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AGENDA
Ordinary Council Meeting Monday, 10 May 2021 |
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I hereby give notice that an Ordinary Meeting of Council will be held on: |
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Date: |
Monday, 10 May 2021 |
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Time: |
10.30am |
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Location: |
Tauranga City Council Council Chambers 91 Willow Street Tauranga |
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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. |
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Marty Grenfell Chief Executive |
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Membership
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Commission Chair Anne Tolley |
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Members |
Commissioner Shadrach Rolleston Commissioner Stephen Selwood Commissioner Bill Wasley |
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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. |
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Meeting frequency |
As required |
Scope
· 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.
· 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).
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Ordinary Council Meeting Agenda |
10 May 2021 |
5 Confidential Business to be Transferred into the Open
6 Change to the Order of Business
7.1 Minutes of the Council Meeting held on 27 April 2021
7.2 Minutes of the Council Meeting held on 4 May 2021
8 Declaration of Conflicts of Interest
9 Deputations, Presentations, Petitions
9.1 Petitions - 12th Avenue - homeless people and liquor ban
10 Recommendations from Other Committees
11.1 Mainstreet Report July to December 2020
11.2 Direction on the Hearings Panel for Plan Changes 26, 27 and 30
13.1 Public Excluded Minutes of the Council Meeting held on 27 April 2021
13.2 Appointments to Strategy, Finance and Risk Committee
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10 May 2021 |
7.1 Minutes of the Council Meeting held on 27 April 2021
File Number: A12517120
Author: Jenny Teeuwen, Committee Advisor
Authoriser: Robyn Garrett, Team Leader: Committee Support
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That the Minutes of the Council Meeting held on 27 April 2021 be confirmed as a true and correct record.
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1. Minutes of the Council Meeting held on 27 April 2021
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27 April 2021 |
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MINUTES Ordinary Council Meeting Tuesday, 27 April 2021 |
Order of Business
1 Opening Karakia
2 Apologies
3 Public Forum
3.1 Mr Keegan Millar - Bay Venues Ltd strategic review
3.2 Councillor John Robson – Agenda items 11.1, 11.2 and 11.3
3.3 Mr Rob Paterson – Proposal to establish a Strategy, Finance and Risk Committee and Bay Venues Limited strategic review
4 Acceptance of late items
5 Confidential business to be transferred into the open
6 Change to the order of business
7 Confirmation of Minutes
7.1 Minutes of the Council Meeting held on 12 April 2021
8 Declaration of conflicts of interest
9 Deputations, Presentations, Petitions
10 Recommendations from Other Committees
11 Business
11.1 Governance Structure - establish Strategy, Finance and Risk Committee
11.2 Council Controlled Organisations Half Yearly Reports to 31 December 2020
11.3 Strategic review of Bay Venues Limited and shareholder feedback to the draft Statement of Intent 2021-2024
11.4 Dog Registration Fees 2021/22
11.5 Civil Defence Emergency Management Controller Endorsements
12 Discussion of Late Items
13 Public excluded session
13.1 Public Excluded Minutes of the Council Meeting held on 12 April 2021
13.2 Smiths Farm Access
13.3 Elizabeth St Parking Building Strengthening
14 Closing Karakia
MINUTES OF Tauranga City Council
Ordinary Council Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Tuesday, 27 April 2021 AT 10.30am
PRESENT: Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, and Commissioner Bill Wasley
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), Carlo Ellis (Manager: Strategic Maori Engagement), Josie Meuli (Council Controlled Organisations Specialist), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor), and Jenny Teeuwen (Committee Advisor)
Carlo Ellis, Manager: Strategic Maori Engagement, opened the meeting with a Karakia.
2 Apologies
Nil
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Key points · Mr Millar had been campaigning for the last year to see Bay Venues Limited (BVL) become more transparent in their representation of the non-funded network; in particular, to address the crowding out of the private sector. · The McGredy Winder report had recommended Option Three as the preferred way forward and it was noted that this option was the most popular model for delivering leisure facilities in New Zealand. Yet Tauranga City Council’s (TCC) report had recommended Option One, the least favoured option in the McGredy Winder report. · BVL’s unfunded network, including Bay Audio Visual, Bay Catering, and Club Fit Gym, actively used predatory pricing and offered discounts which meant the private sector could not compete. Predicted overheads deficits for 2021-2022 meant that commercial ratepayers were funding their own competition. · BVL’s business units should service their own venues and not the venues that small businesses relied on to keep their heads above water. Mr Millar wanted to see that the inequity and the crowding out of the private sector was stopped. · Recommended Option Three of the McGredy Winder report as the way forward.
The Commission Chair thanked Mr Millar for his presentation. |
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3.2 Councillor John Robson – Agenda items 11.1, 11.2 and 11.3 |
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Key points · Item 11.3 – Strategic review of Bay Venues Limited: - Cr Robson was not uncomfortable with the staff recommendation. - Appreciated the transparency of the exercise that was evidenced in the public consideration of the report and attachments. · Item 11.2 – Council Controlled Organisations half yearly reports - Would appreciate more transparency in the council-controlled organisations reports; specifically, the amount of support received from TCC and other councils, both directly and indirectly. - Would like to see a review of the council-controlled organisation eco-system; in particular the area of economic development. In Cr Robson’s opinion Priority One, which received $1.5million from councils and only $250,000 from memberships, was not a membership organisation but a private club funded by the ratepayer. No other council had this model. Believed Priority One should be bought in-house as a council-controlled organisation or be cut adrift. · Item 11.1 – establish Strategy, Finance and Risk Committee: - The report failed to provide the requisite level of information and analysis necessary to support quality decision making. - Any decision based on this report would be open to professional, legal and political challenge. - Urged the Commissioners to let the report lie on the table as not fit for purpose.
The Commission Chair thanked Cr Robson for his presentation. |
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Key points · Opposed the formation of the proposed Strategy, Finance and Risk Committee. · Believed the composition and mix of the proposed committee members was wrong and the committee’s scope was too wide. · Did not recommend that the Bay Venues Limited (BVL) operation be brought back in to TCC but agreed with the Price Waterhouse Coopers (PWC) recommendation to privatise the commercial business units of the BVL operation.
The Commission Chair thanked Mr Paterson for his presentation. |
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5 Confidential business to be transferred into the open
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6 Change to the order of business
Nil
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Resolution CO6/21/1 Moved: Commissioner Stephen Selwood Seconded: Commissioner Shadrach Rolleston That the Minutes of the Council Meeting held on 12 April 2021 be confirmed as a true and correct record. Carried |
8 Declaration of conflicts of interest
Nil
9 Deputations, Presentations, Petitions
Nil
10 Recommendations from Other Committees
Nil
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11.1 Governance Structure - establish Strategy, Finance and Risk Committee |
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Staff Coral Hair, Manager: Democracy Services Carlo Ellis, Manager: Strategic Maori Engagement
The report was taken as read.
Commission Chair comments · The Commission had disestablished all standing committees of the previous council. All of the standing committees had a voting member who had been nominated by Te Rangapū Mana Whenua o Tauranga Moana. · The Commission had been clear that they wanted to maintain the rights and responsibilities of council as much as possible and had looked to find a way to maintain the tangata whenua representative vote. · There had also been an independent person with voting rights who provided an oversight on financial issues. It had been noted that this skill set was not present amongst the appointed commission and, therefore, an independent person specifically for the financial capacity was required. · The Commission was looking to maintain both decision making rights with the formation of the new Strategy, Finance and Risk Committee.
Further Commissioner comments · The capability that the tangata whenua representatives would bring was highlighted. · It was noted that the committee was an advisory recommendatory committee and would make recommendations to council. The Commission Chair would have a casting vote. · The role of the four Commissioners was to represent the community view and they had been extremely active in reaching out to over 200 community groups and individuals so far and would continue to do so. Those that the Commission had met with had been a good representation of the whole community and not just sectors of the community. The Commission was listening and hearing what the community was saying and were guided in decision making by that input.
In response to questions · Te Rangapū Mana Whenua o Tauranga Moana had undertaken a robust exercise to seek nominations for representatives that had the specific skillsets required for each of the previous four standing committees. · A blend of skills would be required to support the Commission in decision-making; including a strong understanding of the history of Tauranga, strong governance support, strong decision making, a strong understanding of the role, financial acumen and skills in the legal sector, and also the ability to lean on other skill sets when required. · There had been no public consultation undertaken for the tangata whenua representative appointments to the previous committees. The decision was made by the council of the time. · There was no Local Government Act 2002 (LGA) requirements to consult on committee structures. · To provide context, it was suggested that the reasons in terms of the decision the Commission had reached be included into the recommendations to provide a greater understanding on what the focus had been on, noting that paragraphs 8 and 9 of the report would be a good starting point. · It was also suggested that taking appropriate account of the Treaty of Waitangi be included in Section A1 of the Terms of Reference. |
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Resolution CO6/21/2 Moved: Commissioner Shadrach Rolleston Seconded: Commissioner Bill Wasley That the Council: (a) Receives the report “Governance Structure – establish Strategy, Finance and Risk Committee”. (b) Pursuant to clause 30(1)(a) Schedule 7 of the Local Government Act 2002, establishes a Strategy, Finance and Risk Committee as a Standing Committee of the Council. (c) Adopts the Terms of Reference for the Strategy, Finance and Risk Committee in Attachment 1 and delegates to it the role, scope and powers specified therein (pursuant to clause 32 Schedule 7 of the Local Government Act 2002). (d) Appoints the following members to the Strategy, Finance and Risk Committee and appoints Commission Chair Anne Tolley as Chairperson and (insert name) as Deputy Chairperson.
(e) Acknowledges that the externally appointed members of the Strategy, Finance and Risk Committee have the skills, attributes or knowledge that will assist the work of the Committee. (f) Approves voting rights for the four commissioners, the three tangata whenua representatives and the external independent appointee of the Strategy, Finance and Risk Committee. For the avoidance of doubt, the Te Rangapū Mana Whenua o Tauranga Moana Chairperson will not be a voting member. (g) Requests the Chief Executive review the remuneration for the external representatives and reports back to the Council as soon as practicable. (h) In the interim until the remuneration has been reviewed, approves the remuneration for the external members of the Strategy, Finance and Risk Committee as follows: · Tangata Whenua Representatives $8,000 per annum · Chairperson Te Rangapū Mana Whenua o Tauranga Moana $8,000 per annum · External independent appointee - Chief Executive to negotiate an amount (i) Delegates to the Chief Executive the authority to determine the contractual terms and conditions of appointment for the externally appointed members, excluding remuneration. (j) Confirms the Strategy, Finance and Risk Committee will meet six weekly when members are appointed. (k) Takes note of paragraphs 8 and 9 from the report and acknowledges the decision of the past Council in appointing the Tangata Whenua voting representatives to Standing Committees. (l) Adjusts the Terms of Reference (Section A1) to take appropriate account of the principles of the Treaty of Waitangi. Carried |
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11.2 Council Controlled Organisations Half Yearly Reports to 31 December 2020 |
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Staff Josie Meuli, Council Controlled Organisations Specialist
The report was taken as read.
In response to questions · As the predominant partner in the arrangement, TCC took on the lion’s share of the preparation of the reporting work. It tended to be more of a functional relationship rather than a constructive relationship. · Directors of Bay of Plenty Local Authority Shared Services Limited (BOPLASS) were the chief executives of every local authority, underlined by an operational group made up of senior managers. · A link to the MahiTahi local government collaboration portal would be provided to the Commissioners. · It was requested that an update on the Tourism Bay of Plenty’s (TBoP) performance area “Supports Councils to explore alternative funding mechanisms” be provided to the Commissioners. · TBoP’s performance area “Measure visitor spend”, benchmarking for future years was noted. An update of when this would occur and how it would be reported back would be provided to the Commissioners. |
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Resolution CO6/21/3 Moved: Commissioner Bill Wasley Seconded: Commissioner Stephen Selwood That the Council: (a) Receives the Council-Controlled Organisations Half Yearly Reports to 31 December 2020 report. (b) Receives Bay Venues Limited’s report on its performance for the six months to 31 December 2020, as required by the 2020-2021 Statement of Intent. (c) Receives Bay of Plenty Local Authority Shared Services Limited’s report on its performance for the six months to 31 December 2020, as required by the 2020-2021 Statement of Intent. (d) Receives Tauranga Art Gallery Trust’s report on its performance for the six months to 31 December 2020, as required by the 2020-2021 Statement of Intent. (e) Receives Tourism Bay of Plenty’s report on its performance for the six months to 31 December 2020, as required by the 2020-2021 Statement of Intent, noting that Western Bay of Plenty District Council as joint shareholder, will receive the report at their Council meeting also on 27 April 2021. (f) Receives the Local Government Funding Agency’s report on its performance for the six months to 31 December 2020, as required by the 2020-2021 Statement of Intent. Carried |
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Staff Gareth Wallis, General Manager: Community Services
The report was taken as read.
The following recommendation additions/changes were requested by the Commissioners: · Recommendation (d) be amended to read that the representative from council would be a member of the executive team. · A recommendation be added stating that a letter of acknowledgement and thanks would be written to the retiring Board Members of Bay Venues Limited. · A recommendation be added requiring that the following be reported back to Council by September 2021 (latest): - Investigation and options for co-branding of Tauranga City Council/Bay Venues Limited facilities. - Clarity on the roles of the shareholder providing strategic direction and Bay Venues Limited’s implementation role. - Investigation and options regarding avoidance of competition within the private sector by Bay Venues Limited. · A statement to be added to recommendation (e) regarding the financial reporting being re-shaped to clearly show how much the BVL business units were being subsidised by the ratepayers or whether they were operating completely separately, to better understand and mitigate the perceived unfair competition with the commercial sector. · A recommendation be added that noted the feedback on the Statement of Intent (Page 13, Objective 8) to reflect the TCC role in providing strategic direction and BVL’s role in implementation, and also noted the feedback on the enduring Statement of Expectations (page 23, Section 3.3) to reflect Objective 12 of the Statement of Intent.
In response to questions · The appointments to the appointment panel would be discussed between the Chief Executive and the Commissioners The appointment decisions would be made by the Commissioners.
At 11.38am the meeting adjourned.
At 11.52am, the meeting resumed.
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Resolution CO6/21/4 Moved: Commissioner Bill Wasley Seconded: Commissioner Stephen Selwood That the Council: (a) Receives the Strategic Review of Bay Venues Limited report. (b) Receives the McGredy Winder Strategic Review of Bay Venues Limited (Attachment 1), the Price Waterhouse Coopers’ Options Analysis (Attachment 2), and the Recreation, Sport & Leisure Consultancy Benchmarking Report (Attachment 3). (c) Supports a modified version of Option 1 as outlined in the McGredy Winder Strategic Review – an enhanced status quo – continuing with current operational arrangements, strengthened by clearer Key Performance Indicators. (d) Confirms changes to the current Bay Venues Limited Board structure and directs staff to develop a process to appoint a new, leaner Board, including a member of the Executive from Tauranga City Council, with a stronger community focus and reviewed director remuneration, to be in place from 1 July 2021, as detailed in the Next Steps section of this report (paragraphs 60-65). (e) Notes that the required additional rates funding will be confirmed by staff following a review of Council funding, to ensure ongoing sustainability, and will include the amount of community subsidy not currently being funded to Bay Venues Limited in the Long-term Plan 2021-31, and reorganise BVL’s finance structure and funding model to be more transparent, simple and easy to understand. (f) Receives the Bay Venues Limited Draft Statement of Intent 2021/22 to 2023/24. (g) Confirms shareholder feedback to the Draft Statement of Intent with some additional specific areas of early focus for the new Bay Venues Limited Board (as outlined in paragraph 38 of this report), including but not limited to; restructuring the organisation’s finance structure and funding model to be more transparent, simple and easy to understand; investigating the viability of moving community halls and community centres back under the direct control of Council; and looking for opportunities to deliver operational efficiencies through shared service delivery models with Council. (h) Writes a letter of acknowledgement and thanks to the retiring Board Members for their good service to Bay Venues Limited and the community. (i) Provides a report by September 2021 (latest) regarding: (i) Investigation and options for co-branding of Tauranga City Council/Bay Venues Limited facilities. (ii) Clarity on the roles of the shareholder providing strategic direction and Bay Venues Limited’s implementation role. (iii) Investigation and options regarding avoidance of competition within the private sector by Bay Venues Limited. (j) Notes the feedback on the Statement of Intent (Page 13, Objective 8) to reflect the TCC role in providing strategic direction and BVL’s role in implementation, and notes the feedback on the enduring Statement of Expectations (page 23, Section 3.3) to reflect Objective 12 of the Statement of Intent. Carried |
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Staff Barbara Dempsey, General Manager: Regulatory & Compliance
The report was taken as read. |
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Resolution CO6/21/5 Moved: Commissioner Stephen Selwood Seconded: Commissioner Shadrach Rolleston That the Council: (a) Receives the Dog Registration Fees 2021/22 report. (b) Increases the dog registration standard fee by $5.00 to $92.00 per dog. (c) Sets the penalty for dogs that are not registered by 31 July at 50% of the standard fee. Carried |
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11.5 Civil Defence Emergency Management Controller Endorsements |
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Staff Barbara Dempsey, General Manager: Regulatory & Compliance
The report was taken as read. |
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Resolution CO6/21/6 Moved: Commission Chair Anne Tolley Seconded: Commissioner Bill Wasley That the Council: (a) Receives the Civil Defence Emergency Management Controller Endorsements report. (b) Endorses the following nominations for Tauranga City Council’s Local Controllers: (i) Nigel McGlone – Acting Manager: Environmental Regulation (ii) Sam Fellows – Acting Manager: Sustainability and Waste (iii) Mike Naude – Manager Special Projects: Transportation (c) Endorses the rescindment of appointment as Local Controller for Rowan Wallace – Manager: Emergency Management. Carried |
Nil
RESOLUTION TO EXCLUDE THE PUBLIC
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Resolution CO6/21/7 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That: (a) the public be excluded from the following parts of the proceedings of this meeting. (b) Dave Brunsdon, Kestrel Group, be permitted to remain at this meeting after the public has been excluded, because of his knowledge of item 13.3 to be discussed - Elizabeth St Parking Building Strengthening. 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:
Carried |
At 12.23pm, the meeting resumed in the open session.
Commissioner Shadrach Rolleston closed the meeting with a Karakia.
The meeting closed at 12.25pm.
The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council Meeting held on 10 May 2021.
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CHAIRPERSON
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10 May 2021 |
7.2 Minutes of the Council Meeting held on 4 May 2021
File Number: A12522100
Author: Jenny Teeuwen, Committee Advisor
Authoriser: Robyn Garrett, Team Leader: Committee Support
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That the Minutes of the Council Meeting held on 4 May 2021 be confirmed as a true and correct record.
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1. Minutes of the Council Meeting held on 4 May 2021
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4 May 2021 |
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MINUTES Ordinary Council Meeting Tuesday, 4 May 2021 |
Order of Business
1 Opening Karakia
2 Apologies
3 Public Forum
4 Acceptance of late items
5 Confidential business to be transferred into the open
6 Change to the order of business
7 Confirmation of Minutes
Nil
8 Declaration of conflicts of interest
9 Deputations, Presentations, Petitions
Nil
10 Recommendations from Other Committees
Nil
11 Business
11.1 Adoption of supporting documentation for the proposed Long-term Plan 2021-2031
11.2 Long-term Plan 2021-2031 - Adoption of consultation document
11.3 Adoption of the Draft 2021/22 Development Contributions Policy
12 Discussion of Late Items
13 Public excluded session
Nil
14 Closing Karakia
MINUTES OF Tauranga City Council
Ordinary Council Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Tuesday, 4 May 2021 AT 10.30am
PRESENT: Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood and Commissioner Bill Wasley
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), Jeremy Boase (Manager: Strategy and Corporate Planning), Josh Logan (Team Leader: Corporate Planning), Kathryn Sharplin (Manager: Finance), Elizabeth Hughes (Consultant, Communications and Engagement), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor)
EXTERNAL Clarence Susan, Audit NZ
Warren Goslett, Audit NZ
Commissioner Shadrach Rolleston opened the meeting with a Karakia.
2 Apologies
Nil
Nil
Nil
5 Confidential business to be transferred into the open
Nil
6 Change to the order of business
Nil
8 Declaration of conflicts of interest
Nil
9 Deputations, Presentations, Petitions
10 Recommendations from Other Committees
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11.1 Adoption of supporting documentation for the proposed Long-term Plan 2021-2031 |
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Staff Marty Grenfell, Chief Executive Paul Davidson, General Manager: Corporate Services
Item 11.1 was discussed in conjunction with item 11.2 - Long-term Plan 2021-2031 - Adoption of consultation document.
The Chief Executive expressed thanks to Audit New Zealand for the process they had undertaken over a very short four week timeframe.
The General Manager: Corporate Services provided an overview of the changes made to the proposed 2021-2031 Long-Term Plan (LTP) consultation document since the agenda had been published. A copy of these changes, tabled at the meeting, can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this council meeting.
In response to questions · The same information regarding population and demographics was being used by all councils in the sub-region. · Graph keys within the supporting documentation would be enlarged to make them easier to read. · It was suggested that the right-hand graph on Page 18 of the supporting documentation be deleted as the graph on Page 17 was a better representation and having both graphs was confusing; however; the three-tiered version of the graph on Page 18 was a legal requirement of disclosure and therefore could not be deleted. The four-tiered graph on Page 17 had been included to recognise the expenditure that sat across both growth and existing infrastructure. For clarification, a pie chart would be included in the consultation document to better show the percentage weightings between growth and existing infrastructure, subject to Audit New Zealand approval. · Urban growth and infrastructure planning projects were reported to council separately. Updates and next steps reports would be presented at the first or subsequent Strategy, Finance and Risk Committee meeting.
Commission Chair comments · Thanked staff for the huge amount of work done over a very short period of time and appreciated the effort that had been made. · Complimented the Financial Strategy document, which she had found very easy to read. · Acknowledged the Mayor and Councillors of the 2019 elected council, who had set the basis of work that had been picked up by the Commissioners. · Thanked and acknowledged her fellow commissioners for the work completed in a short three-month time period.
The recommendations for this item were taken in parts. |
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Resolution CO7/21/1 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Council: (a) Receives the Adoption of supporting documentation for the proposed Long-term Plan 2021-2031report. (b) Adopts the following for the purposes of public consultation through the Long-term Plan 2021-2031 consultation process: (i) Statement of Proposal for the Draft Revenue and Financing Policy (Appendix 1) (ii) Statement of Proposal for the Draft User Fees and Charges (Appendix 2) Carried |
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Resolution CO7/21/2 Moved: Commissioner Bill Wasley Seconded: Commissioner Shadrach Rolleston (c) Adopts the supporting documentation for the proposed Long-term Plan 2021-2031, including: (i) Draft Policies (including draft Revenue and Financing Policy) (Appendix 3) (ii) Draft Groups of Activities (Appendix 4) (iii) Draft Significant Forecasting Assumptions (Appendix 5) (iv) Draft Underlying Financial Statements (Appendix 6) (v) Draft Financial Strategy (Appendix 7) (vi) Draft Infrastructure Strategy (Appendix 8) (vii) Draft User Fees and Charges (Appendix 9) (d) Authorises the Chief Executive to make minor amendments to the documentation to ensure accuracy and correct minor drafting errors. Carried |
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11.2 Long-term Plan 2021-2031 - Adoption of consultation document |
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Staff Paul Davidson, General Manager: Corporate Services
External Clarence Susan, Audit NZ Warren Goslett, Audit NZ
A copy of the independent auditor’s report on the consultation document for the proposed 2021-2031 LTP tabled at the meeting, can also be viewed on Tauranga City Council’s website in the Minutes Attachments document for this council meeting.
Commission Chair comments · Again, thanked staff for the tremendous amount of work that had gone into the preparation of the LTP consultation documents. · It was important to present extremely complex financials and proposals for the city to the community in a way that made it easy to understand where the city was now and where it should be in the future. That was why the plan was called “Now and In the Future”. · The draft LTP would be out for public feedback at the end of the week with submissions open for a month. · It was important to hear back from the community – whether we had it right, whether small or significant changes needed to be made, what was good, what was bad, and any suggestions on how to make it better.
Additional Commissioner comments · Commissioners would be available at a number of events all over the city during the next month and this offered another opportunity for the community to engage with commissioners on the LTP. · Commissioners were looking forward to hearing the advice and direction from the community.
The recommendations for this item were taken in parts. |
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Resolution CO7/21/3 Moved: Commissioner Shadrach Rolleston Seconded: Commissioner Bill Wasley That the Council: (a) Receives the report. (b) Approves the Consultation Document for the proposed Long-term Plan 2021-2031. Carried
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Clarence Susan from Audit New Zealand was then asked to present the auditor’s report.
Auditor’s comments · The consultation document fulfilled its main purpose which was to provide an effective basis for public participation in Council’s decisions about the proposed content of the LTP. It fairly represented the matters proposed for inclusion and identified and explained the main issues and choices facing the Council and the City and the consequences of those choices. · Highlighted the two Emphasis of Matters noted in the report – the three waters reform and the uncertainty over the delivery of the capital programme. · The work and assistance provided by TCC staff to ensure the audit was carried out within the short timeframe was appreciated.
The Commissioner Chair thanked Mr Susan for his overview. |
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Resolution CO7/21/4 Moved: Commissioner Stephen Selwood Seconded: Commissioner Shadrach Rolleston (c) Receives the audit opinion on the consultation document for the proposed Long-term Plan 2021-2031, pursuant to s93C (4) of the Local Government Act 2002. (d) Adopts the audited Consultation Document for public consultation for the proposed Long-term Plan 2021-2031, using the special consultative procedure pursuant to s93 and s93A of the Local Government Act 2002. (e) Authorises the Chief Executive to make the following amendments to the consultation document before going to print: (i) any necessary minor drafting or presentation amendments; and (ii) inclusion of a pie chart with the percentages of capital expenditure types subject to agreement of Audit New Zealand. Carried |
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Attachments 1 Tabled document - Changes to the proposed 2021-2031 LTP consultation document 2 Tabled document - Independent auditor's report on the consultation document for the proposed 2021-2031 LTP |
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11.3 Adoption of the Draft 2021/22 Development Contributions Policy |
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Staff Christine Jones, General Manager: Strategy and Growth
In response to questions · It was suggested that the statutorily required policy document could be helped by an executive summary in plain English that set out the principles of the policy, how TCC was going to apply them and future process. There was a lot of confusion in the community regarding growth and who pays and how it all works. The policy document did not easily read for someone who wanted to understand how development contributions worked. This could be blended into the community guide on development contributions that was currently available and would be included as part of the development contributions suite of the LTP package. · As a clear signal to what would be happening in the future, points (a) to (f) of paragraph 23 of the report would be summarised and included in the executive summary, along with the key principles and how development contributions worked. |
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Resolution CO7/21/5 Moved: Commissioner Bill Wasley Seconded: Commissioner Shadrach Rolleston That the Council: (a) Adopts the Statement of Proposal and Draft 2021/22 Development Contributions Policy for public consultation with the addition of an Executive Summary as discussed. (b) Authorises the Chief Executive to approve minor drafting, financial and presentation amendments to the Draft 2020/21 Development Contributions Policy prior to printing if necessary. Carried |
Nil
Commissioner Shadrach Rolleston closed the meeting with a Karakia.
The meeting closed at 11.20pm.
The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 10 May 2021.
...................................................
CHAIRPERSON
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10 May 2021 |
9 Deputations, Presentations, Petitions
9.1 Petitions - 12th Avenue - homeless people and liquor ban
1. Petition - Homeless
people 12th Ave - residents (REDACTED) - A12521711 ⇩ 
2. Petition - Cameron Rd
Liquor Ban 12 Ave- businesses - A12521171 ⇩
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10 May 2021 |
11.1 Mainstreet Report July to December 2020
File Number: A12192054
Author: Michael Vujnovich, Manager: Project Tauranga
Authoriser: Gareth Wallis, General Manager: Community Services
Purpose of the Report
1. For Mainstreet organisations to report to Council on their activities for the period July to December 2020, to highlight issues, to provide a financial update, and to outline plans for future activities.
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That the Council receives the Mainstreet Report: July to December 2020. |
Discussion
2. Mainstreet organisations receive a targeted rate through Council.
3. As part of Council’s agreement with the Mainstreet organisations, they are required to report every six months on activities achieved, activities planned and any issues they want to bring to the attention of Council. They are expected to provide a financial update for each reporting period, audited financials after the end of the financial year, and note any matters that they wish to bring to the attention of Council.
4. This report reflects the period 1 July 2020 to 31 December 2020.
5. Mainstreet organisations that supplied financial information are in good financial health, with all showing annual operating surpluses and all in positive equity. Mount Mainstreet have not supplied interim financials.
6. Activities undertaken by all Mainstreet organisations appear to be having a positive effect on the activation and economic vibrancy of their areas, largely through events and promotions.
7. Please see Appendix A for a summary of the Mainstreet reports, including issues to present to Council. The following is in response to the issues presented.
(i) As per the prior responses, Council’s Transportation staff considered Mount Mainstreet’s proposal for signage directing people from cruise ships and the beaches to the Mount shopping area. This was declined by Transportation as this proposal did not meet the criteria for developing such signage of being; ‘for drivers’, easy to miss due to distance, or affecting the safety of the traveller.
(ii) Car parking and public transport – parking and pedestrianisation changes would need to be informed by the Parking Strategy currently being developed.
(iii) Bus stop signage and route board – working with the Transportation team to resolve.
(iv) Te Papa o Ngā Manu Porotakataka events usage – the events team recommend the space to event organisers but do not have any allocated budget to proactively activate the space.
(v) Council’s Transportation team is presently planning and prioritising its renewals programme to address general street appeal issues.
(b) Tauranga Mainstreet:
(i) Staff are currently reviewing results of the initial Activate Vacant Spaces trial.
(c) Greerton Village Mainstreet:
(i) Transportation are working with Greerton Village Mainstreet on traffic safety issues.
(ii) They are also working with Transportation regarding ongoing ‘tidy-up’ maintenance work, including lamp posts.
(d) Papamoa Unlimited:
(i) No issues for Council attention.
1. Appendix A - Mainstreet
Monitoring Report Summary for Jul to Dec 2020 - A12192004 ⇩
2. MS Greerton Monitoring
Report Jul to Dec 2020 - A12192005 ⇩
3. MS Greerton P&L Jul
to Dec 2020 - A12192006 ⇩
4. MS Mount Business
Association Monitoring Report Jul to Dec 2020 - A12192008 ⇩
5. MS Papamoa Unlimited
Monitoring Report to Jul to Dec 2020 - A12192010 ⇩
6. MS Tauranga Monitoring
Report Jul to Dec 2020 - A12192011 ⇩
7. MS Papamoa Inc -
Interim Financial Statements to 31.12.20 (signed) - A12192880 ⇩
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Ordinary Council Meeting Agenda |
10 May 2021 |
Appendix A: Mainstreet Monitoring Report Summary to Finance, Audit and Risk Committee, February 2021
For period 1 July 2020 to 31 December 2020
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Issues for Council attention |
Summary of activities |
Looking forward |
|
|
|
· Directional Signage to the shopping centre from Pilot Bay and Marine Parade (note that Transportation has previously provided Mount Mainstreet a reasoned decline to this proposition) · Car parking and public transport proposal · Bus stop signage and route board · Seeking more use of Te Papa o Nga Manu Porotakataka · General street appeal
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· Weekly farmers market · Marketing promotions include social media, print and radio and the tourist information centre at Te Papa o Nga Manu Porotakataka · Late night shopping in the lead up to Christmas · “Mountie” statue has been reinstalled · Member communications including visit, email updates and BA5 · No financials were supplied |
· Continuing with “Love the Mount” brand engagement strategies · Partnerships with external events · Continuing to campaign strongly for our members post Covid 19 · Radio promotions · ANZAC event in April · Ice-skating rink for the July school holidays
|
|
Tauranga Mainstreet |
· Seeking further financial support from TCC for the Activate Vacant Spaces programme
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· Financials for the period Jul-Dec 2020 show an operating surplus of $17,069 · Buy Local Buy Tauranga collaborative campaign across Mainstreets with significant success and positive feedback from members · Taste Tauranga Festival, deferred from August to October due to Covid · Activate Vacant Spaces continues with a wide variety of activations/installations. Special mention of the Cultivate Cooperative focussed on innovation, arts and culture · Trustpower Toi Tauranga Christmas Festival · Spark Summer in the City · Christmas Advent Calendar · Carols on the Waterfront · Smart Digital Strategy gains in audience reach and engagement for city centre and businesses · Downtown Tauranga membership engagement activities
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· Buy Local Buy Tauranga campaign planning · Look Fashion Promotion · Matariki Light and Art Festival · Trustpower photographic exhibition · Taste Tauranga · Trustpower Toi Tauranga Festival · Ongoing marketing and member engagement and advocacy
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Greerton Village Mainstreet |
· Disagree with proposed commercial rates · Greerton Village Traffic Safety work · Painting of bollards, replacing timber and varnishing seats
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· Financials for the period Jul-Dec 2020 show an operating surplus of $14,624 · Note cancelation of events due to Covid 19, especially the Cherry Blossom Festival Highlights include: · Annual Yarn Bombing · Christmas in Greerton · Shop & Win in Greerton Christmas hampers · Wall Mural as part of the Garden and Arts Festival Marketing and promotional initiatives include: · Buy Local campaign · Greerton Village Website, Sun Media Partnership and bi-monthly feature, NZME Radio, Media Works (The Breeze), Social Media · Member communications including BA5 network events, Facebook page, newsletters and meetings · November AGM included three new board members
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· Vintage, Retro & Steampunk Fayre in March · 10th anniversary year of Yarn Bombing and have initiated workshops for learners · Planning a celebration of our Yarn Bombed Village, July · Monthly BA5’s from February · Street Entertainers · Mid-Winter Retailer Promotion
|
|
Papamoa Unlimited |
· No issues for Council attention |
· Financials for the period Jul-Dec 2020 show an operating surplus of $823 · Polar Plunge had to be cancelled due to Covid · Pedal Papamoa, over 1000 bikes · Papamoa Santa Parade, 54 floats, 20,000 spectators
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· Planning a new event for this period. |
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10 May 2021 |
Vision: No changes
Core Purpose / Focus areas of Mainstreet Business Plan: No changes
Membership overview: Approx. 120 businesses
Summary of highlights:
· Successful installations of our annual Yarn Bombing
· Completion of our Wall Mural celebrating our Cherry Blossoms
· Christmas in Greerton Village, Christmas show
Key Activity and Achievements (previous 6 months):
Unfortunately, similar to our report covering the first 6 months of 2020, the majority of our events and promotions were cancelled due to Covid 19 restrictions, including – by just 2 days, our flagship Cherry Blossom Festival in September - very disappointing
|
Activity Area: Events |
||
|
Activity |
Explanation |
Results / Status / Outcome |
|
Annual Yarn Bombing Installed early July
|
One of our key activities is our annual Yarn Bombing, designed simply to bring fun, colour and uniqueness to our village |
A total of 30 trees were yarn bombed – same as last year. Several groups dropped out due to Covid (looking after kids, home schooling etc) however another very professional display was achieved with much interest and publicity. The activity was sponsored by local Real Estate business with $2500 donated to local charities. This activity always brings plenty of visitors from far and wide to Greerton to admire and vote for their favourite
|
|
Christmas in
Greerton Village on December 11
|
This year we returned to the Rotunda in the Greerton Village school grounds and celebrated with Kiwi entertainer Marian Burns, local schools and choirs |
Approx. 500 -600 attended by way of gold coin donation or item for local foodbank. 4 x large bins of food collected and $632 in revenue It was a very popular show with the audience |
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Shop & Win in Greerton in December
|
A standard “Shop & Win” designed to generate interest in shopping locally to be in to win one of 3 Giant hamper prizes |
Our highest ever number of participating businesses – 68 – all donated either a gift or voucher which was divided up into 3 prizes drawn on 22 December |
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Wall Mural painting in conjunction with Garden & Arts Festival November/December
|
We commissioned a local artist who was already in Greerton paint a mural at the Racecourse.
We selected a plain wall outside the library in the Village Square and “Ruru – guardian of the Blossoms” was created |
Some good feedback from locals about the colourful new addition to our village. We were very happy with it and also secured paint sponsorship from Resene |
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Activity Area: Initiatives & Marketing |
||
|
Activity |
Purpose |
Results / Status / Outcome |
|
Continuation of the “Buy Local Buy Tauranga” campaign in July & August
|
In conjunction with Downtown and Mount Mainstreet we continued our campaign with press, radio, digital media through July & August
|
Difficult to gauge entirely however feedback from participating businesses was largely very positive |
|
Social Media. Two pages on Face Book, Greerton Village & Greerton Village Yarn Bombing |
Used to promote our events and promotions |
Yarn Bomb page has been slow to gain traction however is a niche audience. Greerton page continues to grow steadily |
|
Greerton Village Website |
Used to promote our events and promotions |
We continue our work updating logos and new businesses |
|
Full Page
advert in Weekend Sun December |
To promote both the Christmas show and our Shop & Win Promotion and also to feature a number of Greerton Village retailers and service providers with individual spots on the page |
Good response to show component – difficult to gauge overall outcome however several businesses commented that they had received positive feedback |
|
NZME Radio across 3 x stations
|
Utilised to promote our events and promotions. Always receive a certain amount of free publicity via live links and interviews |
Less marketing all round this year. Excellent campaign coverage for our Christmas show |
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Activity Area: Member communication |
||
|
Activity |
Purpose |
Results / Status / Outcome |
|
GVCA Mailchimp newsletters |
To provide updates on all events, promotions and this year – Covid requirements |
Ongoing work to update and ensure as many as possible are reading – a challenge we share with other Main streets |
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Greerton Business Group Facebook closed page |
To inform and communicate strictly within our membership without external input |
Well established as a platform for us all to air our views, advise of possible threats (Shop lifters or beggars etc) |
|
Greerton Village BA5 Network evenings
|
To encourage businesses to show case to fellow Greerton Business owners |
Ran all year (except lockdown) until November. Generally, attendance has been improving all year with a few of TCC EM’s attending which has been valuable enabling our business community to engage on a one on one basis |
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Greerton Business Meeting July 28 2020 |
We called a town meeting with invitees from Police, TCC EM’s, TCC staff, Te Tuinga Whanau, Mental Health reps, Housing reps. To discuss ongoing issues with beggars in Greerton after TCC revoked the Begging Ban bylaw earlier in the year |
40+ attendees including 8 or the 11 TCC EM’s. Some actions from this were for Mainstreet Manager to visit the CCTV centre with Community Police Officer Leanne Fairbairn to gain a better understanding of where the CCTV cameras are situated in Greerton – we have requested 4 more from TCC in the LTP. What the police can and cannot do, who to contact and when. Going forward liaison now picked up with Paul Mason from TCC with M/Street Manager |
|
AGM November |
To present our reports and discuss any issues arising |
Delighted to have attracted 3 new enthusiastic members to the board, combining some fresh faces and ideas with our stalwarts |
Key issues:
|
Issue |
Explanation |
Status |
|
Targeted Business Rate |
Substantial increase for business owners in the pipeline |
We have submitted as GVCA that we are not in agreement with a hefty increase– hot on the heels of lockdown with many struggling businesses
|
|
Carried over from last report Greerton Village Traffic Safety work |
In May 2019 TCC staff were asked by EM’s to provide a piece of work around possible solutions to the traffic flow through Greerton since the work was completed – 9 options were mooted |
I last spoke with M Parkes at end of 2019 requesting an update and told as new council in would be a while before this one hit the table. I picked this up again from watching Live stream TCC meeting with a local resident speaking about Greerton Traffic. Subsequently met with Brendon Bisley on 1 July 2020 and discussed timings for a review later this year. We have stressed that full consultation must be carried out including with key stakeholders – business owners – before any decisions are made as many are not in favour of any changes that will create more upheaval, preferring to keep the status quo. Update to this is that a full review will be included in 2021 in the Crown Cameron Road CIP project |
|
Carried over from last report Painting of bollards, replacing timber and varnishing seats
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Work that was agreed to be completed after the Road safety work (By Martin Parkes) |
Many emails, messages etc to Callum Mc Clean. Finally passed on to Phil Consedine who called me mid-June and indeed the removal of old, ugly bollards and railings have been removed and seats cleaned up. We would now love to see a major clean-up of our Lamp posts – covered in lichens, peeling paint and generally looking old and unloved
|
Future activities (coming 6 months):
· Currently working on revival of our Vintage, Retro & Steampunk Fayre in March 2021
· Actively seeking more participants for our 10th anniversary year of Yarn Bombing and have initiated workshops for learners to come on board
· Planning a fun day in July, celebrating our Yarn Bombed Village
· Monthly BA5’s back on the calendar from February
· Ramping up awareness of our centre
· More one-off Street Entertainers around the Village
· Planning of a substantial Mid-Winter Retailer Promotion
Financials:
A copy of our YTD Budget vs Actuals is attached 1 July – 31 December 2020
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10 May 2021 |
Reporting Period 1st July 2020 to 31st December 2020
Mount Maunganui Business Association
Vision: Our vision is to help create a unique and lively downtown that enriches the business community, embraces history, celebrates the arts, preserves our natural environment and promotes quality events to instil a ‘sense of place’ in our community.
Core Purpose / Focus areas of Mainstreet Business Plan: To successfully create a unique and vibrant atmosphere in Mount Mainstreet and deliver a diverse range of opportunities to the doors of our members. To foster and promote generally the welfare of the business community of Mount Maunganui, and to provide a forum for networking and collaboration of members.
New stores in Mount Mainstreet
Ø Frosty and Fox
Ø Luxe
Stores that have left the Mainstreet
Ø Hello World Travel
Ø The Batch
Key Activity and Achievements (previous 6 months):
|
Activity Area: for example: events |
||
|
Activity |
Explanation |
Results / Status / Outcome |
|
Weekly Farmers Market |
Sunday Market’s occur every Sunday from 9am – 1pm |
Enjoyable Market for the centre of town which utilises Te Papa o Nga Manu Porotakataka |
|
Social Media |
We have boosted our Social Media significantly over Face book |
Have had many new businesses follow our page, comment, and participate |
|
Promote late night shopping on the Friday’s of December to 7pm |
To try and encourage the retailers to stay open longer for the Friday’s in December with hospitality encouraging live music to get into the Christmas spirit. Was promoted on social media to promote the businesses that were participating |
Was too short notice for many retailers, if we try this again it needs to be a longer lead in
|
|
Print and Radio |
Extra print and radio have been engaged since Covid |
Has had a good spread across these two platforms |
|
TBOP information centre |
We worked collectively with TBOP and TCC to activate Te Papa o Nga Manu Porotakataka with the portable i-site. |
Great to see this space used with information for the public. Looks great, colourful and user friendly. |
|
Mountie |
Worked hard with TCC to get ‘Mountie’ back into central Mount |
Good community engagement and thankfulness that he has returned back to the centre of the Mount. Looks great with the i-site and is very accessible for the public to see and photograph with |
It has been very difficult to plan events for this half of the year. The environment has been very unsettled, and many planned events were cancelled over this period. It seems to be settling back down to some kind of ‘new’ normal and we are confident that we will be able to add beneficial events into the next 6-month period.
|
Activity Area: for example: member communication |
||
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Activity |
Purpose |
Results / Status / Outcome |
|
Shop visiting |
To see our members face to face |
I love seeing the members and it gives them a chance to talk with me directly. |
|
Frequent emails |
To inform our retailers |
I email the retailers regularly to update them or give them information on what is happening in the area. |
|
Business After 5’s |
To engage with the members in a casual and social environment after business hours |
This will be starting in early April with the first one being held at Mexicali |
|
Issue |
Explanation |
Status |
|
Car parking and public transport |
To look at possible ways to increase carpark availability out of the mainstreet so we can potentially look at how a more pedestrian friendly mainstreet could benefit this area and reduce traffic congestion. To encourage workers in the Mount surrounds to use public transport. |
Ongoing, we have presented a draft idea to councillors recently and will be following up. This is a constant and gruelling battle |
|
Bus Stop signs and Route board |
Where did they go when the park and the new Eves building finished construction?? The bus route sign and the bus stop sign are both missing from the front of Porotakataka/Eves building and many people (tourists) are asking where the bus stop is and where they can see a timetable. |
This has still not been resolved. We are being asked frequently where is the bus stop? And where is the route map? |
|
Te Papa o Nga Manu Porotakataka |
Community space for activities and community gatherings. |
Would be nice and beneficial to see this space being utilised more by event organisers as intended. We would like to see this space used more often as we only have a small budget to be holding events for the public and members of Mount Mainstreet. |
|
General street appeal i.e. the surrounds under the palms not being upkept, could do with some carpet type plantings there for tidiness. (Would look amazing if they were lit up.) Seating benches need to be looked into as they are looking very worn and untidy. |
It is vital that the Mount gives the right impression to tourists and visitors. We want to keep our destination looking smart and appropriate all year round. We have one of the best beaches in the country and our mainstreet needs to reflect this as well. The Mount has been allocated nothing in the Annual Plan which is extremely disappointing. |
Ongoing.
|
|
Directional Signage to the shopping centre on Pilot Bay and Marine Parade. This has been in the last 2 reports. |
There is no directional signage to inform passengers and visitors to the MMS shopping centre from Pilot Bay or Marine Parade. |
A clear NO from council from the last report. Seems ludicrous that signage pointing to the shopping district from distinct landmarks is unable to happen?? Many people who come here still do not know WHERE they are and that the Mount has an amazing shopping district. With the uncertainty of when the next cruise ship season will crack off, I firmly believe that we should be as ‘locatable’ as possible for people visiting the area. |
Future activities (coming 6 months):
The areas that we are focusing on for the next 6 months are
Ø Continuing with our brand engagement strategies
Ø Partnerships with external events
Ø Continuing to campaign strongly for our members post Covid
Ø More radio promotions for the members to be involved with
Ø ANZAC event (April)
Ø Ice skate rink for July school holidays
Ø We are looking at the possibilities of other events if we can source sponsorship and support from council such as
Ø Matariki Light Installation (July)
Ø Festival/Carnival to celebrate diversity within our community (October)
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10 May 2021 |
Core Purpose / Focus areas of Mainstreet Business Plan:
Membership overview:
Summary of highlights:
2020 saw the cancellation (due to international events out of our control) of the famous Papamoa Polar Plunge and resources diverted into the delivery of a bigger than ever Pedal Papamoa and Papamoa Santa Parade (local events – very much in our control!)
Key Activity and Achievements (previous 6 months):
|
Activity Area: |
||
|
Activity |
Explanation |
Results / Status / Outcome |
|
Pedal Papamoa |
Profiling the very best waterways and retail of the region in a fun family day our cycling with the locals… |
Bigger and better than ever with over 1000 bikes swarming the waterways with the promise of a yummy breakfast/brunch at the end for all participants. |
|
Activity Area: |
||
|
Activity |
Purpose |
Results / Status / Outcome |
|
Papamoa Santa Parade |
Run the only remaining Tauranga Santa Parade and make it the best ever! |
With the cancelation of other Tauranga Santa Parades, a testing year and the urgent need to reconnect as a community – a record 54 floats combined to thrill the (more than) 20,000 spectators who lined the route finishing at Papamoa Plaza. |
Key issues:
Are there any particular current issues that need to be highlighted to Council? What is happening to resolve these issues, if the issues relate to Council activity what is the next step? On a rolling basis close issues that were raised in previous reports.
|
Issue |
Explanation |
Status |
|
No issues to report as our charter is very clear… |
Formed by retailers to give back to the community. |
Working exceptionally well for over 6 years – unencumbered with council requirements, stakeholder dissent or commentary of purpose – we run 4 events… that’s it! |
Future activities (coming 6 months):
We are putting together a marquee event for 1Q 2021 that is being finalised to try and fill the shoulder months of little/no community events – watch this space.
Financials:
On budget – and showing a healthy (rainy day) surplus to be able to leverage timely and relevant local promotions.
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10 May 2021 |
11.2 Direction on the Hearings Panel for Plan Changes 26, 27 and 30
File Number: A12489912
Author: Janine Speedy, Team Leader: City Planning
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. The purpose of this report is to provide an update on Plan Changes 26 (Housing Choice), 27 (Flooding from Intense Rainfall) and 30 (Earthworks) and seek direction on the appointment of a hearings panel to hear submissions and further submissions.
|
That the Council: (a) Receives the Direction on the Hearings Panel for Plan Changes 26, 27 and 30 report. (b) Requests staff prepare a recommendation of three to five independent hearings commissioners (including chair), selected from the Ministry for the Environment Certificated Commissioner list, for appointment to the hearings panel on the following plan changes: (i) Plan Change 26 – Housing Choice (ii) Plan Change 27 – Flooding from Intense Rainfall (iii) Plan Change 30 – Earthworks (c) Notes in accordance with section 80 of the Local Government Act 2002, that the decision to appointment commissioners directly from the Ministry for the Environment list of approved commissioners is inconsistent with Council’s Independent Hearings Commissioners Policy, as set out in paragraphs 26-28. (d) Notes that a report is required to Council with recommendations on delegations to the Plan Change 26, 27 and 30 Independent Hearings Commissioners hearings panel.
|
Executive Summary
2. On 13 October 2020, Council resolved the adoption of three plan changes to the Tauranga City Plan. Public notification of the plan changes was undertaken between 16 November 2020 and 1 February 2021.
3. Public notification of the summary of submissions and seeking further submissions will commence on Monday 31 May 2021, with further submissions closing on 25 June 2021.
4. A hearings panel is required to hear submissions, further submissions and make recommendations to Council on Plan Change 26 (Housing Choice), Plan Change 27 (Flooding from Intense Rainfall), Plan Change 30 (Earthworks).
5. It is recommended that independent hearings commissioners (including chair) are appointed to the hearing panel with the appropriate expertise and Resource Management Act 1991 (RMA) accreditation to hear the three plan changes.
Background
6. On 13 October 2020, Council resolved the adoption of the following plan changes for public notification:
(a) Plan Change 26 – Housing Choice
(b) Plan Change 27 – Flooding from Intense Rainfall
(c) Plan Change 30 - Earthworks
7. Public notification commenced on 16 November 2020. Under delegated authority, the submission period was extended to Monday 1 February 2021 following requests from the community to extend the public notification period. Public notification of the plan changes included the following:
(a) Public notice;
(b) Approximately 53,500 letters to landowners and key stakeholders;
(c) 10 open days over a two-week period;
(d) Opportunity to book a one on one meeting with staff over a five-week period; and
(e) Responding to phone and email queries.
8. Plan Change 26 – Housing Choice (PC26) focusses on residential intensification of existing urban areas and giving effect to the National Policy Statement on Urban Development 2020.
9. A total of 189 submissions have been received on PC26.
10. Proposed Plan Change 27 – Flooding from Intense Rainfall (PC27) introduces provisions to provide an appropriate regulatory pathway for developers and landowners to avoid or mitigate the risk of flooding thus achieving risk reduction over time to give effect to the RPS.
11. A total of 1002 submissions were received on PC27. Since submissions closed, 15 submissions have been withdrawn.
12. Plan Change 30 – Earthworks (PC30) proposes to clarify wording of existing provisions to ensure earthworks are appropriately managed all stages of development and the management of sediment on sites.
13. A total of 29 submissions were received on PC30.
14. Public notification of the summary of submissions and seeking further submissions will commence on Monday 31 May 2020, with further submissions closing on 25 June 2021. A hearings panel is then established to hear submissions, further submissions and make recommendations or decisions on the proposed plan changes to Council.
15. Consideration has been given to the content of the plan changes, as set out above, and the content of the submissions received on these plan changes. The expertise of the independent hearings commissioners sought need to cover the following areas:
(a) Planning
(b) Urban design
(c) Tikanga Maori
(d) Integrated transport and urban development
(e) Stormwater
(f) Infrastructure to enable urban development
16. Consultation was undertaken on 29 April 2021 with Te Rangapu Mana Whenua o Tauranga Moana, confirming that at least one independent hearings commissioner with an understanding of tikanga Maori expertise is appropriate to sit on the hearings panel for the plan changes.
17. Independent hearings commissioners are commonly used across New Zealand due to perceived or actual conflicts of interest, the need for specialist expertise, where the plan change is complex and highly technical, and the availability and time required for the hearing.
18. Given the plan changes cover large areas of the city and the complexity of the proposed changes, it is recommended that independent hearings commissioners hear the proposed plan changes. It is expected that the expertise set out above can be filled by three independent hearings commissioners, however, resolution is sought for up to five if all skill sets cannot be filled by three people.
19. Once a recommended list of independent hearings commissioners is prepared with availability and covering the appropriate expertise, there will be a report to Council seeking the appointment of the hearings panel. Given the expertise required, the list will be prepared from the Ministry for the Environment Certificate Holders – non-local body elected members list of RMA accredited Independent Hearings Commissioners to hear all plan changes.
Strategic / Statutory Context
20. The hearings will be undertaken pursuant to sections 34A, 39 and 39B and the First Schedule of the RMA.
Options Analysis
21. Option 1 - Appoint three to five independent hearings commissioners (including a chair) to hear submissions, further submissions and make recommendations/decisions on PC26, PC27 and PC30 (recommended).
|
Advantages |
Disadvantages |
|
· Enables Council to appoint commissioners with the appropriate skill set. · Enables Council to ensure availability of independent hearings commissioners over all three hearings (likely to take 2 – 3 weeks) and the capacity to prepare recommendations. |
· TCC Commissioners are not involved in hearings of submissions and further submissions on the plan changes. |
22. Option 2 – TCC Commissioners are appointed to hear submissions, further submissions and make recommendations/decisions on PC26, PC27 and PC30.
|
Advantages |
Disadvantages |
|
· TCC Commissioners are able to hear submissions and further submissions and therefore involved in making recommendations. |
· Requires TCC Commissioners to be available for hearings (likely to take 2 – 3 weeks). · Requires TCC Commissioners to be accredited as independent hearings commissioners under the RMA. For those not currently accredited this would be a significant time and resourcing commitment and may interfere with other TCC Commissioner responsibilities · Potential conflicts of interest. · TCC Commissioners are making recommendations on plan changes and then also the decision to adopt and notify that decision. · Only one TCC Commissioner is currently accredited as an independent hearing’s commissioner. |
23. Option 3 - Combination of TCC Commissioners and independent hearings commissioners included on the Ministry for the Environment Certificate Holders are appointed to hear submissions, further submissions and make recommendations/decisions on PC26, PC27 and PC30.
|
Advantages |
Disadvantages |
|
· TCC Commissioner involved in hearing submissions and further submissions and therefore involved in making recommendations. · Enables Council to appoint commissioners with the appropriate skill set.
|
· Requires TCC Commissioners to be available for hearings (likely to take 2 – 3 weeks). · Requires TCC Commissioners to be accredited as an independent hearings commissioner under the RMA. For those not currently accredited this would be a significant time and resourcing commitment and may interfere with other TCC Commissioner responsibilities · Potential conflicts of interest. · TCC Commissioners are making recommendations on plan changes and then the decision to adopt and notify that decision. |
Financial Considerations
24. There are no financial considerations associated with this report. The cost associated with the appointment of the hearings panel to hear submissions and further submissions and make recommendations on the plan changes is within existing LTP budgets.
Legal Implications / Risks
25. A full legal review was undertaken of the section 32 and provisions prior to public notification of the plan changes to ensure the plan changes meet the legislative requirements under Schedule 1 of the RMA. The hearings will be undertaken pursuant to sections 34A, 39 and 39B and the First Schedule of the RMA.
Identification of inconsistent decisions
26. This recommendation is inconsistent with Council’s Independent Hearings Commissioners Policy 2008 (the Policy), which provides for a list of no more than 12 independent hearings commissioners to hear and determine hearings for Tauranga City Council. Council is required under section 80 of the Local Government Act 2002 (LGA) to identify any decisions that are significantly inconsistent with its policies, the reasons for the inconsistency, and any intention to review the policy.
27. The reason for this departure is that the current list of 12 commissioners is limited in providing the expertise required to hear plan changes, availability for hearing is likely to be limited due to the hearings expected to take two to three weeks and there are some people on the list that are no longer accredited.
28. This aspect of the Policy is currently being reviewed and will be reported to Council this year.
Consultation / Engagement
29. Plan changes are required under Schedule 1 of the RMA to be publicly notified for submissions and further submissions. Public notification of the three plan changes is set out above in paragraph 7 of this report.
Significance
30. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.
31. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
(a) the current and future social, economic, environmental, or cultural well-being of the district or region
(b) any persons who are likely to be particularly affected by, or interested in, the decision
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
32. In accordance with the considerations above, criteria and thresholds in the policy, the plan changes have been identified as high significance that has high public interest, however the decision proposed in this report to appoint the hearings panel is of low significance.
ENGAGEMENT
33. Taking into consideration the above assessment, that the decision is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
34. Publicly notify the summary of submissions on all three plan changes and seek further submissions.
35. Prepare a report to Council with a recommended list of independent hearings commissioners to appoint to the hearings panel on the three plan changes.
36. Following the hearings, recommendations or decisions will be made by the hearings panel. Once the decision is notified there is an opportunity for appeals.
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10 May 2021 |
11.3 Submission on the discussion document Supporting Sustainable Freedom Camping in Aotearoa New Zealand - Proposed Changes to support effective management of freedom camping in New Zealand
File Number: A12495854
Author: Rebecca Gallagher, Policy Analyst
Ariell King, Team Leader: Policy
Stuart Goodman, Team Leader: Regulation Monitoring
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. Approve the submission to the Ministry of Business, Innovation and Employment (“MBIE”) discussion document “Supporting Sustainable Freedom Camping in Aotearoa New Zealand – Proposed changes to support effective management of freedom camping in New Zealand”.
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That the Council: (a) Receives the Submission on the discussion document Supporting Sustainable Freedom Camping in Aotearoa New Zealand - Proposed Changes to support effective management of freedom camping in New Zealand report. (b) Approves the submission to the discussion document “Supporting Sustainable Freedom Camping in Aotearoa New Zealand – Proposed changes to support effective management of freedom camping in New Zealand” in attachment A. OR (c) Approves the submission to the discussion document “Supporting Sustainable Freedom Camping in Aotearoa New Zealand – Proposed changes to support effective management of freedom camping in New Zealand” in attachment A with the following amendments … |
Background
2. The Freedom Camping Act 2011 (“the Act”) allows Council to make a bylaw to designate places where freedom camping is prohibited or restricted in some way.
3. Council has a freedom camping bylaw which was reviewed in 2019. The Freedom Camping Bylaw 2019 (“bylaw”) requires all freedom camping to occur in a self-contained vehicle. Freedom camping is permitted at 25 parks and reserves across Tauranga as well as four Council carparks. There are restrictions at these sites including the number of freedom campers allowed at each location, as well as size of the vehicle.
4. The Government is seeking feedback on a discussion document on how to make freedom camping in New Zealand more sustainable. The discussion document outlines the following proposals:
(a) Either:
(i) Make it mandatory for freedom camping in a vehicle to be done in a certified self-contained vehicle, or
(ii) Make it mandatory for freedom campers to stay in a vehicle that is certified self-contained unless they are staying at a site with toilets.
(b) Improve regulatory tools for government land managers:
(i) Regulatory system for self-contained vehicles
(ii) Stronger infringement scheme.
(c) Strengthen the requirements for self-contained vehicles:
(i) What type of toilets are suitable?
(ii) What types of vehicles are suitable?
5. One of the issues consistently raised regarding freedom camping in Tauranga is vehicles not being self-contained or vehicles which have the self-containment sticker which do not appear to be properly self-contained. The proposals in the discussion document are looking at changes to the issue of self-containment and enforcement of such.
6. Another issue raised is enforcement of freedom camping. The Act currently allows infringement notices to be issued up to $200. There are issues with being able to recover the fine from freedom campers, especially international tourists or those in rental vehicles. The discussion document is looking at ways to improve compliance with bylaws and strengthen enforcement.
7. A meeting with the Ministry of Business, Innovation and Employment (MBIE) and staff was held on 29 April 2021 to discuss the proposals. Submissions to the discussion document are due by 16 May 2021.
8. A draft submission to the discussion document is contained in attachment A. Approval by Council is sought to submit this submission.
Significance
9. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.
10. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
(a) the current and future social, economic, environmental, or cultural well-being of the district or region
(b) any persons who are likely to be particularly affected by, or interested in, the issue.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
11. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of low significance.
ENGAGEMENT
12. Taking into consideration the above assessment, that the issue is of low significance, staff are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
13. Submission to be provided to MBIE by 16 May 2021.
1. Submission
to Supporting Sustainable Freedom Camping in Aotearoa New Zealand discussion
document - A12505837 ⇩
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Ordinary Council Meeting Agenda |
10 May 2021 |
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Supporting Sustainable Freedom Camping in Aotearoa New Zealand – Submission Form |
How to provide us with feedback
The Ministry of Business, Innovation and Employment (MBIE) is collecting written submissions to gather a range of views on the Government’s proposals to improve the management of freedom camping in New Zealand.
This submission form brings together all the questions asked throughout the discussion document Supporting Sustainable Freedom Camping in Aotearoa New Zealand – Proposed changes to support effective management of freedom camping in New Zealand.
Please feel free to answer as many or as few of these questions as you wish.
For more information and discussion about these topics please refer to the discussion document available at https://www.mbie.govt.nz/have-your-say/supporting-sustainable-freedom-camping-in-aotearoa-new-zealand.
Your submission can be returned by email to responsiblecamping@mbie.govt.nz. Submissions are due by midnight on Sunday 16 May.
Use and release of information
1. After the consultation period has closed, MBIE will publish a summary of submissions on our website at www.mbie.govt.nz.
2. We will not be publishing any individual submissions or names of individuals who made a submission. We may wish to include part of your submission in the summary of submissions; in that case, MBIE will first ensure we have your permission to do so.
3. If you are submitting on behalf of a business or organisation, MBIE will consider that you have consented to the content being included in the summary of submissions unless you clearly state otherwise. If your submission contains any information that is confidential or that you do not want published, you can say this in your submission.
4. The Privacy Act 2020 applies to your submission. Any personal information you supply to MBIE through your submission will only be used by MBIE for the purpose of producing a summary of submissions. The summary will present themes and no personally identifiable information will be included. The summary will be reported to the Minister of Tourism and be published online.
Submissions may be subject to requests for information under the Official Information Act 1982 (OIA). If your submission, or part of it, comes within the scope of an OIA request, MBIE would normally release it (excluding any personal information) to the person who asks for it. If you consider there are reasons for MBIE to withhold any of the information you are providing, please indicate these reasons in your submission.
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What is the name of the person making this submission? |
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Stuart Goodman Team Leader; Regulation Monitoring |
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If you are submitting on behalf of an organisation, what is the name of that organisation? |
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Tauranga City Council |
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Is it okay for your organisation’s details to be published if we publish which organisations made a submission, or include part of your submission in the summary of submissions? |
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☒ Yes, you can publish my organisation’s details with information from my submission. ☐ No, keep my organisation’s details confidential. |
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Can we use information in your submission as a case study in the summary of submissions? |
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☒ Yes, you can include information from my submission as a case study in the summary of submissions. ☐ No, keep my information confidential. |
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Please provide us with your email address in case we need to contact you about your submission. |
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What sector(s) does your submission most closely relate to, if applicable? For example, the sector in which you may work or operate, or which you represent. |
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☐ Accommodation provider ☐ Other tourism business ☐ Rental vehicle business ☐ Non-tourism business ☐ Iwi, hapū or Māori organisation ☒ Local Government ☐ Individual or camper ☐ Club or club representative (e.g. camping club) ☐ Other _____________________________________________________________ (please specify) ☐ N/A |
Context to Supporting Sustainable Freedom Camping in Aotearoa New Zealand
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1.1 |
How much do you agree that certain types of vehicle-based freedom camping are a problem? Please write a (Y) next to the option which applies to you |
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Strongly agree (Y) |
Agree |
Neutral |
Disagree |
Strongly disagree |
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1.2 |
What are your views on freedom camping in vehicles? When answering this question, you may like to think about: · Is vehicle-based freedom camping an issue in your area? · Have you observed any specific issues? · Are there specific behaviours which impact on your use of local amenities/infrastructure? · What benefits does vehicle-based freedom camping provide for your region? |
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Freedom camping is a viable accommodation option in Tauranga due to a shortage of accommodation, especially around large events such as the AIMS games. We acknowledge that people who choose freedom camping as an accommodation option support our local economy much like other visitors that choose private accommodation. We have 25 designated reserves where freedom camping is permitted. Many of these locations are in prime beachfront and waterfront locations. In addition to the reserves, Tauranga allows freedom camping in some of our Council car parks and road reserves, with restrictions e.g. no freedom camping directly in front of a private residence or commercial/industrial premise. Due to concerns regarding littering, dumping of waste and defecating in public, the Tauranga City Council’s Freedom Camping Bylaw requires that freedom camping in Tauranga must be in a self-contained vehicle. The bylaw was reviewed in 2019.
We have issued the following infringements to freedom campers not using self-contained vehicles;
There has been an increase in people freedom camping in non-self-contained vehicles. Many of our reserves and car parks where freedom camping is permitted do not have access to toilets overnight as there are no toilets located in the area, or they are locked to prevent damage and anti-social behaviour. The predominate issue with freedom camping not occurring in self-contained vehicles are littering or dumping of waste and defecating in public. We receive multiple complaints of public defecation related to freedom campers.
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2.1 |
How much do you support the proposal to make it mandatory for vehicle-based freedom campers to use a certified self-contained vehicle? Please write a (Y) next to the option which applies to you |
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Strongly agree (Y) |
Agree |
Neutral |
Disagree |
Strongly disagree |
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2.2 |
Do you support this proposal? When answering this question, you may like to think about: · Do you consider this option will improve camper behaviour? · Will this option support or improve tourism outcomes in your region? · Will this option decrease pressure on the environment and local government infrastructure? · Are there impacts of this proposal that you are concerned about? |
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As our bylaw already requires all freedom camping to be in self-contained vehicles, we support this proposal. However, as we continue to have increasing issues with compliance regarding self-containment, we believe the positive impacts will be strongly reliant on improving the national standards for self-containment certification and buy-in from rental agencies. Anti-social behaviour such as littering, and defecation has been linked to non-self-contained vehicles but also self-contained vehicles which are not fit for purpose. The issue we have encountered with vehicles which meet the self-containment standards, is that the rental agencies are not incentivising those to use the onboard facilities. Further, the legislation is not currently robust enough to encourage compliance with being self-contained. We strongly believe that if it was, there would be a reduction in the number of incidents of antisocial behaviour. This proposal may deter some visitors travelling on a budget who are more likely to use non-self-contained or unsuitable self-contained vehicles not to visit. However, Tauranga has required freedom camping to be in self-contained vehicles for several years now, and we are not aware of this requirement deterring a significant number of visitors to Tauranga. NZ will still be an attractive location for backpackers so we believe that these travellers would most likely still come to NZ but consider other suitable accommodation options.
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2.3 |
How might this proposal impact you? When answering this question, you may like to think about: · Will this proposal increase or decrease the likelihood of you camping? · Will this proposal have a direct financial impact on you or your business? o If yes, please indicate if this is a personal or business expense and quantify how much you estimate it would impact you. · Will this option increase or decrease the attractiveness of visiting other regions in New Zealand? |
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This proposal would improve compliance with the rules thereby reducing infringement revenue. We still support this option as compliance is our main goal. We do not believe that this proposal would affect the attractiveness of visiting our city.
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2.4 |
What things should Government consider to implement this option? When answering this question, you may like to think about: · What exceptions should Government allow under this proposal? · Do you have any ideas about how this proposal could be implemented? · Should this option be considered alongside other options proposed in this discussion document? |
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This proposal should be closely aligned with a review of the current legislation. Freedom camping in Tauranga is already prohibited in non-self-contained vehicles but we see high levels of offending. More robust legislation would encourage compliance. |
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3.1 |
How much do you support the proposal to make it mandatory for freedom campers to stay in vehicles which are certified self-contained, unless they are staying at a site with toilet facilities (excluding public conservation lands and regional parks)? Please write a (Y) next to the option which applies to you |
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Strongly agree |
Agree |
Neutral (Y) |
Disagree |
Strongly disagree |
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3.2 |
Do you support this proposal? When answering this question, you may like to think about: · Do you consider this option will improve camper behaviour? · Will this option support or improve tourism outcomes in your region? · Will this option decrease pressure on the environment and local government infrastructure? · Are there impacts of this proposal that you are concerned about?
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Freedom camping in Tauranga is already prohibited in non-self-contained vehicles. We offer a mix of designated freedom camping locations, with and without, public toilet facilities. We believe this proposal would complicate the rules and also lead to disappointment with non-self-contained vehicles trying to use the locations with facilities which are already in high demand. It would also potentially raise the expectations of the public that those areas with toilets could be used for freedom camping, when for other reasons the area is not appropriate. It is our understanding that if this proposal was put forward, Councils can in their bylaws, require all freedom campers to be self-contained. In Tauranga we would still want the ability to require in our bylaw that all freedom campers to be self-contained regardless of whether it is near toilet facilities. |
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3.3 |
How might this proposal impact you? When answering this question, you may like to think about: · Will this proposal increase or decrease the likelihood of you camping? · Will this proposal have a direct financial impact on you or your business? o If yes, please indicate if this is a personal or business expense, and quantify how much you estimate it would impact you. · Will this option increase or decrease the attractiveness of visiting other regions in New Zealand? |
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As mentioned above, we already require freedom camping to be in a self-contained vehicle, and we are not aware of any significant decrease to visitor numbers due to this requirement.
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3.4 |
What things should Government consider to implement this option? When answering this question, you may like to think about: · What do you think is required to achieve this option? · What exceptions should Government allow under this proposal? · How far from toilet facilities should a person be able to freedom camp if not in a vehicle with a toilet? e.g., 100 metres, 200 metres? · Should this option be considered alongside other options proposed in this discussion document? |
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If this was to be implemented, national standardised signage should be implemented to clearly identify site specific requirements. If freedom camping was to be encouraged in areas which had toilet facilities, then financial assistance in providing more toilet facilities would be needed. Tauranga has a mixture of areas with and without toilet facilities, however, these facilities are not designed for freedom campers, but for those attending the beach or park etc. |
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4.1 |
How much do you support the proposals to improve the regulatory tools for government land managers? Please write a (Y) next to the option which applies to you |
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Strongly agree (Y) |
Agree |
Neutral |
Disagree |
Strongly disagree |
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4.2 |
Do you support this proposal? When answering this question, you may like to think about: · Are there any specific parts of this proposal you support or propose? · Do you consider this option will improve camper behaviour? · Will this option support or improve tourism outcomes in your region? · Will this option decrease pressure on the environment and local government infrastructure? · Are there impacts of this proposal that you are concerned about?
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We strongly support the proposal for a regulatory system and centralised database for self-contained vehicles, in conjunction with suitable national standards for self-containment certification. This would help Local Authorities manage the freedom camping activity and enforcement. Rental agencies need to be held accountable for ensuring payment of infringements when the vehicle is retuned. Currently the renter can just complete a statutory declaration with the rental agency, with the renter often having left the country before payment is required. We would support that the responsibility for the infringement stays with the rental agency provided they are given suitable notification (24 hours) of an infringement. Therefore, the fine can be recovered when the vehicle is returned. If not, the rental agency should remain responsible to pay the infringement. |
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4.3 |
How might this proposal impact you? When answering this question, you may like to think about: · Will this proposal increase or decrease the likelihood of you camping? · Will this proposal have a direct financial impact on you or your business? o If yes, please indicate if this is a personal or business expense, and quantify how much you estimate it would impact you. · Will this option increase or decrease the attractiveness of visiting other regions in New Zealand? |
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This proposal would in time increase compliance specifically by international visitors. We envisage that rental agencies would disclose the responsibility for any infringements incurred at the time the rental vehicle is collected thereby reducing the risk of a renter breaching the rules. This would be a similar approach to any other type of infringement a renter might receive whilst hiring a vehicle. We do not see how this would decrease the attractiveness of visiting NZ, as it would ensure compliance adding value for all visitors. |
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4.4 |
What things should Government consider to implement this option? When answering this question, you may like to think about: · What would you like to see in practice? · Should this option be considered alongside other options proposed in this discussion document? |
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It would be helpful if the data on self-contained vehicles could align with the NZTA ‘Motochek’ vehicle database, or be additional data contained on the database giving officers the ability to lookup real-time vehicle statuses as they currently do with Licence/Wof information. This would be compatible with our current systems which integrate with Motochek. |
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4.5 |
What would be an appropriate penalty? When answering this question, you may like to think about: · Should non-compliant vehicles be confiscated? If so, under what conditions? · If vehicles are confiscated, what conditions should be placed on returning the vehicle? · Should fines be similar to those for not holding a valid Warrant of Fitness for a motor vehicle? · What levels should fines be set at? · Who should collect a fine? |
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We would support an increase to the current $200 infringement fee as it has been shown internationally that higher penalties directly impact compliance levels. Ideally the fee should align with other LTA infringement schedules, but we note that these are also outdated, and in some circumstances, ineffective. We would support an increase up to $300.
We also support a staggered infringement regime to reflect the impact of the various offences e.g. $200 infringement for staying more than two nights and freedom camping outside a designated area, and a $300 infringement for freedom camping in a prohibited location, and freedom camping in a non-self-contained vehicle. There should also be a higher infringement for those displaying a false or fake self-containment certificate sticker.
We would support powers to remove vehicles being used illegally for freedom camping. A wider review of powers to remove vehicles under the LTA would be beneficial although outside the scope of this consultation.
As previously mentioned, rental agencies should be held accountable for fine collection and settlement with the Local Authority. Unpaid fines should also be dealt with at the border as people leave the country. We often hear that international visitors who owned vehicles during their stay do not see fines as a deterrent as there is no consequence once they leave NZ. |
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5.1 |
Do you think that the requirements for self-containment should be strengthened? Please write a (Y) next to the option which applies to you |
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Yes (Y) |
Neutral |
No |
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5.2 |
Is the current standard fit for purpose? When answering this question, you may like to think about: · Should there be a requirement that self-contained vehicles have fixed toilets? · Should there be specific reference to the types of vehicles that can be self-contained? |
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We strongly agree that the self-containment certification standards should be strengthened. Toilets should always be accessible and usable rather than being tucked away under beds and storage. Certain vehicle types that can currently be certified self-contained are not suitable. There should be a minimum requirement/threshold for a vehicle to be certified self-contained. |
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5.3 |
Who should certify to the Standard? When answering this question, you may like to think about: · Should any Plumber registered under the Plumbers, Gasfitters and Drainlayers Act 1976 be able to certify to the Standard, or should certifiers be separately recognised and licensed? · Once a vehicle has passed its initial certification, should other entities be able to re-certify it? |
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We do not have a position on who should certify the standard, except that it should be easily accessible for people to be able to obtain certification and that the certification was consistent nationally. Those that have the experience/knowledge regarding the needs for certification should undertake the work. |
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6.1 |
What transition arrangements should be in place? When answering this question, you may like to think about: · How long should Government give people to upgrade or dispose of their vehicles? · Should currently certified self-contained vehicles be exempt from any new rules? · Are there any other transition arrangements we should consider? |
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We consider 12 months is suitable for vehicle owners to upgrade or dispose of their vehicles. Given the number of vehicles in circulation that are currently self-contained, but not fit for purpose, we do not support an exemption from any new rules as this would negate the overall goal of reducing antisocial behaviour and promoting responsible camping. In terms of any review requirements for bylaws, there should be enough time (perhaps 2 years) for Councils to be able to review their bylaws to ensure consistency. Further, if the changes are minor i.e. updating the bylaw to ensure consistent with the new self-containment standard, this should be able to be done without triggering a review of the bylaw. |
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6.2 |
How could Government ensure vulnerable groups are not further disadvantaged? · Could Government make homelessness exempt from any new regulatory system? What might this look like? |
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In Tauranga we do not currently use the Freedom Camping Act or Bylaw to manage people who are genuinely experiencing homelessness. We support that consideration for leniency should be central government advice in these circumstances, but ultimately the Bill of Rights Act takes precedence in these circumstances.
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7.1 |
Is there anything else on the proposed changes or discussion document you would like to mention? |
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The continued assistance and access to the Responsible Camping Fund is important for ensuring ongoing compliance. Given the costs involved in enforcement, funding for more cameras etc has been helpful for Tauranga. The ability to recover fines from freedom campers is very low, approximately 30%, due to freedom campers leaving NZ. The Responsible Camping Fund assists with other ways of monitoring, and it would be disappointing to see the fund discontinued.
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10 May 2021 |
RESOLUTION TO EXCLUDE THE PUBLIC
14 Closing Karakia
