar methodology for assessing CCO directors’ fees was used as for the previous review in 2017.

7.       This report recommends increasing remuneration for the boards of TAGT and TBOP only, to reflect their position in their respective bands.

Background

8.       Section 4.10 of TCC’s Appointment of Directors to Council Organisations’ Policy states that CCO director remuneration will be reviewed at least once per triennium, or wherever the performance of the CCO or the role of the CCO and its board changes significantly.

9.       Section 4.10.2 states that where CCO directors are remunerated, the level of remuneration will be set taking into account the following factors:

·    the need to attract and retain appropriately qualified directors;

·    the levels of remuneration paid by comparable organisations in New Zealand;

·    any changes in the nature of the CCO’s business; and

·    any other relevant factors.

10.     The last CCO board remuneration review took place on 19 December 2017 (DC 305), when Council approved an increase to the remuneration for directors of BVL to the new base fee set at $33,000 per annum.

11.     Council did not approve a recommended increase to the remuneration for trustees of the TAGT to a new base fee of $5,000 per annum, nor a recommended increase to the remuneration for trustees of TBOP to a new base fee of $10,000 per annum. The last actual increase for TAGT and TBOP took place in 2015/16.

CCO Board Remuneration Review

12.     A review has been undertaken of the remuneration paid to the directors and trustees of TCC’s CCOs, in accordance with the Appointment of Directors to Council Organisations Policy.

13.     The review used the same methodology as previous reviews undertaken in 2015/16 and 2017 and included benchmarking and consideration of the recent board performance reviews. The review was supported by the Institute of Directors: Directors’ Fees Report 2020/21.

14.     The review recommends retaining BVL director fees at the current level, due to Council’s concurrent strategic review of BVL. It recommends increasing the trustee fees for both TAGT and TBOP to better reflect the quality of trustees, these boards’ recent performance, and the length of time since their remuneration was last increased.

15.     The below table shows the current remuneration for CCO directors:


 

 

CCO

Band

Base fee - director/ trustee

Fee - chair

No. of board members

Last reviewed

Last changed

BVL

3

Commercial

$33,000

$66,000

6 + 1

Dec. 2017

Dec. 2017


TAGT

5

Non-commercial

$2,500

$5,000

6

Dec. 2017

Feb. 2015

TBOP

4

Non-commercial

$7,500

$15,000

6

Dec. 2017

Mar. 2016

16.    The review recommends the following new director and trustee fees:

CCO

Base fee

Chair fee

Deputy chair fee

Total change in board remuneration

BVL

$33,000

$66,000

$41,250

No change

TAGT

$5,000

$10,000

$6,250

+ $15,625

TBOP

$12,000

$24,000

$15,000

+ $17,625

17.     It is proposed that the increase for the trustees of TBOP are funded out of TBOP’s current operational funding, with immediate effect.

18.     The increase for the trustees of the Tauranga Art Gallery Trust would require an increase of $15,625 to the funding grant for Tauranga Art Gallery from the 2021-22 financial year onwards. The increased fees for trustees would be included in the draft Long-Term Plan 2021-2031.

19.     There is currently no additional remuneration for TAGT’s Deputy Chair. However, this is now recommended for consistency with Council’s other CCOs, and in line with best practice.

Strategic / Statutory Context

20.     Regular reviews of CCO directors’ remuneration are required by LGA. Council’s Appointment of Directors to Council Organisations Policy includes consideration of director/trustee remuneration, including the expectation that CCO director remuneration will be reviewed at least once per triennium.

21.     This review has been undertaken to align with development of the Long-term Plan 2021-2031.

Options Analysis

Option 1: Approve the recommended changes to CCO trustee remuneration – RECOMMENDED.

22.     Council approves an increase in trustee fees for TAGT (to $5,000 base fee) and TBOP (to $12,000 base fee). BVL director fees remain at the current level. This would require an additional $15,625 total funding for TAGT trustee fees from the 2021-22 year onwards.

 

 

Advantages

Disadvantages

·    Increases TAGT’s trustee remuneration to better reflect its position in its band and the quality of trustees on the board.

·    Increases TBOP’s trustee remuneration to better reflect its position in the band and the quality of trustees on the board.

·    Retaining BVL’s director remuneration at current levels is prudent, given the strategic review and potential for change.

·    Fair remuneration for CCO directors allows Council to attract and retain suitably qualified directors.

·    Qualified directors are better able to govern CCOs, help achieve the CCO’s objectives and contribute to Council’s wider objectives and strategies.

·    Fair remuneration for CCO directors has a positive effect on Council’s reputation, particularly in the relevant sectors (i.e. arts and tourism).

·    An increase in remuneration may have a positive impact on Council’s relationship with TAGT and TBOP trustees as they feel more valued.

·    As Council provides operational funding for the CCOs, which includes trustee fees, an increase in remuneration is likely to lead to a small increase in Council funding for TAGT.

·    TBOP trustee remuneration would be taken from the current operating funding grant.

Option 2: Do not approve the recommended changes to CCO trustee remuneration – NOT RECOMMENDED.

23.    Council does not approve an increase in trustee fees for TAGT and TBOP.

Advantages

Disadvantages

·    No financial impact for Council.

·    Potential negative impact on Council’s relationship with the CCO’s directors and trustees, due to a perception that they are under-valued.

·    Potential reputational issues, leading to difficulty attracting and retaining high-calibre directors and trustees.

·    Potential reputational issues affecting Council’s relationship with other stakeholders in the relevant sectors.

24.    Further options that might also be considered by Council include an increase in fees for the BVL Board, or an increase in fees for the directors/trustees of TAGT, TBOP and/or BVL individually, but neither is recommended.

Financial Considerations

25.     The recommended option of increasing the trustee fees for TAGT will require an increase in Council’s funding grants of an additional $15,625 per annum. The timing of this review means that this increased cost can be included in the draft Long-term Plan 2021-2031 for public consultation in early 2021.

26.     The additional $17,625 per annum for TBOP would be absorbed from the current operating grant, effective immediately.

27.     While the Trust Deeds for both TBOP and TAGT enable the boards to have up to a maximum of eight trustees each, both boards have agreed to limit their boards to the current six trustees, which reduces the financial impact.

Legal Implications / Risks

28.     There are no legal implications of this decision.

29.     There are potential reputational risks related to this decision. Ensuring that CCO director remuneration is appropriate enables TCC to attract and retain suitably qualified directors for its CCOs.

Consultation / Engagement

30.     No community consultation or engagement is required.

Significance

31.     Under TCC’s Significance and Engagement Policy, the receipt of this report is of low significance.

Next Steps

32.     If approved by Council, the relevant CCO boards would be notified of the increases.

33.     The proposed TAGT trustee fee increases will need to be reflected in the Long-term Plan 2021-2031. The new remuneration would take effect from 1 July 2021.

34.     The proposed TBOP trustee fee increases would take effect immediately.

35.     The next review of CCO director remuneration will take place in 2023.

Attachments

Nil


Ordinary Council Meeting Agenda

10 December 2020

 

10.5       Mayoral by-election and order of candidate names

File Number:           A12064591

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 for the Office of the Mayor resulting from the resignation of Mayor Tenby Powell and to determine the order of candidates on the voting document.

Recommendations

That the Council:

(a)     Receives the report “Mayoral by-election and order of candidate names”; and

(b)     Determines that the order of candidates on the voting documents for the Mayoral by-election be

(i)      alphabetically by surname

OR

(ii)     in pseudo-random order

OR

(iii)     in random order

(c)     Notes the timeline for the Mayoral by-election is the same as 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.       Mayor Tenby Powell resigned on 20 November 2020 and this has triggered a by-election for the Office of the Mayor. 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 for each by-election.

Background

3.       Mayor Tenby Powell’s resignation on 20 November 2020 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.       The Mayoral by-election will occur at the same time as the Councillor by-election for Otumoetai-Pyes Pa ward.

7.       Nominations for both by-elections opened on 24 November 2020 and close at 12 noon on 22 December 2020.

Strategic / Statutory Context

8.       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.

9.       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.

10.     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

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

Action

Date

Chief Executive notifies Electoral Officer of extraordinary vacancy

Friday, 20 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

12.     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.

13.     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.

14.     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.

15.     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.

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

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

Option 2: Default Alphabetical Order Of Candidates’ Names

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

Financial Considerations

19.     The cost of the combined by-election is approximately $285,000, although this figure could change depending on the number of candidates standing and postage costs. There has been an increase in the number of electors since 2019 of approximately 11,000. This is unbudgeted expenditure that will result is an over-spend in the election budget.

Legal Implications / Risks

20.     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

21.     Candidate information is available on the Council’s website, and in hard copy form.

22.     Public notices in the prescribed form have been circulated in the newspaper and on the council’s website.

Significance

23.     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

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

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

 

Attachments

Nil


Ordinary Council Meeting Agenda

10 December 2020

 

10.6       Appointment of Tangata Whenua Representative to Policy Committee

File Number:           A12059335

Author:                    Carlo Ellis, Manager: Strategic Maori Engagement

Coral Hair, Manager: Democracy Services

Authoriser:             Susan Jamieson, General Manager: People & Engagement

 

Purpose of the Report

1.       This report recommends the appointment of Marcia Murray as the Tangata Whenua representative to the Council’s Policy Committee.

Recommendations

That the Council:

(a)     Receives the report “Appointment of Tangata Whenua Representative to Policy Committee”.

(b)     Accepts the recommendation of Te Rangapū Mana Whenua o Tauranga Moana and appoints Marcia Murray as the Tangata Whenua representative to the Council’s Policy Committee.

 

Executive Summary

2.       Te Rangapū Mana Whenua o Tauranga Moana has recommended to the Council the appointment of Marcia Murray as the Tangata Whenua representative to the Council’s Policy Committee. The Council is asked to consider and accept this recommendation.

Background

3.       The governance structure for the 2019-22 Triennium re-confirmed the recommendations of Te Rangapū Mana Whenua o Tauranga Moana appointing Tangata Whenua representatives to the four standing committees of the whole. 

4.       There is currently a vacancy for a Tangata Whenua representative to the Policy Committee. Dr Wayne Beilby who was initially appointed to the Policy Committee was subsequently appointed as the representative on the Finance, Audit and Risk Committee.

5.       Te Rangapū Mana Whenua o Tauranga Moana has recommended to appoint, Ms Marcia Murray, as the Tangata Whenua representative to the Policy Committee. 

6.       The Council set the remuneration for Tangata Whenua representatives at its meeting on 5 November 2019 and resolved to give voting rights to representatives on 25 August 2020.

7.       The Chairperson of the Policy Committee has been consulted regarding the appointment. 

Strategic / Statutory Context

8.       The appointment of Tangata Whenua representatives to the standing committees will ensure that the Māori voice is heard at each of the standing committees, as per the principles of the Treaty of Waitangi and the requirements of the Local Government Act 2002.  This also reflects the valued partnership of Tauranga City Council with Te Rangapū Mana Whenua o Tauranga Moana.

appointment

9.       Ms Murray holds a Bachelor of Arts majoring in Māori and a Bachelor of Laws and has been admitted to the Bar. She is currently employed as a Senior Solicitor by the Ministry for the Environment and current areas of practice include environment, water and energy, Treaty of Waitangi and resource management amongst other things. Ms Murray has been involved in a number of governance roles including the Chairperson of Te Hunga Roia Māori o Aotearoa and the Environmental Monitoring and Reporting Strategic Governance Group. She has previously been a senior policy analyst focussing on freshwater rights and interests as well as undertaking roles at the Ministry of Justice and Crown Law Office.

Ms Murray has recently moved back to Tauranga and offers her skills and experience to this role to provide a clear linkage with Tangata Whenua partners.

Financial Considerations

10.     The remuneration for Tangata Whenua representatives is provided for in the governance budget.

Legal Implications / Risks

11.     Clause 31(4) of Schedule 7 of the Local Government Act 2002 enables the Council to appoint a person who is not an elected member to a committee, if the Council believes the person has the skills, attributes or knowledge to assist the committee.

Consultation / Engagement

12.     No community engagement is required.

Significance

13.     Under the Significance and Engagement Policy  this decision is of low significance as it is consistent with adopted policy and previous practice of non voting tangata whenua representatives being appointed to Committees.  

Next Steps

14.     Ms Murray will become a member of the Policy Committee.

 

Attachments

Nil  


Ordinary Council Meeting Agenda

10 December 2020

 

11          Discussion of Late Items  


Ordinary Council Meeting Agenda

10 December 2020

 

12          Public Excluded Session  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendations

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Public Excluded Minutes of the Council Meeting held on 11 August 2020

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

12.2 - Public Excluded Minutes of the Extraordinary Council Meeting held on 8 September 2020

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.3 - Public Excluded Minutes of the Council Meeting held on 28 October 2020

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

 

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.4 - Public Excluded Minutes of the Council Meeting held on 17 November 2020

s6(b) - the making available of the information would be likely to endanger the safety of any person

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

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)(c)(i) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

12.5 - Historic Landfill Acquisition

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a) - 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