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AGENDA
Strategy, Finance and Risk Committee Meeting Monday, 16 August 2021 |
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I hereby give notice that a Strategy, Finance and Risk Committee Meeting will be held on: |
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Date: |
Monday, 16 August 2021 |
Time: |
10.30am |
Location: |
Tauranga City Council Council Chambers 91 Willow Street Tauranga |
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz. |
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Marty Grenfell Chief Executive |
Terms of reference – Strategy, Finance & Risk Committee
Membership
Chairperson |
Commission Chair Anne Tolley |
Deputy chairperson |
Dr Wayne Beilby – Tangata Whenua representative |
Members |
Commissioner Shadrach Rolleston Commissioner Stephen Selwood Commissioner Bill Wasley |
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Matire Duncan, Te Rangapū Mana Whenua o Tauranga Moana Chairperson Te Pio Kawe – Tangata Whenua representative Rohario Murray – Tangata Whenua representative Bruce Robertson – External appointee with finance and risk experience |
Quorum |
Five (5) members must be physically present, and at least three (3) commissioners and two (2) externally appointed members must be present. |
Meeting frequency |
Six weekly |
Role
The role of the Strategy, Finance and Risk Committee (the Committee) is:
(a) to assist and advise the Council in discharging its responsibility and ownership of health and safety, risk management, internal control, financial management practices, frameworks and processes to ensure these are robust and appropriate to safeguard the Council’s staff and its financial and non-financial assets;
(b) to consider strategic issues facing the city and develop a pathway for the future;
(c) to monitor progress on achievement of desired strategic outcomes;
(d) to review and determine the policy and bylaw framework that will assist in achieving the strategic priorities and outcomes for the Tauranga City Council.
Membership
The Committee will consist of:
· four commissioners with the Commission Chair appointed as the Chairperson of the Committee
· the Chairperson of Te Rangapū Mana Whenua o Tauranga Moana
· three tangata whenua representatives (recommended by Te Rangapū Mana Whenua o Tauranga Moana and appointed by Council)
· an independent external person with finance and risk experience appointed by the Council.
Voting Rights
The tangata whenua representatives and the independent external person have voting rights as do the Commissioners.
The Chairperson of Te Rangapu Mana Whenua o Tauranga Moana is an advisory position, without voting rights, designed to ensure mana whenua discussions are connected to the committee.
Committee’s Scope and Responsibilities
A. STRATEGIC ISSUES
The Committee will consider strategic issues, options, community impact and explore opportunities for achieving outcomes through a partnership approach.
A1 – Strategic Issues
The Committee’s responsibilities with regard to Strategic Issues are:
· Adopt an annual work programme of significant strategic issues and projects to be addressed. The work programme will be reviewed on a six-monthly basis.
· In respect of each issue/project on the work programme, and any additional matters as determined by the Committee:
· Consider existing and future strategic context
· Consider opportunities and possible options
· Determine preferred direction and pathway forward and recommend to Council for inclusion into strategies, statutory documents (including City Plan) and plans.
· Consider and approve changes to service delivery arrangements arising from the service delivery reviews required under Local Government Act 2002 that are referred to the Committee by the Chief Executive.
· To take appropriate account of the principles of the Treaty of Waitangi.
A2 – Policy and Bylaws
The Committee’s responsibilities with regard to Policy and Bylaws are:
· Develop, review and approve bylaws to be publicly consulted on, hear and deliberate on any submissions and recommend to Council the adoption of the final bylaw. (The Committee will recommend the adoption of a bylaw to the Council as the Council cannot delegate to a Committee the adoption of a bylaw.)
· Develop, review and approve policies including the ability to publicly consult, hear and deliberate on and adopt policies.
A3 – Monitoring of Strategic Outcomes and Long Term Plan and Annual Plan
The Committee’s responsibilities with regard to monitoring of strategic outcomes and Long Term Plan and Annual Plan are:
· Reviewing and reporting on outcomes and action progress against the approved strategic direction. Determine any required review/refresh of strategic direction or action pathway.
· Reviewing and assessing progress in each of the six (6) key investment proposal areas within the 2021-2031 Long Term Plan.
· Reviewing the achievement of financial and non-financial performance measures against the approved Long Term Plan and Annual Plans.
B. FINANCE AND RISK
The Committee will review the effectiveness of the following to ensure these are robust and appropriate to safeguard the Council’s financial and non-financial assets:
· Health and safety.
· Risk management.
· Significant projects and programmes of work focussing on the appropriate management of risk.
· Internal and external audit and assurance.
· Fraud, integrity and investigations.
· Monitoring of compliance with laws and regulations.
· Oversight of preparation of the Annual Report and other external financial reports required by statute.
· Oversee the relationship with the Council’s Investment Advisors and Fund Managers.
· Oversee the relationship between the Council and its external auditor.
· Review the quarterly financial and non-financial reports to the Council.
B1 - Health and Safety
The Committee’s responsibilities through regard to health and safety are:
· Reviewing the effectiveness of the health and safety policies and processes to ensure a healthy and safe workspace for representatives, staff, contractors, visitors and the public.
· Assisting the Commissioners to discharge their statutory roles as “Officers” in terms of the Health and Safety at Work Act 2015.
B2 - Risk Management
The Committee’s responsibilities with regard to risk management are:
· Review, approve and monitor the implementation of the Risk Management Policy, Framework and Strategy including the Corporate Risk Register.
· Review and approve the Council’s “risk appetite” statement.
· Review the effectiveness of risk management and internal control systems including all material financial, operational, compliance and other material controls. This includes legislative compliance, significant projects and programmes of work, and significant procurement.
· Review risk management reports identifying new and/or emerging risks and any subsequent changes to the “Tier One” register.
B3 - Internal Audit
The Committee’s responsibilities with regard to the Internal Audit are:
· Review and approve the Internal Audit Charter to confirm the authority, independence and scope of the Internal Audit function. The Internal Audit Charter may be reviewed at other times and as required.
· Review and approve annually and monitor the implementation of the Internal Audit Plan.
· Review the co-ordination between the risk and internal audit functions, including the integration of the Council’s risk profile with the Internal Audit programme. This includes assurance over all material financial, operational, compliance and other material controls. This includes legislative compliance (including Health and Safety), significant projects and programmes of work and significant procurement.
· Review the reports of the Internal Audit functions dealing with findings, conclusions and recommendations.
· Review and monitor management’s responsiveness to the findings and recommendations and enquire into the reasons that any recommendation is not acted upon.
B4 - External Audit
The Committee’s responsibilities with regard to the External Audit are:
· Review with the external auditor, before the audit commences, the areas of audit focus and audit plan.
· Review with the external auditors, representations required by commissioners and senior management, including representations as to the fraud and integrity control environment.
· Recommend adoption of external accountability documents (LTP and annual report) to the Council.
· Review the external auditors, management letter and management responses and inquire into reasons for any recommendations not acted upon.
· Where required, the Chair may ask a senior representative of the Office of the Auditor General (OAG) to attend the Committee meetings to discuss the OAG’s plans, findings and other matters of mutual interest.
· Recommend to the Office of the Auditor General the decision either to publicly tender the external audit or to continue with the existing provider for a further three-year term.
B5 - Fraud and Integrity
The Committee’s responsibilities with regard to Fraud and Integrity are:
· Review and provide advice on the Fraud Prevention and Management Policy.
· Review, adopt and monitor the Protected Disclosures Policy.
· Review and monitor policy and process to manage conflicts of interest amongst commissioners, tangata whenua representatives, external representatives appointed to council committees or advisory boards, management, staff, consultants and contractors.
· Review reports from Internal Audit, external audit and management related to protected disclosures, ethics, bribery and fraud related incidents.
· Review and monitor policy and processes to manage responsibilities under the Local Government Official Information and Meetings Act 1987 and the Privacy Act 2020 and any actions from the Office of the Ombudsman’s report.
B6 - Statutory Reporting
The Committee’s responsibilities with regard to Statutory Reporting relate to reviewing and monitoring the integrity of the Annual Report and recommending to the Council for adoption the statutory financial statements and any other formal announcements relating to the Council’s financial performance, focusing particularly on:
· Compliance with, and the appropriate application of, relevant accounting policies, practices and accounting standards.
· Compliance with applicable legal requirements relevant to statutory reporting.
· The consistency of application of accounting policies, across reporting periods.
· Changes to accounting policies and practices that may affect the way that accounts are presented.
· Any decisions involving significant judgement, estimation or uncertainty.
· The extent to which financial statements are affected by any unusual transactions and the manner in which they are disclosed.
· The disclosure of contingent liabilities and contingent assets.
· The basis for the adoption of the going concern assumption.
· Significant adjustments resulting from the audit.
Power to Act
· To make all decisions necessary to fulfil the role, scope and responsibilities of the Committee subject to the limitations imposed.
· To establish sub-committees, working parties and forums as required.
· This Committee has not been delegated any responsibilities, duties or powers that the Local Government Act 2002, or any other Act, expressly provides the Council may not delegate. For the avoidance of doubt, this Committee has not been delegated the power to:
o make a rate;
o make a bylaw;
o borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Plan (LTP);
o adopt the LTP or Annual Plan;
o adopt the Annual Report;
o adopt any policies required to be adopted and consulted on in association with the LTP or developed for the purpose of the local governance statement;
o adopt a remuneration and employment policy;
o appoint a chief executive.
Power to Recommend
To Council and/or any standing committee as it deems appropriate.
Strategy, Finance and Risk Committee Meeting Agenda |
16 August 2021 |
5 Confidential business to be transferred into the open
7.1 Minutes of the Strategy, Finance and Risk Committee Meeting held on 28 June 2021
8 Declaration of conflicts of interest
9.1 Amendments to the Use of Toxic Agrichemicals for Vegetation Management Policy
9.2 Resource Management Issues and Options for the Tauranga City Plan
9.3 Three Waters Reform Programme Update
9.6 Submission on changes to Māori and constituency processes
9.8 Infrastructure Acceleration Fund
9.9 2021 Q2 Health & Safety Report
9.10 Q4 2020/21 Final Quarter LGOIMA and Privacy Requests
9.11 Deep Dive - Capital Project Delivery
11.2 Corporate Risk Register - Quarterly Update
11.3 Internal Audit Report - Quarterly Update
16 August 2021 |
7.1 Minutes of the Strategy, Finance and Risk Committee Meeting held on 28 June 2021
File Number: A12681657
Author: Jenny Teeuwen, Committee Advisor
Authoriser: Robyn Garrett, Team Leader: Committee Support
That the Minutes of the Strategy, Finance and Risk Committee Meeting held on 28 June 2021 be confirmed as a true and correct record.
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1. Minutes of the Strategy, Finance and Risk Committee Meeting held on 28 June 2021
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28 June 2021 |
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MINUTES Strategy, Finance and Risk Committee Meeting Monday, 28 June 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 order of business
7 Confirmation of Minutes
7.1 Minutes of the Strategy, Finance and Risk Committee meeting held on 21 June 2021
8 Declaration of conflicts of interest
9 Business
9.1 Outline work programme for the Committee
9.2 Strategic Framework for Tauranga City Council
9.3 Sustainability Stocktake and Next Steps
9.4 Legislative Reform Update
9.5 Growth & Land Use Projects Progress Report - June 2021
9.6 Transport Strategy and Planning Progress Report - June 2021
9.10 Representation Review - Options for pre-engagement
9.7 Submission on the Infrastructure Commission's Draft Strategy
9.8 Three Waters Reform Programme Update
9.9 2021 Q2 Mental Health and Wellbeing
9.11 Audit New Zealand - report to the Commissioners on the audit of the LTP Consultation document 2021-31
10 Discussion of late items
11 Public excluded session
11.1 Cyber Security Update
12 Closing Karakia
MINUTES OF Tauranga City Council
Strategy, Finance and Risk Committee Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Monday, 28 June 2021 AT 10.30am
PRESENT: Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, Commissioner Bill Wasley, Dr Wayne Beilby, Mr Te Pio Kawe, Ms Rohario Murray, Mr Bruce Robertson and Ms Matire Duncan
IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Susan Jamieson (General Manager: People & Engagement), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy & Growth), Jeremy Boase (Manager: Strategy & Corporate Planning), Anne Payne (Strategic Advisor), Sarah Searle (Strategic Advisor), Andy Mead (Manager: City & Infrastructure Planning), Alistair Talbot (Team Leader: Transport Strategy & Planning), Ross Hudson (Strategic Advisor), Carlo Ellis (Manager: Strategic Maori Engagement), Steve Burton (Director of City Waters), Angelique Fraser (Health & Safety Change Manager), Kathryn Sharplin (Manager: Finance), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Raj Naidu (Committee Advisor) and Jenny Teeuwen (Committee Advisor)
1 Opening Karakia
Commissioner Shadrach Rolleston opened the meeting with a karakia.
2 Apologies
Nil
3 Public forum
Nil
Nil
5 Confidential business to be transferred into the open
Nil
Nil
7.1 Minutes of the Strategy, Finance and Risk Committee meeting held on 21 June 2021 |
Committee Resolution SFR3/21/1 Moved: Commissioner Bill Wasley Seconded: Mr Bruce Robertson That the minutes of the Strategy, Finance and Risk Committee meeting held on 21 June 2021 be confirmed as a true and correct record, with the following correction: (a) Item 9.1 – Representation Review – reference to STV being effective with larger numbers referred to multi member wards rather than numbers of voters. Carried |
8 Declaration of conflicts of interest
The following conflicts of interest were declared:
(a) Ms Rohario Murray declared a conflict of interest in relation to item 9.4 – Legislative Reform Update, as she was an employee of the Ministry for the Environment.
(b) Commissioner Shadrach Rolleston declared a conflict of interest in relation to item 9.4 – Legislative Reform Update, as he was currently a contractor for the Ministry for the Environment.
Marty Grenfell, Chief Executive, reported that due to timeframes, the Non-Financial Monitoring Report was not included in the agenda. This report would be made publicly available on Tauranga City Council’s (TCC) website for the Committee to refer to. The next Non-Financial Monitoring Report would be reported back to the Committee as part of the Annual Report.
Staff Christine Jones, General Manager: Strategy and Growth Jeremy Boase, Manager: Strategy & Corporate Planning
At 10.39am, Te Pio Kawe entered the meeting.
Questions and discussion points · The matters included in the work programme were not currently listed in priority order. It was suggested that in the next report, some of the key early priorities be listed first and then the reminder of the list phased down from there. · The environment strategy was a refresh and update of work done earlier. · It was suggested that a risk analysis for the next elections be included in the work programme for discussion by this Committee around the end of the March quarter. · The Marine Strategy included the Marine Precinct. · The Wairoa River strategy was a separate joint piece of work with Western Bay of Plenty District Council (WBOPDC) and Bay of Plenty Regional Council (BOPRC). |
Committee Resolution SFR3/21/2 Moved: Commission Chair Anne Tolley Seconded: Commissioner Stephen Selwood That the Strategy, Finance and Risk Committee receives the outline work programme for the Committee per Attachment 1, and requests that staff provide a revised version to the next meeting of the Committee, taking into account any feedback during or subsequent to the meeting, and including any responses provided to the Long-Term Plan (LTP) submissions. Carried |
Staff Christine Jones, General Manager: Strategy and Growth Jeremy Boase, Manager: Strategy & Corporate Planning Anne Payne, Strategic Advisor
Questions and discussion points · It was suggested that a short and sharp city vision consultation be undertaken along the lines of Christchurch’s “Share an idea” engagement process. This approach might reach a broader audience in a reasonably compressed timeframe. It was important to get alignment and traction for the vision of the city with the wider community and not just groups of interest. Any engagement must be meaningful and needed to be carried through. · It was suggested that care be given to the use of the phrase “out of scope” as this suggested that what was out of scope was not up for discussion. · It was also suggested that the term “Strategic Framework” may not capture the interest of the intended audience. · An external reference group of some kind would be needed. It was expected that some or all of those on the City Futures governance group may flow through to the new group. · Measures for what success looked like were important. The community needed to be able to identify with a goal, a target, a measure and an outcome that they could align to. · Time constraints were a concern particular in terms of engaging with Tangata Whenua. · It was noted that TCC had a large resource to use, while some iwi did not, and it was a challenge for them to respond in a meaningful way to any engagement/consultation. · A key message received from all groups that TCC were working with was that they were keen to participate but wanted assurance that something would come from it. |
Committee Resolution SFR3/21/3 Moved: Dr Wayne Beilby Seconded: Mr Bruce Robertson That the Strategy, Finance and Risk Committee: (a) Supports a focussed Council-led approach to the development of a city vision, drawing on information received through prior engagement processes and seeking further community input through a further defined engagement process. (b) Approves a strategic framework refresh for Tauranga City Council, building on existing strategies, plans and information received through prior engagement processes, and identifying and filling key gaps in the existing strategic framework. (c) Approves the previously planned multi-partner citywide City Futures Project being superseded by the strategic framework refresh for Tauranga City Council, with elements of the City Futures Project being incorporated into the latter project as noted in this report. (d) Recognises and sincerely thanks contributors to the City Futures Project to date for their time and input. Members of the governance group and the wide range of workshop participants have provided valuable insights that will be used as input to Tauranga City Council’s strategic framework refresh work. Carried |
Staff Christine Jones, General Manager: Strategy and Growth Jeremy Boase, Manager: Strategy & Corporate Planning Sarah Searle, Strategic Advisor
Questions and discussion points · A mixture of desktop research and speaking with other councils in New Zealand had been undertaken, looking to benchmark against councils of a similar size. One of the key findings was that TCC was one of the few councils that did not have a dedicated statement around climate change and how that was being approached. · Although challenging in some places, in terms of how TCC was perceived by some key stakeholders, the report was a great platform to move forward from. · If the proposed approach was approved, engagement plans and governance structures would be created and brought back to a future meeting of this Committee for direction. · As an organisation, TCC needed to take the lead and show leadership in this space. · The lens that Tangata Whenua had regarding sustainability was important. · The performance snapshot on page 49 provided a good baseline. It was suggested that care be given to the placement of some of the terms around marae, and reference to the Tangata Whenua of Tauranga Moana be included. |
Committee Resolution SFR3/21/4 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Strategy, Finance and Risk Committee: (a) Receives this report and the attached Sustainability Stocktake. (b) Endorses the approach and next steps for development of the council’s sustainability framework as outlined in this report. Carried |
Staff Christine Jones, General Manager: Strategy and Growth Jeremy Boase, Manager: Strategy & Corporate Planning
Questions and discussion points · It was important that oversight of the reforms was not lost in the overall work programme. · There was concern that the reforms, while necessary, were not being managed in a connected and co-ordinated manner. · It was requested that the Committee be updated regularly on the legislative reforms as things were likely to change. · The timeframes were a risk and the organisation needed to be nimble while continuing with the work programme. |
Committee Resolution SFR3/21/5 Moved: Commissioner Bill Wasley Seconded: Commission Chair Anne Tolley That the Strategy, Finance and Risk Committee receives the report titled ‘Legislative Reform Update’. Carried |
Staff Christine Jones, General Manager: Strategy and Growth Andy Mead, Manager: City & Infrastructure Planning
A copy of the tabled map for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this committee meeting. Questions and discussion points · The changes from the freshwater reform needed to be known to complete technical reporting and to finalise the identification of protected areas. Once draft provisions were notified, how and what progress could be made would be known. Progress on how this was looking would be reported back to the next meeting of this Committee. · A project plan for the spatial planning for Otumoetai/Brookfield/Mount/Arataki areas would be similar to the plan for Te Papa. The Otumoetai/Brookfield spatial plan was likely to be first. · The SmartGrowth joint spatial plan tied together all the information that already existed and identified gaps, so a consultative process was not required. · An update of the Tauriko West urban area structure planning and the proposed direction for key issues would be provided later in the year. · Development feasibility work for intensification had already been done so there was a good understanding of the cost structure and prices required to make those types of projects viable. · The Te Puna greenfield area had been identified by the Urban Form and Transport Initiative (UFTI) for possible development post 30 years. The Committee would be updated on the UFTI work done for this at the next meeting. · The Tauriko West planning strategy included a green corridor between the river and where the urban development started. It had been identified that the river edge needed to be protected in a much broader way than just a standard 20 metre esplanade strip and this would be updated as planning work progressed. · Growth areas had already been signalled with iwi and hapu through Smartgrowth and the UFTI work. |
Committee Resolution SFR3/21/6 Moved: Commissioner Stephen Selwood Seconded: Dr Wayne Beilby That the Strategy, Finance and Risk Committee receives the Growth & Land Use Projects Progress Report – June 2021. Carried |
Attachment 1 Tabled map - Tauranga Urban Growth |
9.6 Transport Strategy and Planning Progress Report - June 2021 |
Staff Christine Jones, General Manager: Strategy and Growth Andy Mead, Manager: City & Infrastructure Planning Alistair Talbot, Team Leader: Transport Strategy & Planning
In response to questions, suggestions and discussion points · Concern was expressed that the emphasis was still on business cases, in particular for the SH29/Tauriko, Hewletts/Totara/Hull, and Turret Road/15th Ave projects. There seemed little prospect of these projects being delivered within the next ten years. Staff were looking to work as efficiently as possible through the business case process for those projects and continued to look at what could be done in the interim. It was suggested that perhaps alternative funding mechanisms needed to be found to make these projects happen sooner. Private financing with revenue streams to repay debt was suggested. · TCC was currently awaiting an update from the Ministry of Transport in regards to the investigation for a rapid rail link to Tauranga. · The Takitimu North Link (TNL) stage two had included a new highway out to Omokoroa with an interchange at Omokoroa; however, Waka Kotahi now had no funding to deliver that project. There were no short to medium term replacement improvements for the intersection. Active discussions were underway between WBOPDC and Waka Kotahi to find a solution. |
Committee Resolution SFR3/21/7 Moved: Commissioner Bill Wasley Seconded: Ms Rohario Murray That the Strategy, Finance and Risk Committee receives the Transport Strategy and Planning Progress Report – June 2021. Carried |
At 12.33pm, the meeting adjourned.
At 1.16pm, the meeting resumed.
Item 9.10 - Representation Review - Options for pre-engagement, was taken next, as Donald Riezebos, Principal Advisor to Local Government Commission, who was attending via video link, was only available at that time.
Staff Susan Jamieson, General Manager: People & Engagement Carlo Ellis, Manager: Strategic Māori Engagement Coral Hair, Manager: Democracy Services External Donald Riezebos, Principal Advisor to Local Government Commission (via video link)
A copy of the staff presentation and tabled map for this item can be viewed on Tauranga City Council’s website in the Minutes Attachments document for this committee meeting. In response to questions, suggestions and discussion points · An “at large” type option that was one general ward with up to 10 councillors, plus one Māori ward would be compliant; however, the downside to this was that voters on the general roll would be able to vote for up to 10 councillors while those on the Māori roll could only vote for the one Māori ward councillor. · Trends indicated that there were very few councils taking up a completely at large system; around half a dozen councils had a mixed system, but the large majority had an all ward system. · All proposed options had the number of councillors increasing. It was suggested that there needed to be at least one option where the number of councillors was the same as currently, plus one Māori ward councillor. · Electors only had the option to move from one roll to another every six years. There would be no opportunity for this prior to the next election. · It was suggested that the extra numbers required for Judea/Brookfield under Option 2B be taken from Otumoetai/Matua rather than Te Papa to keep the boundaries better in line with the State Highway. · There was general consensus for four options to be presented for public consultation. · A question regarding community boards would be included in the public consultation. · The options for public consultation would be approved by council on 12 July, with public consultation beginning on 15 July. · Iwi and hapu boundaries had been taken into consideration for Option 2B. · The possibility of changes to ward names would be part of the community consultation. |
Committee Resolution SFR3/21/8 Moved: Commission Chair Anne Tolley Seconded: Commissioner Stephen Selwood That the Strategy, Finance and Risk Committee recommends that the Council approves the following options for pre-engagement with the community on the representation arrangements for the 2022 election, subject to compliance: a) Option 1: 10 Councillors – 7 from 3 general wards, 1 Māori ward councillor and 2 at large councillors. b) Option 2A: 12 councillors – 11 from 6 general wards, 1 Māori ward councillor. c) Option 2B: 12 councillors – 11 from 11 general wards and 1 Māori ward councillor, with an adjusted Brookfield/Judea ward boundary. d) Option 3: 10 councillors – 1 general ward with 9 councillors and 1 Māori ward councillor. Carried |
Attachments 1 Presentation - Representation Review 2 Map - Option 2B |
Item 9.7 was taken next.
9.7 Submission on the Infrastructure Commission's Draft Strategy |
Staff Christine Jones, General Manager: Strategy and Growth Ross Hudson, Strategic Advisor
Questions and discussion points · The following changes were suggested: - C2:5 – TCC should push back on this and highlight the risks of having six different Acts and the need for a more joined up legislative planning law Local Government reform agenda. - Add in that spatial planning needed to be locked into local, regional or central government funding. |
Committee Resolution SFR3/21/9 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Strategy, Finance and Risk Committee endorses the draft submission to the Infrastructure Commission’s draft strategy ‘Infrastructure for a Better Future’, incorporating amendments agreed at this meeting. Carried |
Staff Nic Johansson, General Manager: Infrastructure Carlo Ellis, Manager: Strategic Māori Engagement Steve Burton, Director of City Waters
Questions and discussion points · The Mayors, CEs and staff of 16 councils had been working together to present a collective case to the Minister. There was confidence that TCC was in step with Tangata Whenua but this was not consistent across all of the 16 councils. · An announcement was expected on Wednesday of this week. · There was concern regarding stormwater as it was an essential part of a city’s design and would be difficult managed from a distance. · It was important that Tangata Whenua were able to continue to monitor consents through advisory groups post the reforms. · There was good alignment amongst the 16 councils to make the transition process happen. |
Committee Resolution SFR3/21/10 Moved: Mr Bruce Robertson Seconded: Commissioner Bill Wasley That the Strategy, Finance and Risk Committee: a) Receives the report; and b) Endorses TCC’s continued involvement in the collaborative workstreams being undertaken by the Waikato/Bay of Plenty Three Waters Reform Consortium (WaiBoP), the intent of which is to be an “early adopter” of a multi-regional water entity approach. Carried |
Staff Susan Jamieson, General Manager: People & Engagement Angelique Fraser, Health & Safety Change Manager
In response to questions, suggestions and discussion points · It was suggested that TCC look at some kaupapa Māori mental health and wellbeing models. · The one-off snapshot survey was by Local Government New Zealand (LGNZ) and was specific to mental health and wellbeing. TCC would undertake a much broader survey in September that would have elements of those types of questions to enable some benchmarking. · There was a raft of initiatives planned, including mental health advocates who would be trained in mental health first aid. · TCC’s overall survey score of 68% was middle of the road for the participating councils. · It was acknowledged that stable governance had made a difference to the wellbeing of the Executive Team and staff. It was suggested that this trend needed to be seen in the report. |
Committee Resolution SFR3/21/11 Moved: Commissioner Shadrach Rolleston Seconded: Commissioner Stephen Selwood That the Strategy, Finance and Risk Committee receives the report: 2021 Q2 Mental Health and Wellbeing. Carried |
Staff Paul Davidson, General Manager: Corporate Services Kathryn Sharplin, Manager: Finance |
Committee Resolution SFR3/21/12 Moved: Dr Wayne Beilby Seconded: Commissioner Stephen Selwood That the Strategy, Finance and Risk Committee: (a) Receives the report from Audit New Zealand on the audit of the 2021-31 LTP consultation Document. (b) Notes the audit findings to be taken into account in preparation of the final LTP. Carried |
Nil
RESOLUTION TO EXCLUDE THE PUBLIC
Committee Resolution SFR3/21/13 Moved: Ms Rohario Murray Seconded: Mr Bruce Robertson That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
Carried |
At 2.48pm, the meeting resumed in the open session.
12 Closing Karakia
Commissioner Shadrach Rolleston closed the meeting with a karakia.
The meeting closed at 2.49pm.
The minutes of this meeting were confirmed as a true and correct record at the Strategy, Finance and Risk Committee meeting held on 16 August 2021.
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CHAIRPERSON
16 August 2021 |
16 August 2021 |
9.1 Amendments to the Use of Toxic Agrichemicals for Vegetation Management Policy
File Number: A12395409
Author: Emma Joyce, Policy Analyst
Paul Dunphy, Delivery Manager
Authoriser: Gareth Wallis, General Manager: Community Services
Purpose of the Report
1. To approve amendments to the Use of Toxic Agrichemicals for Vegetation Management Policy (the policy) (attachment one).
That the Strategy, Finance and Risk Committee: (a) Receives the Amendments to the Use of Toxic Agrichemicals for Vegetation Management Policy report. (b) Agrees to amend the Use of Agrichemicals for Vegetation Management Policy by: (i) Replacing the current provision requiring Council to approve amendments to ‘Schedule 1 – List of Approved Products’, with a provision that amendments to Schedule 1 can be made where staff and TAAF agree. (ii) Adding a provision that approval of the Chief Executive is required for amendments to ‘Schedule 1 – List of Approved Products’ where staff and TAAF disagree. (iii) Adding a provision to allow for trials of new agrichemicals to determine efficiency and effectiveness of a product in controlling unwanted vegetation. (iv) Requiring TAAF to provide input into the objectives, parameters and timeframes for any trial of a new agrichemical. (v) Deleting references to all signage provisions except a statement noting compliance with regional air rules. (vi) Deleting references to “toxic” from the policy. (vii) Revising the layout of Schedule 1 to the policy to better illustrate that a common product name is provided as a reference only and Council may use a different product name with the same active ingredient. (viii) Revising Schedule 1 to allow oxadiazon to be used on Links Avenue Reserve for the purposes of completing the trial and delete the reference in Schedule 1 of the policy to oxadiazon only being used in the 2018/2019 financial year. |
Executive Summary
2. The Projects Services and Operations Committee (PSOC), upon the recommendation of staff and Council’s Toxic Agrichemicals Advisory Forum (TAAF), requested a review of the policy in late 2020. Work on the review commenced in early 2021 with discussions held with TAAF and key staff to identify any issues with the current policy.
3. Staff and TAAF agreed that the policy remains fit for purpose and there was no cause for a major review of the policy. While the policy mandates a more precautionary approach to agrichemical use than other local authorities, council’s overall approach to agrichemical use remains consistent with other councils. This report recommends some minor amendments to the policy to allow for increased operational efficiency and to reflect recent changes in regional rules for agrichemical use.
4. A copy of the policy with recommended amendments showing as tracked changes is appended as Attachment One.
Background
5. The primary objective of the policy is to protect the public health of Tauranga residents through implementing controls on agrichemicals used to control weeds and manage unwanted vegetation. Other objectives are the protection of the environment from agrichemical use and enabling council to undertake effective vegetation management.
6. Recognising that agrichemicals can have a harmful impact on people and the environment, the policy ensures Council takes a precautionary approach (“prudent avoidance”) to the use of agrichemicals by limiting agrichemicals to those on the list of approved products (Schedule 1). The policy also mandates TAAF to represent community views on agrichemicals use and requires staff to seek feedback from TAAF before recommending to Council any amendments to schedule 1.
7. The policy has been reviewed once (in 2014) since its adoption in 2009. The finding of that review was the policy was fit for purpose but recommended some changes to internal processes to support better record keeping, and to implement a standard procedure for determining if a product should be added or removed from the schedule of approved products. New products have been added to the schedule almost annually since 2014.
8. Staff supported TAAF’s request for a review of the policy through their 2020 annual report to PSOC. The review commenced in early 2021 with a series of focused discussions with staff and TAAF to identify any areas where the policy was not achieving its objective to protect public health or impacting on council’s ability to undertake vegetation management and weed control. Staff also reviewed policies and practices of other local authorities to identify any inconsistences with this council’s policy. As in 2014, Tauranga’s policy was found to be broadly similar to that of other councils but exhibited a stronger precautionary approach.
9. TAAF contacted staff in March 2021 requesting that the policy review not be progressed. They noted that that there were no major issues with the policy, that amendments to Schedule 1 do not require a full policy review, and that the community would be busy preparing submissions to the draft long-term plan.
10. In general, staff agreed that there are no issues driving a major review of the policy. Staff supported retention of the policy as it ensured the community had visibility over weed control and vegetation management practices. However, there are minor amendments to the policy that would make it more efficient for operational staff. Issues for consideration through this policy review are as follows:
· allowing products to be added to Schedule 1 where staff and TAAF are in agreement without seeking Council approval;
· providing for trials of new products;
· signage provisions in the policy;
· requirements for notification of intended agrichemical use; and
· removing use of the word “toxic”.
11. This draft report and the draft policy were provided to TAAF for their feedback and comment. This feedback is appended as Attachment Two and incorporated into the discussion where relevant.
Strategic / Statutory Context
12. Councils across New Zealand are interested in ways to reduce the use of agrichemicals. This Council supported a 2019 remit to the Local Government New Zealand conference on reduction of agrichemical use.
13. The Environmental Protection Agency (EPA) is statutorily responsible for approving all agrichemicals used in New Zealand.
Options Analysis
Issue 1: Process for amending Schedule 1 (list of approved products)
14. At present, Council (or the relevant Committee) is required to approve all additions or deletions to Schedule 1 following consideration of advice from TAAF and staff. The draft policy amendment suggests that the schedule can be updated where TAAF and staff agree to a proposed addition or deletion to schedule 1.
15. The amendment is 5.3.2 of the draft policy.
16. Table 1 below outlines the advantages and disadvantages of proceeding with the amendment or retaining the status quo.
Issue 1.1 – Amendments to schedule 1 where staff and TAAF agree
|
Option |
Advantages |
Disadvantages |
1.1.1 |
Amendments to Schedule 1 can be made where staff and TAAF agree (Recommended) |
· Better reflects the operational nature of the decision. · Supported by TAAF as reduces burden of reporting to Council. · Consistent with other councils.
|
· May not provide assurance of governance oversight of agrichemical use. |
1.1.2 |
All amendments to Schedule 1 require Council approval (status quo) |
· Provides assurance of governance oversight of agrichemical use. |
· Operational decision made at governance level. · Inconsistent with other councils to seek governance approval for operational matter. |
Issue 1.2 – Amendments to schedule 1 where staff and TAAF disagree
17. Should Council agree to option 1.1.1 above, the policy needs to outline a process when staff and TAAF disagree on amendments to Schedule 1. This decision could be delegated to the Chief Executive as an operational matter, or retained by Council to be consistent with the current policy.
|
Option |
Advantages |
Disadvantages |
1.2.1 |
Decision on amendments where staff and TAAF disagree delegated to Chief Executive. (recommended)
|
· Better reflects the operational nature of the decision. · Consistent with other councils. |
· Not supported by TAAF. · No governance oversight of new products added to Schedule 1. |
1.2.2 |
Decisions on amendments to Schedule 1 where staff and TAAF disagree made by Council (or committee with delegated authority) (status quo) |
· Provides assurance of governance oversight of agrichemical use. · TAAF’s preference is to have Council approve amendments to Schedule 1 where there is disagreement between staff and TAAF. · Consistent with current policy. |
· Operational decision made at governance level. · Inconsistent with other councils to seek governance approval for operational issue. |
18. There are no changes proposed to the criteria (outlined at clause 5.3.4) used to assess whether a product should be added or removed from Schedule 1. Consideration must be given to any or all seven criteria before determining if a product should be added to or removed from Schedule 1. Provision (clause 5.3.5) is retained in the policy for products to be approved subject to certain conditions, such as only using a certain application method or only to control a specific plant pest.
Issue 2: Trials
Issue 2.1 – Providing for trials
20. There are three options Council could consider in determining whether to allow for trials of products (noting only EPA approved products are permitted to be used).
· provide for trials with assessment based only on effectiveness and efficiency in controlling unwanted vegetation; or
· provide for trials with assessment based on effectiveness and efficiency in controlling unwanted vegetation and information on human health effects; or
· do not provide for trials (status quo).
21. Table 2 outlines the advantages and disadvantages of providing for trials in the policy or retaining the status quo.
|
Option |
Advantages |
Disadvantages |
2.1.1 |
Add provision to the policy allowing for trials of products to determine effectiveness and efficiency in controlling unwanted vegetation. (recommended) |
· Ensures the policy allows flexibility to trial potentially more efficient, cost effective products before seeking addition to Schedule 1. · Aligns with policy objective to enable effective vegetation management. · Recognises the responsibility of the EPA to identify any human health effects. · Allows for optimisation of reserves (particularly active reserves) resulting in less turnaround time between seasons. · Containment of defined trial area can be controlled to address access or time concerns if required. |
· Not supported by TAAF. |
2.1.2 |
Add provision to the policy allowing for trials of products to determine effectiveness and efficiency in controlling unwanted vegetation and human health effects.
|
· Supported by TAAF. · More in line with the principle of prudent avoidance and protection of public health. |
· Scientific testing for human health effects outside Council’s operational scope (human health effects addressed by EPA). · High costs of testing. |
2.1.3 |
Do not provide for trials of new products in the policy. (status quo) |
· In line with principle of prudent avoidance. |
· Requires staff and TAAF to undertake full process to add a product to schedule for limited trial. · Not allowing trials potentially limits time available for sports turf due to turnaround times between seasons. · Council may miss opportunities to trial products that are lower cost, more effective, or supporting sustainability objectives. · Ability to optimise the use of available community space may be lost. · Potential that Council does not meet policy objective to provide for effective vegetation management. |
Issue 2.2 – TAAF approval of trial objectives and parameters
22. The draft policy provides for TAAF to have input into the objectives, parameters and timeframes of trials (draft provision 5.2.3). However, there is no requirement for TAAF to approve a trial. While TAAF note their support for trials, their preference is that the policy requires their approval before proceeding with trial.
|
Option |
Advantages |
Disadvantages |
2.2.1 |
Require TAAF approval for all trials. |
· Reflects intention of policy for decisions on agrichemical use to be made collaboratively with TAAF.
|
· Some trials supported by staff may not proceed. |
2.2.2 |
TAAF to only have input into the objectives, parameters and timeframes of the trial. (recommended) |
· Ensures TAAF have reasonable input into decisions about trials.
|
· Trials may go ahead without TAAF support. · TAAF’s preference is that the parameters (particularly time limits) are agreed with them before proceeding. |
Issue 3 – Signage
23. The attached draft policy removes the current signage provisions requiring signage advising of recent spraying to remain in place for a minimum of 48 hours after application. Reference is retained to requiring compliance with regional rules set through the Regional Natural Resources Plan (Plan Change 13 – Air Quality). Signs are required to remain in place while spraying is in progress, until all airborne spray has settled, and the agrichemical has dried on its target surface. All signs must be removed within five days.
24. The current provision for signs requires them to remain in place for a minimum of 48 hours after applications. While this is in line with the overall precautionary nature of the policy, it is more efficient for contractors to remove signs once spraying is concluded or within 24 hours.
25. There are two options available to the Council – remove signage provisions noting that the regional rules apply or to retain the current provisions.
|
Option |
Advantages |
Disadvantages |
3.1 |
Remove all signage provisions from the policy except for reference to compliance with regional rules. (recommended) |
· Achieves compliance and consistency with regional rules. · More operationally efficient to remove signs within 24 hours of application. · Minimises risk of casual visitors assuming agrichemical application is ongoing, or area remains unsafe. |
· Not supported by TAAF. · May be considered not in line with the overall precautionary nature of the policy.
|
3.2 |
Retain current signage provisions, including requirement for signs to be in place for 48 hours after spraying.
|
· Maintains awareness that agrichemicals have recently been used. · Achieves compliance with regional rules. · TAAF preference is to retain current rules.
|
· Inconsistent with regional rules (i.e. more demanding than regional rules). · Casual visitors may assume agrichemical application is ongoing or area remains unsafe. · Operationally inefficient.
|
Issue 4 – Use of “toxic”
26. Staff note that the use of toxic is redundant as most agrichemicals are by definition toxic to vegetation. It is also highly emotive language. Council could choose to retain or delete the references to toxic.
|
Option |
Advantages |
Disadvantages |
5.1 |
Delete references to “toxic” from the policy. (recommended) |
· Consistent with other councils.
· Removes redundant and emotive language from the policy. |
· Nil |
5.2 |
Retain references to “toxic” in the policy (status quo). |
· TAAF prefer to retain “toxic” in line with overall precautionary nature of the policy. |
· Inconsistent with other councils. · Use of redundant and emotive language. |
Other matters
27. In 2018, the Environment Committee approved a trial of oxadiazon for use on Blake Park and Oceandowns Reserve by amending Schedule 1 to allow for the product to be used until 2020. The trial sought to identify if using the pre-emergent to control weed species would enhance the establishment of warm season grasses. Developing more active reserves with warm season grasses addresses climate change effects (drought resistance) and supports sustainability objectives. Although there is evidence of public health effects of pre-emergent in food crops, TAAF supported a trial that would determine if the product behaved as predicted by the manufacturer, in a local context and when used on sports turf fields. The cost of the trial of oxadiazon at three reserves was approximately $70,000 excluding GST.
28. Schedule 1 currently notes that oxadiazon can only be used during the 2018/2019 financial year in two reserves. However, the Oceandowns development was delayed a year requiring the product to be used outside that time period. With the agreement of TAAF, the trial of this product was extended to Links Avenue Reserve. It is recommended that the schedule be updated to confirm the use of oxadiazon at Links Avenue Reserve and to delete reference to the financial year.
29. The layout of Schedule 1 has been altered so that the column providing an example product name is not placed first. This makes it clearer to the casual reader of the policy that other product brand names may be used where the active ingredient is the same. This statement has previously been captured as a footnote. The change in layout is supported by TAAF.
30. Under new regional rules, a notice on Council’s website meets requirements for public notice of agrichemical use. As such, the policy has been updated to reflect this change. However, the policy continues to note the option of additional notification channels to acknowledge other methods people can receive information.
31. Where necessary, references used in the policy have been updated to reflect changes in the title and definitions used in applicable Bay of Plenty Regional Council plans.
Financial Considerations
32. There are no financial considerations arising from the recommended options.
Legal Implications / Risks
33. There are no legal implications or other risks arising from the recommended options.
Consultation / Engagement
34. Staff first met with TAAF in March 2021 to discuss the policy review and got an initial understanding of the issues they wanted considered through a review. A follow up email from TAAF indicated that they did not see a full review as being necessary with issues around signage and amendments to schedule 1 able to be actioned outside a review process.
35. A copy of this report and the draft policy were provided to TAAF for feedback in late May 2021. Their views are incorporated above and provided as attachment two.
36. No other external consultation or engagement was undertaken.
Significance
37. 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.
38. 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, proposal, decision, or matter
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
39. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issues addressed, and recommendations made, in this report are of low significance. However, it is acknowledged that agrichemical use, particularly glyphosate, is of high significance to many in our community.
ENGAGEMENT
40. Taking into consideration the above assessment that the issues are of low significance, staff are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
41. The policy will be amended in accordance with the decisions made at this meeting.
42. Council is currently reviewing how it supports community advisory groups. Subject to the outcomes of that review, there may be a requirement to review the role of, and Council support to TAAF.
1. Use of
Agrichemicals for Vegetation Policy 2021 (draft June 2021) - A12639300 ⇩
2. TAAF Commentary
on 2021 policy review - A12633828 ⇩
16 August 2021 |
9.2 Resource Management Issues and Options for the Tauranga City Plan
File Number: A12608002
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 endorse options to engage with stakeholders, tāngata whenua and the community on key issues identified previously by Council as part of the City Plan Review or future plan changes should the City Plan Review not proceed.
That the Strategy, Finance and Risk Committee: (a) Receives the Resource Management Issues and Options for the Tauranga City Plan report. (b) Endorses the options to be considered for key resource management issues for the City Plan set out in Attachment 1. (c) Notes that options to address each key issue will be included in a discussion document seeking community, tāngata whenua and stakeholder feedback and may be altered or amended in respect of feedback received.
|
Executive Summary
2. The next Tauranga City Plan will address an array of issues in accordance with the requirements of the Resource Management Act 1991 (RMA), national policy direction and the National Planning Standards 2019. As part of the City Plan Review process key issues were identified by the previous Council and through key stakeholder feedback.
3. There is significant uncertainty around whether the City Plan review will be completed due to the current resource management reforms. Should this be the case, this preliminary issues and options work on key issues would be utilised instead to consider future plan changes and the development of a new (likely regional) plan under the proposed Natural and Built Environments Act.
4. Issues and options papers have been prepared to confirm options to be considered for each key issue, where Council has a choice as to whether and how the City Plan might address that issue. In some cases a combination of options may be appropriate.
5. This report seeks endorsement of options for these key issues, included as Attachment 1. These key issues and options will be included in a discussion document for engagement in October 2021. Feedback received through engagement will inform Council’s direction on these issues.
6. At this point, staff are not seeking direction on the preferred option for each issue, but confirmation of the options that have been identified. Staff will come back to the Committee following the completion of stakeholder, tāngata whenua and community engagement to seek direction on next steps.
Background
7. The Urban Form and Transport Committee approved a list of key issues for the City Plan review at its meeting on 24 November 2020, following a Council workshop held on 23 September 2020. The key issues cover the areas of managing growth, built environment, natural environment and sustainability, cultural values and infrastructure.
8. Each of the key issues identified is categorised into the following three groups:
(a) Significant or complicated issues where Council has discretion on how to address the issue, or the role of the City Plan is unclear. In some cases, progressing a particular option may require unbudgeted investigation or technical work.
(b) Other issues where Council also has discretion on how to address the issue, and whether the City Plan has a role.
(c) Issues where Council has no option, such as managing natural hazard risk, with direction set through national and/or regional policy.
9. Options papers for each of the issues under group ‘a’ and ‘b’ above have been prepared and included as Attachment 1. This is to assist in further investigation and technical work to be undertaken around any particular option. Options papers for group ‘c’ are not considered necessary.
10. Papers have been prepared for each key issue, outlining what the issue is, how it fits in the strategic context and considering the possible options. The pros and cons and whether the option has been implemented elsewhere are considered as part of the options. An example paper is included as Attachment 2.
11. Endorsement is sought from the Committee on the options for key issues as these are considered significant to implementation of higher order documents and the direction for the discussion document.
Strategic / Statutory Context
12. The Resource Management Act 1991 (RMA) sets out the management of subdivision, use and development for Tauranga City through the City Plan. The City Plan must also give effect to current national policy statements and the regional policy statement and must adhere to the National Planning Standards.
13. The role the City Plan can take in addressing some issues for the City may be limited or is better addressed through other legislation or Council strategies and policies, or by other parties.
14. The government is currently advancing significant resource management reforms which put in doubt whether the City Plan review project will be progressed to notification. We are awaiting more definitive advice on this matter. At this stage a ‘no regrets’ approach to advancing the City Plan review is being undertaken and no formal process would be commenced until there is certainty on this matter.
Financial Considerations
15. There are no financial considerations associated with this report. The cost associated with the City Plan Review is proposed through the Long-Term Plan 2021-2031 as agreed by the Urban Form and Transport Development Committee on 21 July 2020.
Legal Implications / Risks
16. Section 32 of the RMA requires Council to evaluate options to address resource management objectives. The options for key issues identified will form part of the section 32 report on a chapter by chapter basis.
17. Some options have legal implications for Council, and these are noted in the options papers.
Consultation / Engagement
18. Workshops with stakeholders were held in early March 2021 to identify issues and possible solutions or opportunities. Two hui have been held with iwi and hapu on 30 March and 20 April 2021 to identify issues for tāngata whenua, and specifically those key issues within the ‘Cultural Values’ section of the key issues table included as Attachment 1.
19. A second series of workshops is planned for July to consider in more detail how the City Plan might address stakeholder and tāngata whenua issues and concerns.
20. Key issues and options are to be presented to the community, tāngata whenua and stakeholders in late-September 2021 through a set of topic-based discussion documents.
Significance
21. 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.
22. 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 matter.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
23. In accordance with the considerations above, criteria and thresholds in the policy, the City Plan Review has been identified as high significance that has high public interest, however confirmation of options to address key issues provided in this report is of low significance.
ENGAGEMENT
24. Taking into consideration the above assessment, that the decision is of low significance, the proposed engagement on key issues and options is an appropriate response.
Next Steps
25. The options to address the key issues will form part of the topic-based discussion documents to be made available for stakeholder, tāngata whenua and community feedback in late-September 2021. Feedback will inform the development of the draft City Plan (or alternative future plan changes) and shape how each issue is addressed. Information in the discussion documents will be prepared for the community and key stakeholders to be interactive with feedback sought through an online survey and other means.
26. Once feedback has been received, direction will be sought from the Committee on next steps.
1. Summary Table -
Key Resource Management Issues and Options - 1 June 2021 - A12603108 ⇩
2. Key Issues and
Options - Housing Affordability - May 2021 - A12619892 ⇩
16 August 2021 |
9.3 Three Waters Reform Programme Update
File Number: A12695030
Author: Steve Burton, Director of City Waters
Kathryn Sharplin, Manager: Finance
Authoriser: Paul Davidson, General Manager: Corporate Services
Purpose of the Report
1. To inform the Strategy, Finance and Risk Committee (SFRC) of the direction, issues, opportunities, and matters relating to the national Three Waters Reform Programme, which is being led by the Department of Internal Affairs (DIA); and
2. To share information about regional and local collaborative initiatives involving Tauranga City Council (TCC) which are linked to readiness for water reforms.
That the Strategy, Finance and Risk Committee: (a) Receives the report Three Waters Reform Programme Update; and (b) Recommends to Council that it continue to support Tauranga City Council’s involvement in collaborative workstreams with other local authorities in the Water Entity B area, as proposed by the Department of Internal Affairs.
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Discussion
Background
3. The Three Waters Reform Programme Update presented to the SRFC on 28th June 2021 signalled significant decisions and announcements would be forthcoming from Cabinet during late June / early July 2021.
4. This paper summarises the key steps taken by DIA since the last report was tabled, as well as the ongoing collaborative work undertaken by the Waikato/Bay of Plenty Three Waters Reform Consortium (WaiBoP) of which TCC is a member.
Central Government / DIA update
5. On 30th June 2021, the Minister of Local Government Hon. Nanaia Mahuta announced the Cabinet proposal to establish four water entities across New Zealand to deliver the three water services currently delivered by 67 local authorities.
6. An overview of the proposed new system for three waters service delivery is summarised in the diagrams below:
7. Tauranga is proposed to be part of Entity B, together with 22 TLAs from the Waikato, Bay of Plenty, Taranaki and Manawatu regions.
8. While Councils in each entity’s region would be the legislated owners on behalf of their communities, they will not be ‘shareholders’ and will not derive dividends from that ownership status.
9. The DIA also released dashboards for each local authority as part of the announcement of entity boundaries. These dashboards were “… created to help councils and their communities understand how elements of the three waters system are performing at a glance and the potential opportunities of reform for individual councils. They pull together information from across a number of sources into a consolidated evidence base for three waters reform”.
10. The Tauranga dashboard is included below:
11. The detailed financial modelling and assumptions undertaken by the Water Industry Commission for Scotland (WICS) on behalf of DIA, and on which the national proposal is based, has been individualised for each Council so that financial sensitivities can be better understood. The financial gains identified in the dashboard above are based on WICS assumptions for the region. These have not been verified by TCC staff because the regional detail has not been provided. However, staff have applied our final LTP budgets and assumptions to the model, which supports savings in the future from reforms compared with TCC alone. The modelled savings seem realistic based on potential benefits of scale and expertise that are assumed to be associated with a regional entity.
12. On 15th July 2021 the DIA announced the “Three Waters Reforms Programme – Support package” at the Local Government New Zealand (LGNZ) conference. Refer Three Waters Reform Useful Links, below.
13. The package has been developed by Government in partnership with LGNZ and is intended to support the sector through the transition to the new water services delivery system.
14. The package proposes to provide Tauranga $ 48,405,014 of financial support from the total national package of $2.5 Billion.
15. At the time of writing this report, the detailed terms and conditions associated with this support package are unknown. Once further information is received, this will be reported to this Committee in more detail.
Partnership with Tauranga Moana tangata whenua
16. We have committed to working closely in partnership with Te Rangapū Mana Whenua o Tauranga Moana (RMW) as information regarding the Three Waters Reforms becomes more available. TCC has involved mana whenua early, face to face and sharing as much information as possible as soon as it is received.
17. RMW have received regular information updates from TCC staff and have advised clear principles they are advocating for in the reforms. In particular the preservation of mana whenua relationships with taonga is a high priority as well as the inclusion of mātauranga Māori to inform future management and provision.
18. With Māori capability and capacity as a constant barrier and challenge, TCC has resourced a dedicated programme of Māori engagement to ensure any developments are well advised, well considered and that any potential solutions are well presented for consideration.
WaiBoP Consortium Work
19. As previously reported, the work undertake WaiBoP partners is considered to compliment the work undertaken at a national level by DIA, not to replace it.
20. Four WaiBoP workstreams have continued over the intervening period to develop a better understanding of the transition challenges across the participating Councils. Some work is in a holding pattern awaiting further Cabinet decisions and DIA announcements.
21. The consortium is also starting to focus more time and effort on the development of a “balanced scorecard” approach to understanding the water services opportunities and challenges more comprehensively. This goes beyond a purely financial consideration, and aims to bring important service, community, cultural, customer, environmental, asset and other considerations into the conversation. This is a work-in-progress and will be built around the following key elements:
22. On 7th July the Chief Executives of the original 16 WaiBoP Councils held a video conference meeting and agreed to reach out to the Taranaki and Manawatu Councils with the view to re-set the program. Following on from this, a face to face hui of the 22 TLAs was arranged to be held in Taupo on 5th August 2021.
Next Steps
23. Central government has indicated the following upcoming milestones:
(a) A Cabinet meeting is likely to be held before the end of September to address implementation issues (“how” the reform will be done). Until this step is completed, there will be several unanswered questions for staff. A key question will be whether the reform will be compulsory or voluntary for Councils, and this may have significant implications on how the change is communicated and implemented.
(b) The four proposed entity boundaries require further clarification for some Councils (not TCC) - consultation with affected councils is expected to be completed before the actual boundaries are confirmed by September 2021.
(c) The overall water reform program is still on track to have future water services entities operational by July 2024.
24. TCC will seek further clarification on the terms and conditions associated with the Three Waters Reforms Programme Support Package during August 2021.
25. The WaiBoP consortium’s Chief Executives will be meeting with Taranaki and Manawatu counterparts to reset and align future readiness work along the Entity B proposal boundaries.
26. As further Cabinet decisions on water reforms get announced, these will be workshopped with Commissioners and Rangapū, as well as any key findings emerging from the WaiBoP consortium’s workstreams.
27. A summary of the balanced scorecard, work with mana Whenua, as well as other updates will be reported to Strategy Finance and Risk Committee on 20 September.
Three Waters Reform Useful Links
Three Waters Reforms Programme - Local dashboard FAQs announced on 30th June 2021
Three Waters Reforms Programme – Support Package announced on 15th July 2021
16 August 2021 |
File Number: A11859099
Author: Ariell King, Team Leader: Policy
Jeremy Boase, Manager: Strategy and Corporate Planning
Vicky Grant-Ussher, Policy Analyst
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. To consider rescinding a number of Council policies.
That the Strategy, Finance and Risk Committee: (a) Rescind the Māori Roadways Policy 1993 (b) Rescind the Car Parking Building Policy 1996 (c) Rescind the Guarantees Loan Funding Policy 1999 (d) Rescind the Interpretive Signage Policy 2005 (e) Rescind the Tauranga Marina Policy 2000 (f) Rescind the Petitions Policy 2001 (g) Rescind the Project Management Structure Policy 2005 (h) Rescind the Petitions in Council Public Places Policy 1991
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Executive Summary
2. A review of existing Council policies has been undertaken. The review process has identified eight Council policies that are out-of-date, no longer adding value, or are covered by other legal instruments or agreements. Therefore, it is recommended that these policies are rescinded. The policies recommended to be rescinded are provided in Attachment 1.
3. Work has started on a second tranche of policies which require further analysis before rescinding. This analysis will be provided to the Council for consideration in late 2021.
Background
4. All adopted Council policies are presented on the council website: http://www.tauranga.govt.nz/council-documents-reports/bylaws-policies/policies.aspx.
5. Regular reviews are undertaken to ensure policies that are no longer required are rescinded.
Discussion
6. Four policies have been identified that are out of date and no longer adding value (See Table One). These policies are rarely used and the policy team, in conjunction with the relevant business units, consider a council policy is no longer needed to achieve the desired outcome. Similar results could be achieved through existing council processes or by considering requests on a case by case basis.
Table One: Out of date policies
Policy |
Advantages of rescinding |
Disadvantages of rescinding |
Māori Roadways 1993
|
This policy was created in response to several Māori roadways that needed upgrading that have now become formed roads. The policy has had little recent use as lately road upgrades have been through subdivision processes. The council can continue to consider requests for Māori roadways to be upgraded but on a case by case basis. Recommended to rescind. |
Nil |
Car Parking building 1996
|
This policy was adopted in 1996 and is used one or two times a year. When council receives a proposal to use a carparking building outside of opening hours in future we propose the property team consider the request on a case by case basis. This would include considering any recovery of operational costs involved. Recommended to rescind. |
Nil |
Guarantees Loan Funding 1999
|
This policy sets out specific loan conditions required when council acts as a guarantor to community groups seeking loan funds to protect the council’s investments. We have received one request for a loan guarantee in the last three years and the loan and the conditions were considered by Council as part of the Annual Plan. It is expected similar outcomes would be achieved by the finance team assigning appropriate loan conditions on a case by case basis when providing loans for Council approval. Recommended to rescind. |
Nil |
Interpretive Signage 2005
|
This policy was adopted in 2005 when a heritage trail and museum were being considered. Core aspects of the policy such as when to use signage, the placement and content of signage and consultation procedures are now considered early in project planning for council projects to ensure consistency and appropriate content. Recommended to rescind. |
Nil |
7. Table Two sets out the policies that are now covered by other agreements meaning the policies are no longer required.
Table Two: Policies now covered by other agreements
Policy |
Advantages of rescinding |
Disadvantages of rescinding |
Tauranga Marina 2000
|
This policy sets out council's position on the Marina and form of licence agreement with the Tauranga Marina Society in order to provide affordable facilities for boat owners and Marina users. A renewed Marina agreement covers the content of the policy and the agreement is valid until 31 August 2050 making this policy redundant. Recommended to rescind. |
Nil |
Petitions 2001
|
This policy sets out the protocol for council to receive petitions. Similar rules for managing petitions are now included in the Council standing orders. Removing the policy will clarify the Council’s process for petitions and better reflect current practice. Recommended to rescind. |
Nil |
Project Management Structure 2005
|
Successful delivery of projects and realisation of their intended benefits is one of the ways that Council can achieve its strategic direction and meet the needs and wants of our communities. Council’s existing project governance framework policy and procedure was developed and adopted in 2005. It reflected what was intended at that point in time and has not been subject to a review. In practice it has been superseded by the development of the Project Lifecycle Process which is an internal system including templates and resources for project management at Council. Over the past 18 months a significant amount of time and effort has been undertaken to create and implement a new approach to project management. This has included the creation of the Capital Programme Assurance Division (CPAD). CPAD will support and enable all project delivery teams across Council with good industry practice frameworks, systems, reporting, processes, procedures and advice. The aim of CPAD is to become a centre of excellence for programme and project management so that guidance and support is provided for anyone undertaking a project or building a programme within Council. The Project Lifecyle Process will remain as the default project management framework until the CPAD introduces the new framework to the organisation. To ensure that there is no confusion regarding the correct framework it is necessary to rescind the outdated 2005 policy. Recommended to rescind. |
Nil |
8. Analysis of the Petitions in Council Public Places policy is provided in Table Three. We recommend rescinding this policy as the core aspects of the policy are covered through the Street Use and Public Places Bylaw. There is a minor implication of rescinding the policy (that orderly petitions could take places in council public places) however we do not consider this justifies retaining this policy.
Table Three: Policies now partially covered by other legal instruments
Policy |
Rationale for rescinding |
Implications of rescinding |
Petitions in Council Public Places 1991
|
This policy sets out that petitions are not permitted in any council public places. However, the Street Use and Public Places Bylaw provides for ‘events, parades and assembly’ in public places subject to a number of conditions that would ensure people gathering signatures for a petition do not impede pedestrian access, create a nuisance or display unauthorised signage or structures. Public Place is defined as following in the bylaw: means a place under the control of Council that at any time is open to or is being used by the public, whether free or for payment of a charge and includes every road, street, Footpath, court, alley, pedestrian mall, cycle track, lane, accessway, thoroughfare, Reserve, park, domain, beach, foreshore, and any other place of public recreation or resort. Recommended to rescind. |
Would allow orderly gathering of signatures for a petition in council public places. |
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 decision.
(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 recommendations are of low significance.
Consultation / Engagement
12. Based on the low level of significance of the recommendations it is not considered necessary to undertake community engagement as there is no significant anticipated impact from rescinding the policies.
Next Steps
13. The council website will be updated to reflect the decisions.
14. Analysis on a second tranche of policies that could potentially be rescinded will be provided to Council for consideration in late 2021.
1. Appendix
- policies to rescind - A12736277 ⇩
16 August 2021 |
File Number: A12730700
Author: Peter Siemensma, Senior Transport Planner
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. To provide an overview of the draft Parking Strategy and to seek approval for public consultation.
That the Strategy, Finance and Risk Committee: (a) Receives the Draft Parking Strategy Report. (b) Approves the draft Parking Strategy for public consultation.
|
Executive Summary
1. Parking management plays an important role in the successful functioning of a City and its transport network. Successful parking management can contribute to:
· Improving the vibrancy of centres and people’s access to them;
· Enabling a multi-modal transport system;
· Enabling a more compact urban form;
· Supporting access for all, by helping to prioritise space for those with the greatest need (e.g. mobility parking);
· Ensuring value for money and best use of resources by making sure that parking revenues cover the costs and that future investments would provide value for money.
2. The Urban Form & Transport Initiative (UFTI) and the Western Bay of Plenty Transport System Plan (TSP) identify that parking management is a key lever to support the delivery of the Connected Centres programme and achieving its benefits. The direction provided by UFTI and the TSP is supported by the National Policy Statement on Urban Development 2020 (NPS-UD) which strongly encourages Councils to “manage effects associated with the supply and demand of car parking through comprehensive parking management plans”.
3. The draft Parking Strategy has been developed to guide Council’s approach to the management of Council controlled parking spaces across the City. It provides an over-arching approach to guide Parking Management Plans for areas of the city that need specific attention due to existing high occupancy and/or areas where occupancy levels are expected to change in the near future due to significant planned land use change.
4. The draft Parking Strategy proposes a ‘graduated approach’ to parking management whereby it looks to achieve a balance between occupancy and turnover of spaces, particularly in busy centres. A benchmark for optimal occupancy is around 85% of available spaces. This occupancy level means spaces are well used but people can still find a space if needed (i.e. 15% of spaces should be available). Pricing or time controls tend to be the approach applied to manage occupancy and availability of spaces where demand is regularly higher than the 85% benchmark.
5. The draft Parking Strategy also proposes an integrated, incremental and responsive approach to its implementation. This means that changes to parking management should be linked to desired changes to the general transport system, or to the appeal of key centres as locations for higher density development, or increased activity and vibrancy. In terms of responsive, this means that management approaches will be considered where parking issues are more pressing or where opportunities are presented. The ongoing monitoring and review of the parking management, including through community feedback, is important to delivering a responsive approach to parking.
6. The draft Parking Strategy outlines the way it is intended to manage parking in a range of circumstances and settings, covering:
· Parking on residential streets
· Kerbside space allocation, cycle parking and berm parking
· Parking in centres
· The prioritisation of parking space by vehicle type/reason for parking
· Park and ride facilities
· Parking enforcement and monitoring
7. The draft Parking Strategy has been developed through technical analysis, examination of best practice in New Zealand and overseas, and parking surveys and perception surveys. The package of analysis that has supported the development of the draft Strategy is available online on TCC’s website. The draft National Parking Management Guidance, provided by Waka Kotahi, as well as recently developed parking strategies from other cities have been used to inform the development of the draft Parking Strategy.
8. The draft Parking Strategy recommends implementing the strategy through area-based ‘Parking Management Plans’ (PMP). A PMP is a location-specific plan that recommends changes to how parking management is undertaken, for example, in a centre, a neighbourhood, a reserve, or near a large employment site. It recognises that priority should be given to areas with high parking demand, which typically include centres. A PMP will include measures such as pricing and time limits. The ‘next steps’ section below provides an indicative programme for the development PMPs.
Strategic / Statutory Context
9. UFTI identifies that parking management is a key lever to support the delivery of the Connected Centres programme and realising its benefits. This is supported by the National Policy Statement on Urban Development 2020 (NPD-UD) strongly encourages councils to “manage car effects associated with the supply and demand of car parking through comprehensive parking management plans”.
Financial Considerations
10. Budget for implementation of the draft Parking Strategy, through detailed parking surveys, consultation and the development of Parking Management Plans (PMPs) has been included in the Long-Term Plan.
11. Future parking management, including pricing and time limits, once implemented, is likely to have costs and revenue implications and can be identified through the development of PMPs.
Consultation / Engagement
12. The Bay of Plenty Regional Council and Waka Kotahi have had involvement in the development of the draft Parking Strategy.
13. Subject to Council approval of the draft Parking Strategy the following consultation is proposed:
a. Workshop with key Stakeholder Group; and
b. Internet based surveys with the wider community to seek feedback on direction and approaches in the draft Strategy.
14. The feedback from this proposed consultation and engagement will help to identify any further changes to the draft Parking Strategy prior to it being reported to Council for final approval.
15. It is also noted that consultation and engagement will be undertaken as part of the development of the area (e.g. CBD) or topic based PMPs.
Significance
16. 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.
17. 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, proposal, decision, or matter
c. the capacity of the local authority to perform its role, and the financial and other costs of doing so.
18. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low to medium significance. The draft Parking Strategy is aligned to direction provided by UFTI and the TSP and is also intended to support the City’s well-being. Consultation on the draft Strategy is proposed allowing people to provide comment on the direction it proposes.
Next Steps
19. Subject to approval of the draft Parking Strategy, staff propose to undertake the following next steps.
Step |
Description |
Timing |
1. |
Consultation on the draft Parking Strategy including: · Providing Draft Parking Strategy and all background information on TCC Website · Undertake Consultation as outlined above · Review, and summarised in a submission report. This will also include an update of the strategy to reflect the input from the consultation. |
September/October |
2. |
Council approval of final Parking Strategy post consultation. |
October/November |
3. |
Development of Parking Management Plans (PMP). Implementation of the City Centre PMP is likely to be prioritised for development first as the current CBD parking trial is planned to end in February 2022. |
Subject to Council approval of the Parking Strategy |
1. Draft
Parking Strategy - A12736628 ⇩
16 August 2021 |
9.6 Submission on changes to Māori and constituency processes
File Number: A12704757
Author: Robyn Garrett, Team Leader: Committee Support
Authoriser: Susan Jamieson, General Manager: People & Engagement
Purpose of the Report
1. To recommend a submission be sent to the Department of Internal Affairs (DIA) on aligning Māori and general ward processes in the Local Electoral Act 2001.
That the Strategy, Finance and Risk Committee: (a) Receives the report “Submission on changes to Māori ward and constituency processes”; and (b) Recommends that the Council approves the draft submission in Attachment 1 to be sent to the Department of Internal Affairs on the discussion document “Changes to Māori ward and constituency processes.
|
executive summary
2. The DIA is consulting on aligning Māori wards and general ward processes. It is recommended that the Council make a submission. The Committee is asked to consider the draft submission and make any changes before the Council approves it to be sent.
Background
3. The DIA is consulting on the second stage of changes following the removal of the binding poll provisions from the Local Electoral Act 2001 (LEA), which will see 35 councils having Māori representation at the 2022 elections.
4. Having two different processes is seen as confusing and DIA want to know how the separate processes can be brought closer together to make it easier for councils to make decisions about how communities are represented, so everyone understands how the system works.
5. Requiring the two processes to be aligned would make the establishment of Māori wards easier to understand and easier for councils to consider and implement and there would be improved community consultation on decisions but provides less flexibility for councils. The DIA discussion document states that maintaining separate processes would require new decisions on how these processes are sequenced. With two separate processes councils would have a higher degree of flexibility about how they consult and make decisions, but some people could feel like they’ve been left out of the consultation process.
6. DIA has identified six key differences between the Māori wards and general wards process that they are consulting on:
· The requirements for councils to consider ward systems;
· The timing of decisions;
· Opportunities for public input;
· Decision-making rights and the role of the Local Government Commission;
· How and when wards can be discontinued; and
· The types of polls that councils can hold.
7. The discussion document released by the DIA is set out in Attachment 2 and sets out in more detail the six key differences that they are seeking feedback on. This feedback will help to determine how the law is improved.
8. Further information is available on the DIA website https://www.dia.govt.nz/maori-wards including a regulatory impact assessment that provides a more detailed analysis of the possible options the Government could consider and an introductory video by the Minister of Local Government Nanaia Mahuta is available on:
https://www.youtube.com/watch?v=cqiRGZf4pRg.
Strategic / Statutory Context
9. The Council has the ability to submit on discussion documents released by the Government. This is optional however the subject matter is considered to be of interest to the Council and feedback to the Government is recommended.
Issues
Issue 1 – Requirement to consider
10. The discussion document asks whether councils should be required to consider Māori wards and if yes, how often.
11. It is recommended that the response be yes, every council should consider Māori wards every six years (the same as general wards). This would ensure that no communities miss out on Māori wards being considered by their council.
Issue 2 – Timing of decisions
12. The discussion document asks whether Māori ward decision-making should continue to take place in two stages.
13. It is recommended that the two stages be kept (same as the current law) and that the time between 23 November and 1 March be used to provide more time for councils to decide about general wards. This time was previously set aside for the public to demand a poll and councils could not begin the representation review until after 1 March.
14. The decision to establish Māori wards is needed prior to undertaking a representation review. It is a fundamental decision that warrants careful consideration taking into account the council's obligations to Māori under the Local Government Act 2002.
15. The decision also impacts on the representation arrangements available to councils. Knowing in advance that a Māori ward has been established or not established gives councils certainty on this aspect of the representation review and has a direct impact on the options available to councils.
Issue 3 – Opportunities for public input
16. The discussion document asks whether councils should be required to engage with their community when considering Māori wards. Currently there is no requirement to consult the public.
17. It is recommended that wider public consultation is undertaken alongside targeted iwi/hapū consultation (the same as general wards). This would be consistent with the decision-making process for all matters considered to be significant and would enable the council to hear a range of views before making a decision. It is important that councils are required to consult iwi/hapū as the decision impacts those of Māori descent and is a decision made with consideration of the Treaty of Waitangi partnership responsibilities between iwi/hapū and the council.
18. There is concern that opening up the matter for wider public consultation could lead to vitriol and racist sentiment being publicly expressed. This needs to be balanced against the rights of the public to be able to put their views forward and be heard on any council decision, including Māori representation.
Issue 4 – Decision-making rights and role of Local Government Commission
19. The discussion document asks what the role of the Local Government Commission (LGC) should be in relation to Māori wards.
20. It is recommended that the LGC has no role and people cannot appeal a council’s decision to create/not to create Māori wards (the same as the current law).
21. The decision should sit with the council as it does at present.
Issue 5 – Discontinuance process and period in force
22. The discussion document asks what a council should be required to do if it wishes to no longer have Māori wards and how long decisions to create Māori wards should stay in place.
23. It is recommended that the council must consult with its community (the same as general wards) if it wishes to discontinue Māori wards.
24. It is also recommended that the decision to create Māori wards stays in place until the council decides otherwise, but at least two election cycles (same as the current law).
Issue 6 – Types of polls
25. The discussion document asks whether a council should retain the ability to initiate binding polls on general wards.
26. It is recommended that the ability to initiate binding polls on general wards be removed (the same as Māori wards). Councils may still undertake non-binding polls if they choose.
Further Comments
27. The discussion document asks for any further comments about how the Māori wards process and general wards process can be brought closer together.
28. It is recommended that the following comments be included in the submission to highlight some of the anomalies of the current legislation around the creation of Māori wards.
29. The formula for establishing the number of Māori members can result in some councils not being able to establish a Māori ward. It is recommended that the requirements to adhere to this formula be reviewed to enable a minimum of one Māori member for any council who chooses to establish a Māori ward, irrespective of the formula results.
30. It is also recommended that the exclusion of "at large" councillors from the formula to establish a Māori member be removed. This would enable councils to choose an "at large option" e.g. Tauranga City Council must have six ward councillors to qualify for one Māori member which prohibits the at large option.
Options Analysis
31. The Committee has the option to recommend that the Council:
(a) Make a submission to the DIA (recommended option)
This option provides for the Council to participate in the consultation process and express its views.
(b) Not make a submission to the DIA.
This option would prevent the Council from putting forward its views.
Financial Considerations
32. There are no financial considerations in making a submission to the DIA.
Legal Implications / Risks
33. There are no legal implications or risks in making a submission to the DIA.
Significance
34. 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.
35. 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 matter.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
36. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low significance.
ENGAGEMENT
37. Taking into consideration the above assessment, that the matter is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Click here to view the TCC Significance and Engagement Policy
Next Steps
38. Council considers recommendation on 23 August and approves submission to be sent to DIA to meet the deadline of 27 August 2021.
1. Submission on
changes to Māori ward and constitency processes - A12706275 ⇩
2. Changes to Māori
ward and constituency processes discussion document - Department of Internal
Affairs July 2021 - A12689008 ⇩
16 August 2021 |
9.7 Submissions to the Proposed Government Policy Statement on Housing and Urban Development, the Select Committee Inquiry on the Natural and Built Environments Bill: Parliamentary Paper, and Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement.
File Number: A12729208
Author: Simon Banks, Project Leader: Urban Planning
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. To report to the Committee on the submissions lodged on the Proposed Government Policy Statement on Housing and Urban Development, the Select Committee Inquiry on the Natural and Built Environments Bill: Parliamentary Paper, and the Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement.
That the Strategy, Finance and Risk Committee: (a) Receives the submission (Attachment 1) on the Proposed Government Policy Statement on Housing and Urban Development lodged with Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development on 29 July 2021; (b) Receives the submission (Attachment 2) to the Inquiry on the Natural and Built Environments Bill: Parliamentary Paper lodged with the Environment Select Committee on 4 August 2021; and (c) Receives the submission (Attachment 3) on the Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement lodged with Bay of Plenty Regional Council on 10 August 2021.
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Discussion
Proposed Government Policy Statement on Housing and Urban Development (GPS-HUD)
2. Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development (HUD) is leading the development of the GPS-HUD, which is intended to communicate the long-term vision and change needed in housing and urban development in New Zealand.
3. The discussion document for the proposed GPS-HUD proposes a vision, outcomes, focus areas, actions, and ways of working to shape housing and urban development over the next 30 years. It sets out how Government and others will work together to make this happen, and shape future government policy, investment, and programmes of work.
4. As with other high growth councils around New Zealand, TCC has struggled to respond effectively to urban development pressures under the current system. A GPS that seeks to align the wide array of work programmes, policy, and actions across government in support of achieving housing and urban development outcomes is therefore welcomed.
5. TCC is largely supportive of the vision, outcomes, and focus areas – which are by nature high level and aspirational. However, we have some concerns over the actions required to deliver these outcomes, and have highlighted a number of specific matters that we think need to be addressed or focussed on in the final GPS-HUD, relating to:
(a) Housing and Urban Development Toolkit for Local Government;
(b) Infrastructure Funding;
(c) Roles and Responsibilities in the System;
(d) GPS-HUD Direction and Support;
(e) Development Costs and Economic Feasibility;
(f) Alignment of Policy and Reform across Government; and
(g) Central Government Agencies and Investment.
6. A copy of the draft submission was distributed to the Commissioners on 23 July 2021 for review and comment. The consultation period closed on 30 July 2021 prior to the Strategy, Finance, and Risk Committee Meeting on 16 August 2021. As a result, the submission was finalised by staff and lodged with HUD on 29 July 2021.
7. A copy of the submission is included as Attachment 1.
Select Committee Inquiry on the Natural and Built Environments Bill: Parliamentary Paper
8. On 29 July 2021, public submissions were called for the Select Committee Inquiry on the Natural and Built Environments Bill: Parliamentary Paper. This inquiry is the first part of reforming the resource management (RM) system and replacing the Resource Management Act 1991 (RMA) with three new pieces of legislation.
9. The Parliamentary Paper includes an “Exposure Draft” of the Natural and Built Environments Bill (NBA). The process is intended to test and improve the contents of the Bill before it goes into the formal Parliamentary process. The exposure draft provides an early look at key aspects of this legislation including:
(a) the purpose of the NBA (including Te Tiriti o Waitangi clause) and related provisions;
(b) the National Planning Framework; and
(c) the Natural and Built Environments plans.
10. The purpose of the Inquiry is to provide feedback to the Government on the extent to which the provisions in the exposure draft of the NBA will support the resource management reform objectives to:
(a) protect, and where necessary, restore the natural environment, including its capacity to provide for the well-being of present and future generations
(b) better enable development within environmental biophysical limits including a significant improvement in housing supply, affordability and choice, and timely provision of appropriate infrastructure, including social infrastructure
(c) give effect to the principles of Te Tiriti o Waitangi and provide greater recognition of te ao Māori, including mātauranga Māori
(d) better prepare for adapting to climate change and risks from natural hazards, and better mitigate emissions contributing to climate change
(e) improve system efficiency and effectiveness, and reduce complexity, while retaining appropriate local democratic input.
11. The select committee is also asked to collate a list of ideas (including considering the examples in the parliamentary paper) for making the new system more efficient, more proportionate to the scale and/or risks associated with given activities, more affordable for the end user, and less complex, compared to the current system.
12. TCC supports in principle the Government objectives for RM reform. We welcome a reformed system that seeks to better enable development within environmental limits, better prepare for adaptation to climate change and risks from natural hazards, and to improve efficiency and reduce complexity.
13. However, based on the proposed framework set out in the exposure draft (and discussed in the parliamentary paper), we are concerned that the objectives for reform will not be met and that existing challenges will be perpetuated. A summary of our key issues is outlined below:
(a) The proposed system is unbalanced, focussing primarily on the natural environment and ignoring the built environment.
(b) The proposed system is unlikely to improve efficiency and reduce complexity.
(c) The regional framework for drafting Regional Spatial Strategies and NBA Plans will make it difficult to resolve significant housing and urban development challenges.
(d) A more developed vison for the resource management system is required, which we have provided.
(e) Partnership and resourcing of local government and tangata whenua must be appropriate for the scale of the changes proposed.
(f) Further detail and engagement with local government is required to ensure the effectiveness of the proposed system.
14. The working draft of the key issues table was discussed with the Commissioners on 20 July 2021, and an updated draft distributed to Commissioners on 23 July 2021 for review and comment. The final draft of the submission was distributed to the Commissioners on 29 July 2021.
15. The submission period closed on 4 August 2021 prior to the Strategy, Finance, and Risk Committee Meeting on 16 August 2021. As a result, the submission was finalised by staff and lodged with the Environment Select Committee on 4 August 2021.
16. A copy of the submission, including an A3 executive summary outlining our developed vision for the RM system and highlighting our key issues, is included as Attachment 2.
Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement
17. Kaituna He Taonga Tuku Iho – A Treasure Handed Down (The Kaituna River Document) was a requirement of the Tapuika Claims Settlement Act 2014.
18. The Kaituna River Document was prepared by Te Maru o Kaituna River Authority (a co-governance entity of iwi and council representatives) in consultation with iwi, hapū and the wider community. The Kaituna River Document’s purpose is to promote the restoration, protection and enhancement of the environmental, cultural, and spiritual well-being of the Kaituna River and its tributaries.
19. Bay of Plenty Regional Council (BOPRC) is required to change the Bay of Plenty Regional Policy Statement (RPS) to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document to the extent that contents relate to resource management issues.
20. Proposed Change 5 (Kaituna River) has been prepared under the RMA and is specific to the Kaituna River and its tributaries. The proposed change relates to freshwater so it must follow a new Freshwater Planning Process which is overseen by the Chief Freshwater Commissioner.
21. TCC has previously provided feedback on the draft of Proposed Change 5, in October 2020. TCC noted their support for the Proposed Change and suggested changes to the significant issues statements, objectives and policies.
22. Our suggested changes reflect significant projects which in some way will interface with the Kaituna River. These include the progression of growth planning in Papamoa East, including for the Te Tumu Urban Growth Area, the implementation of the Waiari Water Supply Scheme and continued provision for municipal water supply from this catchment to the communities.
23. As part of the consideration of the Change to the RPS, we have considered the Objectives and Policies and whether a submission should be made. TCC’s position is largely supportive of the proposed change however, we have identified concerns over the objectives and policies, and have highlighted a number of specific matters that could be addressed or focussed on to improve clarity and focus. The position taken is not to oppose these, rather support in part suggesting constructive changes to improve the objective and policy wording.
24. The working draft of the was shared with Commissioners on the 6 August 2021 for review and comment. The final draft of the submission was distributed to the Commissioners on the 10 August 2021, prior to lodgement.
25. The submission period closed on 10 August 2021 prior to the Strategy, Finance, and Risk Committee Meeting on 16 August 2021. As a result, the submission was finalised by staff and lodged with BOPRC on 10 August 2021.
26. A copy of the submission is included as Attachment 3.
Next Steps
Proposed Government Policy Statement on Housing and Urban Development (GPS-HUD)
27. HUD will use the feedback provided to help inform the final GPS-HUD. A summary of submissions will be published alongside the final GPS-HUD before 1 October 2021.
Select Committee Inquiry on the Natural and Built Environments Bill: Parliamentary Paper
28. The Environment Select Committee will hear submissions from those parties who wish to speak in support of their submission. Our tangata whenua partners have requested that submissions are heard in Tauranga, and we have endorsed and supported this request.
29. After the committee has considered the public submissions and advice, it will share its findings and any recommendations in a report to Parliament. The deadline for the Select Committee to report back to parliament is 18 October 2021.
30. It is anticipated that ongoing engagement with Ministry for the Environment staff will continue following the Inquiry, as the bulk of the NBA and the accompanying Strategic Planning Act (SPA) are drafted. The full Bills for the NBA and SPA are expected to be introduced to Parliament in early 2022.
Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement
31. The freshwater planning process (FPP) provisions are set out in Section 80A and Part 4 of Schedule 1 to the RMA. This process is overseen by the Chief Freshwater Commissioner who has been appointed by the Minister for the Environment. Regional councils are required to use this planning process for any change to a regional plan or regional policy statement if it ‘otherwise relates to freshwater’.
32. Following closure of submissions, the Chief Freshwater Commissioner will convene a freshwater hearings panel to hear submissions, report on the hearing, and make recommendations to the Regional Council. The Regional Council must decide whether to accept or reject each recommendation and notify the public and those who made submissions of its decisions. Appeal rights are restricted compared to the standard plan-making process.
33. It is anticipated that BOPRC will issue an updated timeline for Proposed Change 5 following the closure of submissions.
1. Submission on
proposed GPS for Housing and Urban Development - A12734229 ⇩
2. Submission to
Inquiry on the Natural and Built Environments Bill: Parliamentary Paper -
A12749985 ⇩
3. Submission on
Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy
Statement - COVER LETTER and SUBMISSION - A12771221 ⇩
16 August 2021 |
9.8 Infrastructure Acceleration Fund
File Number: A12753484
Author: Andy Mead, Manager: City & Infrastructure Planning
Authoriser: Christine Jones, General Manager: Strategy & Growth
Purpose of the Report
1. To inform the Strategy, Finance and Risk Committee of the Infrastructure Acceleration Fund and to seek direction on applications.
That the Strategy, Finance and Risk Committee: (a) Notes that Tauranga City Council and Western Bay of Plenty District Council will submit a collective response that contains the individual proposals supported by the SmartGrowth partner Councils. (b) Notes that these Infrastructure Assistance Fund applications from the SmartGrowth Council Partners are consistent with the agreed Priority Development Areas and Housing Action Plan. (c) Delegates to the Chief Executive and the General Manager: Strategy & Growth authority to work with the Tauranga City Council Chairperson, Western Bay of Plenty District Council Mayor, Bay of Plenty Regional Council Chairperson (or their nominees) to: (i) Agree and submit the infrastructure Acceleration Fund Programme Path applications of Tauranga City Council and Western Bay of Plenty District Council and their relative priorities; and (ii) Determine whether approaches from developers and/or Maori with respect to applications to the Infrastructure Acceleration Fund Project Path will be supported. |
FUND PURPOSE
2. The Housing Minister, Hon. Dr Megan Woods announced on 22 June 2021 that at least $1 billion of grant funding is available under the Infrastructure Acceleration Fund (IAF). The IAF is designed to allocate funding to new or upgraded infrastructure (being transport, three waters and flood management infrastructure) that unlocks housing development in the short to medium-term and enables a meaningful contribution to housing outcomes in areas of need.
3. Funding will typically be in the form of grant funding to the relevant Territorial Authority (or other vehicle), which will own and operate the infrastructure. Developers and landowners are expected to contribute their fair share to the costs of the Eligible Infrastructure Projects, and Territorial Authority contributions are not to be displaced.
4. By increasing the supply of build ready land, the IAF will help to increase the numbers of homes that can be built, particularly in locations of high housing demand and with good access to public transport, jobs, education, and amenities.
5. Infrastructure funding is a significant constraint in the Tauranga context to delivering sufficient zoned and serviced development capacity. As such, we welcome the opportunity of the Infrastructure Acceleration Fund. However, we note that at a national scale the size of the fund remains insufficient to address existing infrastructure funding constraints and that more substantial funding tools and reforms are required to address underlying issues in this area.
PROCESS OF APPLICATION & assessment criteria
6. The fund is contestable and territorial authorities, developers and iwi are eligible to apply.
7. To be eligible, infrastructure projects must be:
· new or upgraded infrastructure for:
o transport (including local roading, state highways, public transport infrastructure, footpaths, and cycleways),
o three waters (water supply, wastewater, and stormwater)
o flood-management infrastructure.
· Wholly or primarily for the purpose of building new or additional houses in the short to medium term; and which are expected to add 200 additional dwellings in tier one urban environments like Tauranga (under the National Policy Statement on Urban Development), 100 additional dwelling in Tier Two urban environments or 30 additional dwellings elsewhere.
8. There is a two-stage application process:
· Stage one – Expressions of Interest (EOI), High level information on the housing development and the eligible infrastructure projects enabling the housing development (Proposal).
· Stage two - following an assessment of the Proposal submitted at the EOI stage against the evaluation criteria, a reduced number of applicants will be invited to submit a full proposal in response to a Request for Proposal (RFP).
9. The RFP stage will involve a two-path approach:
· Programme Path; for main urban areas where infrastructure investment is more complex and Urban Growth Partnerships exist; and
· Project Path; for all other parts of New Zealand, and for all proposals from developers and Maori (including those in Urban Growth Partnership areas).
10. Tauranga City Council and Western Bay of Plenty District Council are required to apply through the Programme Path. Territorial Authorities applying in the Programme Path are encouraged to work collectively with each other in preparing their EOI’s.
11. Kāinga Ora will evaluate proposals against the evaluation criteria as follows:
a) Housing outcomes (40%); how will the Proposal, if delivered, contribute to the housing outcomes that are the purpose of the Infrastructure Fund?
b) Impact of funding (20%); how critical is this funding to advancing the infrastructure and housing development?
c) Cost and co-funding (20%); how cost effective is the Proposal and is everyone paying their fair share?
d) Capability and readiness (20%); if funding is approved, how certain is it that the project will advance, and at what pace?
TIMELINES AND DECISIONS
12. The key IAF milestones are outlined in the table below.
Step in the IAF process |
Date |
EOI Invitation released |
30 June 2021 |
Closing date for EOIs |
5:00pm 18 August 2021 |
Applicants notified of outcome (with invitation to RFP Stage and RFP document provided for successful Proposals)* |
15 October 2021 |
Debriefs to unsuccessful Applicants (as requested) |
Following 15 October 2021 |
Closing date for RFP Proposals |
Late December 2021 |
Evaluation and due diligence of RFP Proposals* |
Early 2022 |
Negotiation commences |
Early 2022 |
Funding Agreements and Housing Outcome Agreements concluded |
March - October 2022, as and when agreements are concluded |
Final Ministerial funding decisions sought |
*Fast-Track Proposals
13. A fast-track process will be used to accelerate a limited number of Proposals through the RFP Stage, Negotiation and final funding decision by Ministers. Following the EOI evaluation period, Kāinga Ora will engage with each Applicant with a Proposal identified as a fast-track candidate to undertake the RFP Stage due diligence and negotiate a Funding Agreement and Housing Outcome Agreement as soon as reasonably possible.
14. Proposals expedited through the fast-track process are expected to be those where:
· the quality of the Proposal has already been well validated, such as through previous feasibility analysis by Government agencies; or
· the Proposal is straightforward such that the evaluation and due diligence work can be done very quickly; and
· in each case, the Proposal scores highly against the Evaluation Criteria.
Evaluation, Due Diligence, Negotiation & Decision Process
15. The key steps in the evaluation, due diligence, negotiation and decision process are:
· Kāinga Ora evaluates each proposal against the evaluation criteria and undertakes due diligence.
· For Programme Path proposals there will likely be a high level of engagement with the applicant to fully understand and possibly refine proposals.
· Kāinga Ora Board Committee will:
o decide which proposals advance to RFP stage;
o provide advice to Ministers as to which proposals should advance to negotiation and receive IAF Funding;
o where appropriate, provide advice to Ministers on broader considerations, in particular those relating to the balance of the funding package as a whole, to ensure alignment with the objectives for the IAF. Broader considerations include matters such as the balance between greenfields and brownfields development, and near- term and medium-term delivery, construction sector capacity, capacity of the IAF and regional spread.
SMARTGROWTH PARTNERSHIP APPROACH TO INFRASTRucture Accelaration FUND
16. The SmartGrowth Partnership has agreed arrangements for working together to optimise the opportunity which the IAF offers the sub-region. The following extracts from the IAF Expression of Interest are relevant:
· Kainga Ora and the Ministry of Housing and Urban Development place-based teams work with Urban Growth Partnerships. These teams will be looking to build on and leverage prior work with applicants within those partnerships, with a view of ensuring that IAF funding is, to the extent possible, aligned with government investment in infrastructure.
· At the RFP Stage, Territorial Authorities which fall within the Programme Path are strongly encouraged to submit a collective response that contains the individual Proposals supported by that group of Territorial Authorities. This collective response will also include an indication of the respective priority of each Proposal.
· In exceptional circumstances, where collective agreement cannot be reached, an individual Territorial Authority within the Programme Path is able to submit a Proposal without collective support. However, it should be noted that this lack of support will be a relevant factor considered when the Proposal is evaluated at the RFP Stage.
· Developers and Māori will proceed on the Project Path at the RFP Stage. They will be requested to obtain (and evidence) Territorial Authority support (or lack thereof) and submit this with their RFP Proposal. This reflects that Territorial Authority support will be a key factor when evaluating Proposals, and there would need to be very clear justification for advancing an RFP Proposal to Negotiation without this support.
17. The SmartGrowth partnership has agreed the Priority Development Areas and the Housing Action Plan. Given this, it logically flows that the partnership should continue to collectively support these areas for application to the IAF. Staff consider that:
· Council and developer proposals should be consistent with the growth areas identified as Priority Development Areas or specified in the Housing Action Plan.
· Maori proposals should deliver on the housing outcomes identified in the Housing Action Plan.
18. At this stage TCC has had no approaches from developers looking to make an application and one approach from Maori landowners. This has been deferred to the separate process for Maori land for which further information is expected to be available later in August.
19. Council staff have identified the following projects for application to the IAF Programme Path (in no particular order):
· Tauriko West
· Wairakei
· Te Papa / Cameron Road intensification
· Omokoroa
· Parau Farms
20. The Regional Council Chair, TCC Chair and WBOPDC Mayor have been meeting to discuss the opportunity of the IAF and how to move forward. At the 26 July SmartGrowth Leadership Group meeting it was agreed that this group (or their nominees) would be delegated to:
(a) Agree the infrastructure Acceleration Fund Programme Path applications of Tauranga City Council and Western Bay of Plenty District Council and their relative priorities; and
(b) Determine whether approaches from developers and/or Maori with respect to applications to the Infrastructure Acceleration Fund Project Path will be supported.
21. They will also consider whether there are relative priorities amongst the five applications, or whether some are of similar / equal priority.
Summary of project applications
Te Papa peninsula intensification
23. We are preparing this application with input from Accessible Properties Limited (APL). APL are working jointly with Kainga Ora (and TCC) on housing opportunities including substantial delivery of social, community and affordable housing outcomes. Much of the planned development is intended to be at a higher density than existing housing stock which will be supported by Plan Change 26 Housing Choice.
24. Without assistance from the IAF we rely of funding from Waka Kotahi, Infrastructure Funding & Financing levies and more traditional sources such as rates and development contributions. There is significant uncertainty around some of these funding sources. Recognising this uncertainty, we anticipate applying to the IAF for approximately half of the current cost estimates for these projects.
Tauriko West
26. We are preparing this application with input from the three largest landowners in Tauriko West.
27. Given the uncertain state of funding for this development, we are applying for IAF funding to cover:
(a) Any shortfall that may arise in Waka Kotahi funding
(b) The upfront costs of delivering waters infrastructure for the second stage of housing development in Tauriko West (which is likely to be some years away once more significant transport invest occurs) and
(c) Funding shortfalls anticipated from schools and other activities that cannot be charged development contributions or infrastructure funding and financing levies.
28. We currently anticipate development to commence in Tauriko West around 2025.
Wairakei Town Centre
29. This project is targeted at catalysing development of the Wairakei Town Centre, including 1,500 medium and high density dwellings in and around the town centre through delivery of the Papamoa East Interchange and associated transport and three waters projects.
30. We have prepared this application with support from the developer that owns the land.
31. If successful, this funding will complement a range of possible other funding and financing mechanisms being investigated currently including the interest free Housing Infrastructure Fun loans and potential toll funding. If successful, IAF funding will significantly de-risk the project, especially in relation to costs allocated to the future Te Tumu urban growth area. Our application also recognises the current uncertainty of Waka Kotahi and toll funding for this project and the impact an absence of funding would have on TCC’s ability to proceed with the project.
32. This application is targeted at funding transport access and three waters infrastructure for the potential development at Parau Farms. This includes transport access from the existing road network and water supply and wastewater infrastructure including a pump station.
33. We are preparing this application alongside the development of a memorandum of understanding between TCC (as current owner), and a possible developer, and we are engaging with mana whenua. The principles underpinning this agreement and its ongoing development have guided our application.
34. We are applying for IAF funding to cover additional infrastructure costs required for site development not previously envisaged due to the site being earmarked for sports field development. High pressure on housing supply in Tauranga has resulted in TCC reconsidering the best use of this landholding.
35. We anticipate development of this site will deliver between 500 and 700 housing unit equivalent by 2029.
36. We acknowledge that investigations are at an early stage. Engagement has yet to occur with the community and significant process steps are required such as:
(a) Formal consultation under the Local Government Act
(b) Public Works Act land acquisition processes
(c) Rezoning or consenting processes.
RECOMMENDATIONS
37. The recommendations seek approval to lodge the applications and progress decision making on applications to the fund, noting that the applications will be consistent with the Housing Action Plan and Priority Development Areas.
Next Steps
38. The next step is to submit our applications by 18 August.
16 August 2021 |
9.9 2021 Q2 Health & Safety Report
File Number: A12732825
Author: Angelique Fraser, Health & Safety Change Manager
Tracy Dragovich, Health Safety & Wellness Design Lead
Authoriser: Susan Jamieson, General Manager: People & Engagement
Purpose of the Report
1. To provide a summary of Health and Safety activities over the April to June 2021 quarter.
That the Strategy, Finance and Risk Committee: (a) Receives the 2021 Q2 Health and Safety Report.
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Executive Summary
2. This is a quarterly report provided to the committee, designed to monitor Health and Safety activities and share learnings.
3. Any feedback regarding content or topics that the Committee would like is welcomed.
1. 2021
Q2 Health & Safety Report - A12732803 ⇩
16 August 2021 |
9.10 Q4 2020/21 Final Quarter LGOIMA and Privacy Requests
File Number: A12696916
Author: Kath Norris, Team Leader: Democracy Services
Authoriser: Coral Hair, Manager: Democracy Services
Purpose of the Report
1. The purpose of this report is to update the Committee on Local Government Information and Meetings Act 1987 (LGOIMA) and Privacy requests as well as the Commissioners’ queries.
That the Strategy, Finance and Risk Committee: (a) receives the report: Q4 2020/21 Final Quarter LGOIMA and Privacy Requests.
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Discussion LGOIMA and PRIVACY REQUESTS
2. 78 requests were received in Q4, compared with 53 requests received in Q3. This is an increase of 47% from the previous quarter.
3. A total of 310 information requests were received over 2020/21, compared with 285 in 2019/20. This is an increase of 9%. Requests received in 2020/21 are summarised by type and quarter in Table 1 below.
Table 1 – Type of requests received in 2020/21 |
||||
Quarter |
LGOIMA |
Privacy |
Both Acts |
Totals |
1 |
110 |
7 |
1 |
118 |
2 |
56 |
1 |
4 |
61 |
3 |
52 |
1 |
0 |
53 |
4 |
75 |
3 |
0 |
78 |
Totals |
293 |
12 |
5 |
310 |
4. The origin of the 310 requests received over 2020/21 (individual, organisation or media) is summarised by quarter in Table 2 below.
Table 2 – Origin of requests received in 2020/21 |
||||
Quarter |
Individual |
Organisation |
Media |
Totals |
1 |
75 |
27 |
16 |
118 |
2 |
45 |
9 |
7 |
61 |
3 |
35 |
12 |
6 |
53 |
4 |
46 |
20 |
12 |
78 |
Totals |
201 |
68 |
41 |
310 |
5. A breakdown of the business group allocations for requests received in Q4 and in 2020/21 overall is detailed in the pie graphs at the end of this report.
6. 12 requestors made multiple official information requests (two or more) in Q4. Of these requestors, one made five or more requests. Requests from multiple requestors comprised 46% of the total requests received in Q4.
7. 34 requestors made multiple official information requests (two or more) in 2020/21. Of these requestors, 12 made five or more requests. Requests from multiple requestors comprised 60% of the total information requests received in 2020/21.
8. Seven requests made in Q4 had response times extended, compared with three in Q3. Extensions were for requests containing an ‘all correspondence’ or the collation of large amounts of information.
9. In the 2020/21 financial year 44 requests had their response time extended. 29 of the 44 extensions were for requests containing an ‘all correspondence’ question.
10. Two requests made in Q4 (both LGOIMA) are still to be finalised.
11. We are unable to compare TCC data across other local government agencies as there is no national data compiled.
12. Themes among requests received in 2020/21 are outlined in Table 3 below. For the purpose of this report, a theme is a topic about which we have received three or more official information requests.
Table 3 – Themes among requests received in 2020/21 |
||
Themes |
No. |
% |
Amended response process (one individual) |
22 |
7% |
Mayor and Councillor governance issues |
13 |
4% |
Staff employment matters (e.g. salary, numbers, contractors) |
11 |
4% |
Bella Vista matters |
8 |
3% |
Kerbside bin service |
8 |
3% |
Otamataha Trust (Dive Crescent and 11 Mission Street) |
6 |
2% |
TCC wage subsidy |
4 |
1% |
13th Avenue avocado tree removal |
4 |
1% |
Harington Street Transport Hub |
3 |
1% |
TCC Commissioners (e.g. expenses, appointment, exit plan) |
3 |
1% |
13. 330 information requests were responded to over 2020/21 (some of these requests were received in the previous financial year), compared with 282 in 2019/20. This is an increase of 17%. 2020/21 responses are summarised by type and by quarter in Table 4 below.
Table 4 – Type of requests responded to in 2020/21 |
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Quarter |
LGOIMA |
Privacy |
Both Acts |
Totals |
1 |
100* |
3 |
0 |
103 |
2 |
81 |
5 |
4 |
90 |
3 |
46 |
0 |
1 |
47 |
4 |
87 |
3 |
0 |
90 |
Totals |
314 |
11 |
5 |
330 |
*Includes 31 LGOIMA carried over from 2019/20 year.
14. The outcomes of requests responded to in 2020/21 are detailed by quarter in Table 5 below.
Table 5 – Outcomes of requests responded to in 2020/21 |
||||||
Quarter |
Provided |
Partially refused |
Refused |
Cancelled |
Transferred |
Totals |
1 |
72 |
18 |
9 |
3 |
1 |
103 |
2 |
47 |
28 |
13 |
2 |
0 |
90 |
3 |
34 |
9 |
3 |
1 |
0 |
47 |
4 |
59 |
24 |
3 |
4 |
0 |
90 |
Totals |
212 |
79 |
28 |
10 |
1 |
330 |
15. Common grounds for refusing all or part of a request are to protect individual privacy, avoid prejudice to commercial activities, maintain legal privilege or when the requested information does not exist. If any part of a request is refused it is recorded as ‘partially refused’. Requests containing an ‘all correspondence’ question are typically ‘partially refused’, as redactions to the correspondence are often necessary to protect individual privacy.
16. There was a 2% reduction to 96% in Q4 responses made within statutory timeframes, compared with 98% in Q3.
17. In 2020/21 96% of requests were responded to within statutory timeframes, this did not meet the 98% key performance indicator. There were 13 responses that were responded to outside the legislative timeframe. The delays were due to administrative errors in recording data correctly and timeframes that were underestimated.
18. The outcomes of complaints, in relation to official information requests, notified to us in 2020/21 by the Offices of the Ombudsman and the Privacy Commissioner are summarised by quarter and outcome in Table 6 below.
Table 6 – Outcomes of Ombudsman and Privacy Commission complaints notified in 2020/21 |
||||||
Quarter |
LGOIMA |
privacy |
Total |
Resolved (LGOIMA) |
Resolved (privacy) |
Resolved (total) |
1 |
4 |
1 |
5 |
0 |
0 |
0 |
2 |
0 |
1 |
1 |
0 |
1 |
1 |
3 |
4 |
0 |
4 |
4 |
0 |
4 |
4 |
4 |
0 |
4 |
3 |
1 |
4 |
Totals |
12 |
2 |
14 |
7 |
2 |
9 |
19. We are awaiting responses from the Office of the Ombudsman for the five open LGOIMA complaints they have under consideration. There are no unresolved privacy complaints.
20. Eight of the complaints closed in 2020/21 were closed with no further action required by TCC. One complaint was closed by staff meeting with the complainant.
21. We continue to proactively publish LGOIMA responses on the TCC website. Only responses that are of public interest to the community are uploaded
DISCUSSION COMMISSIONER QUERIES
22. Democracy Services received 3 Commissioner queries in Q4 compared with 11 in Q3. Overall, 14 were received in 2021/21. One query from Q4 is still open.
23. Outside of residents contacting the Commissioners directly via correspondence, queries are managed through the Commissioners clinics, which provide residents with the opportunity to speak to a commissioner directly. The clinics are held once a month.
Charts – Q4 and 2020/21 LGOIMA and Privacy Act requests
16 August 2021 |
9.11 Deep Dive - Capital Project Delivery
File Number: A12730710
Author: Chris Quest, Team Leader: Risk
David Moore, Manager: Capital Projects Assurance Division
Authoriser: Nic Johansson, General Manager: Infrastructure
Purpose of the Report
1. To provide the committee an opportunity to gain a fuller understanding of this area of risk.
That the Strategy, Finance and Risk Committee: (a) Receives the Deep Dive - Capital Project Delivery report |
Executive Summary
2. The purpose of a deep dive is to provide the committee an opportunity to more fully understand how a particular area of risk is viewed. In particular, it is an opportunity for the committee to be assured as to management controls and planned actions to address risk.
3. Officers directly involved in aspects of managing this risk will present to the committee.
Background
4. The organisation has established the Capital Projects Assurance Division (CPAD) to support and enable all project delivery teams across TCC.
5. In conjunction with the creation of CPAD, the project delivery function has transferred to the relevant activity areas e.g. City Waters, Transportation, Spaces and Places.
6. This intention of this structure is to allow CPAD to become the centre of excellence for project delivery at TCC, with accountability for successfully delivering each project resting with activity areas.
7. The intention of this deep dive is
(a) To explain the current understanding of the risk to capital programme delivery
(b) To explain how CPAD and the activity areas are working together to reduce that risk
(c) To highlight the potential risks that may constrain or inhibit the delivery of the immediate 2021/22 annual capital works programme and the mitigations being undertaken to reduce the immediate risk
8. The deep dive will be presented by risk owners with a slide presentation to be tabled at the Committee meeting.
Strategic / Statutory Context
9. The Long Term Plan 2021/31, adopted 26 July 2021, contains the most significant programme of capital works that TCC has ever embarked upon. The effective management of the risks to capital programme delivery will be key to delivering the outcomes to the community.
Significance
10. 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.
11. 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 matter.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
12. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of high significance, however the decision proposed in this report is of low significance as it is to receive an update on a particular work stream
ENGAGEMENT
13. Taking into consideration the above assessment, that the issue is of high significance, however the decision proposed in this report is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
14. Officers will continue to implement actions to manage the risks to the delivery of the capital programme as presented to this Committee.
16 August 2021 |
RESOLUTION TO EXCLUDE THE PUBLIC