AGENDA

 

Strategy, Finance and Risk Committee Meeting

Monday, 14 February 2022

I hereby give notice that a Strategy, Finance and Risk Committee Meeting will be held on:

Date:

Monday, 14 February 2022

Time:

10.30am

Location:

Bay of Plenty Regional Council Chambers

Regional House

1 Elizabeth Street

Tauranga

Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.

Marty Grenfell

Chief Executive

 


Terms of reference – 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

 

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

14 February 2022

 

Order of Business

1         Opening Karakia. 11

2         Apologies. 11

3         Public forum.. 12

3.1            Ms Holly Shaw - Mobile Shop Policy. 12

4         Acceptance of late items. 13

5         Confidential business to be transferred into the open. 13

6         Change to order of business. 13

7         Confirmation of Minutes. 14

7.1            Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021. 14

8         Declaration of conflicts of interest 33

9         Business. 34

9.1            Review of the Remission and Postponement of Rates on Māori Freehold Land Policy - Issues and Options. 34

9.2            Review of Rates Remission and Rates Postponement Policies - Issues and Options. 52

9.3            Rating Policy Review.. 71

9.4            Mobile Shop Policy Review: Issues and Options Paper 79

9.5            2021 Q2 Oct-Dec Health and Safety Report 106

9.6            Financial and Non-Financial Monitoring Report: Period ended 31 December 2021. 116

10       Discussion of late items. 152

11       Public excluded session. 153

11.1         Tauriko Business Estate (TBE) Potential Liability on Council 153

11.2         Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021. 153

12       Closing Karakia. 155

 

 


1          Opening Karakia

2          Apologies


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

3          Public forum

3.1         Ms Holly Shaw - Mobile Shop Policy

Attachments

Nil  


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

4          Acceptance of late items

5          Confidential business to be transferred into the open

6          Change to order of business


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

7          Confirmation of Minutes

7.1         Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021

File Number:           A13220256

Author:                    Sarah Drummond, Committee Advisor

Authoriser:              Sarah Drummond, Committee Advisor

 

Recommendations

That the Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021 be confirmed as a true and correct record.

 

 

 

 

Attachments

1.      Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021 

  


UNCONFIRMEDStrategy, Finance and Risk Committee Meeting Minutes

13 December 2021

 

 

 

MINUTES

Strategy, Finance and Risk Committee Meeting

Monday, 13 December 2021

 


Order of Business

1         Opening Karakia. 3

2         Apologies. 3

3         Public forum.. 3

4         Acceptance of late items. 3

5         Confidential business to be transferred into the open. 3

6         Change to order of business. 3

7         Confirmation of Minutes. 4

7.1            Minutes of the Strategy, Finance and Risk Committee meeting held on 1 November 2021. 4

7         Declaration of conflicts of interest 4

9         Deputations, Presentations, Petitions. 4

9.1            Presentation - TBE Private Plan Change - Bryce Donne, Element IMF. 4

10       Business. 5

10.1         Issues and Options Report on the Use of Council Land. 5

10.2         Update on the City Vision Project 9

10.3         Wairoa River Valley Strategy review - project update. 10

10.4         Updated outline work programme for the Committee. 11

10.5         Long-term Plan 2021 - Actions Report 11

10.6         Growth & Land Use Projects Progress Report - December 2021. 12

10.7         Transport Strategy and Planning Progress Report - December 2021. 13

10.8         Waters Strategy and Planning Progress Report - December 2021. 14

10.9         He Puna Manawa: Naming of temporary Library and Customer Service Centre. 14

10.10       Te Manawataki o Te Papa: Naming of Civic Precinct 15

10.11       BOPLASS Estimated Savings to Tauranga City Council 16

10.12       Deep Dive - Resourcing. 16

11       Discussion of late items. 17

12       Public excluded session. 18

12.1         Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 1 November 2021. 18

12.2         Cyber Security Update - 2021 Q3. 18

12.3         Supplementary Legal Issues Report 18

12       Closing Karakia. 19

 


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, 13 December 2021 AT 10.30am

 

 

PRESENT:                  Commission Chair Anne Tolley (Chairperson), Dr Wayne Beilby (Deputy Chairperson), Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, Commissioner Bill Wasley, Mr Te Pio Kawe, Ms Rohario Murray, Mr Bruce Robertson

IN ATTENDANCE:     Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Barbara Dempsey (General Manager: Regulatory & Compliance), Susan Jamieson (General Manager: People & Engagement), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Jeremy Boase (Manager: Strategy & Corporate Planning), Vicky Grant-Ussher (Policy Analyst), Clare Abbiss ( Open Space and Community Facilities Manager), Ceilidh Dunphy (Manager: Strategic Projects), Anne Payne (Strategic Advisor), Josh Logan (Team Leader: Corporate Planning), Andy Mead (Manager: City & Infrastructure Planning), Carl Lucca (Programme Director: Urban Communities),  Alistair Talbot (Team Leader: Transport Strategy and Planning), Claudia Hellberg (Team Leader: City Waters Planning), Carlo Ellis (Manager: Strategic Maori Engagement), Anne Blakeway (Manager: Community Partnerships), Tony Aitken (Manager: Human Resources), Chris Quest (Team Leader: Risk), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Sarah Drummond (Committee Advisor)

 

1          Opening Karakia

Commissioner Shadrach Rolleston opened the meeting with a karakia.

2          Apologies

Nil

3          Public forum

Nil

4          Acceptance of late items

None

5          Confidential business to be transferred into the open

None

6          Change to order of business

None

7          Confirmation of Minutes

7.1         Minutes of the Strategy, Finance and Risk Committee meeting held on 1 November 2021

Committee Resolution  SFR7/21/1

Moved:       Dr Wayne Beilby

Seconded:  Commissioner Bill Wasley

That the minutes of the Strategy, Finance and Risk Committee meeting held on 1 November 2021 be confirmed as a true and correct record.

.Carried

 

 

8          Declaration of conflicts of interest

Ms Rohario Murray advised that as she was an emplpyee with the Ministry for the Environment she may have a conflict of interest regarding Resource Management Act matters.

Mr Te Pio Kawe advised that he was an employee of Boffa Miskell and would declare any conflict that may arise.

9          Deputations, Presentations, Petitions

9.1         Presentation – Tauriko Business Estate (TBE) - Private Plan Change - Bryce Donne, Element IMF and Grant Downing, Sean Grace, Craig Batchelar

 

Refer to the power point presentation on the TBE Private Plan Change.

 

Key points

·        Andy Mead, Manager: City & Infrastructure Planning,  introduced an item, promulgating a private plan change for development of TBE; relevant to reports on transport and growth updates previously received by the Committee.

·        Staff outlined why expansion was required and the rationale for the TBE and an expansion area.

·        The private plan change request was to rezone land at Tauriko from rural to industrial to match existing zoning for areas 1-3. This would result in a continuation of existing planning provisions into the stage 4 area, with an updated structure plan.

·        Explanation was provided of the current Stage 4 structure and development plans.

·        A plan change request lodged with Council contained three options.  Council could adopt this as its own plan change, accept the plan change or reject the plan change. The preferred option would be to adopt the streamlined planning process to allow for scaling. 

·        Approval from the Minister for the Environment would be required to use the streamlined process.  Streamlined planning process had been used by both Tauranga City Council and Bay of Plenty Regional Council previously.

·        Parties and staff were seeking comment and/or direction from the Commissioners.

 

In response to questions

·        Tauranga needed to do better as a city in terms of integrating residential/commercial/industrial areas, particularly in terms of transport infrastructure as employment in the TBE was from widely dispersed city areas, not just from The Lakes residential area.

·        There had been work completed  to try and enable walking/cycling links from The Lakes to the TBE and some provision for public transport made with provision made on main through roads for bus lanes.

·        Discussion with Tangata Whenua had resulted in the establishment of cultural protocols and Memorandums of Understanding (MoUs).  It was envisaged that communication with Tangata Whenua would be on a consent by consent basis. There seemed to be general support of Stage 4. Tangata Whenua would be provided with the full plan proposal for their comment.

·        The streamlined planning process required formal consultation with iwi authorities and to date engagement has been mainly at a hapū level.

 

 

10        Business

10.1       Issues and Options Report on the Use of Council Land

Staff          Jeremy Boase, Manager: Strategy & Corporate Planning

Clare Abbiss, Open Space and Community Facilities Manager

Vicky Grant-Ussher, Policy Analyst

 

A PowerPoint Presentation was provided by staff.

 

Key points

·        Work had started in 2021 with the aim to simplify the policies and principles around use of council land.

·        Work was currently in progress and staff would take direction from this meeting, hold further discussions with stakeholders and then bring back a further draft which would then go out for community consultation prior to adoption.

·        13 separate issues and approximately 18 decision points; these would be worked through issue by issue.

·        Key objectives would be incorporated into policy purpose and principles.

·        Issue 2 – Blake Park excluded from this prioritisation process.  The process largely used prioritised reserve by reserve currently this could manage high use reserves more efficiently if considered together.

·        Issue 3 – prioritise community sport for active reserves.  Adding in consideration of iwi activities.

·        Issue 4 – temporary commercial activities.

·        Issue 5 – fees to use council land e.g. bootcamps/fitness classes; commercial tour operators recommended to be licenced and charged.

·        Issue 6 – tendered licences – used for coffee carts etc.

·        Issue 7 – community gardens – the policy could be expanded to encourage or promote gardens.

·        Issue 8 – memorials – can be problematic e.g. demand for installation of memorial seats often in certain areas such as Pilot Bay.  Encourage use of memorial trees rather than seats, and in designated areas.

·        Issue 9 – sponsorship signage – can be problematic as often subjective in terms of numbers and visual clutter.  Recommended to treat on a case by case basis with discretion to council staff.  

·        Issue 10 – maximum term for leases and licences to occupy; shorter than current 30-35 year terms; particularly given increasing user pressure on reserves.  Also do not want to limit future opportunities on a site.

·        Issue 11 – stormwater reserves – include purpose of stormwater reserves in the policy.  Clarify primary purpose of the reserve.

·        Issues 12 and 13 – procedural/administrative.

 

 

 

In response to questions

·        Network approach – look at holistically across all council facilities to achieve the best overall outcome for the network rather than focus on individual outcomes for individual properties.

·        Intending to have signage included in the Purpose and also in a specific clause that references the provisions of the Reserves Act.

·        Recognise the history/heritage of reserves in the principles – include into principle L.

·        Purpose – should include a reflection of the Treaty partnership in the Purpose as well as in the Principles.

·        Include in policy consideration of priority of iwi/hapu cultural uses.

·        Examples of temporary commercial activities provided e.g. surf schools, bike hire, an inflatable water park.  Different to mobile shops e.g. coffee carts, which was set out in a separate policy.  Qualmark certification was a new requirement; further information on cost and time involved for applicants requested.

·        Noted need for time and cost allowance for iwi to be consulted on various activities e.g. operation of cultural tours; to avoid appropriation or misuse of cultural heritage.

·        Issue 5 – fees to use council land. Consistency of booking process/charging mechanisms between uses that were generally not charged.  Current booking and charging systems clarified.

·        Queried how charges would be enforced for commercial operators using council land e.g. kayak operators using the beach and associated facilities.

·        Issue 6 – areas that were not specified with maximum sites meant that an operator could just turn up and run their business.  The tender process was designed to limit operators in busy areas, however there were no limitations outside those zones.  Overlap with the mobile shop policy needs further clarification.  There needed to be a balance between activating a space and managing the impact on existing businesses in the location.  Competition was managed by identifying key sites and limiting operators via the tender process.

·        Issue 7 – should be encouraging particularly in areas of urban intensification such as along Te Papa where residents would have limited access to own gardens.

·        Issue 8 – Tangata Whenua views on memorial seats?  Unknown at this stage. Mana whenua may have thoughts on location and who was considered “worthy”. A “worthiness” clause was not recommended as raises questions around who decides.

·        There was support for designated areas for memorial trees, in an appropriate location culturally and in terms of city expansion.

·        Issue 9 – allocate a percentage of space for signage and allow the various groups to determine signage within that allocation. 

·        Separate policy on naming rights for buildings.

·        Issue 10 – a maximum term for a long-term lease could rule out immediate long-term capital investment as the holder of a licence needed longer term certainty to make investment decisions.  Exceptions to the policy would be brought back to the Council table for a decision.

·        Issue 11 – residents tended to regard stormwater reserves as their own parks and extensions to their backyards. Residents needed to be aware and educated on appropriate uses of stormwater reserves.  They were reserves whose primary use was for stormwater management and also used for ecological enhancement in the area.  Possible exceptions to the policy could be envisaged to allow appropriate use of the open space provided by a stormwater reserve.

·        Scattering of ashes on beaches would be prevented as this was culturally offensive.  This highlighted the need to be able to enforce a policy.

 

Discussion points raised

·        A report on the Review of Mobile Shops Policy would be presented to the Committee in the New Year.

·        Staff would provide an update on Community Gardens.

 

Committee Resolution  SFR7/21/2

Moved:       Dr Wayne Beilby

Seconded:  Commissioner Shadrach Rolleston

 

That the Strategy, Finance and Risk Committee provide the following direction for the purpose of the development of a draft policy:

Issue 1: Decisions on the Policy Purpose and Principles

(a)     Approve the proposed purposes and principles (para 21) for incorporation into the combined draft policy.

Issue 2: Prioritisation of Uses and Users on Council Land

(b)     Agree to prioritise and update the current booking criteria for outdoor spaces.

(c)     Agree to set policy criteria for selected high use reserves to relieve current pressures.

Issue 3: Management of Active Reserves (Sports fields)

(d)     Agree to set new prioritisation to specify that the priority of active reserves is community sport and staff will work with stakeholders to determine policy clauses that further prioritise between tournaments, regular games, training, high performance sport, national bodies and regional sporting organisations, users from outside Tauranga, and other uses where they do not displace community sports.

Issue 4: Assuring the Quality and Suitability of Temporary Commercial Activities on Reserve Land

(e)     Agree to set criteria for all temporary commercial activities on reserves.

(f)      Agree to amend the threshold criteria to require operators to meet health and safety requirements, be small scale activities, have a Qualmark certification, and obtain a minimum score in the tender weightings.

(g)     Agree to allow two-year maximum tender length for quality operators with a review after year one.

(h)     Require cultural tour operators to show evidence of engagement with appropriate iwi / hapū representatives.

Issue 5: Decisions on the Payment or Non-payment of Fees to Use Council Land

(i)      Agree to provide a policy clause to clarify weddings are not charged fees.

(j)      Agree no fee is required for fitness classes or bootcamps but they must book the site and time.

(k)     Agree to require tour operators who charge a fee for service on council land, to obtain a licence and pay a fee to council (amount to be determined by a review of fees and charges in the next Annual Plan).

Issue 6: Allocation of Tendered Licences

(l)      Agree to the following changes to the allocation of tendered licences:

(i)      reducing the number on the Mall, Mount Maunganui from 4 to 3

(ii)     increase the number on Marine Parade, Mount Maunganui (on the beach between Mussel Rock and Oceanbeach Road) from 3 to 4

(iii)     remove Memorial Park from the tender process

(iv)    remove Fergusson Park from the tender process

(v)     increase the number on Kulim Park from 2 to 3

(vi)    add a maximum limit of 4 on Marine Parade between Adams Avenue and Pacific Avenue from 1 December to 31 March following year (currently no limit)

(vii)    reducing the number on Marine Parade opposite Tay Street from 2 to 1.

Issue 7: Community Gardens

(m)    Agree to keep the status quo with potential minor amendments to current policy.

Option 2 – provide support, encourage and fund

Issue 8: Memorials

(n)     Add policy clauses to clarify that council land is not for the purpose of private memorials but limited provision is made for the donation of memorial seats and trees in designated areas. Memorial seats are in place for 10 years or the lifetime of the seat.

Issue 9: Sponsorship Signage on Reserves

(o)     Keep the current criteria but allow discretion by the asset manager for exceptional circumstances and require a final design that must be signed off by council staff.

Issue 10: Leases and Licences to Occupy

(p)     Include a policy clause setting a maximum term for a secondary long-term lease.

Issue 11: Stormwater Reserves

(q)     Agree to provide policy clauses which clarify the purpose of stormwater reserves, explain why they require a different level of service of grass and vegetation, specify no swimming, and specify no structures or moveable items that can be shifted by water flows in extreme rain events within flowpaths or near waterways.

Issue 12: Merging and Aligning Content into a Single Policy

(r)      Agree to the following content changes:

(i)      remove the procedural elements of the Outdoor Spaces Booking Policy into a separate procedure

(ii)     keep the minimum criteria operators must meet as set in the Temporary Commercial Activities on Reserves policy provisions, but remove tender attributes and weighting from the policy

(iii)     simplify the Markets and Stalls policy provisions to set out that a permit is required and may be applied for by supplying the required information on the appropriate application form, and that successful applicants must comply with the conditions of that permit to be allowed to operate

(iv)    simplify the Community Gardens policy to set out the intended purpose of community gardens, the role of council, the requirement for a licence to occupy and the requirement for a community garden management group and move other content into a template licence to occupy agreement.

Issue 13: Policy Clarifications

(s)     Agree to the following policy clarifications:

(i)      clarify that if someone is operating a business off site, but as part of that business uses a reserve, e.g. online bicycle bookings where people collect bikes from a reserve, or online surf school bookings who then offer lessons from a reserve, do constitute a commercial activity on reserves and must obtain a commercial licence

(ii)     clarify that council is not obliged to offer a licence to all temporary commercial activity applicants or for all sites on reserves

(iii)     clarify that reserves that have tendered licences are also able to have other temporary commercial activities that don’t meet the criteria for a tendered licence

(iv)    clarify where a tendered site is left empty, it may be filled with another commercial activity provided the operator’s activities are outside of the scope of the tendered licence activities

(v)     clarify that playcentres are excluded from the definition of Early Childhood Education centres (ECE) and are treated the same as other community groups

(vi)    clarify in the policy that the policy considerations apply when considering a new lease for existing ECE facilities or a variation to a lease and they will be applied to lease renewals and assignments where possible

(vii)    clarify that ashes are not to be scattered on council land and a garden is provided at the cemetery for this purpose.

Carried

 

10.2       Update on the City Vision Project

Staff          Jeremy Boase, Manager: Strategy & Corporate Planning

 

 

Key points

·        Noted the My Tauranga Vibe campaign was successful, almost 4000 people started the survey, about 1% dropped off during the survey.  Fewer responses to the demographic questions.

·        Marked success in getting to a younger demographic.

·        The six personas -  no real dominant persona; indicates a reasonably balanced response from the community, not captured by any particular interest group; also a reasonably balanced geographical response across the city.

·        Staff would now collate with other vision work undertaken and report back a consolidated vision strategy to Council next year.

 

In response to questions

·        The Committee congratulated the team that developed the My Tauranga Vibe survey.

·        My Tauranga Vibe was only one of the inputs into the Vision Strategy and there was a  need to ensure all views were considered and given weight.

 

Committee Resolution  SFR7/21/3

Moved:       Commissioner Bill Wasley

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)               Receives the ‘Update on the City Vision Project’ report.

Carried

 

The meeting adjourned at 12.27pm and reconvened at 1.20pm.

 

 

10.3       Wairoa River Valley Strategy review - project update

Staff         

Anne Payne, Strategic Advisor

Jeremy Boase, Manager Strategy and Corporate Planning

 

Key points

·        Working with Western Bay of Plenty District Council (WBOPDC), Bay or Plenty Regional Council (BOPRC) and hapū representatives to scope a review of the Wairoa Valley River Strategy. 

·        Strategy area currently included a narrow geographic area; much of which was outside Tauranga City Council territory.  It was proposed to move away from a focus just on the Wairoa River Valley to look at the entire Wairoa River.

·        Requested review was agreed to by the two councils in 2018 and programmed for the 2021 year.

·        Areas of hapū focus were clarified.

·        Comprehensive and sustainable approach for the entire Wairoa River.  Subsequent work has been based around getting the right people and parties involved in the strategy review, and meeting and engagement with the various stakeholders.

·        There was an open offer from BOPRC staff to present on freshwater management to any interested parties.

·        Conscious of Tauriko West planning process and the Wairoa River hapū contribution to that process.

·        Question around value of progressing with the Wairoa River Valley Strategy review currently and suggested that this wait for the outcomes of the National Policy Statement for Freshwater Management (NPS-FM) process. 

 

In response to questions

·        Clarified that the Strategy remains in place until revoked or renewed.

·        Document still relevant in terms of the whole catchment, as it included a number of themes for this particular corridor, particularly for management of effects of Tauriko West development.  Mindful that a number of actions in the Strategy would need to be reviewed or put on hold while work through impacts of the NPS-FM.

·        Waiting for the NPS-FM did not endanger resolution or progression of any particular issues  and should allow various aspirations to be met rather than relying on voluntary agreements. Strategy document was a non-statutory document.

 

Discussion points raised

 

·        Importance of further discussions with all parties involved.

·        Working with the BOPRC team to look at the suggested freshwater management hui.

·        On-going discussion on NPS-FM and its potential effects.

 

Committee Resolution  SFR7/21/4

Moved:       Commissioner Shadrach Rolleston

Seconded:  Dr Wayne Beilby

That the Strategy, Finance and Risk Committee:

(a)     Receives the Wairoa River Valley Strategy review project update report.

Carried

 

10.4       Updated outline work programme for the Committee

Staff          Jeremy Boase, Manager: Strategy & Corporate Planning

 

 

In response to questions

·        Leave at quarterly updates at this stage.

 

Discussion points raised

·        City Plan review placed on hold due to the RMA reforms.

·        A review of the Public Art Policy was well underway, and a report was expected in the first half of 2022.

·        Urban Design Panel – final recommendations were expected at the end of current financial year .

 

Committee Resolution  SFR7/21/5

Moved:       Commission Chair Anne Tolley

Seconded:  Commissioner Bill Wasley

That the Strategy, Finance and Risk Committee:

(a)     Notes the updated outline work programme for the Committee per Attachment 1.

Carried

 

10.5       Long-term Plan 2021 - Actions Report

Staff         

Christine Jones General Manager Strategy and Growth

Jeremy Boase Manager: Strategy & Corporate Planning

Josh Logan, Team Leader: Corporate Planning

 

Key points

·        Bring back quarterly or six monthly, with completed actions removed.

 

In response to questions

·        It would be useful to include an indication of timeframe of completion.  This would be helpful for consultation on the Annual Plan next year.

·        Direct specific questions to appropriate General Managers.

Committee Resolution  SFR7/21/6

Moved:       Commissioner Stephen Selwood

Seconded:  Ms Rohario Murray

That the Strategy, Finance and Risk Committee:

(a)     Receives the Long-term Plan 2021 – Actions Report.

(b)     Notes the progress to date as reported in Attachment 1.

Carried

 

10.6       Growth & Land Use Projects Progress Report - December 2021

Staff         

Christine Jones, General Manager Strategy and Growth

Andy Mead, Manager: City & Infrastructure Planning

Carl Lucca, Programme Director: Urban Communities

 

Refer to the tabled document “SmartGrowth Priority Development Areas tracker” tabled at the SmartGrowth meeting 1 December 2021.

 

Key points

·        Key points were summarised in paragraph 4.

·        Council was working with Kainga Ora to look at all possible areas for rezoning. 

·        The City Plan review was on currently on hold and staff would bring back a report in the new year with priority plan changes.

 

In response to questions

·        Budgets for Urban Design Panel – $100,000 per annum in the 2022/23 operational budget onwards had been included to cover these costs; there may be further recommendations about the budget required going forward e.g. internal resourcing.

·        Key issues from PC 27 – Staff were preparing responses to formal list of questions received; a  number of submissions supported flood management through an infrastructure-led approach

·        Industrial land report – a survey of available industrial land was undertaken annually. This was not a future thinking piece of work about the location of future industrial land, it demonstrated challenges being faced currently

·        Housing Bill – The Select Committee has reported back and was unlikely to change the Bill.  It appeared that there was little recognition of the issues raised in the TCC submission and a clear direction to progress the Bill.  This meant it would be virtually impossible to carry on with PC 26 and it would need to be withdrawn or deferred. Staff would have further conversations with Government officials.

 

Discussion points raised

·        The Committee commented that staff were doing a tremendous job in this area, but the system was cumbersome and unwieldy, with too many layers of decision making. These factors would create challenges for the Council to be able to move forward.

 

Committee Resolution  SFR7/21/7

Moved:       Commissioner Stephen Selwood

Seconded:  Commissioner Shadrach Rolleston

That the Strategy, Finance and Risk Committee:

(a)     Receives the Growth and Land Use Projects Progress Report – December 2021.

Carried

 

10.7       Transport Strategy and Planning Progress Report - December 2021

Staff         

Christine Jones, General Manager Strategy and Growth

Andy Mead, Manager: City & Infrastructure Planning

Alistair Talbot, Team Leader: Transport Strategy and Planning

 

Key points

·        Key TCC business cases now in the market; Waikato and BOPRC would follow next year. Central Government policy and processes were still emerging.

·        Funding availability – Waka Kotahi (WK) signalling heavy constraints on the National Land Transport Fund which had implications for Tauriko works. 

·        Enabling works was critical for the TBE industrial area to connect and would allow 40ha to be developed based on the enabling works. 

·        Remaining risk in western corridor was the misalignment between development of the transport corridor and business/housing aspirations.

 

In response to questions

·        Modelling would continue to look at the origin and destination of traffic using Tauriko West roads, which showed 50% was freight usage. Staff were working with Waikato authorities to pick up on interregional freight and transport flows. Port freight predictions were also been included.

·        Key issue was the funding.   Staff would continue to work with WK to streamline the process to ensure that funding streams provided certainty for both quantum and timing.  However the business case process  mandated by government was complex and changing e.g. now included climate change emission reduction targets and were being relitigated on the basis of new criteria, which made it difficult for growth councils. Discussion was underway with WK in terms of emissions reduction targets. 

·        It was recognised that the Tauriko West project was not about commuters and public transport but freight going through New Zealand’s busiest port which was critical to other aspects of the country’s development and economy.

 

 

Committee Resolution  SFR7/21/8

Moved:       Mr Bruce Robertson

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)     Receives the Transport Strategy and Planning Progress Report – December 2021.

Carried

 

10.8       Waters Strategy and Planning Progress Report - December 2021

Staff         

Nic Johansson General Manager Infrastructure

Claudia Hellberg, Team Leader: City Waters Planning

 

Key points

·        Declining flow in source streams required a multi-faceted approach to manage water.

·        Three key strategic projects  included developing a modelling tool that would be able to predict and also factor in water quality; development of a subregional management strategy/holistic approach for three waters and developing a reconsenting strategy for the most important consents the council holds.

 

 

 

Discussion points raised

·        BOPRC concerns about the purpose of the subregional approach work as they felt much of the work had already completed by BOPRC. 

·        Point of the approach was to pull together the various pieces of works completed by the three councils, and move towards agreement on regional objectives, in order to understand what other organisations have underway to avoid overlaps and also gaps.

 

Committee Resolution  SFR7/21/9

Moved:       Commissioner Stephen Selwood

Seconded:  Commission Chair Anne Tolley

That the Strategy, Finance and Risk Committee:

(a)     Receives the Waters Strategy and Planning Progress Report - December 2021.

(b)     Supports in principal the development of a sub-regional long-term system plan for water.

Carried

 

10.9       He Puna Manawa: Naming of temporary Library and Customer Service Centre

Staff          Carlo Ellis, Manager: Strategic Māori Engagement

 

 

Key points

·        Exciting opportunity with the lease of the Goddards Plaza to house the library and customer service centre and to change the way the Council interacts with the public; create a hub for activity and interactive engagement.

·        Council has engaged with Ngai Tamarawaho and Ngāti Tapu and kept Te Rangapū Mana Whenua o Tauranga Moana informed as this supports mana whenua decision making around naming.

·        Noted that the logo was designed by local artist Quentin Bidois.

·        TCC Heritage Collection have been involved in the development.

·        Mana whenua were involved in the design team and will also be in the implementation and project teams

 

In response to questions

·        The building owner has been approached and has started building a relationship with mana whenua to keep the name alive once the TCC lease concludes.

 

Committee Resolution  SFR7/21/10

Moved:       Commissioner Shadrach Rolleston

Seconded:  Ms Rohario Murray

That the Strategy, Finance and Risk Committee:

(a)     Endorses the name and concept of He Puna Manawa, as gifted by mana whenua to the temporary location for the Central Library and Customer Services Centre.

Carried

 

10.10     Te Manawataki o Te Papa: Naming of Civic Precinct

Staff          Carlo Ellis, Manager: Strategic Maori Engagement

 

 

Key points

·        Staff have consulted with mana whenua who were involved in the original masterplan in 2018; as well as broader mana whenua and Te Rangapū Mana Whenua o Tauranga Moana, which was facilitated by Josh Te Kani.

·        Quintin Bidois was also involved in logo design.  

·        The key components of the design were outlined.

·        There was a need to ensure the way the project was delivered adhered to the agreed Kaupapa.

·        Staff noted reference to the heartbeat as being broader and more active than the heart.

 

Committee Resolution  SFR7/21/11

Moved:       Commission Chair Anne Tolley

Seconded:  Commissioner Bill Wasley

That the Strategy, Finance and Risk Committee:

(a)     Endorses the name and concept of Te Manawataki o Te Papa as offered by mana whenua to the Tauranga Civic Precinct.

Carried

 

10.11     BOPLASS Estimated Savings to Tauranga City Council

Committee Resolution  SFR7/21/12

Moved:       Commissioner Bill Wasley

Seconded:  Commissioner Shadrach Rolleston

That the Strategy, Finance and Risk Committee:

(a)     Receives the BOPLASS Estimated Savings to Tauranga City Council report.

lCarried

 

10.12     Deep Dive - Resourcing

Staff         

Susan Jamieson: General Manager: People & Engagement

Tony Aitken, Manager: Human Resources

Chris Quest, Team Leader: Risk

 

A PowerPoint Presentation was provided by staff.

 

 

 

 

 

Key points

·        Opportunity to explore a risk in more detail, focusing on the people side of the resourcing in this deep dive.

·        Outlined summary of TCC workforce, numbers, age, length of service and distribution across sectors of council.

·        Tighter employment market was taking hold making it harder to recruit new staff.  Job advertisements increasing but job applications were decreasing.  Those in the market can dictate terms e.g. salary.

·        Noted the unaffordability of housing in Tauranga can make Tauranga unaffordable for possible new hires, also puts pressure on salaries offered.

·        Summarised current situation in TCC. 91 current open vacancies, especially difficult to find planners, engineers, project managers and building inspectors.  Using external recruitment agencies more frequently.

·        Looking at a mobility policy and flexible ways of working to attract talent based outside of Tauranga.

 

In response to questions

·        Gathering further data not just on who TCC hires but who applies and who was not hired in terms of diversity and demographics.

·        Need to provide real career opportunities for staff to retain staff.

 

Discussion points raised

·        Susan was thanked for her contribution to the organisation and the Committee members wished her well in her new endeavours. The Commissioners noted Susan’s work in Health and Safety and rework of the Council’s Communication Strategy and Team.

 

Committee Resolution  SFR7/21/13

Moved:       Dr Wayne Beilby

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)     Receives the Deep Dive - Resourcing report.

Carried

 

11        Discussion of late items

NIL

 

 

 

 

 

 

 

 

 

 

12        Public excluded session
RESOLUTION TO EXCLUDE THE PUBLIC

Committee Resolution  SFR7/21/14

Moved:       Commissioner Bill Wasley

Seconded:  Commissioner Shadrach Rolleston

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

12.1 - Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 1 November 2021

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

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

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

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

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

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

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

12.2 - Cyber Security Update - 2021 Q3

s7(2)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest

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

12.3 - Supplementary Legal Issues Report

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

s7(2)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest

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

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

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

 

Carried

 

 

13        Closing Karakia

Commissioner Shadrach Rolleston closed the meeting with a karakia.

 

 

 

The meeting closed at 4.22pm.

 

The minutes of this meeting were confirmed as a true and correct record at the Strategy, Finance and Risk Committee meeting held on 14 February 2022.

 

 

 

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

CHAIRPERSON

 


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

8          Declaration of conflicts of interest


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9          Business

9.1         Review of the Remission and Postponement of Rates on Māori Freehold Land Policy - Issues and Options

File Number:           A13133716

Author:                    Jim Taylor, Transactional Services Manager

Emma Joyce, Policy Analyst

Authoriser:              Paul Davidson, General Manager: Corporate Services

 

Purpose of the Report

1.      To agree amendments to the Remission and Postponement of Rates on Māori Freehold Land Policy (the policy). A copy of the current policy is attachment 1.

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Agree that the following be incorporated into a draft Remission and Postponement of Rates on Māori Freehold Land Policy for consultation (to be adopted by Council):

(i)      A new purpose statement paraphrasing the Preamble from Te Ture Whenua Māori Act 1993.

(ii)     Revised criteria for remission of rates on land subject to development to only require assessment against the benefits outlined at section 114A of the Local Government (Rating) Act 2002.

(iii)     Provisions extending the ability to remit rates on land intended for development to land returned through a right of first refusal scheme or treaty settlement or where the land is temporarily transferred to general title and held in collective ownership.

(iv)    Provision for 100% remission of general rates on land subject to defined and agreed development or stage of development until such time as the development or stage of development is generating income or persons are residing in the houses.

(v)     Provision for Māori freehold land rates remission which reflects a rate based on Maori freehold land value excluding any subdivision potential unlikely to be realised in Māori ownership. 

(vi)    Provision clarifying that land providing non-commercial community benefit to Māori or papakāinga is eligible for 100% remission of general rates.

(vii)    Provision for partial or full remission of general rates on land that may be partially used for the growing of kai or medicinal plants, or used for a minor economic activity.

 

Executive Summary

2.      Recent changes to the Local Government Act 2002 (LGA 02) and the Local Government (Rating) Act 2002 (LG(R)A 02) require councils to review (and amend if necessary) their policies on the remission and postponement of rates on Māori freehold land before 1 July 2022.  In particular, council rating policies must show support for the principles in the Preamble to Te Ture Whenua Māori Act 1993 (TTWMA 93). (A copy of the Preamble is attachment 2). The principles acknowledge that as land is a taonga tuku iho for Māori, we need to avoid further alienation of land and provide mechanisms that enable the development of Māori freehold land for the benefit of owners, their whanau and hapū.

3.      The LG(R)A 02 now also requires councils to consider any request for remission of rates on Māori freehold land where the owners seek to develop the land. This provides an opportunity to review this council’s approach to the remission of rates on Māori freehold land to align with the more relaxed criteria for remission expressed in the legislation. While Council has had a policy on the remission and postponement of rates on Māori freehold land for some time, the provisions have largely remained the same at each review.

4.      This report requests that the Strategy, Finance and Risk Committee (the Committee) agree preferred options arising from a review of the policy. Staff will then bring back a draft policy incorporating any agreed amendments to the 28 February Council meeting for adoption for consultation.

5.      The table below provides a summary of the proposals recommended through the policy and notes where certain land is automatically non-rateable

Type of remission

Amount of remission

Application

Land under development

Proposal for 100% remission until such time as development is complete (people are residing in homes or income is being generated).

Services charges are not remitted

Māori freehold land, general land returned to collective ownership (except where part of commercial redress) through treaty settlement or right of first refusal

Land under development but partially complete (eg houses are being lived in)

Proposal for rates to be paid on completed development but if development is staged rates can be remitted on the yet to be completed part of the development

Māori freehold land, general land returned to collective ownership (except where part of commercial redress) through treaty settlement or right of first refusal

Land partially used for seasonal crops

Proposal for partial or full remission on consideration of amount of income earned from the crop

Māori freehold land

Land partially used to cultivate kai or medicinal plants for personal or community use

Proposal for 100% remission of general rates

Māori freehold land

Māori freehold land leased on a commercial basis

Fully rateable (no remission)

Land providing non-commercial activity benefitting Māori

100% of general rates. Partial remission of wastewater rates

All land

Unused rating unit of Māori freehold land

Non-rateable per the Local Government (Rating) Act 2002

Māori freehold land

Marae and urupā

Background

6.      Māori freehold land is land where the Māori Land Court has issued a freehold order, or was set aside by the Crown as freehold land, or was determined by the Court to be freehold land. Land is held by individuals who have shares in the land. Land will have economic and cultural value. There is approximately 1,982 hectares of Māori freehold land in Tauranga.

7.      Recognising that rating law and practice could be an impediment to the development of Māori freehold land, Government legislated changes to the LGA 02 and LG(R)A 02 to better enable the occupation, development, and utilisation of Māori land for the benefit of the landowners. In particular, the legislation now requires councils to review their mandatory policies on the rating of Māori freehold land to identify how they can support the principles referenced in the Preamble to TTWMA 93. The Preamble to TTWMA 93 acknowledges that as land is a taonga tuku iho for Māori it is important that we avoid further alienation of land and enable its development for the benefit of the landowners, their hapū and whanau.

8.      Providing for remission of rates on land where the owners wish to develop is one means that councils can support the principles in the Preamble. While Tauranga has provided for rates remission and postponement on Māori freehold land for almost 20 years, other councils used their discretion to not offer rates remission and postponement[1]. In order to achieve a nationally consistent approach to rates remission, the revised legislation now requires councils to “consider” all requests for rates remission on land under development.

9.      While this council has long provided for rates remission, the policy criteria for granting remission are less enabling than envisioned in the amended legislation. The policy currently requires applications for rates remission (regardless of whether the land is under development or not) to include the following:

·    the number of owners on the land; and

·    the physical location of the land; and

·    the nature and extent of any wāhi tapu and the impact of that wāhi tapu on land development and usage; and

·    the amount of income being derived from the block; and

·    whether the land is occupied and to what extent it is occupied; and

·    whether the block of land is connected to council services eg. water and sewerage; and

·    whether there are any potential development options for the block of land.

10.    The above policy criteria reference the matters outlined in Schedule 11 of the LGA 02 (attachment 3) that councils must be cognisant of in developing their policies. However, in considering requests for rates remission for land under development, councils now need only be satisfied that the development is likely to have one or all of the following benefits (section 114A(3) LG(R)A 02):

·    benefits to the district by creating new employment opportunities

·    benefits to the district by creating new homes

·    benefits to the council by increasing the council’s rating base in the long term

·    benefits to Māori in the district by providing support for marae in the district

·    benefits to the owners by facilitating the occupation, development, and utilisation of the land.

11.    A review of the criteria for rates remission is required to assess whether it supports the principles of the Preamble and the general intent of the legislative changes to reduce the barriers to developing Māori freehold land. The policy also currently requires staff to undertake annual assessments of Māori freehold land to determine eligibility for rates remission using the above criteria.

12.    The legislation does not prevent councils from including additional criteria in their policies to consider when determining remissions. Councils also retain flexibility to determine the level of remission. The policy does not currently specify a level of remission instead noting that the “level of remission will be negotiated with an owner or occupier according to the benefits of occupation, having regard to equity with charges made to other ratepayers (clause 4.2)”. Some councils state the level of remission in their policies. For example, Western Bay of Plenty states that the maximum level of remission is 80% in the first year sliding down to no remission in year five.

13.    The policy currently only applies to Māori freehold land. Owners of land held in general title (such as that returned through treaty settlement or right of first refusal) may aspire to develop their land. However, the incentives provided through rates remission do not apply to land held in general title. Other councils have extended the provisions to land returned through treaty settlement and held in multiple ownership.[2] Similarly, the mechanism proposed by landowners for economic development may require land to be transferred (either permanently or temporarily) to general title. However, once converted to general title, owners would not be automatically entitled to seek consideration of rates remission and would need to seek a specific Council decision. 

14.    At present, Māori freehold land is rated on its capital value (the same as land held under general title). Feedback received at a workshop with Te Rangapū was that this practice was potentially unfair as Māori freehold land is unlikely to ever be sold and therefore the capital value would not be realised. Rating of Māori freehold land on the same basis as general land and within western ideas of land value is an issue of longstanding in Tauranga[3].  Auckland Council recognises that Māori freehold land may not realise its capital value and therefore notes in its policy that “the land will be valued to exclude any potential for subdivision and / or development that the land may have that is unlikely to be achieved in Māori ownership”. Provision remains for this calculation to be equitable to similar properties. The Committee may wish to consider adding a similar provision to this council’s policy. Council’s general Rates Postponement Policy already provides for the postponement of rates on farmland where the development potential has increased the value of the property, but the property has not yet realised that potential.

15.    While the legislation now requires consideration of rates remission on land subject to development, councils can continue to choose to offer (either full or partial) remission of rates on Māori freehold land not under development. Council’s general Rates Remission Policy notes that “[L]and used primarily for the promotion of sport, art, health, recreation or education and not used for private pecuniary profit may receive a 100% remission on General rates”. (Services charges still apply). This includes marae. However, feedback from Te Rangapū is that it was not clear if this provision extended to land providing non-commercial, community benefit to Māori or papakāinga.

16.    The “desirability and importance” of land providing economic and infrastructure support to marae and papakāinga is one of the matters relating to rates relief outlined in Schedule 11 of the LGA 02 that councils should consider in developing their policy on the remission and postponement of rates on Māori freehold land. While unused Māori freehold land is automatically unrateable (cl. 14A Schedule 1 LG(R)A 02), the land may become liable for rates if used for agricultural or commercial purposes beyond the simple “gathering” of kai or medicinal plants. This includes where land may be used to grow food to support marae or papakāinga or where the land is used on a seasonal basis to grow maize. Council has discretion to introduce provisions in the policy to remit rates where land may be used to grow kai or medicinal plants, or where a minor economic benefit is gained through the land being used for a seasonal commercial crop cultivation.

17.    Issues for the Committee to consider in reviewing the policy are, in summary:

·    Demonstrating support for the principles included in the Preamble to TTWMA 93

·    Amending the criteria for remission to align with the more enabling criteria in the legislation

·    Scope of land included in policy eligible for rates remission

·    Rate and duration of remission

·    Valuation of Māori freehold land

·    Land supporting non-commercial activity benefitting Māori

·    Land partially used to grow kai or medicinal plants or small commercial, seasonal crops.

Strategic / Statutory Context

18.    A policy on the remission and postponement of rates on Māori freehold land is a requirement of all councils under section 102(1) of the LGA 02 (noting that councils do not have to offer remission or postponement of rates). Policies must include the objectives sought by remission, and the criteria in order for rates to be remitted. The objectives and criteria must have regard to the “desirability and importance” of a range of objectives such as protection of indigenous biodiversity, protection of wāhi tapu, and avoiding further alienation of land (schedule 11 to LGA 02).  This is in addition to the recent requirement noted in the above background section that policies support the principles contained within the Preamble to TTWMA 93.

19.    This review is part of a wider council project reviewing council’s rating policy. All council rating policies must similarly be reviewed to determine compliance with the Preamble by 1 July 2024.

20.    Other legislative changes to the rating of Māori freehold land do not require an amendment to the policy. They are noted below to illustrate the intention of the legislative changes to address some of the inequities with, and challenges of, rating Māori freehold land.

·    Allowing the Chief Executive to waive rates deemed unrecoverable (also applies to general land)

·    Marae land and land protected through a Ngā Whenua Rāhui kawenata now automatically non-rateable

·    Wholly unused land now non-rateable

·    Ability for council (upon request) to rate individual houses on Māori land as a separate rating unit enabling ratepayer to access the Government rates rebate scheme.

21.    Council has previously shown support for the development of Māori land through the development of a policy to provide grants to cover payment of development contributions for papakāinga.

Options Analysis

Issue 1 – Show support for Preamble in policy

22.    As noted in the background section, the main reason for this review is the new requirement to show support in our policy for the principles in the Preamble to TTWMA 93. Council can show this support through the addition of a new clause that paraphrases the Preamble or imply support through provisions in the policy. The table below outlines the advantages and disadvantages of adding an additional provision either as a purpose or principle or not adding a new provision.

Option

Advantages

Disadvantages

1.1

Show support for Preamble through a new policy purpose

(recommended)

·   Clear alignment between the policy and demonstrating support for development of Māori land and principles in the Preamble

·   Ensures that following policy provisions must connect to the purpose

·   Reflects intent of policy and legislation to better enable development of Māori freehold land

·   Complies with legislation

·   Nil

1.2

Retain current purpose but show support for Preamble through a new policy principle

·   Some alignment between the policy and demonstrating support for development of Maori land.

·   Complies with legislation

·   Potentially less emphasis on supporting Preamble and the principles of the Preamble

1.3

Do not include provision demonstrating support for Preamble / imply support through policy provisions

·   Support for principles can be implied through other policy provisions

·   Potential that policy does not comply with legislation

·   Potential that policy does not show clear support for the principles in the Preamble

 

Issue 2- Criteria for remissions

23.    As noted in the above background section, the LG(R)A 02 includes five types of benefits to consider when assessing requests for remission of rates for land under development. (Unused Māori freehold land is non-rateable). This is in addition to the matters listed in schedule 11 of the LGA 02.

24.    The criteria for remission need to be reviewed to be consistent with the legislative direction to more easily enable the development of Māori land.  Council could retain the current criteria or replace that criteria with a statement that remission will be granted where one or more of the benefit(s) outlined in the legislation are met.

Option

Advantages

Disadvantages

2.1

Criteria for land subject to remission need only demonstrate one of the five benefits listed in the legislation

(recommended)

·   Aligns with intention of legislation and Preamble principles to enable development of Māori freehold land

·   Consistent with legislation, including schedule 11 matters

·   Less onus on landowners to provide supporting information to show compliance with criteria

·   Eliminates administrative burden of requiring annual assessments

·   May not show explicit reference to the matters referred to in schedule 11 of the LGA 02

2.2

Retain current criteria for land under development

·   Retains strong reference to the matters referred to in schedule 11 of the LGA 02

·   May not reflect intention of legislation or support the principles in the Preamble to be enabling of land development

·   Places onus on applicant to comply rather than Council being seen to be enabling and supportive of land development

·   Current criteria are not required to assess benefits of land development

·   Council may already hold this information in its systems – avoids duplication

 

Issue 3 – Land included in scope of policy

25.    While the legislation and our policy only apply to Māori freehold land, there is an opportunity to extend the policy to land returned to iwi or hapū through treaty settlement (non-commercial redress) or right of first refusal. This land is usually held in general title. The advantages and disadvantages of each option are outlined below.

·   ·  

·   ·  

Option

Advantages

Disadvantages

3.1

Include land returned through treaty settlement in the scope of the policy (non-commercial redress)

(recommended)

·   Recognises importance of land

·   Recognises not all land is Māori freehold land but owners may similarly wish to develop that land for their benefit or benefit of their hapū

·   Supports principles in Preamble, particularly recognising the significance of land and allowing the ability for it to be developed

·   Acknowledges the recent adoption of right of first refusal scheme for surplus council land

·   Nil

3.2

Include land returned through right of first refusal in scope of policy

(recommended)

3.3

Include land temporarily transferred to general title in scope of policy

(recommended)

3.4

Policy only applies to Māori freehold land (status quo)

·   Consistent with legislation that remission only for Māori freehold land

·   Potentially less impact on rates take

·   Does not acknowledge potential aspirations for development of land

·   Potential that policy does not support principles of Preamble, particularly providing for the development of land

 

Issue 4 – Rate of remission

26.    The legislation does not specify the rate of remission and allows councils to determine if they will remit all or part of the rates for the duration of a development, differently during the different stages of a development and subject to any other conditions specified in the policy (s114A(4) LGA 02). Subject to a decision on issue three above, the same level of remission would apply to rating units returned or purchased through treaty settlement or right of first refusal where that land is intended for development.

27.    At present, the policy allows staff to negotiate remission with landowners. The table below outlines the advantages and disadvantages of retaining the status quo or setting a rate of remission in the policy.

Option

Advantages

Disadvantages

4.1.1

Retain flexibility to negotiate level of remission

(status quo)

·   Flexibility to respond to remission applications based on type of development proposed

·   Potentially does not reflect intent of legislation to be enabling of development

·   Less certainty for staff in determining remissions

·   Potential for inconsistent treatment of applications over time

4.1.2

Set a rate of remission in the policy

(recommended)

·   Provides certainty to Council and staff

·   Ensures consistent practice over time

·   Potentially less flexibility to adjust remission for proposed developments with differing or greater benefits

28.    If the Committee chooses option 4.1.2, consideration must be given to the rate of remission. Councils are required to consider the following in determining the proportion of rates to remit during or at any stage of the development (section 114A(5) LG(R)A) 02;

·    Expected duration of the development

·    When income is expected to be generated from commercial developments

·    When the ratepayer or others person is likely to be able to reside in the dwellings.

Option

Advantages

Disadvantages

4.2.1

Remission over five years with 80% in first year and zero in fifth year

·   Consistent with legislation

·   Consistent with current Western Bay of Plenty policy

 

·   Some developments may take longer than five years

·   Potential inequities with other ratepayers who are developing properties but cannot have rates remitted during that time

4.2.2

100% remission for the defined and agreed development or stage of development until income generated or dwelling is inhabited

(recommended)

·   Consistent with legislation

·   Provides certainty to council staff when working with landowners

·   Recognises that a range of factors can influence how long a development takes to be completed

·   Potential inequities with other ratepayers who are developing properties but cannot have rates remitted during that time

 

Issue 5 – Remission to adjust Māori rateable land values

29.    In general, all properties are rated on their capital value. Where Māori freehold land is valued for a highest and best use that is unlikely to be realised under Māori ownership, there is an option to rate Māori freehold land based on its value excluding any development potential. There is also potential that where land is developed, it may not be the “highest and best use” of that land. The Committee could consider confirming in the policy its intention to rate Māori land on its capital value, on its land value, excluding development potential unlikely to be realised in Māori ownership, or to allow for rates postponement on a similar basis to that available to farmland.

30.    It is expected that this could apply to Māori freehold land over eight hectares in area. There are around 20 properties that fit this criterion with annual rates of $125,000. Council’s valuers estimate the remission would be between zero and 40% depending on current valuation methodology.

Option

Advantages

Disadvantages

5.1

Māori freehold land rated on its capital value

 

·   Consistent with land held in general title

·   Equity with other ratepayers who may not desire to realise capital value of their property

·   Māori freehold land unlikely to realise the capital value

·   Less support for Preamble principle noting importance of land to Māori

5.2

Māori freehold land rates remission which reflects a rate based on Maori freehold land value excluding  any subdivision potential unlikely to be realised in Māori ownership 

(recommended)

·   Recognises that Māori freehold land is unlikely to be sold or in some cases achieve its highest and best use

·   Supports Preamble principle noting importance of land to Māori

·   May better acknowledge Māori views of land value and ownership

·   Inconsistent with land held in general title

·   Potential impact on rates take

5.3

Postponement similar to farmland

(only if option 5.2 not approved)

·   Consistent with policy on rates remission for general land

·   Potential to disincentivise development

·   Postponement requires payment of rates at future date (usually when sold) and approval of owners which might not be possible with Māori freehold land

 

Issue 6 – Remission on land used for non-commercial purposes for the community benefit of Māori

31.    Council’s policy on rates remission for general land provides for 100% remission on general rates where that land is used for non-pecuniary community benefit. The provision is unclear if that applies to land used for the benefit of Māori, such as hauora providers.

Option

Advantages

Disadvantages

6.1

Add provision to this policy providing for remission on land used for non-commercial community benefit of Māori

(recommended)

·   Consistent with policy to offer 100% remission on general rates for community organisations

·   Greater clarity that land providing community benefit to Māori is eligible for 100% remission of general rates

·   Consistent with schedule 11 provisions to take into account role of land in providing economic and infrastructure support for marae or papakāinga

·   Nil

6.2

Adjust Rates Remissions Policy to clarify and extend existing provision to land providing benefit for Māori

 

·   Consistent with policy to offer 100% remission on general rates for community organisations

·   General Remissions Policy already notes exceptions for marae and Māori reservations

·   Potential confusion as references to remission for land providing benefit to Māori is split between two policies

6.3

Do not clarify that 100% remission includes land providing community benefit for Māori

·   Potential that issue is covered through existing provisions in Rates Remission Policy

·   Potential confusion as to the applicability of current provision in Rates Remission Policy to organisations providing benefit mainly to Māori

 

Issue 7 – Rates remission on partially used Māori Freehold Land

32.    Councils retain discretion to offer remission on partially used land. The table below outlines the advantages and disadvantages of offering remission on land partially used for a minor economic activity (such as seasonal maize crops) or used to grow kai and medicinal plants.

·  

·   ·  

Option

Advantages

Disadvantages

7.1

Provide remission of rates on land used for minor economic activity

(recommended)

·   Consistent with schedule 11 provisions to provide for economic use

·   Consistent with schedule 11 provisions to take into account role of land in providing economic and infrastructure support for marae or papakāinga

·   Consistent with schedule 11 provisions to recognise use of land for traditional purposes

·   Potential challenges in determining minor economic activity, particularly where other landowners may pay full rates on small parcels of land used for crops

7.2

Provide remission of rates on land that is used for growing kai or medicinal plants

(recommended)

·   Nil

7.3

Do not provide remission of rates on land used for minor economic activity

·   Nil

·   Potential that policy does not align with the schedule 11 provisions

·   Council required to rate land where the land returns limited financial benefit

7.4

Do not provide remission of rates on land that is used for growing kai or medicinal plants

33.    If the Committee agrees to the recommended option, the amount of rates remitted will consider the percentage of the income derived from partial use subsequently required to be expended on rates. Staff will also have regard to comparable rating units in Tauranga or neighbouring districts.

Financial Considerations

34.    There are 442 Māori freehold land rating units in Tauranga with a total land area of 1,982 hectares. Total rates assessed in 2021/2022 were $420,000 with $150,000 rates remission on land with part use.

35.    It should be noted that one of the benefits to be considered in providing for remission on land subject to development is the likelihood of an increase in council’s rating base in the future.

Legal Implications / Risks

36.    There are no legal implications arising from the recommended options. A draft policy may be subject to legal review before adoption.

Consultation / Engagement

37.    Staff discussed the legislative changes with Te Rangapū in June 2021 before taking a draft policy to Te Rangapū for discussion in October 2021. Feedback was sought on the following issues;

·    Meeting the requirement to show support for the Preamble through a revised purpose statement

·    Criteria for remission

·    Including land returned through treaty settlement or right of first refusal in the policy for the purposes of remission.

·    Retention of clauses relating to postponement in the policy

·    Appropriate level of remission.

38.    Feedback from Te Rangapū was generally supportive. Of particular note is the need to approach the policy from a te ao Māori perspective and acknowledge that papakāinga is not just housing. With regards to papakāinga, any definition of papakāinga used in this policy will be consistent with the definition in the recently adopted Grants for Development Contributions on Papakāinga Policy.

39.    Other matters raised by Te Rangapū are discussed in issues five and six. 

40.    Some Te Rangapū members noted that the contribution of hapū and iwi to the growth of Tauranga was not acknowledged in rating policies and practices, in particular charging targeted rates for services. This is an issue of longstanding. Schedule 11 provides for councils to recognise the “levels of community services provided to the land and its occupiers” when considering the issue of rates relief on Māori freehold land.

41.    This report and the recommended options have been provided to trusts and landowners. Initial feedback was generally positive with more detailed responses being reserved for the submission process.

42.    Staff have also discussed the policy with staff from Bay of Plenty Regional and Western Bay of Plenty District Councils with a view to having consistent approaches to the rating of Māori freehold land.

Significance

43.    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.

44.    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.

45.    In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of medium significance.

ENGAGEMENT

46.    All rating policies adopted under section 102 of the LGA 02 must be consulted on in accordance with the principles of section 82 of the LGA 02. 

Next Steps

47.    Staff will incorporate any amendments agreed at this meeting into a draft policy to be adopted for consultation at the 28 February Council meeting.

48.    Statutory consultation on the draft policy will take place as part of the draft Annual Plan consultation.

Attachments

1.      Remission and Postponement of Rates on Māori Freehold Land Policy - A13134641

2.      Preamble to Te Ture Whenua Māori Act 1993 - A13132247

3.      Schedule 11 Local Government Act 2002 - Matters relating to rates relief on Māori freehold land - A13133092   


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9.2         Review of Rates Remission and Rates Postponement Policies - Issues and Options

File Number:           A13134749

Author:                    Jim Taylor, Transactional Services Manager

Emma Joyce, Policy Analyst

Authoriser:              Paul Davidson, General Manager: Corporate Services

 

Purpose of the Report

1.      To agree amendments to the Rates Postponement and Rates Remission Policies (the policies) (attachments 1 and 2).

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Notes that reference to the Preamble to Te Ture Whenua Māori Act 1993 will be added to Council’s Revenue and Financing Policy.

(b)     Agree that the following matters be addressed in a draft Rates Postponement Policy for consultation (for adoption by Council);

(i)      deletion of all criteria for rates postponement for financial hardship except the requirement for there to be at least 25% equity in the property and that the ratepayer must not be able to access support from private sector financial institutions.

(ii)     addition a new criterion that applications for rates postponement for financial hardship may only be for the property the ratepayer is currently residing in.

(iii)     addition of a new criterion providing for postponement of rates on rating units where the valuation may have increased due to boundary adjustments and re-zoning from rural to urban uses, noting that a maximum of six years postponed rates will be due when the property is sold or developed.

(c)     Agree that the following matters be addressed in a draft Rates Remission Policy for consultation (for adoption by Council);

(i)      Addition of a provision for partial remission of general rates and targeted rates set at the capital value on rating units with both a license to grow gold kiwifruit and planted vines where the rates have increased by more than the citywide average, noting that the remission will be for the portion of rates above the citywide average and for a maximum of three years with 100% remission in the 2022/2023 financial year and two thirds remission in year two (2023/2024).

(ii)     Deletion of provisions pertaining to remission of wastewater rates for schools and reference to remission of rates on land designated a Māori reservation.

 

Executive Summary

2.      In adopting the Long-term Plan 2021-2031 (LTP) and in response to public feedback, Commissioners requested a review of council policies on the remission and postponement of rates, particularly for those on fixed incomes. Recent legislative changes also require councils to review their policies on rates remission and postponement to confirm they support the principles in the Preamble to Te Ture Whenua Māori Act 1993 (TTWMA 93) (copy of preamble appended at attachment 3).

3.      This report asks the Strategy, Finance and Risk Committee (the Committee) to agree any amendments to the policies. Draft policies incorporating any agreed amendments will be presented to the 28 February Council meeting for adoption for consultation.

Background

4.      Recent legislative changes require councils to review their rates postponement and remission policies to confirm they support the principles in the Preamble to TTWMA 93. These principles acknowledge the significance of land to Māori and the need to avoid further alienation while providing for the development of land.

5.      During consultation on the LTP, feedback was received that increasing rates would place a particular burden on persons on fixed incomes, particularly people whose sole income was New Zealand superannuation. While persons receiving New Zealand superannuation may be eligible to receive the government rates rebate, Council committed to looking at options to further support people on fixed incomes manage their rates payments. This included a review of our remissions and postponement policies.

6.      Under section 102(3) of the Local Government Act 2002 (LGA 02), councils may adopt policies on the remission and postponement of rates. Rates postponement policies must state the objectives sought by the policy and the conditions and criteria that must be met for rates to be postponed. The objectives of this council’s policy are to support ratepayers experiencing financial hardship and to recognise council zoning changes that may impact on rating valuations. Applicants seeking postponement on the grounds of financial hardship must currently meet all of the following criteria;

·        Payment of the first $1,000 of rates

·        Have at least 25% equity in the property

·        Applied for the government rates rebate scheme.

·        Unable to access financial assistance from private sector financial institutions.

7.      These criteria were introduced into the policy at its last review in 2018 in order to provide some certainty to applicants and avoid a council committee deciding on postponement applications. Providing for postponements for financial hardship recognised that the decision to charge higher rates on higher value properties may impact ratepayers on fixed incomes but residing in a high value property. While postponement policies must contain some criteria, a review of the above criteria can consider whether all of the criteria remain necessary or potentially place additional burden on persons seeking postponement for financial hardship.

8.      Some councils (including Christchurch City and Western Bay of Plenty District Councils) provide for anyone aged 65 or over to postpone all or part of their rates. Dunedin only requires the applicant to prove that they do not have the financial capacity to pay their rates or doing so would create financial hardship. While Taupō offers postponement for persons receiving New Zealand superannuation, it also requires the person to have been a residential ratepayer in the district for at least ten years.

9.      In general, this council’s rates postponement criteria are consistent with other councils. Wellington similarly requires the applicant to have first applied for a reverse mortgage from their bank. As reported to the November 2021 Committee meeting, we are collaborating with other metro councils to develop a rates postponement scheme that would provide an equity release scheme. This would be a more cost efficient and less expensive scheme than keeping the postponed rates on council’s books. 

10.    Other councils provide assurance that any postponement is for the property the ratepayer is currently residing in. Consideration should be given to adding this condition to this council’s postponement policy. Ratepayers seeking postponement are asked to confirm that the application concerns their current residence, however, it is not currently a criterion in the policy for approving an application.

11.    Land is rated on its highest and best use. Recognising that not all land will be utilised for its highest and best use, the policy currently provides for ratepayers of rezoned farmland to postpone part of their rates. The level of postponement is calculated on the difference between the rateable value of the rateable unit and the valuation of a comparable farmland rating unit elsewhere in Tauranga or surrounding district. Postponed rates are due when the land is sold, subdivided or has a change in use. A property could have postponed rates for several years but would only be required to pay up to six years of postponed rates when the land is sold, subdivided or has a change in use.

12.    There is no intention to review the above provisions relating to farmland. However, consideration could be given to extending this provision to other rating units where the value may have increased due to council re-zoning the land from rural to residential use. This is likely to apply to properties moved into the Tauranga City Council area as a result of recent boundary adjustments. Such properties will be rated for their “highest and best use” but may not be able to realise that use until such time appropriate service provisions are put in place (potentially ten years away).

13.    The Valuer-General recently accepted the view that rating valuations for kiwifruit orchards must now include the licence to grow gold kiwifruit and the planted vines. This view was supported by an assessment against the Rating Valuations Act 1998 definition of value of improvements, which requires the assessment of the value of all work done on or for the benefit of the land. While a recent decision from Land Valuation Tribunal has held that gold kiwifruit licenses should not be included in the land valuation[4] , if the change is upheld it will mean an increase in the capital value and the value of improvements of gold kiwifruit properties. This change will affect approximately 22 properties in Tauranga who may have an increase in their rating valuation significantly above the citywide average. Staff are finalising data on the actual financial impact of this change and will provide this information to the Committee at its meeting.

14.    Councils have discretion to introduce provisions in their rates remission policy to ease the transition to the increased rating valuation for gold kiwifruit orchards. Unlike the properties described in paragraph 12, the properties are used for their highest and best use. As such, it is more appropriate to consider offering remission than postponement.

15.    In summary, the issues for consideration are

·   Ensuring policies support the principles in Preamble to TTWMA 93

·   Criteria for postponement of rates

·   Postponement or remission of rates on re-zoned properties

·   Remission of rates on gold kiwifruit orchards

Strategic / Statutory Context

16.    Section 102 of the LGA 02 provides for councils to adopt policies on the remission or postponement of rates. Councils are required to review (and amend if necessary) their remission and postponement policies to confirm they support the principles in the Preamble to TTWMA 93 by 1 July 2024.

Options Analysis

Issue 1 – showing support for principles in the Preamble

17.    The principles in the two policies reference back to the general principles included in the Revenue and Financing Policy – accountability, exacerbators, affordability, benefits and practicalities. The Committee could add an additional principle to the Revenue and Financing Policy to address the preamble or add an additional statement to both the postponements and remissions policy.

18.    Table below outlines the advantages and disadvantages of each option. 

Option

Advantages

Disadvantages

1.1

Add provision to the policies referencing Preamble

· Clear reference to the Preamble

· Meets legislative requirement to review policies to ensure support for Preamble to TTWMA 93

· Nil

1.2

Do not add provision to the policies but add provision to Revenue and Financing Policy (recommended)

· Recognises that there is limited reference to Māori freehold land in the two policies

· Acknowledges that the Preamble principles are best reflected in council’s overall policy on rating (Revenue and Financing Policy)

· Meets legislative requirement to review policies to ensure support for Preamble to TTWMA 93

· No explicit reference to supporting the preamble in the policies

19.    If the Committee prefers option 1.1, any references to the Preamble will be consistent with that proposed for the Remission and Postponement of Rates on Māori Freehold Land Policy.

Issue 2 – Criteria for postponement for financial hardship

20.    The table below outlines the advantages and disadvantages of retaining the current criteria for postponement for financial hardship (options 2.1 – 2.5) and adding new criteria (options 2.6 and 2.7).

Option

Advantages

Disadvantages

2.1

Must have minimum 25% equity in the property

(recommended)

· Sufficient equity remains in the property for council to recover any postponed rates upon sale

· Nil

2.2

Pay first $1000 of rates

· Ratepayer pays a portion of their rates

· Retention of criteria may place additional burden on ratepayers, particularly those on fixed incomes

· Application process for government rates rebate may be administrative burden for some people

2.3

Apply for Government rates rebate

 

· Ratepayer pays a portion of the rates

· Does not impact on council

· Retention of criteria may place additional burden on ratepayers

· Application process for government rates rebate may be administrative burden for some people

2.4

Ratepayer must prove they are unable to access financial assistance from private sector financial institutions

(recommended)

· Council does not carry debt burden

· Recognises other forms of financial assistance available to ratepayers

· Recognises that Council would be unlikely to cover costs of a postponement scheme the same as a private institution would be

· Potential for national rates postponement scheme in the future

· Policy may not recognise the burden of rates for people on fixed incomes

· Addition of new criteria may place unnecessary burden on ratepayers, particularly those on fixed incomes

2.5

Postponement available to anyone aged 65 or older

· Recognises the impact of rates on people whose sole income is New Zealand superannuation

· Consistent with some other councils

 

· Inconsistent with Revenue and Financing Policy that people who receive the benefits should contribute to them.

· Does not recognise availability of Government rates rebate for people on low incomes

· Younger people who may similarly have fixed incomes not entitled to automatic postponement and must meet other criteria

· Potential impact on rates take

2.6

Postponement only available for home ratepayer is residing in

(recommended)

· Mitigates any potential risk of people with multiple homes accessing postponement scheme for their financial benefit

· Nil

2.7

Ratepayer to have paid rates in Tauranga for a period of time

· Provides for recognition of previous contribution

· Addition of new criteria may place unnecessary burden on ratepayers, particularly those on fixed incomes

2.8

No postponement of rates at all

· Nil

· Inconsistent with current practice

· Inconsistent with some other councils

· No policy recognition that rates may place a financial burden on some ratepayers

 

Issue 3 – Postponement or remission of rates on rezoned land

21.    Boundary adjustments confirmed in 2021 resulted in several rural zoned properties moving into the jurisdiction of this Council. These properties are likely to be re-zoned from rural to urban uses (i.e. residential, employment or commercial) over time, potentially increasing the value of these properties. The Committee could consider offering a postponement scheme similar to that offered for farmland (as is currently provided for in the existing policy). Other options include remitting the portion of rates attributed to the land’s development potential, or not providing a policy mechanism to address the potential increase in the rating value of these properties.

22.    The table below outlines the advantages and disadvantages of each option.

Option

Advantages

Disadvantages

3.1.1

Provide for postponement of rates on properties where rating valuation may have increased due to boundary adjustments and rezoning from rural to urban uses (i.e. residential, employment or commercial)

(recommended)

· Consistent with current rules for farmland

· Recognises that Council action to re-zone may increase rates on some properties

· Ensures Council receives postponed rates in the future when property sold or developed.

·   Reduction in cashflow until postponed rates are paid

3.1.2

Provide for remission of rates for properties where rating valuation may have increased due to boundary adjustments and rezoning

(recommended if option 3.1.1 not supported)

· Recognises that Council action to re-zone may increase rates on some properties

 

· Inconsistent with current rules for farmland

· Does not allow Council to receive rates in the future when property sold or developed.

3.1.3

Do not provide for remission or postponement of rates on properties rezoned from rural to urban uses (i.e. residential, employment or commercial)

· Council collects full amount of rates in year rates are due

· Potential that Council action to rezone puts financial burden on some ratepayers whose land value changes, but may not be able to make full use of the new zoning (until infrastructure provision is at boundary of properties).

· Inconsistent with current provisions for farmland

23.    If the Committee opted for either 3.1.1 or 3.1.2, consideration needs to be given to the period of time in which postponement (or remissions) would apply. The current rules for farmland allow rates to be postponed until such time as the land is sold, changes use or is subdivided. However, the ratepayer would only be required to pay the postponed rates for the previous six years (for example, a property could have its rates postponed for ten years but would only pay for six).

24.    The six year timeframe references section 65 of the LG(R)A 02 that states “an action to recover unpaid postponed rates must not be commenced in a court of competent jurisdiction later than 6 years after the date or event to which the rates were postponed”. Council could allow postponement for a maximum of six years, or until such time is the land is sold or developed with six years of postponed rates due, or until such time as the land is sold or developed upon which all postponed rates would become due.

Option

Advantages

Disadvantages

3.2.1

Postponement available for a maximum of six years

· Council receives higher rates (full rates amount) after 6 years.

· Inconsistent with current rules for farmland

· In certain cases, while the land may be zoned to provide for urban land uses, the ability to implement these uses may be limited due to the lack of infrastructure capacity in place.

· Restricts ratepayers’ choice to retain current use and enjoyment of the property

· Ratepayer may not be getting the benefit of the valuation after six years

3.2.2

Postponement available until such time an application in line with the zoning is received, or the property is connected to services, or changes ownership. Up to six years (inclusive) of postponed rates would be due at that time. (recommended)

· Consistent with current rules for farmland

 

· Rates are not based on highest and best use in the same way as other properties

· Potential Council forgoes some rates income if a property postpones their rates for more than six years

3.2.3

Postponement available until such time an application in line with the zoning is received, or the property is connected to services, or changes ownership. All postponed rates would be due at that time.

· Council does not forgo any rates income

· Potential that landowner builds up significant debt or feels forced to sell earlier than desired due to rates burden

· Potential that ratepayers’ choice to retain current use and enjoyment of the property is restricted

· Inconsistent with current practice for farmland in other parts of the city

Issue 4 – Remission rates on properties with license to grow gold kiwifruit and planted vines

25.    Noting that properties with a licence to grow gold kiwifruit and planted vines may face an increase in rates significantly above the citywide average, the Committee can choose to offer a partial remission of rates to ease the transition to the new rating valuation. (The remission would only be for the portion of rates above the citywide average attributed to the gold kiwifruit). This partial remission would apply both to the general rates and any targeted rates set at the capital value.  The Committee could also choose to offer remission to only those properties where the planted vines are not yet earning income.

Option

Advantages

Disadvantages

4.1.1

Provide for partial remission of rates on all properties with gold kiwifruit license and planted vines only where valuation above citywide average

(recommended)

· Recognises potential impact on rates of new approach to valuation

· Does not acknowledge that properties have been potentially undervalued for some time

· Council forgoes some rates income

4.1.2

Provide for partial remission only where planted vines are not yet productive and only where valuation above citywide average

· Acknowledges that planted vines may not yet be earning income

· Consistent with proposed provision for remission on Māori freehold land under development until such time as the land is generating income

· Generally understood that income on orchards may be limited in initial years after planting vines

· Some properties may be receiving income from green kiwifruit variety

· Potentially difficult to administer

4.1.3

Do not provide for partial remission of rates on all properties with gold kiwifruit license and planted vines

· Acknowledges that properties have been potentially undervalued for some time

· Council collects full amount of rates in year rates are due

· Some ratepayers potentially facing increased rates burden

· Potential reputational risk

26.    If the Committee prefers option 4.1.1 or 4.1.2, consideration needs to be given to the period of time in which any remission would apply, and the rate of remission. Options include offering larger remission over a shorter period, or less remission over a longer period. These options are outlined in the table below.

Option

Advantages

Disadvantages

4.2.1

100% remission in the 2022/2023 with partial remission of 2/3 in year two, and 1/3 in year three

(recommended)

· Recognises recent review decision that gold kiwifruit license should not be considered in land valuation may have implications

· Provides for higher remission in first year when rates increase will be most noticeable

· Provides for transition to new rating valuation over the time

· Nil

4.2.2

Partial remission available over two years with 2/3 remission and 1/3 remission in year two, No remission in third year

· Provides for higher remission in first year when rates increase will be most noticeable

· Provides for transition to new rating valuation over the time

· Some ratepayers may still need to manage significant increases

4.2.3

Partial remission available over three years with 3/4 in first year, sliding to full rates in year 4. 

· Provides for transition to new rating valuation over time

· Potentially insufficient to ease the immediate financial impact of new rating valuations

· Some ratepayers may still need to manage significant increases

Other matters - Rates Remission Policy

27.    Māori reservations are now non-rateable under the recent legislative changes. As such, reference to remission on this land can be deleted. The remission policy previously provided for remission of a portion of the wastewater rate for schools. As this financial year is the last financial year that this remission applies, the provision can be deleted from the policy.

28.    No other changes are proposed to the remissions policy.

Financial Considerations

29.    At present, council receives very few applications for rates postponement. Changes to the criteria such as (while not recommended in this report) allowing ratepayers aged 65 or older to postpone rates automatically may increase the number of applications and impact on council’s rate take.

30.    As reported to the November 2021 Committee meeting and noted above, this council is working with other metro local authorities to establish a national rates postponement scheme. This would provide an equity release option that would not reside on council’s balance sheet as debt.  A national scheme would have scale that would be more cost efficient and less expensive for ratepayers.

31.    As noted above, there will be approximately 15 properties affected by the change in the rating of gold kiwifruit orchards. Staff are currently finalising data on the financial impact of this change and will provide information to the Committee prior to the meeting. Options for addressing this change are outlined in the substantive section above.

Legal Implications / Risks

32.    At the time of writing this report, a judicial review of Gisborne’s approach to the rating of gold kiwifruit orchards held that a license to grow gold kiwifruit should not be considered in the valuation of the land. While the reach of this decision is yet unknown, we have included an option to remit 100% of the rates increase above the citywide average attributed to the gold kiwifruit license in the 2022/2023 financial year. (This includes general rates and any targeted rates set at the capital value). This timeframe provides for staff and affected ratepayers to observe the implications of the recent judicial review decision, and any appeals.  If the Land Valuation Tribunal decision is upheld, there would be no requirement for the remission.

33.    There are no other legal implications arising from the recommendations.

34.    There is a potential reputational risk if the criteria for postponement is perceived as being too burdensome on ratepayers.

Consultation / Engagement

35.    Council received correspondence from kiwifruit growers in 2021 advising of the potential impact of ratings valuations. Staff have considered that feedback in drafting the recommendations in issue 4. Staff have also discussed the recommendations with colleagues at Western Bay of Plenty District Council with the aim of having a consistent approach across the sub-region.

36.    No specific consultation or engagement has been undertaken to inform this report. As noted above, Commissioners requested a review of our rates postponement policies in response to feedback received through consultation on the LTP.

37.    Consultation on the policies must be undertaken in accordance with the principles at section 82 of the Local Government Act 2002. This consultation is planned to occur alongside consultation on the draft Annual Plan. As part of the consultation material, specific comment and feedback on issues, including options not recommended in this report (such as automatically allowing over 65s to be granted postponement) can be requested.

Significance

38.    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.

39.    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.

40.    In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of medium significance.

Next Steps

41.    Revised postponement and remissions policies incorporating amendments agreed at this meeting will be presented to Council at its 28 February meeting for adoption for consultation.

42.    Consultation will be undertaken in conjunction with consultation on the draft Annual Plan.

Attachments

1.      Rates Postponement Policy - A13137662

2.      Rates Remission Policy - A13137663

3.      Preamble to Te Ture Whenua Māori Act 1993 - A13132247   


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9.3         Rating Policy Review

File Number:           A13156550

Author:                    Malcolm Gibb, Project Manager - Rating Review

Kathryn Sharplin, Manager: Finance

Jim Taylor, Transactional Services Manager

Authoriser:              Paul Davidson, General Manager: Corporate Services

 

Purpose of the Report

1.      To present summary findings of research and analysis on the groups within the community that benefit from or cause council expenditure primarily in transportation.  Based on this analysis to consider options regarding the fair apportionment of rates funding of council expenditure.

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receive report and

(i)      Note that the report provides evidence from internal and external sources that the commercial and industrial sector should contribute a higher share of the rate funding for the transportation activity

(ii)     Note that comparable Councils use general rate differentials rather than targeted rates to fund their transportation activities

(iii)     Agree that the extent and quantum of any amendments to the rating policy could be a mix of differential general and targeted rates

(iv)    Confirm that further consideration will be given to a suitable proposal for the rating policy being included in the draft 2022/23 draft Annual Plan on 28th February

 

Executive Summary

2.      The report provides a range of scenarios which can be considered to bring into effect the Commissioners’ request for a fairer split of the rate funding required to be invested in the transportation network.  A proposal, to be decided at the Council meeting on the 28th February, will be included in the draft 2022/23 Annual Plan for consultation with the community.

Background

3.      The Commissioners resolved at the Council meeting on 15th December to

(a)     Confirm the funding mix for general rates, stormwater, resilience and community targeted rates between the commercial/industrial sector and the residential sector will at least be maintained at 76%/24% once the property revaluation process on capital values is completed for the 2022/23 financial year

(b)     Endorse the principle that the benefits provided by the transport activity be further considered in February 2022, to more fairly allocate rate revenue funding between the commercial/industrial sector and residential sector, for inclusion in the draft 2022/23 draft Annual Plan.

(c)     Plan to consult with the community during the 2022/23 Annual Plan process on how best to transition to a higher differential for the commercial/industrial sector to align with benefits received from council expenditure to ensure the rate funding mix is better balanced across all its activities.

Early engagement in February is planned to be undertaken by the Commissioners with the commercial and industrial sector through Priority One and the Chamber of Commerce with meetings arranged with their members.

 

Strategic / Statutory Context

4.      The preparation of an annual plan is required under the Local Government Act 2002 and the rating policy review under the Rating Act 2002.

 

Research and Analysis

5.      To inform council’s requests regarding higher levels of funding to be provided by the commercial and industrial sector we have undertaken specific research through Insight Economics along with internal review and analysis of the transportation activity.  Work on other activities will have to be conducted separately to better understand the specific benefits received by this sector from each activity.

6.      Insight Economics has provided expert external advice on the groups that benefit from transportation or contribute to the costs of transportation services. The key findings from this work are summarised in Table 1 and the Project Summary and Preliminary Findings are attached as Attachment 1.

7.      Table 1 shows that residents pay a much higher share of transport rates than their estimated shares of causation/benefits, and vice versa for business ratepayers.

8.      Accordingly, the recommendation is that the relative shares of transport funding paid by residential and non-residential properties be reviewed.

9.      Moreover, while the relationship between funding and causation/benefit shares differs within the commercial ratepayer group (i.e. between commercial vs industrial vs retail) and hence splitting that group up may be justifiable, this must be weighed against other considerations, such as policy simplicity and administrative ease.

10.    Overall, the recommendation is that the existing commercial and industrial group be kept, but the corresponding differentials reviewed.

Table

Description automatically generated

11.    In addition to this work by Insight Economics there are various internal studies and asset management planning by TCC which supports their analysis on the commercial and industrial sector’s impact on council’s transportation services. TCC’s 2021-31 Transport Asset Management Plan (TAMP) is an extensive document that presents three problem statements, the first of which is the response needed to manage the risk that

 “increased travel and reliance on a few key routes threaten the future viability and productivity of the Port and other commercial areas”.

12.    Long term forecasts on the use of the Transportation network (sourced from UFTI and Smartgrowth) also provides relevant evidence on the impact that commercial growth in Tauranga has on key journeys.  The Deloitte Freight Demand Study predicts 50-80% more heavy vehicles on the network over the study period of 30 years.

13.    Long-Term Plan budgets for the transportation activity are proposed to be $35 Million for 2022/23 rising to $179 Million (non-inflation adjusted) by 2030/31 reflecting the substantial investment in the transportation network over the next ten years.  In the 2021-31 Transportation  Asset Management Plan (TAMP), forecast operational and maintenance expenditure is $91.5 million on average each year for ten years.  The renewal expenditure is expected to be a further $17.9 million per annum.

14.    Asset Management investment analysis provided by the Transportation team, which covers the last ten years of investment activity, shows the extent of investment needed to maintain and renew the parts of the network, most used by commercial and industrial vehicles.  The analysis reveals that it is considerably more expensive and requires more frequent interventions to maintain the levels of services which are consistent with the TAMP and LTP than for other roads in the network.

15.    For the proposed investment levels to be supported by the community and to be financially sustainable, changes to funding contribution should be considered that reflect the benefits of this future capital work, specifically a greater contribution by the commercial sector.

16.    As presented in the December report, Council has a significantly lower share of rates paid by the commercial sector than other metro councils for the funding of their transport activity.  Table 2 below compares the rating differentials and shares of general rates or transport targeted rates that are paid by the commercial sector in each of these councils.

Table 2: Comparison of Metro Councils Rating differential and proportion of rates collected from Commercial Sector

Options to fund the transport activity

17.    Table 3 provides the impact analysis of the four scenarios presented in December for assessing 50% of the transportation costs on the commercial sector, updated with the draft annual plan budget and proposed new rating 2021 rating valuations.

18.    The table shows the total rates share and proposed rates increases for the commercial/industrial sector and the residential sector, for the 2022/23 financial year. Further scenarios are included in Attachment 2.

Table 3: Options for allocation through the general rate and the TSP targeted rate

        

Scenario's 2022-2023 Impact

Status Quo commercial differential 1.6

Scenario 1  Transport general rate and TSP targeted rate

Scenario 2 Transport general rate and TSP targeted rate  phased 2 years 

Scenario 3 Transport general rate and TSP targeted rate  phased 3 years   

Scenario 4 Transport general rate and TSP rate Commercial 30% of total rates

Total budget $ Million (excluding water)

$232.32

$232.32

$232.32

$232.32

$232.32

Transportation/TSP targeted rate $ Million

$3.96

$3.96

$3.96

$3.96

$3.96

Activity Benefit Split

24 : 76

50 : 50

40 : 60

33 : 67

50 : 50

TSP Differential

1.6

4.93

3.28

2.51

4.93

General Differential

1.6

2.13

1.9

1.8

2.69

Overall Total Rates Mix commercial: residential

23 : 77

27 : 73

25 : 75

24 : 76

30 : 70

% rates increase in 2022/2023 for a range of residential properties in each scenario (low to high capital value)

13-10%

9-3%

10-6%

11-7%

4--4%

% rates increase in 2022/2023 for a range of commercial properties in each scenario (low to high capital value)

15-14%

31-37%

25-28%

21-23%

44-55%

 

19.    Scenarios 1 to 4 show the impact on the allocation of rates if the transportation activity budget was assessed through the current general rate and the existing TSP targeted rate.

Alternative scenarios 1.1 to 4.1 included in attachment 2 show the impact if all the transportation activity budget, including the existing TSP budget, was collected through a new combined targeted rate, instead of a mix of general rate and the TSP targeted rate.

20.    The operational costs for transportation in most other metro’s is funded through a general rate differential.  Retaining the current general rate and targeted rate will make benchmarking Tauranga’s general rate differential with other metro council’s general rate differentials more transparent.

21.    Scenario 1: If the proposed change to funding the transportation activity to 50/50 on the residential and commercial sectors was implemented in one year the differential on the general rate would increase from 1.6 to 2.13 and the differential on the TSP rate would increase from 1.6 to 4.93. The overall rates allocation would be 27% commercial / 73% residential. The impact on residential ratepayers would be a lower increase than the status quo in rates of between 3-9% and the impact on commercial ratepayers would be a higher increase than the status quo of between 31-37%.

22.    Phasing the proposed change in policy over a period of time can assist with the principle of re-balancing the funding mix to the rating policy. 

23.    Scenario 2: If the proposed change was implemented over two years, the differential on the general rate would increase in the first year from 1.6 to 1.9 and the differential on the TSP rate would increase from 1.6 to 3.28. The overall rates allocation would be 25% commercial / 75% residential in year one. The impact on residential ratepayers would be between 6-10% and the impact on commercial ratepayers would be between 25-28% in the first year.

24.    Scenario 3: If the proposed change was implemented over three years, the differential on the general rate would increase in the first year from 1.6 to 1.8 and the differential on the TSP rate would increase from 1.6 to 2.51. The overall rates allocation would be 24% commercial / 76% residential. The impact on residential ratepayers would be between 7-11% and the impact on commercial ratepayers would be between 21-23% in the first year.

25.    Scenario 4: This scenario considers the higher differential needed to reflect benefit across other areas of council expenditure in line with other cities. If the proposed change was implemented in one year, and the commercial sector allocation was increased to 30% of all rates ( the average of the other metro’s) the differential on the general rate would increase from 1.6 to 2.69 and the differential on the TSP rate would increase from 1.6 to 4.93. The overall rates allocation would be 30% commercial / 70% residential in year one. The impact on residential ratepayers would be between -4% and 4% and the impact on commercial ratepayers would be between 44-55% in the first year.

26.    These scenarios will be discussed with the representatives of the commercial and industrial sector during the engagement meetings arranged with Priority One and the Chamber of Commerce during February.

Financial Considerations

27.    This report forms part of the process of preparing a draft budget for the 2022/23 financial year.  This draft will be consulted with the community during March and April 2022.

Legal Implications / Risks

28.    Council is required to ensure compliance with the relevant sections of the LGA and Rating Act to progress these proposals through the Annual Plan process.

Significance

29.    The matter considered by this report, the draft Annual Plan 2022/23, is considered of high significance in terms of council’s Significance and Engagement Policy.  This is because it affects all residents, ratepayers and businesses in, and visitors to, the city, and because it involves council’s resource allocation decisions and rating decisions for the next year.

30.    However, the decisions to be made in response to this report are considered of low significance as they are just one interim step in the process of developing the draft annual plan.

ENGAGEMENT

31.    Consultation on the draft 2022/23 Annual Plan will be in accordance with the requirements of the Local Government Act and be presented to Commissioners on 28th February. The engagement process has already commenced with stakeholders in the commercial and industrial sector regarding proposed changes to aspects of the rating policy.

32.    Taking into consideration the above assessment, that the matter is of high significance, officers are of the opinion that the planned consultation and engagement will meet the requirements of the Rating Act and LGA.

 

Next Steps

33.    The draft 2022/23 Annual Plan and budget will be approved on 28 February for public consultation.

Attachments

Nil

Attachment 1 – Insight Economics – Project Summary and Preliminary Findings

Text

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Text, table

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Note :  Page 3 has not been included as it relates only to the author’s details

 

Attachment 2 - Other Funding Options for the Transportation activity - a new targeted rate.

Alternative scenario’s 1.1 to 4.1 in the Table below show the impact if all the transportation activity budget, including the existing TSP budget, was collected through a new combined targeted rate, instead of the current mix of the general rate and the TSP targeted rate.

Although targeted rates can provide greater transparency, the operational costs of the transportation activity which are in the general rate in the same way as other metros would get mixed with the TSP targeted rate which was created for transparency for the new TPS investments.

Creating a new combined targeted rate would not necessarily create greater transparency.

 

 


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9.4         Mobile Shop Policy Review: Issues and Options Paper

File Number:           A12894205

Author:                    Vicky Grant-Ussher, Policy Analyst

Authoriser:              Christine Jones, General Manager: Strategy & Growth

 

Purpose of the Report

1.      This report outlines the findings from a scheduled review of the Mobile Shops Policy and provides issues and options for consideration.

Recommendations

That the Strategy, Finance and Risk Committee:

Issue 1: Policy structure for mobile shop trading

(a)     Agree to incorporate the Mobile Shops Policy into the Community, Private and Commercial Use of Council-Administered Land policy review and consult on the issues outlined below through the review.

Issue 2: Trading site allocation

(b)     Agree to consult on the following changes to the Mobile Shops Policy:

(i)      add an additional mobile trading site in Gordon Spratt Reserve

(ii)     add an additional mobile trading site in Greerton Park

(iii)     add an additional mobile trading site in Carlton Reserve

(iv)    set Gordon Carmichael Reserve limit at 1 mobile shop

(v)     set Omanu Beach carpark limit at 1 mobile shop

Issue 3: Non-compliant behaviour by a small cohort of mobile shops that is causing traffic safety concerns

(c)     Require mobile shops to have a plan to manage health and safety risks.

(d)     Add a category in the Traffic and Parking Bylaw to cover mobile shops’ operation on the road.

Issue 4: Waste minimisation opportunities

(e)     Require mobile shops to complete a waste minimisation survey as part of the mobile shop licence process.

Issue 5: Changes in road traffic volumes and changes in speed zones

(f)      Prohibit mobile shops trading on roads with a speed limit higher than 50km/hr.

Issue 6: Noise levels of generators

(g)     Require mobile shops to connect to power where this is available, and their set up allows.

 

 

Executive Summary

2.      A regular review of the Mobile Shops Policy has been undertaken as part of the policy work programme. The Mobile Shops Policy helps balance the amenity benefits mobile shops bring to our city with other outcomes.

3.      Early feedback received suggests the Mobile Shops Policy is generally working well, however early engagement with stakeholders has identified several issues with the Mobile Shops Policy for consideration including:

·    a greater number of mobile shops operating and requests from mobile shop operators for additional trading sites

·    waste minimisation opportunities

·    non-compliant behaviour by a small cohort of mobile shops that is causing traffic safety concerns

·    changes in road traffic volumes and changes in speed zones

·    noise levels of generators.

4.      In addition to these issues raised there is also the opportunity to consider whether to continue to have a stand-alone policy for the Mobile Shops Policy. The content of the policy could instead form part of the Community, Private and Commercial Use of Council-Administered Land lead policy (Use of Council Land Policy) or the Traffic and Parking Bylaw as appropriate.

Background

5.      Mobile shops can enhance users’ experience of recreational space and can offer vibrancy and interest to our city. The Mobile Shops Policy seeks to balance the amenity value of mobile shops for users with other outcomes such as safety and access, quiet reserve enjoyment and the interests of community groups operating commercial activities on council land.

6.      The Mobile Shops Policy sets out:

·    the conditions of trading in a public place

·    the parks and reserves where trading is allowed

·    tender requirements for prime locations

·    areas where trading is prohibited.

7.      Under the Street Use and Public Places Bylaw, mobile shops are required to follow the Mobile Shops Policy to trade in a public place. The terms of the licence require operators to adhere to the Mobile Shops Policy.

Strategic / Statutory Context

8.      The Mobile Shops Policy was adopted in 2006. It is a supporting policy to the Use of Council Land Policy which is currently under active review. The last review of the Mobile Shops Policy was in 2016.

Options Analysis

9.      Early engagement was conducted with council bylaws officers, parks and reserve staff, transportation staff and current mobile shop licence holders on the operation of the policy. The results of a short survey of current mobile shop owners is provided in Attachment 2. Of the approximately 90 active mobile shop licence holders, 16 completed the survey. Not all respondents answered all questions. 

10.    Most stakeholders were happy with the operation of the policy. However, several issues were identified that had emerged since the last review and are provided for consideration. Minor amendments to the policy for clarification were also suggested and have been incorporated in the draft policy for consultation in Attachment 1.

11.    During the review it was also identified that there was limited printed or website information available for mobile shop operators applying for a licence. We will be updating the material as part of the review.

Issue 1: Policy structure for mobile shop issues

12.    Currently the Mobile Shops Policy contains the primary content relating to mobile shops and their operation[5]. The Street Use and Public Places Bylaw authorises mobile shops to operate in a public place subject to the Mobile Shops Policy, it also sets out the requirements for any signs for the mobile shop. In Issue 3 there is the option to investigate moving the aspects relating to trading on the road into the Traffic and Parking Bylaw.

13.    The current Mobile Shops Policy covers requirements to operate in parks and reserves and on roads. As noted in the issues analysis there is currently a lack of accessible information for mobile shop owners on how to operate and at present the policy is provided as terms and conditions for their operation.

14.    Issues surrounding the commercial use and activation of spaces has been raised through this review, for example, pressure on spaces, impacts on passive use of parks and reserves, and the quality level of operators. Bringing the Mobile Shops Policy into the Use of Council Land Policy review could help give consistency across businesses that use council land to operate.

Table 1: Policy structure for Mobile Shop Trading

#

Option

Advantages

Disadvantages

1

Continue a stand-alone Mobile Shops Policy

·    Retains existing approach that mobile shop owners understand

·    Provides one source of rules for mobile shops

·    Allows for frequent reviews related just to mobile shop issues

·    May lead to inconsistencies with the use of council land by businesses

 

2

Include the Mobile Shops Policy in the Use of Council Land Policy review

(recommended)

·    Allows for issues related to the use of council land by businesses to be considered together

·    Consolidates the engagement processes the community need to feed into

·    May be more difficult for mobile shops to understand which rules apply to their business (however updated support materials will be developed)

·    May add to the complexity of reviewing the settings of the Mobile Shops Policy

 

 

Issue 2: Trading Site Allocation

15.    Council staff have noticed an increase in the number of mobile shops operating following the Covid-19 lockdown period in 2020. Mobile shop licence holders also feel there has been increase in mobile shops with 12 of 15 respondents believing more mobile shops were operating this year. It is unclear whether this is a temporary trend in relation to the uncertain economic environment or whether this will continue long-term. The council will continue monitoring this trend.

16.    A survey of mobile shop licence holders showed around half of the respondents would like to have an increase in the number of spaces available for mobile shops in parks and reserves (7 respondents). The other half were happy with the existing allocations (6 respondents). The results showed the most popular sites identified for extra spaces were, Gordon Spratt Reserve, Greerton Park, Carlton Reserve, Papamoa Domain, Fergusson Park and Waipuna Park. Table 2 below provides an analysis of the suitability of possible parks and reserves identified.

17.    Engagement on the Use of Council Land Policy suggests that long-standing, well-run mobile shops are valued and considered to enhance the area and people’s enjoyment of parks and reserves. However, the engagement also raised issues relating to mobile shops’ operation on parks and reserves where it impacted on the purpose of the park or reserve. Feedback included:

·    a need to prioritise parking spaces for park or reserve users

·    concern if mobile shops crowd out green areas and create visual clutter

·    concern for the impact on nearby permanent retailers or sports clubs.

 

Options for increasing trading places for mobile shops in parks and reserve sites

Table 2: Options for additional trading spaces at parks and reserves

#

Option

Advantages

Disadvantages

1

Increase number of sites on Gordon Spratt Reserve from 4 to 5

(recommended)

·    Adequate carpark space

·    Would service large reserve

·    May impact on sport clubs’ plans for reserve

·    High use of reserve at weekends

2

Increase number of sites on Greerton Park from 2 to 3

(recommended)

·    Adequate car parking space

·    No sports club tuck shop competition

·    None

3

Increase number of sites on Carlton Reserve from 2 to 3

(recommended)

·    Adequate carpark space

·    May impact on long-term sport clubs’ plans for reserve

4

Increase number of sites on Papamoa Domain from 2 to 3

·    Popular location

·    Access issues

·    High use area

5

Increase number of sites on Fergusson Park from 2 to 3

·    Adequate carpark space in off peak periods

·    No sport facilities tuck shop competition

·    Further activates the space

·    Experiences high use on weekends and additional sites may limit carpark space

·    Feedback that the community disliked noisy generators on the park

6

Increase number of sites on Waipuna Park from 2 to 3

·    Would service large park

·    Very small carpark and very high use of carpark at the weekends

·    A container café has recently begun operating here with council support

Options to reduce or restrict mobile shop trading in high activity areas

Blake Park

18.    Currently the Mobile Shops Policy allows for five mobile shops to operate in carpark areas on Blake Park adjacent to sports fields. These sites are tendered based on weighted criteria outlined in the policy. If successful, applicants will pay a variable amount for the site depending on the price they submitted for the tender. The funds raised by the tender offset the cost of administering the policy and enforcement.

19.    Two of the sports clubs operating on Blake Park also offer food and beverages for purchase as a way of increasing revenue for the club (netball and hockey). The Council supports sports clubs to undertake these sorts of fundraising activities to support their financial sustainability. Tensions arise between the sports clubs that are trying to increase their revenue through fundraising and the mobile shops who are in competition for park users’ business. Of issue, is the tender site adjacent to the netball courts which had been a carpark site; but recent vendors had begun parking next to the shop on the grass creating more competition.

20.    Blake Park is currently undergoing a process with the council to look at the longer-term plan for the park and have run several forums with sports clubs operating on the park. No changes are proposed to the number of mobile shops on Blake Park until this work is done. In the interim the council will clarify and enforce the need for tender operators to trade from the carpark, not the grass.

Gordon Carmichael Reserve

21.    There are several mobile shops operating from the carpark or the roadside near the playground at Gordon Carmichael Reserve. Currently there is no maximum limit on mobile shops at this site. Concerns have been raised that the mobile shops are taking up multiple spots in the carpark making it difficult for users to access the reserve.

Table 4: Options to reduce or restrict mobile shop sites at Gordon Carmichael Reserve

#

Option

Advantages

Disadvantages

7

Status Quo - no limit on mobile shops

·    Would allow continued trading options for mobile shops

·    Would continue to take up carparking from reserve users

8

Set Gordon Carmichael Reserve limit at 1 mobile shop

(recommended)

·    Would address complaints of limiting car parking

·    Would move some mobile shops onto the road berm

 

Omanu Beach carpark

22.    The Omanu Beach carpark is a medium sized carpark (with 46 spaces) off Surf Road. The car park is adjacent to the surf lifesaving building and the beach has patrolled swimming over summer.

23.    Complaints have been received about the mobile shop taking up spaces in the carpark that could be used by beach users. There is currently no limit on the number of mobile shops that can trade in the carpark. However, there has only been one mobile shop operating in the carpark at the time we have been receiving complaints about congestion. While there is a regular operator in the carpark, the vendor can and does change on occasion.

24.    Complaints have also been received from local businesses affected by the mobile shop. Currently there is a dairy, a café, a fish and chip shop and a restaurant operating within a short distance of the carpark.

25.    In contrast to these complaints we have also received feedback in support of the venture, noting the feeling of community and culture created in the space and disputing the level of congestion created. The operation of a mobile shop in the carpark provides amenity benefits for reserve users.

26.    The current Asset Manager of the carpark has not identified the mobile shop as contributing to congestion in this area.

Table 5: Options to reduce or restrict trading at Omanu Beach carpark

#

Option

Advantages

Disadvantages

9

Status Quo - no limit on mobile shops

·    Would allow continued sites for mobile shops

·    Would continue to take up carparking from beach users.

·    Would not address concerns from local businesses

10

Set Omanu Beach carpark mobile shop limit at 1

(recommend)

·    Would allow for one mobile shop site

·    Would stop two or more mobile shops from operating

 

·    Will limit number of mobile shops

·    Unlikely to address complaints of limiting car parking

·    Would not address concerns from local businesses

11

Prohibit mobile shops from Omanu Beach carpark

·    Would address complaints of limiting car parking

·    Would address concerns from local businesses

·    Will prohibit mobile shops even at times of the year when the carpark is not busy

·    Would reduce amenity value for reserve users

12

Prohibit mobile shops from Omanu Beach carpark during summer season and limit to one mobile shop at other times

·    Address complaints of limiting car parking in summer

·    Would allow one mobile shop in less busy periods of the year

·    Will limit mobile shop trade during summer

·    Would reduce amenity value for reserve users in summer

 

 

Issue 3: Non-compliant behaviour

27.    In December 2020, some Christmas tree sellers were operating shops from roadsides without adequate safe parking for their customers. Customers were parking in inappropriate areas causing traffic safety concerns. These operators were in breach of section 5.2 (d) of the Mobile Shops Policy as their shops were constituting a danger to road users. Bylaws officers used an education-based approach to enforce the policy, and this had some success with responsible shop owners.

28.    One operator refused to move even after being alerted to the safety issue as they preferred to operate in the busy location, with greater street traffic, despite the inadequate parking. In this situation the options for enforcement would be to revoke the mobile shop’s licence, and if they continued to operate, prosecute the operator under the Street Use and Public Places Bylaw. Enforcing the policy is a time-consuming, resource intensive process and given the short period of operation of these shops, seemed unlikely to be effective in mitigating the safety risk. Similar actions by Auckland Council to shut down Christmas tree sellers operating at a busy intersection in 2018 attracted public criticism.

29.    In 2021 there were no issues with Christmas tree sellers. The bylaws officers noted that the problematic mobile shop was not present this season.

30.    In response to this issue we have considered several options to strengthen the safety and enforcement elements of the policy. More than one option may be selected.

Table 6: Non-compliant behaviour options

#

Option

Advantages

Disadvantages

1

Require mobile shops to have a plan to manage Health and Safety risks

(recommended)

·    Requires mobile shops to proactively consider health and safety

·    Supports our role in ensuring the mobile shops we license are operating safely

·    Consistent with the requirements placed on other commercial activities using council land

·    Early engagement suggests most mobile shops (15 of 16 responses) already had a health and safety plan

·    May increase documentation requirements for a small proportion of mobile shops without current health and safety plans

·    Unlikely to change non-compliant mobile shops’ behaviour

2

Move from an education to enforcement approach and revoke mobile shop’s licences, remove goods (Christmas trees) and prosecute under the Street Use and Public Places Bylaw

·    Would provide a disincentive for shops to trade unsafely

·    Unlikely to address issue of non-compliant short-term seasonal mobile shops due to the long timeframes involved in current enforcement process

·    Likely to be seen as highly punitive by the public

·    Would require more resource to engage with non-compliant shops, store seized goods, and resources to support prosecution if required

·    Would increase risk to our staff from disgruntled mobile shops/public trying to use the service

3

Add a category in the Traffic and Parking Bylaw to cover mobile shops’ operation on road

(recommended)

·    Can impose financial penalty for mobile shops unwilling to operate safely

·    Easier to enforce a bylaw than a policy

·    Would increase number of bylaws and policies mobile shops need to adhere to

·    It is an untested use of the Traffic and Parking Bylaw (however some other councils use this approach to manage mobile shops)

·    May still be seen as punitive by public

 


 

Issue 4: Waste minimisation

31.    Currently the Mobile Shops Policy is not aligned with council waste minimisation requirements for event operators. Before operating at events, operators are asked a waste minimisation questionnaire which allows council staff to vet vendors’ waste minimisation plans. At a minimum, council staff require vendors to provide rubbish and recycling options (sometimes including composting) and to close off council litter bins. Event organisers can borrow rubbish bin covers from the council.

32.    The waste minimisation rules for mobile shops are less stringent. Mobile shops are responsible for removing any litter from the surrounding area of the mobile shop which has been generated by the activities of its operation that day. They are not responsible for providing rubbish or recycling bins for customers and can use council bins located in parks for that purpose. This approach results in most mobile shops’ waste going to landfill.

33.    Concerns have been raised that waste from mobile shops on Marine Parade has contributed to an increase in rodents in the area. This is of particular concern due to the little blue penguins that live on the nearby Moturiki Island.

 

Table 7: Waste minimisation options

#

Option

Advantages

Disadvantages

1

Status Quo – only require surrounding area be clear of litter

·    Removes difficulty for mobile shops in transporting rubbish and recycling across sites in a day

·    Does not add additional waste removal costs for mobile shops

·    Does not divert waste from landfill and no incentive for mobile shops to choose recyclable or reusable packaging options

·    Misalignment with event expectations

2

Require mobile shops to complete a waste minimisation survey and gain approval from the waste minimisation team as part of the mobile shop licence process

(recommended)

·    Supports mobile shops to operate sustainably and aligns with event expectations

·    Allows flexibility to change conditions as new waste options become available or consider individual mobile shop’s circumstances (eg, highly mobile shops)

·    Can require additional waste minimisation conditions in areas with vulnerable wildlife

·    Likely to result in waste diverted from landfill

·    Adds additional requirements for mobile shop

·    Likely to add waste removal costs for mobile shops

·    May be seen as inconsistent by mobile shops if conditions vary

3

Require mobile shops to provide rubbish and recycling bins for customers

·    May divert some waste from landfill

·    Creates financial incentive for mobile shops to reduce waste

·    Closer to aligning with event expectations

·    May be difficult for mobile shops to transport waste and recycling while operating from multiple sites

·    Adds waste removal costs for mobile shops

 

Issue 5: Changes in traffic volumes and changes in speed zones which impact the prohibited site for trading

34.    The current Mobile Shops Policy bans mobile shops on council roads with a speed limit higher than 70km/hr and several other high use roads (for example, Turret Road and Cameron Road), as well as other high use areas in Mount Maunganui. Mobile shops are required to assess whether a site is safe before trading and must allow for adequate parking for their customers.

35.    Since the 2016 Mobile Shops Policy review, council has reduced some speed limits on roads to improve safety, however this means mobile shop trading can occur which was not intended. In addition to these changes, other roads are experiencing higher traffic volumes as the city grows and some roads may become less suitable to trade from.

36.    The transport team recommends that the speed limit threshold in the policy should be dropped, to stop mobile shops operating on any road with a speed limit above 50km/hr. This would restrict trading on roads with fast moving traffic for example, Cambridge Road, Oropi Road and Totara Street. Council staff are not aware of any traders operating on these roads, however the impact of this change would be explored with mobile shop operators through the consultation process. Maps outlining the current prohibited roads (Map 1) and with the proposed changes (Map 2) are provided in Attachment 3.

37.    The transport team are now also considering whether arterial roads are suitable for mobile shop trade. This will be considered as part of their planned review of the roading hierarchy (that forms part of the City Plan). Following this review, we will consider if any further changes are required to the policy settings.

Table 9: Prohibited sites for trading

#

Option

Advantages

Disadvantages

1

Status Quo

·    Retains existing spaces for mobile shops to operate

·    Leaves it up to mobile shops to assess if they can operate safely on roads with fast moving traffic

2

Stop mobile shops trading on roads with a speed limit higher than 50km/hr

(recommended)

·    Stops mobile shops trading on roads with fast moving traffic

·    Retains existing spaces for mobile shops to operate on 50km/hr roads

·    Removes spaces for mobile shops to operate on roads over 50km/hr.

 

Issue 6: Noise levels of generators

38.    Complaints have been received in relation to mobile shops’ generator noises impacting nearby residents to parks. Noise limits are set by the City Plan. Generally, noise from operating generators falls below City Plan limits. Our bylaws officers respond to noise complaints by working with mobile shops to reposition their businesses to reduce noise or discuss adjustments to generators to reduce noise (eg, mufflers). Most complaints relate to parks close by residential neighbourhoods.

39.    Council is providing power outlets in some parks to reduce noise while maintaining mobile shops’ trade. Power connections provide mobile shops a noise free, more sustainable alternative to using a generator. Mount Drury has had a power supply available for some time, Kulim Park is expected to have a power supply installed in February 2022. Adding the connection in Kulim Park will cost around $40,000 and is covered in the redevelopment budget. While costs may vary depending on the park in question, general park maintenance budgets would not cover that level of cost.

40.    The cost of connecting the power is covered by our user fees and charges. Although set ups may vary, we do not expect a significant difference in running costs to using power instead of a generator although this would be explored with mobile shop operators through the consultation process.

Table 10: Options to reduce noise levels

#

Option

Advantages

Disadvantages

1

Status Quo – optional power use for mobile shops

·    Retains competition/choice in the park

·    May reduce noise for generator powered mobile shops

·    May not reduce noise if mobile shops prefer to run generators

2

Require mobile shops to connect to power where this is available, and their set up allows

(recommended)

·    Retains competition/choice in the park

·    Reduces noise for generator powered mobile shops

·    Will not reduce noise from vehicle powered mobile shops

3

Require mobile shops to connect to power where this is available and prohibit mobile shops that cannot connect from operating in these spaces

·    Removes noise in parks with power outlets available

·    Reduces competition/choice in the market

 

Financial Considerations

41.    Installing additional power connections in parks or reserves would have a capital cost. The cost of installation would vary depending on the existing infrastructure available in the park or reserve. Currently mobile shops would need to pay for power under our user fees and charges, providing free power for mobile shops would have an operational cost.

Legal Implications / Risks

42.    Amending the Traffic and Parking Bylaw to allow financial penalties for mobile shops unwilling to operate safely would be an untested use of the Traffic and Parking Bylaw. Other councils, such as Whakatane and the Far North have some aspects of their mobile shop rules in their road related bylaws. Currently the Traffic and Parking Bylaw restricts similar activities which could cause a traffic disturbance, such as parking a vehicle for the primary purpose of promotion, and parking for the purpose of display or sale.

Significance

43.    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.

44.    In making this assessment, consideration has been given to the likely impact, and likely consequences for:

(a)   the current and future social, economic, environmental, or cultural well-being of the district or region

(b)   any persons who are likely to be particularly affected by, or interested in, the issue.

(c)   the capacity of the local authority to perform its role, and the financial and other costs of doing so.

45.    In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of medium significance.

Consultation /ENGAGEMENT

46.    We have undertaken early engagement with mobile shop operators to identify issues with the policy through an online survey (results are provided in Attachment 2). The results from the consultation on the Use of Council Land Policy were also reviewed in developing these options.

47.    Taking into consideration that the issue is of medium significance, targeted consultation is required under section 82 of the Local Government Act. In addition to wider consultation on the policy changes, targeted consultation is planned with the Blake Park Future Forum. 

 

Next Steps

48.    Once options have been selected, these will either be included in the consultation on the Use of Council Land Policy or will be incorporated into the draft Mobile Shops Policy. Submissions can be made on the draft policy through the TCC website and we will encourage feedback from mobile shop operators and the wider community.

49.    If adding a category to the Traffic and Parking Bylaw is selected, this change will be progressed as part of the Traffic and Parking Bylaw review occurring this year.

Attachments

1.      Attachment 1 - Draft Mobile Shop Policy - A13197077

2.      Attachment 2 - Mobile Shop Survey Results Graphs - A13197060

3.      Attachment 3 - Maps - A13197055   


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9.5         2021 Q2 Oct-Dec Health and Safety Report

File Number:           A13160896

Author:                    Angelique Fraser, Health & Safety Change Manager

Tracy Dragovich, Health Safety & Wellness Design Lead

Authoriser:              Tony Aitken, Acting General Manager: People and Engagement

 

Purpose of the Report

1.      To provide a summary of Health, Safety and Wellbeing activities over the October to December 2021 quarter.

Recommendations

That the Strategy, Finance and Risk Committee:

(i)      Receives the 2021 Q2 Health and Safety Report

(ii)     Receives the 2021 Q2 Mental Health and Wellbeing Report

 

 

Executive Summary

2.      This is a quarterly report provided to the committee, designed to monitor Health, Safety and Wellbeing activities and share learnings.

3.      Any feedback regarding content or topics that the Committee would like is welcomed.

Attachments

1.      4_2021 Q2 Health & Safety Report - A13211882

2.      4_2021 Q2 H&S_MHW Report_PDF - A13212005   


Strategy, Finance and Risk Committee Meeting Agenda

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

9.6         Financial and Non-Financial Monitoring Report: Period ended 31 December 2021

File Number:           A13173945

Author:                    Kathryn Sharplin, Manager: Finance

Tracey Hughes, Financial Insights & Reporting Manager

David Moore, Manager: Capital Projects Assurance Division

Raj Naidu, Corporate Planner

Authoriser:              Paul Davidson, General Manager: Corporate Services

 

Purpose of the Report

1.      The purpose of this report is to inform Council and the public of our financial and service level performance result for the first six months of the financial year 2021/22 and provide an overview of resident perceptions.  The report also includes information on progress and risks relating to the capital programme.

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives Report Financial and Non-Financial Monitoring Report: Period ended 31 December 2021.

 

 

Executive Summary

2.      Operational results for the six months to 31 December 2021 are tracking slightly favourably to budget.  Revenue overall is close to budget with services affected by the alert level restrictions early in the year offset by higher revenue across building services. Full year revenue forecasts overall remain at budget.  Expenditure overall remains close to budget apart from a lower forecast for other operating costs. The risks associated with Omicron are overall likely to be to slow project and service delivery in some areas which would further reduce operating expenditure. Capital expenditure is tracking below budget year to date with a full year result forecast by project managers to be within 80-85% of total budget.

3.      The COVID impact headwinds discussed in the previous quarterly report are now starting to materialise and are directly affecting the capital delivery programme across a variety of projects. This impact is particularly affecting the larger construction projects where more stringent health and safety policies and practices are being instigated to mitigate the spread of COVID within construction workplaces causing budget pressure and delays to project schedules through supply chain delays of materials, plant and gaining access to skilled workers, inflaming an already challenging and stretched resource pool within the construction industry.

4.      Whilst both employee costs and consultancy costs are currently showing favourable variance this should not be taken as a favourable result.  Key reasons for these favourable variances is the difficulty we are experiencing in the labour market at present and this anticipated to get worse as Omicron takes hold.  Labour market impacts are affecting both our ability to attract staff and in some cases we are unable to compete in the market around salary expectations.  This is a national issue and the low level of unemployment is exacerbating this problem.  Executive will continue to work on mitigation strategies to alleviate this however it is expected to impact on our work programme going forward.

5.      Attachment 1 includes the Statement of Comprehensive revenue and expense along with a by activity breakdown of variances in user fee revenue and operating expenditure. A Treasury summary showing debt and full year projections is shown along with a high-level summary of capital expenditure to budget.

6.      Attachment 2 summarises the performance of the top 25 capital programmes being undertaken this year up to 31 December 2021.

7.      Attachment 3 presents how Council and the community are tracking towards achieving Council’s non-financial performance measures and levels of service.

8.      Of the 100 non-financial performance measures, 88 have been measured and reported on. 53 measures (53%) are on track, 25 measures (25%) off track and 12 measures (12%) yet to be measured. 10 measures (10%) have achieved the annual target.

9.      Initial analysis of non-financial performance measures shows that of the 25 measures off track, ten measures (40%), across five activity groups, continue to be affected by the impact of COVID-19.

10.    Attachment 4 presents a high-level summary of the year to date results of the Annual Residents Survey.

Background

11.    This report is for monitoring and reporting purposes showing Council’s financial and non-financial performance in delivering services to the community.

12.    The operational budgets for year one of the Long-term Plan (LTP) set the revenue and expenditure expectations to deliver on agreed service levels and capital investment.

13.    In an LTP, the level of service that the council will deliver along with operational budgets and capital investment programme are agreed upon by the council in consultation with the public. Rates and user charges are set based on these budgets.

14.    The Local Government Act 2002 stipulates that local authorities are required to report on how well they are performing in delivering these levels of service to their communities as measured by the non-financial performance indicators.

15.    In the 2021-31 LTP there were 100 KPIs that were agreed upon, 23 of which are mandatory measures as per section 261B of the Local Government Act.

Strategic / Statutory Context

16.    Maintaining expenditure within budget ensures delivery of services in a financially sustainable way.

17.    Monitoring non-financial performance is a key function of the committee.

DISCUSSION

Part 1: Financial Performance

18.    Attachment 1 to this report provides a summary of Council’s financial performance for the year to date. The content of this attachment includes:

(a)     A summary of revenue and expenditure year to date with revised full year projections presented as a Statement of Comprehensive Revenue and Expense.

(b)     A summary by activity of user fee revenue and operating expenditure variances year to date.

(c)     A Treasury report which shows borrowing year to date and full-year projections, the average cost of funds and money market investments benchmarked to average return.

(d)     A summary of capital expenditure to date and full year projections across the whole programme.

19.    Operating Performance and Revenue and Expenditure Variances by Activity (Attachment 1) shows the operating and capital revenue and expenses in a format consistent with the Annual Report. It shows the year to date results for revenue and expenditure. 

20.    Revenue overall is tracking close to budget with full year revenue forecasts on budget except for capital subsidies and vested assets. There is a small increase in interest revenue forecast based on higher cash deposit levels due to slower expenditure profile.  There has been some impact on revenue in areas of the business from COVID-19 alert level restrictions early in the year including the airport and community facilities such as Baycourt, with further disruptions expected from Omicron. However, this has been offset to date by favourable results elsewhere such as in building services.  There are forecast full year revenue losses from closure of the two carparking buildings for several months although to a lesser extent than originally thought due to revisions to project phasing.

21.    Operational expenditure has been below budget, partly due to lower activity in some areas due to alert level restrictions and new contract arrangements being established.  Infrastructure and growth planning work is also slower than budgeted. Digital projects have also been slightly delayed which has flow on impacts to operational costs. Expenditure is projected to increase in the second half of the year with full year results projected to be below budget ($2.3m) but not to the extent of first half year results.  Uncompleted work will carry forward to the next financial year.

22.    Capital expenditure for the first half of the year has been $95m against a budget of $135m.  Forecasts for the full year are based around an increase in delivery in the second half of the year, with full year delivery forecast at over 80% of budget.

23.    Project performance by activity and programme is indicated graphically below and further information is provided in the attachments.  Activity areas accounting for the majority of year to date underspend include Transportation projects (55% actual spend to budget), Spaces and Places (53%) and Stormwater (23%).

 

 

Summary Treasury and Net debt projections

23.   Net debt at year end is now projected to be as budgeted at around $760m.  Lower forecast capital delivery for the full year $252m, which is $30m below budget, has been fully offset by a significant weathertight claim settlement bringing the likely closing net debt to the budgeted $763m. Interest rates are increasing, but are not expected to have a significant effect on current year budgets which had been based on anticipated rates increases, higher rate debt being paid off and a significant amount of debt hedged at lower rates or at zero interest rates through the HIF loans.

Part 2: Capital Programme Performance – Top 25 Projects

24.    After a gradual increase in productivity and delivery in the first quarter of the FY the expected COVID headwinds are beginning to make an impact on the Top 25 capital projects and programmes. Actual spend to budget has dropped from an encouraging 90% in FYQ1 to 85% in FYQ2. Additionally, the financial year end forecast has dropped from $217M in FYQ1 to $193M in FYQ2 against a year end Top 25 budget of $227M.

25.    Risk management planning and recovery/mitigation strategies are being worked on by project teams and projects are being delivered as optimally as possible.  However, there is ongoing uncertainty of COVID impacts, particularly on supply chain risk affecting resources and materials.  These risks are extending project timeframes and leading to higher costs.

26.    The actual expenditure on key projects such as Te Maunga wastewater and Waiari water supply are generally tracking within budget timing but are expected to slow down due to increased COVID impacts of supply chain and more stringent health and safety measures. Cameron Road Stage 1 actual spend is tracking slightly behind budget with recovery measures in place to meet financial year end budget.  However, risks of slower delivery still remain.

27.    Overall, a larger carry forward of current Top 25 capital budgets into the next financial year are now expected. Please refer to the Top 25 report in the attachments for information on the Top 25 project and programmes.

 

Part 3: Non-Financial Performance

28.    Attachment 3 presents how Council and the community are tracking towards achieving Council’s non-financial performance measures and levels of service.

29.    Of the 100 non-financial performance measures, 88 have been measured and reported on. Data is not yet available for 12 measures.

30.    53 measures (53%) are on track with 25 measures (25%) off track and 10 measures have been met already (10%).

31.    Of the 25 measures off track, ten measures (40%), across five activity groups (Water Supply, Community Services, Emergency Management, Marine Precinct and Spaces and Places), have been affected by the impacts of COVID-19. We will continue to monitor these measures and keep reporting the likelihood of whether these measures will now not be met this financial year over the next quarter.

32.    Where data is not available, the majority relate to annual measures which are only surveyed at one point through the year or to measures that have no current method of assessment.

 

Part 4: Perceptions Monitor

33.    The Annual Residents’ Survey supports non-financial reporting by measuring the perceptions of residents regarding various aspects of services that Council provides.

34.    The survey is conducted in four waves across the year.  Each wave's mail out quotas are applied according to age, gender and ward, to ensure that a representative sample of Tauranga City’s population is achieved. The data is weighted to account for variances in the achieved quotas and to ensure that the sample reflects the population profile achieved.

35.    Waves were introduced in 2016/17 so that data was captured at different points throughout the year rather that one data collection point, as had been the case until then.

36.    The overall results have an anticipated margin of error of +/- 4.6% at the 95% confidence level. Scores for the reporting periods exclude 'Don't know' responses.

37.    The year to date results for 2021/22 are interim and based on the sample of n=361. Data collection for wave two took place between 1 November and 5 December 2021.

38.    A summary of the highlights is attached at Attachment 4. The summary helps provide an insight into how different elements of Council’s core service deliverables, reputation and the perception of value for money contribute to respondents’ perception of Council’s overall performance.

39.    Under overall performance, the year to date result is that 32% of respondents are satisfied or very satisfied with Tauranga City Council in general, which is equal to the full year result for 2020/21. 

40.    Reputation measures the community’s perception of four key areas – leadership, faith and trust, financial management and quality of services/facilities. Under reputation, the year to date result is that 23% of respondents are satisfied or very satisfied, up from the full year result for 2020/21 which was 19%.

41.    Within reputation, there is the measure in terms of respondent’s faith and trust in Council, the year to date result is that 22% of respondents are satisfied or very satisfied, up from the full year result for 2020/21 which was 19%.

42.    A summary of the rest of the high-level survey results of the and their trend to date is summarised in the table below:

Measure

2020/21

2021/22 YTD

Trend

Overall Performance

32%

32%

-

Overall Image and Reputation

19%

23%

5

Overall Value for money

35%

38%

5

Overall Core Services Deliverables

59%

58%

6

Overall Water management

61%

53%

6

Overall Road and footpaths

48%

43%

6

Overall Waste Management

61%

61%

-

Overall Outdoor spaces

81%

75%

6

Overall Public facilities

67%

72%

5

 

43.    In this year’s survey an additional question was added asking the respondents’ awareness that a Crown appointed commission had taken over the governance responsibilities of Tauranga City Council.

44.    The result year to date was that 77% of respondents are aware and 23% unaware, with age being a main factor. Further breakdown of awareness results by age is as follows:

Age

2021/22 YTD

18 to 24

43%

25 to 34

54%

35 to 44

69%

45 to 54

88%

55 to 64

89%

65 +

93%

 

45.    Another additional question was added asking how the respondents rated the Commissioners’ leadership with the year to date result being 48% of respondents stating they are satisfied or very satisfied.

46.    The next wave is due to be collected during February 2022 with the results scheduled to be reported to this committee in May 2022.

Options Analysis

47.    There are no options associated with this report. The report is provided as information only.

Financial Considerations

48.    The financial results to budget for the first quarter provide information on trends and risks.  At the corporate-wide level at this stage of the year no amendments have been made to forecast budgets.  Trends and revisions to forecasts will be considered further in the 6- monthly report.

Legal Implications / Risks

49.    This monitoring report has no specific legal implications or risks.

Consultation / Engagement

50.    This report is made public.

Significance

51.    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.

52.    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.

53.    In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low significance.

ENGAGEMENT

54.    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.

Next Steps

55.    This report ensures monitoring of Council performance to ensure compliance with Council’s budgets, policies and delegations.

Attachments

1.      Attachment 1 - Financial monitoring - A13192285

2.      Attachment 2 - Top 25 Projects & Programmes - Dec 2021 - A13194883

3.      Attachment 3 - Non-Financial Performance Measures - Q2 2021_22 - A13111375

4.      Attachment 4 - Annual Residents Survey 2021_22 - Wave 2 - Performance Report - A13190266   


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

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Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

10        Discussion of late items


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

11        Public excluded session

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendations

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

11.1 - Tauriko Business Estate (TBE) Potential Liability on Council

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

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

11.2 - Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 13 December 2021

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

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

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

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

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

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

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

 

 

 

 

 

 


Strategy, Finance and Risk Committee Meeting Agenda

14 February 2022

 

12        Closing Karakia

 



[1] While a policy on the remission and postponement of rates on Māori freehold land is a requirement of all councils, councils are not required to offer remission and postponement of rates through that policy i.e. their policy position might be ‘we do not provide remissions and postponements’.

[2]Note that Auckland excludes land returned as commercial redress or land commercially leased.

[3] See the Waitangi Tribunal Report Wai 215 Tauranga Moana 1886-2006: Report on the post-raupatu claims.

[4] This decision was issued only a few days before agenda went to print. As such, information on implications are not yet clear.

[5] Some aspects of mobile shop operation remain in the Temporary Commercial Activities on Council Land Policy however these are now superseded and will be removed as part of the policy updates agreed to for the Use of Council Land Policy review.