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AGENDA
Wastewater Management Review Committee Meeting Wednesday, 31 August 2022 |
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I hereby give notice that a Wastewater Management Review Committee Meeting will be held on: |
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Date: |
Wednesday, 31 August 2022 |
Time: |
1pm |
Location: |
Ground Floor - Meeting Room 1 306 Cameron Road Tauranga |
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz. |
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Marty Grenfell Chief Executive |
Terms of reference – Wastewater Management Review Committee
Membership
Chairperson |
To be appointed |
Deputy chairperson |
To be appointed |
Members |
Commissioner Stephen Selwood – Tauranga City Council Commissioner Bill Wasley – Tauranga City Council Commissioner Shadrach Rolleston (alternate member – Tauranga City Council Ms Lara Burkhardt – Ngā Pōtiki Ms Te Rangimārie Williams – Ngā Pōtiki Mr Whitiora McLeod - Ngāi Te Rangi Mr Des Heke - Ngāti Ranginui Ms Destiny Leaf (alternate member – Ngāti Ranginui) |
Quorum |
Four members with at least one member representing Tauranga City Council and one member representing Ngā Pōtiki |
Meeting frequency |
A minimum of twice yearly |
The Committee previously has a membership of eight, four elected members from TCC and four iwi. Currently the membership will be reduced to six, two Commissioners appointed to represent the TCC and four who are appointed as representatives of the Ngati Ranginui and Te Runanga o Ngai Te Rangi Iwi Trust and two members as representatives of the Nga Potiki Kaitiaki Resource Management Unit.
The quorum has been reduced from 5 to 4.
The Wastewater Management Review Committee is established as a committee of Council by the Mayor under section 41A of the Local Government Act 2002 and conditions imposed on Bay of Plenty Regional Council Coastal Permit # 62878.
Role
· To ensure Wastewater operations are in accordance with the Wastewater Management Review Committee Management Plan.
Scope
(a) To receive reports on the operation of the Wastewater Scheme, including reports in relation to monitoring and permit compliance, and to make recommendations to the Permit Holder on the development of Tauranga City Council's policies in relation to wastewater management, treatment and disposal, particularly following the review of wastewater treatment in light of new technologies and standards addressed in the Monitoring, Upgrade and Technology Review Report required by Condition 20 of Coastal Permit No 62878.
(b) To make decisions about the application of the Environmental Mitigation and Enhancement Fund established in accordance with Condition 19 of Coastal Permit N0 62878.
(c) To make recommendations to the Permit Holder as to physical measures and initiatives to address or compensate for actual or potential effects of the Tauranga City Wastewater Scheme (in the broadest environmental sense).
(d) Without limiting the generality of function (c) above, to make recommendations to the Permit Holder as to the implementation of the works to be undertaken in accordance with Permit No 62881, namely:
(i) Decommissioning of the Te Maunga Sludge Pond and the future use of the pond.
(ii) Conversion of the Te Maunga Oxidation Ponds to wetlands.
(e) To make recommendations to the Permit Holder in relation to the independent consultant to be appointed to undertake the Monitoring, Upgrade and Technology Review Report required by Condition 20 of Coastal Permit No 62878.
(f) To make recommendations to the Permit Holder as to enhancing the involvement of tangata whenua in sampling, testing and monitoring.
(g) Assessment of the scope and adequacy of sampling and monitoring.
(h) Notification to appropriate parties of activities that may have adverse effects.
(i) To receive, review and recommend action following receipt of wastewater reports.
(j) To recommend the commissioning of reports and future Tauranga City Council actions on wastewater management, treatment and disposal issues and options, including:
(i) Development of alternatives to waterborne wastewater systems;
(ii) Options for further treatments;
(iii) Options for methods of disposal;
(iv) Monitoring effects on the environment.
(k) To co-ordinate and oversee education of the community on wastewater management, treatment and disposal issues.
(l) To identify and make recommendations to the Permit Holder as to sources of funding which may be available to supplement the Environmental Mitigation and Enhancement Fund established pursuant to Condition 19 of Coastal Permit No 62878 hereof and to be applied for the purposes specified in that condition.
(m) To make recommendations to the Permit Holder as to changes to conditions of these permits pursuant to section 127 of the Resource Management Act 1991, in light of the exercise of the Review Committee's functions, including reports received and information received as a result of monitoring, etc. or to avoid, remedy or mitigate actual or potential adverse effects associated with the operation of the Wastewater Scheme.
(n) To foster robust relationships and dialogue between the Review Committee, the Permit Holder, the Western Bay of Plenty District Council and Bay of Plenty Regional Council in relation to wastewater management, treatment and disposal, particularly following the review of wastewater treatment in light of new technologies.
(o) To make recommendations to Bay of Plenty Regional Council as to amendments to the conditions of these permits which could be implemented via a review under section 128 of the Act in accordance with Condition 22 of Coastal Permit N0 62878.
(p) Prior to making any:
(i) Decisions as to the allocation of the Environmental Mitigation and Enhancement Fund in accordance with Condition 18.3(b) of Coastal Permit No 62878 hereof or,
(ii) Recommendations to the Permit Holder in relation to physical environmental mitigation or enhancement or mitigation works in accordance with Condition 18.3(c) of Coastal Permit No 62878 hereof; -
the Review Committee will exercise its best endeavours to ascertain the existence of any persons or bodies who may have a particular interest or stake in the ecological health of the Tauranga Harbour (particularly the Upper Harbour/Rangataua Bay area) and to consult with those bodies or persons as to appropriate initiatives and measures to be so recommended (in accordance with Condition 18.3(b)of Coastal Permit N0 62878) or undertaken (in accordance with Condition 18.3(c)of Coastal Permit No 62878). As a minimum, the Review Committee shall consult with
· Nga Potiki Kaitiaki Resource Management Unit hapu and iwi of Te Runanga o Ngaiterangi Iwi Trust, Ngati Ranginui and Ngati Pukenga and Te Arawa and their respective hapu which hold kaitiaki status over the wider Tauranga Moana district, including any Working Group established by those hapu or iwi;
· Bay of Plenty Regional Council and the Western Bay of Plenty District Council in relation to issues which may affect those councils in accordance with their function under Condition 18.3(m) of Coastal Permit No 62878 hereof.
(q) Not later than one month following the first anniversary of the commencement of these permits and on each anniversary thereafter, the Wastewater Management Review Committee shall forward to the General Manager, Bay of Plenty Regional Council, a report on the exercise of its activities and functions, including where appropriate a report on the effectiveness of measures undertaken pursuant to the Environmental Mitigation and Enhancement Fund.
(r) Not less than six months following the first anniversary of this permit and each fifth anniversary thereafter, the Wastewater Management Review Committee’s annual report shall contain a review of its activities over the previous five-year period and recommendations for appropriate initiatives over the next five-year period, including any recommendations for changes to conditions of these permits which may be considered necessary or desirable. This report shall be available at least three months prior to the date on which Bay of Plenty Regional Council is entitled to review the conditions of these permits in accordance with Condition 22 of Coastal Permit No 62878 hereof.
(s) A copy of this report shall also be provided to the Chief Executive, Tauranga City Council.
(t) As set out in Condition 18.1.3 of Coastal Permit No 62878, the Wastewater Management Review Committee Management Plan may be amended with the written approval of the Chief Executive of Bay of Plenty Regional Council or delegate.
(u) Confirmation of Committee minutes.
Reports to Council and the Chief Executive of the Bay of Plenty Regional Council.
Wastewater Management Review Committee Meeting Agenda |
31 August 2022 |
5 Confidential business to be transferred into the open
7.1 Minutes of the Wastewater Management Review Committee meeting held on 1 June 2022
8 Declaration of conflicts of interest
9.1 Governance options for Wastewater Management Review Committee
9.2 Wastewater Overflow Management Report
9.3 Wastewater Activities Report August 2022
31 August 2022 |
7.1 Minutes of the Wastewater Management Review Committee meeting held on 1 June 2022
File Number: A13870212
Author: Anahera Dinsdale, Governance Advisor
Authoriser: Anahera Dinsdale, Governance Advisor
That the Minutes of the Wastewater Management Review Committee meeting held on 1 June 2022 be confirmed as a true and correct record.
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1. Minutes of the Wastewater Management Review Committee meeting held on 1 June 2022
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1 June 2022 |
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MINUTES Wastewater Management Review Committee Meeting Wednesday, 1 June 2022 |
Order of Business
1 Opening Karakia
2 Apologies
3 Public forum
4 Acceptance of late items
5 Confidential business to be transferred into the open
6 Change to order of business
7 Confirmation of Minutes
7.1 Minutes of the Wastewater Management Review Committee meeting held on 10 November 2021
8 Declaration of conflicts of interest
9 Business
9.1 June 2022 Wastewater Activities Report
9.2 Programme Business Case Tangata Whenua Engagement and Communications Plan
9.3 Governance options for Wastewater Management Review Committee
9.4 June 2022 Pond 1 Desludging Report
9.5 Environmental Mitigation & Enhancement Fund
10 Discussion of late items
11 Closing Karakia
MINUTES OF Tauranga City Council
Wastewater Management Review Committee Meeting
HELD AT THE Ground Floor - Meeting Room 1, 306 Cameron Road, Tauranga
ON Wednesday, 1 June 2022 AT 1pm
PRESENT: Commissioner Stephen Selwood, Commissioner Bill Wasley, Ms Lara Burkhardt, Mr Des Heke, Ms Destiny Leaf, Mr Whitiora McLeod.
IN ATTENDANCE: Nic Johansson (General Manager: Infrastructure), Radleigh Cairns (Acting Manager: Drainage Services), Carlo Ellis (Manager: Strategic Māori Engagement), Kelvin Hill (Manager: Water Infrastructure Outcomes), Claudia Hellberg (Team Leader: City Waters Planning), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Sarah Drummond (Committee Advisor)
1 Opening Karakia
Mr Des Heke opened the meeting with a karakia.
Acting Chairperson Commissioner Bill Wasley welcomed Ms Destiny Leaf and noted that Mr Des Heke was also in attendance.
2 Apologies
Apology |
Committee Resolution WW2/22/1 Moved: Commissioner Bill Wasley Seconded: Commissioner Stephen Selwood That the apology for absence received from Ms Te Rangimarie Williams be accepted. Carried |
2 Public forum
Nil
Nil
4 Confidential business to be transferred into the open
Nil
At the direction of the Chairperson, the meeting agreed to defer consideration of the Governance Options report until later in the meeting, due to staff availability.
7.1 Minutes of the Wastewater Management Review Committee meeting held on 10 November 2021 |
Committee Resolution WW2/22/2 Moved: Mr Des Heke Seconded: Commissioner Bill Wasley That the minutes of the Wastewater Management Review Committee meeting held on 10 November 2021 be confirmed as a true and correct record, with the following corrections: · Correction pg. 11 Deputy Chair to Acting · Paragraph 2 – Des Heke – Ngāti Ranginui Carried |
7 Declaration of conflicts of interest
Nil
Staff Radleigh Cairns, Acting Manager: Drainage Services
Key points · Summarised the key updates for the Programme Business Case and the next steps planned. · The extra ground improvement works required for the bioreactor project meant the project was running slightly behind time. The outfall project was progressing well and was aligning closure, new outfall and pond capacity. Still some resource consent work to do. Was expecting connection of new outfall to existing pipeline in July. · Regarding the exceedances in March/April, it was noted that a number of exceedances were allowed in the resource consent, but these incidents were under investigation anyway. A reason could be extra filter maintenance required but outfall was within resource consent parameters. Uncertain at this stage exactly why these exceedances had happened. Possibly to do with connection of the landward outfall.
In response to questions · Tauranga City Council had investigated the cause and taken actions for exceedance even though within resource consent conditions and was still uncertain about reason for exceedances. · Recognised that whatever needed doing must happen and could not be delayed. Had taken account of works in the Long-term Plan and the updated Annual Plan. At some point closer to 2024 would need to have a conversation about wider wastewater management issues for the city given the expected growth.
Discussion points raised · Programme Business Case workshops had allowed for in-depth discussion and were progressing well. Also noted there was a considerable time commitment for all involved in the Programme Business Case workshops, and the workshops had built a mutual understanding of Te Tiriti o Waitangi principles with good connections made. · Bioreactor to landfall section projects did not have a Ngā Pōtiki cultural monitor in place until a few months prior to Wastewater Management Review Committee Inaugural meeting.
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Committee Resolution WW2/22/3 Moved: Commissioner Stephen Selwood Seconded: Ms Lara Burkhardt That the Wastewater Management Review Committee: (a) Receives the report: June 2022 Wastewater Activities Report. Carried |
9.2 Programme Business Case Tangata Whenua Engagement and Communications Plan |
Staff Radleigh Cairns, Acting Manager: Drainage Services
Key points · Draft needed to be revised to reflect the current Programme Business Case.
In response to questions · The implementation of the engagement plan and various milestones could come through to the Programme Business Case workshops. The project team would need to review the engagement outcomes and assessment per the criteria briefing developed in the Programme Business Case workshops. Could also look at other reporting options to Te Rangapū Mana Whenua o Tauranga Moana. · Once Programme Business Case workshops were completed, could have the engagement workshops happen in parallel with the project team. Plan could be received by Tangata Whenua/Tauranga City Council committee or Council as the Programme Business Case would affect the wider city. · The overall Programme Business Case would be in parallel with the Programme Business Case workshops so that the feedback from the engagement can be incorporated. Staff wanted to be in the best position for options by 2024. Ideally would have the shortest list possible by that time. · Should strive to do the right thing to achieve the right outcomes between Tangata Whenua and Council regardless of any particular source of funding. Noted the need to align outcomes and break down silos between projects and strategies.
Discussion points raised · The Engagement and Communications plan sat outside as a draft document and was a key important document. It needed to be developed and progressed before it could be finalised. This was a parallel process with the interests of this committee and other iwi/hapū that were affected by the expansion of the city. · Draft needed to build on principles of engagement. The draft would get the discussion going to get buy-in for the Programme Business Case. It also needed to be considered wider as the Programme Business Case impacted the whole city. · Māori land and infrastructure was an ongoing concern and needed to fit in with infrastructure planning, urban growth and resilience. · Expressed the need for a voice for Māori landowners and iwi/hapū. Might not be a programme that came out of this business case but would be an ongoing issue for Tauranga City Council to address. · Expressed the need to link high level planning e.g. the 15th Ave/Turret Rd strategy and to consider Māori land in all the projects, look at equity of services to Māori land compared to non-Māori land. · Needed to find a way to support tangata whenua to provide quality input into meetings. Discussion around doing an engagement plan for a particular purpose or project, but an alternative could be to have a series of continual wananga for tangata whenua representatives to provide co-ordination across projects, strategies and higher level issues such as growth, infrastructure and impacts on Māori land. · Engagement plan could be used as a model for ongoing engagement. Possibility this could link in with Three Waters in terms of funding.
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Committee Resolution WW2/22/4 Moved: Commissioner Stephen Selwood Seconded: Mr Whitiora McLeod Moved: Commissioner Stephen Selwood Seconded: Mr Whitiora McLeod That the Wastewater Management Review Committee: (a) Receives the Report and previous draft engagement plan. (b) Recommends to staff to continue with a review of the plan including: (i) Undertake the required workshops to create the plan. (ii) Undertake the required engagement to carry out the plan. Carried |
9.3 Governance options for Wastewater Management Review Committee Staff Coral Hair, Manager: Democracy Services
Key points · The Local Government Act 2002 (LGA) did not provide for official co-chairs; however, if a Chair and Deputy Chair were appointed, they could act as co-chairs by alternating meetings. Both would be involved in agenda briefings. · Summarised the process for appointing a Chair and Deputy Chair. · Developed position descriptions for iwi representatives. When completed they would be benchmarked by an outside agency to determine appropriate remuneration and should be reviewed regularly. The suggested review was three-yearly in conjunction with election cycle.
In response to questions · Strategic pay review also included the alternate roles. · Similar process undertaken for the Tangata Whenua representatives to the Strategy, Finance and Risk Committee. · Suggestion of the Chair being a Tangata Whenua representative. If Council had not appointed a Chairperson than the Committee could do so, and it was up to the Committee to decide its process. · Commission as a whole exercised the power of the Mayor rather than an individual commissioner. While the appointment of the Wastewater Management Review Committee Chair had usually sat with the Mayor; the Committee could decide to make its own appointment. · An appointment panel was being used for the appointment of the independent chairperson for the Tangata Whenua/Tauranga City Council Committee, which would then provide a recommendation of appointment to Council. This was not an option for the Wastewater Management Review Committee under the Terms of Reference. · Quorum was four which was decided by Council. Five was considered a risk as only six committee members in total. For a meeting to proceed, there must be one Ngā Pōtiki member and one Tauranga City Council member present. Previously had been four councillors and four Tangata Whenua representatives.
Discussion points raised · If there was a desire to move from the status quo of a Council appointed Chair and Committee appointed Deputy Chair, it was suggested to leave those decisions to lie on the table while any alternate processes were discussed by both commissioners and tangata whenua representatives. · Majority of Terms of Reference were taken from the resource consent so limited flexibility to change. Needed to align the management plan that sits underneath the resource consent with any Terms of Reference changes and update Bay of Plenty Regional Council. · Noted the Terms of Reference provided for appointment of alternates. Committee Resolution WW2/22/5 Moved: Commissioner Stephen Selwood Seconded: Mr Whitiora McLeod That the Wastewater Management Review Committee: (a) Receives the report “Governance Options for Wastewater Management Review Committee”. (e) Recommends to Council that the position description for the Chairperson and Deputy Chairperson as set out in Attachment 2 are adopted. (f) Recommends that alternate representatives for iwi representatives be appointed to ensure a quorum can be met. Carried |
Committee Resolution WW2/22/6 Moved: Commissioner Stephen Selwood Seconded: Mr Whitiora McLeod That the Wastewater Management Review Committee agrees to leave recommendations (b), (c) and (d) of the Governance options for Wastewater Management Review Committee report to lie on the table until the next meeting. Carried |
Staff Radleigh Cairns, Acting Manager: Drainage Services
Key points · Decision was taken prior to Council approving funding to be brought forward in the Long-term Plan to get desludging started in order to meet requirements to decommission. · Contract had been let and work would start July 2022. · Estimates of the amount of sludge varied and there was a lot of windblown sand also in the pond. Staff would not know the exact amount until the project started. The timeframe around disposal to the landfill could be tight so looked at ways to extend that if needed. Looked at options such as double shifts to try and meet timeframes set in the resource consent.
In response to questions · Transporting sludge off-site added considerably to the cost of the project. There were no local sites that could take this type of sludge product; sites most likely to be utilised were Hampton Downs or the vermiculture plant. All options would be explored. The more local a disposal site was, the cheaper in terms of cost.
Discussion points raised · Tangata whenua would like Tauranga City Council to investigate quickly another disposal site if one would be needed to meet timeframes. Acknowledged that this may cost more money but expressed concern and did not want any more going to that site. Needed to get on with remediation of the site as soon as possible. · Ngā Pōtiki concerned with disposal not a closed landfill and endorsed other options being investigated.
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Committee Resolution WW2/22/7 Moved: Commissioner Stephen Selwood Seconded: Ms Lara Burkhardt That the Wastewater Management Review Committee: (a) Receives the report, June 2022 Pond 1 Desludging Report. Carried |
Staff Radleigh Cairns, Acting Manager: Drainage Services
Key points · Reviewed criteria and guidelines for application to the fund. The recommendation was to appoint a panel to consider applications. This report set out a process to establish the appointment panel. · Reissue request for expressions of interest for the assessment panel. There were not many applications received the first time. · Mr McLeod was happy to be appointed to the appointment panel. Also a nomination was received for Te Rangimarie Williams.
In response to questions · The Terms of Reference for the assessment panel were discussed. These needed to be updated to reflect commissioners not elected members, and to update dates. Consequential amendments were needed from today’s meeting decisions.
Discussion points raised · Commission representatives suggested that the appointment panel representatives could both be tangata whenua appointees rather than including a commissioner. · The rationale for Point 5 of project eligibility criteria – the fund only covering 50% of the project cost – was discussed. This requirement had been added by the tangata whenua members, and was around a project being more viable/achieving good outcomes if there was alternative funding available as well as TCC funding. Was about providing confidence that the project had been pre-worked and well-scoped, and applicants were committed to completion of the project. 50% requirement could be revisited, may not be achievable for some parties interested in applying for funding. Suggested that the need for confidence in applicants’ commitment could be addressed by a different way e.g. asking for demonstrated effort to find additional funding/alternative funding. Assessment panel provides recommendations to the Committee, there was a discretion with the Committee in terms of amount of funding to be granted. · Two applicants were successful in 2013. The projects were monitoring Rangataua Bay, and fed into wider work that was being done rather than council projects as such. That was not solely council information, would need to make sure there were no restrictions on where that information could be provided; should be able to be provided to the committee members. Be useful for continuity with the Fund and meeting Fund objectives. · Possible changes to the Manual to make sure it was clear that research such as projects to look at alternative options to ocean outfall were covered by the Fund. This could fall under the existing criteria, nothing that would work against an application for that kind of project. · Mātauranga Māori should be included as one of the areas of expertise listed under clause 5.
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Committee Resolution WW2/22/8 Moved: Ms Lara Burkhardt Seconded: Commissioner Stephen Selwood Abstained: Mr Whitiora McLeod
That the Wastewater Management Review Committee: (a) Receives the report, Environmental Mitigation & Enhancement Fund . (b) Reviews the EMEF policy manual and approve any changes as required. (c) Approves the appointment process for appointing members of the EMEF independent panel. (i) Appoints Whiti Macleod as representative on the appointment panel. (ii) Appoints Te Rangimarie Williams as representative on the appointment panel. (d) Reviews and approves the terms of reference for the members of the EMEF independent panel. Carried |
Nil
10 Closing Karakia
Mr Des Heke closed the meeting with a karakia.
The meeting closed at 3.03pm.
The minutes of this meeting were confirmed as a true and correct record at the Wastewater Management Review Committee meeting held on 31 August 2022.
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CHAIRPERSON
31 August 2022 |
31 August 2022 |
9.1 Governance options for Wastewater Management Review Committee
File Number: A13655270
Author: Coral Hair, Manager: Democracy Services
Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. This report sets out governance options for the Wastewater Management Review Committee to consider.
That the Wastewater Management Review Committee: (a) Receives the report “Governance Options for Wastewater Management Review Committee”. (b) Recommends to Council that (insert name) is appointed as the Chairperson of the Wastewater Management Review Committee. (c) Appoints (insert name) as the Deputy Chairperson of the Wastewater Management Review Committee. (d) Recommends to Council that the Chairperson and Deputy Chairperson of the Wastewater Management Review Committee alternate presiding of meetings and that the amended terms of reference for the Wastewater Management Review Committee as set out in Attachment 1 are adopted. |
Executive Summary
2. Following feedback from the tangata whenua members of the Wastewater Management Review Committee (WWMRC), staff were requested to look at enabling the WWMRC to have Co-Chairpersons (Co-Chairs).
3. Co-chairs are not legally able to be appointed to council committees. However, the Chairperson and Deputy Chairperson of the WWMRC could agree to alternate to preside over meetings, thus effectively acting as co-chairs. This arrangement can be set down in the Terms of Reference of the WWMRC.
4. Vacancies exist for the Chairperson and the Deputy Chairperson position. This provides an opportunity to discuss how these positions are filled.
5. The WWMRC considered a report on this matter at its meeting on 1 June 2022 and left the decision on appointments to lie on the table until this meeting.
6. Remuneration for tangata whenua representatives on the WWMRC has been evaluated by an external expert. A report on this, and other remuneration, will be going to the Council for a decision on 5 September 2022.
Background
7. The WWMRC at its meeting on 1 June 2022 considered a report on Governance options for the WWMRC and resolved the following:
“That the Wastewater Management Review Committee:
(a) Receives the report “Governance Options for Wastewater Management Review Committee”.
(e) Recommends to Council that the position description for the Chairperson and Deputy Chairperson as set out in Attachment 2 are adopted.
(f) Recommends that alternate representatives for iwi representatives be appointed to ensure a quorum can be met.”
8. The WWMRC did not resolve recommendations (b), (c) and (d) and these were left to lie on the table until this meeting to enable both the Commissioners and tangata whenua representatives consider their desire to move away from the status quo. These recommendations are presented again for the WWMRC to consider.
Discussion and options
9. The provisions of the Local Government Act 2002 relating to the appointment of a chairperson of a committee refer to the appointment of a person, singular, as the chairperson, which does not allow for the appointment of a co-chair. As such, the positions of Chairperson and Deputy Chairperson are appointed and remain separate.
10. However, the Chairperson can vacate the chair for all or part of a meeting and enable the Deputy Chairperson to chair the meeting.[1] The Chairperson is able to be present and participate in the meeting, including voting, while not chairing the meeting[2]. This would enable the two roles to effectively act as co-chairs.
11. This pre-supposes that the Chairperson agrees to vacate the chair to enable the Deputy Chairperson to chair the meeting at pre-agreed times.[3] The Terms of Reference would need to state that it is the intention that this occurs, however, there is no ability to enforce this practice if the Chairperson decides not to vacate the chair for a particular meeting.
12. Only one person can chair a meeting at any one time. The person chairing the meeting has the powers of the chairperson as set out in standing orders. They would also have the option to use the casting vote (under Standing Order 19.3) in the case of an equality of votes. It is recommended that this be explicitly stated in the terms of reference for clarification.
13. The Chairperson and Deputy Chairperson would attend pre-agenda briefings (usual practice) and split any other duties outside of meetings, e.g. spokesperson for WWMRC. The position description for these roles was approved at the last meeting and will go to the Council for adoption at the Council meeting on 5 September 2022, along with any recommendations from this meeting. The position description is included again for members’ information in Attachment 2.
14. Options for appointing the Chairperson and Deputy Chairperson are set out below:
Option |
Details |
Comments |
1 |
Chairperson is appointed by the Council following a recommendation by the WWMRC and filled by a Commissioner/Tangata Whenua representative
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Recommended option. A recommendation from WWMRC would require endorsement from the Council. With the co-chair arrangement, the position would work closely with the Deputy Chairperson.
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2 |
Chairperson is appointed by the WWMRC and filled by a Commissioner/Tangata Whenua representative |
Appointment would come from WWMRC. Refer to the Strategic/Statutory section for comments around appointments by committees. |
3 |
Deputy Chairperson is appointed by the Council and filled by a Commissioner/Tangata Whenua representative |
A recommendation from WWMRC would require endorsement from the Council. With co-chair arrangement, the position would work closely with the Chairperson. |
4 |
Deputy Chairperson is appointed by the WWMRC and filled by a Commissioner/Tangata Whenua representative |
Recommended option. Appointment would come from WWMRC. Reflects previous practice for appointments of Deputy Chair for WWMRC. |
15. It is recommended that at least one Commissioner and one Tangata Whenua representative is appointed as either the chairperson or deputy chairperson, as set out in the draft Terms of Reference in Attachment 1.
16. In the absence of a Chairperson or Deputy Chairperson, the WWMRC can elect one member to chair each meeting.[4]
17. Another option for discussion is that a person could be appointed as the Chairperson for a stated period of time, with another person appointed as the Chairperson for a further period. For example, a Commissioner or elected member appointed for one year, and a Tangata Whenua Representative appointed for the following year.
Strategic / Statutory Context
18. The WWMRC is a special committee established both by the Council (under the Local Government Act 2002) and the management plan approved by the Bay of Plenty Regional Council that sets out how the WWMRC is to operate under the conditions of resource consent 62878 and the iwi membership of this is set by the consent. The management plan is silent on the arrangements for chairing the meetings. This is not a matter that would be addressed under this plan and there is no requirement to amend this plan to spell out chairing arrangements. The Local Government Act 2002 requirements relating to chairing of meetings, and the appointments of a Chair and Deputy Chair apply.
19. The Mayor has the power under section 41A (3)(c) to appoint the chairperson of each committee and Council has the power to discharge a chairperson appointed by the Mayor (section 41A(4) (d)). The Commission Chair does not have the powers of the Mayor and therefore Clauses 25[5] and 26(3) of Schedule 7 of the Local Government Act 2002 (LGA) apply. Sub-clauses 26(3) and (4) state:
(3) The local authority may appoint a member of a committee to be the chairperson of that committee and, if the local authority, on the appointment of the committee, does not appoint a chairperson, that power may be exercised by the committee.
(4) The local authority or the committee may appoint a deputy chairperson to act in the absence of the chairperson.
remuneration for tangata whenua representatives
20. Independent advisors Strategic Pay were asked to review the remuneration of the Tangata Whenua members on the WWMRC following the appointment of new committee members.
21. A report on this, and other remuneration, will be considered by Council for a decision on 5 September 2022.
22. Currently remuneration for iwi representatives on the WWMRC is based on the Tangata Whenua Remuneration Policy.
23. It is recommended that remuneration be reviewed regularly following each election.
Financial Considerations
24. Any financial impacts from an increase in remuneration would be meet through current budgets.
Legal Implications / Risks
25. The WWMRC can continue to meet without appointing a chairperson or deputy chairperson but this is not recommended. Appointing a chair and deputy chair enables the committee to meet its stated purpose.
Significance
26. 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.
27. 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 .
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
28. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of low significance.
ENGAGEMENT
29. Taking into consideration the above assessment, that the issue is of low significance, officers are of the opinion that no further engagement is required prior to making a decision.
Next Steps
30. The Council approves the WWMRC’s recommendation and appoints the Chairperson of WWMRC.
31. The terms of reference of the WWMRC are adopted by Council on 5 September 2022.
32. The remuneration for tangata whenua representatives on the WWMRC is considered by Council on 5 September 2022
1. Draft
Terms of Reference for the Wastewater Management Review Committee - A12794638 ⇩
2. Position
Description for Chairperson and Deputy Chairperson of the Wastewater Management
Review Committee - A12794637 ⇩
3. Position
Description for Tangata Whenua Representatives on the Wastewater Management
Review Committee - A13655428 ⇩
31 August 2022 |
9.2 Wastewater Overflow Management Report
File Number: A13761189
Author: Radleigh Cairns, Manager: Drainage Services
Authoriser: Nic Johansson, General Manager: Infrastructure
Purpose of the Report
1. To provide information to the Wastewater Management Review Committee on the issue of dry and wet weather wastewater overflows, the current response, reporting and notification requirements and the ongoing work undertaken by staff to reduce the incidence of these events within the city.
That the Wastewater Management Review Committee: (a) Receives the report “Wastewater Overflow Management Report”
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EXECutive Summary
2. Members of the committee have previously requested that staff provide information on wastewater overflows within Tauranga, Council’s response to overflows and any work undertaken to prevent overflows to the receiving environment.
3. Overflows can be split into two categories being: Wet weather overflows caused by inflow and infiltration of stormwater and groundwater into the wastewater network; and Dry weather overflows caused by blockages and damage to the network during normal flows.
4. Staff have reviewed wastewater requests data for the last three financial years and found that between the financial years 2019 to 2022 (July 2019 to June 2022) a total of almost 550 network incidents have been reported within the wastewater network over this period.
5. These events can be categorised as follows:
· 85% were dealt with either before any discharge from the network eventuated or were contained to land (either private or public).
· 7% resulted in a discharge to the stormwater network where it was contained and did not reach a receiving environment.
· 8% resulted in discharges that potentially reached a receiving environment (waterway / harbour / ocean) and required notification.
6. TCC has agreed with Bay of Plenty Regional Council (BoPRC) to follow the Regional Best Practice Guide for the Management of Overflows (Attachment 1) when responding, reporting and notifying wastewater overflows from the wastewater network.
7. Council acknowledges its responsibility to continually work towards minimising the incidence of wastewater overflows from its wastewater network and has a variety of programmes that contribute to that aim including: operational maintenance; capacity modelling and planned upgrades; as well as educational programmes raising awareness within the community.
DISCUSSION
Overflows and Response
8. Flows into the wastewater network come from three main sources. Dry weather flow (a combination of domestic and non-residential loads), groundwater infiltration (water entering the network from the groundwater table) and rainfall derived inflow and infiltration (RDII - rainfall which enters the network from a variety of pathways).
9. The wastewater network is designed and constructed to convey dry weather flows (based on population density and water consumption rates) with an additional infiltration factor to size the pipes for dealing with other flows (such as RDII).
10. Wet weather overflows can occur when the capacity of the network in certain areas is exceeded due to inflow and infiltration during a rain event. Dry weather overflows tend to occur when a blockage constrains flow in the network, or the network is damaged or fails.
11. From July 2019 to June 2022 TCC notified 41 Overflows that reached or potentially reached a receiving environment. Across the three years numbers were stable with 15 in 2019/20, 12 in 2020/21 and 14 in 2021/22. Only one of these overflows appeared to be due to a wet weather capacity issue.
12. The response to any blockage or overflow in the network follows the Best Practice Guide produced by the Bay of Plenty Regional Wastewater Management Group (which includes The Bay of Plenty Regional Council, Toi Te Ora and the six Territorial Authorities within the region including TCC, Attachment 1).
13. The purpose of the technical guide is to provide an agreed standardised framework and key performance targets for the response, monitoring and reporting of wastewater overflows by Network Operators and contracted service providers across the region.
14. Council via its maintenance contractor are required to respond as soon as possible to any overflow/blockage once alerted, with the contractor to be onsite within 60 minutes to assess the situation. Initial focus is on containing and stopping any discharge from the network and normally involves removing any blockage or repairing damage to the network.
15. If the overflow cannot be contained or has potentially already reached the stormwater network and a receiving environment then the notification and reporting process is begun, with BoPRC, Toi Te Ora and affected hāpu and iwi notified. If it is a significant community area for recreation or access a wider media advisory may also be undertaken.
16. Council will always err on the side of caution and warn of potential impacts from wastewater overflows by notifying and placing warning signage in affected areas prior to any water quality testing providing conformation that there has been an impact on the receiving environment.
17. Follow up will include any longer-term repairs required or investigations into the reasons for the overflow, water quality testing to assess whether there is any ongoing environmental impact on the receiving environment as well as potentially educational work on raising awareness of the cause within the catchment’s residents and businesses.
18. Any incident requiring notification under the guide requires a report to be provided to BoPRC on the completion of any follow up work.
19. The guide does not cover consented overflows from the treatment plants for example during extreme weather events. However, these consents have their own notification and reporting requirements that are similar. The last use of one of these consents was in June 2018 when many areas of the city received 100-150mm of rain in one day with areas receiving over 30mm/hr at times.
20. Council has a number of programmes aimed at minimising and reducing the number of blockages and overflows from the wastewater network that includes: operational maintenance; capacity modelling and planned upgrades; as well as educational programmes raising awareness within the community. These target both Wet weather and Dry weather events.
Preventative Maintenance
21. Council contractors undertake scheduled maintenance on areas of the network where potential blockages have been known to build up previously. These areas are “flushed” to remove any blockages that may have begun to build up. These could be areas where the network configuration makes it easy for build ups of fat to occur or a slumped pipe waiting on a more permanent repair for example.
22. TCC undertakes CCTV of the wastewater network to identify locations where renewals and or maintenance is required. CCTV is resource intensive requiring the initial video work but also reviewing the footage before any improvements can be made.
23. Council trialled a rapid assessment tool (SL-RAT®) in 2021 that provided a highly portable rapid onsite blockage assessment enabling any CCTV and cleaning resources to be more effectively utilised.
24. The trial covered over 5km of the network including 115 manholes in 4 days and identified 15 manholes that needed repairs and 2 sites that required emergency flushing to clear blockages and preventing potential overflows.
25. Council have agreed to resource the use of the rapid assessment tool over the next three years and are currently working through some technical reporting issues before the project begins. Use of this type of technology could potentially enable TCC to assess its full network (700+ kilometres) every 5 years.
26. Council monitors both flow and levels within certain manholes and pump stations to provide data that can be used in modelling and planning for upgrades.
Wastewater Education
27. The Waterline School programme has been educating our tamariki on all things wastewater for over a decade and Council have recently completed a review that incorporated a number of changes requested by schools of the hugely popular programme. These included more activity based learning and interactive segments that utilised their online resources.
28. When blockages caused by wipes or fats and grease occur, the catchment where the blockages originated is identified and staff mail drop information on the blockage and the impacts reminding residents not to flush these wastes into the system.
29. This builds on Council’s “Save our Pipes from Wipes” campaign that was launched in late 2018 after Tauranga’s internationally recognised beach, Pilot Bay was temporarily closed due to a wastewater overflow caused by wet wipes.
30. A noticeable reduction of the number of blockages caused by wet wipes was achieved during the launch of this campaign. Since then, numbers have been relatively constant.
31. A new Australian-New Zealand Flushable Products Standard - DR AS/NZS 5328:2021 has been established to identify products that are safe to flush down the toilet. This flushability standard is the first of its kind in the world, and it has been a collaboration between water utilities (including TCC) and manufacturers in its development.
32. While the Standard is voluntary, it provides manufacturers with clear pass/fail criteria for products suitable for toilet flushing. Manufacturers are required to pass six testing criteria and an attestation that there is no plastic in the product. They are also expected to start using the flushable symbol in the coming months.
33. Flushable products will have a clearly identifiable symbol on the packaging. If it does not have this symbol, it does not meet the flushability standard and should be put in the bin, not the toilet.
34. Staff plan to commence engagement with supermarkets and retailers stocking wet wipes. This will be to raise awareness of the new standard and to influence their decisions around these products. The commerce commission will be responsible for compliance to the standard.
35. The Waterline team are about to launch a new early childhood programme focussed on wet wipes that will be rolled out at kindergartens and other pre-schools with the objective of reducing the amount of wet wipes that are flushed down the wastewater network.
36. TCC’s Trade Waste Officers visit both Industrial and Commercial businesses within the city to educate business owners on the impacts of wastes discharged to the network, ensure the required treatment options such as grease traps are in place and monitor discharges through the application of trade waste consents for high risk activities.
Inflow and Infiltration (I&I) Strategy
37. The level of groundwater infiltration and rainfall derived inflow and infiltration (RDII) into the network can vary based on the condition and/or set up of the system (e.g., cracked/broken pipes allowing infiltration, faulty manhole covers, connection of roof drains into the system). The network’s response to rainfall usually determines the frequency at which network capacity is exceeded, and unplanned overflows due to capacity constraints may occur.
38. I&I can be difficult to measure and requires extensive data collection and resources. It is specific to a given catchment and can also change over time as asset condition deteriorates. However, understanding levels of I&I enables Council to assess system capacity, make sound investment decisions and effectively manage wet weather wastewater flows for current and future populations.
39. Council has developed a strategic wastewater network model (SWNM) to manage the network capacity. The model identifies peak wet weather flows in the trunk network leading to the wastewater treatment plants and can predict where, and when, this can result in unplanned overflows from the system. The model also assesses the percentage of I&I into the network.
40. The SWNM shows very low rates of I&I in the Tauranga wastewater network. The modelled rates of I&I are between 0.3% and 2.5% (from flow gauge calibration), with an average rate of 1.2%. Other wastewater service providers in New Zealand have reported rates of I&I between 5-10%. This means that Council’s main focus should be maintaining low I&I rates.
41. Council has also commissioned a draft I&I strategy. The I&I strategy will document current and future work needed to manage I&I into all sections (public and private) of Tauranga’s wastewater network where it may contribute to wet weather overflows. As Tauranga’s I&I% is already low, the strategy will focus on identifying issues and prioritising catchments where I&I remediation work is likely to mitigate wet weather wastewater overflows in a cost-effective manner.
Long Term Plan Capital Works Programme & Network Model
42. For the 2021- 2031 LTP a static hydraulic model for the network was developed to identify potential capacity constraints in the network (i.e., where we could expect to see wet weather overflows). The model used asset data, design flows and population forecasts to identify areas and compared this against reported incidents to find problem areas to be prioritised for options to be included in the LTP. A number of these projects are currently underway.
43. For the 2024-2034 LTP the model will be dynamic allowing a range of scenarios to be tested and will consider the hydraulic constraints of the wastewater treatment plants in any optioneering and prioritisation of improvement works.
Next Steps
44. Further updates will be provided as requested by the Wastewater Management Review Committee (WWMRC).
1. BOPRC_Best
Practice Guide for Managing WW Overflows December 2019 (A11182777)_Optimized -
A13868621 ⇩
31 August 2022 |
9.3 Wastewater Activities Report August 2022
File Number: A13849280
Author: Radleigh Cairns, Manager: Drainage Services
Authoriser: Nic Johansson, General Manager: Infrastructure
Purpose of the Report
1. The wastewater activities report provides information on the current activities in the wastewater area.
That the Wastewater Management Review Committee: (a) Receives the report "Wastewater Activities Report August 2022".
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Discussion
Wastewater Programme Business Case
2. The Wastewater Programme Business Case (PBC) has been initiated to define a ‘preferred way forward’ for future investment for the marine outfall and the wastewater scheme. TCC is currently working on integrating its network and plant strategies to enable integrated investment and a PBC is an ideal vehicle to address this. A project team has been established to work through the PBC process consisting of technical and planning experts, staff and tangata whenua representation from the Wastewater Management Review Committee. Collectively they will work to identify key issues with the wastewater scheme, develop objectives for future investment and propose possible options or responses which could be implemented to address to these issues.
3. The team will assess a long list of options against broad range of prescribed criteria, considering environmental, cultural, and economic outcomes. Utilising a broad range of criteria aligns well with the changes indicated through the Three Waters Reforms where there will be an increased focus on improved environmental outcomes (e.g., through a new NES for Wastewater Discharges and Overflows), and greater consideration of cultural values when upgrading networks and plants.
4. Following assessment against the criteria, a short list of options will be the subject of further analysis. These long and short lists are likely to include both infrastructure and non-infrastructure responses.
5. The PBC defines a ‘preferred way forward’ for future investment across the wastewater scheme as a whole and will guide strategic planning for Council’s wastewater activity, inform future detailed business cases and key strategic documents such as the Long-Term Plan and 30 Year Infrastructure Strategy. It will also set the scene for wastewater when Tauranga City potentially moves into a new water services entity.
6. Progress to date on the PBC includes draft outputs from the project Team for the following:
o Investment Logic Map: confirm problem statements and define benefits from investment
o Benefits, KPIs and Measures: baseline and target values to be confirmed
o Investment Objectives
o Investment Scope: levels of scope the investment is required to deliver
o Key Service Requirements: which key services and to what level (minimum, intermediate, maximum) the programme investment is expected to deliver.
7. The next steps for the PBC include:
· Recommence formal PBC workshops with the Project Team to confirm:
· Refinements made by Tangata Whenua representatives to outputs a.-e. (refer Attachment 1).
· Assessment Criteria: against which long list programme options will be evaluated.
· Long list of options: that can deliver the investment objectives
· Long list assessment: of options against criteria
· A short list of options: for further analysis.
8. This work will be carried out over a series of formal PBC workshops to occur over the remainder of 2022 and possibly into early 2023. Given the volume of material to be covered, complexity and rate of progress, timing for workshops is uncertain as is the date for ultimate completion of the PBC (where the ‘preferred roadmap for investment’ will be confirmed).
9. Development of a stakeholder engagement plan for both community and cultural engagement/communications to support the PBC is required. This will likely include workshops seeking input and feedback from the Te Rangapu and Iwi and Hapu groups and presentations to the Te Awanui Tauranga Harbour Advisory Group at a minimum. The engagement plan will identify other stakeholders and also reflect the points in the PBC process at which this input and feedback should be sought.
Te Maunga Upgrades
Bioreactor Two
10. Two contractors have established on site, one (Brian Perry Civil) is carrying out the ground improvements, the other (HEB Construction) is commencing with the manufacture of precast elements for the structure.
11. The ground improvement work trials are still ongoing while TCC and the contractor resolve pile quality issues. A further site trial has commenced and if successful it is anticipated that ground improvements will be complete by the end of March 2023.
12. HEB Construction, who are constructing the above ground works, expect to have completed the manufacture of all of the precast elements by November 2022 and will have to wait until the ground improvement work is completed before commencing with the erection of the structure.
13. The scheduled date for completion of Bioreactor 2 is December 2023 however this will be reviewed once the ground improvement issues are resolved.
Landward Outfall
14. This project is proceeding well with all of the 1200mm diameter pipeline now laid in the ground. Hydrostatic testing of the pipeline is underway and the pipeline will become operational at the beginning of October 2022.
Clarifier Three
16. Piling trials are due to begin and the preliminary design phase is on track for completion at the end of September 2022.
17. The construction of the foundation system and floor slab has been brought forward and will commence in April 2023. The above ground works will be carried out thereafter. The overall result will be that Clarifier 3 could be completed 8 months ahead of programme.
Desludging Pond 1
18. The contractor has established on site and is finalising their equipment set up. Desludging will commence in September and continue for approximately 18 months dependent on the amount of sludge within the pond. Council will increase the monitoring of seepages from quarterly to monthly while desludging is underway and work with the contractor to manage flows during the works.
Opal Drive Pumpstation Upgrade
19. Opal Drive Pump Station is a key pump station as it pumps the majority of wastewater flows from the eastern and central Papamoa area and Wairakei Urban Growth Area (UGA) through to the Te Maunga wastewater treatment plant (TMWWTP), future flows from the Te Tumu UGA will also pass-through Opal pump station.
20. The current pump station occupies 1980m² at the northern end of 45 Opal Dr, the total site area is 8390m². 45 Opal Dr is a designated site (C81) for the purpose of a “wastewater pumping station” in the Tauranga City Plan. Kainga Ora’s transitional houses have recently been removed from Site B to enable the ground investigations and subsequent construction of a new Opal Dr pump station. The Kainga Ora housing will remain on Site A for at least another 5 years (Figure 1)
21. The preliminary design of the pump station has been completed which provides an understanding of the site layout and above ground structures to be constructed as part of the project. It is Council’s intent to design these structures to fit in with the residential setting of the area.
22. As part of the construction of the new pump station the existing incoming and outgoing wastewater pipelines will need to be realigned. The eastern corridor wastewater strategy also anticipates two additional wastewater pipelines: from the future Wairakei pump station to Opal pump station and from Opal pump station to Te Maunga Wastewater Treatment Plant. They are expected to be constructed in the current road corridors between the Wairakei Stream and the coast.
23. The comprehensive stormwater consent (RC63636) provides for the duplication of all the storm water culverts on the Wairakei stream. We expect to deliver these culvert upgrade works on Opal Dr at the same time as the wastewater works to avoid disrupting the community twice in this area and for efficiency in undertaking the work.
24. We are in the process of engaging with mana whenua in relation to this project, as part of this we are seeking advice on whether it is appropriate to include cultural elements in the aesthetic design of the pump station structures and/or landscaping. If so, then we would want to work with mana whenua to include those cultural elements.
Consent Monitoring
25. All results from receiving environment sampling are within consented limits. There has been an increase in seepage rates due to higher levels in Pond 1 resulting from the increase in rainfall over the winter months.
26. No odour complaints regarding the treatment plants have been received. The bi-annual odour survey is due to take place in the last quarter of 2022.
Environmental Mitigation & Enhancement Fund
27. The Wastewater Management Review Committee appointed two representatives to the appointment panel in June 2022. Staff are working with these committee members to advertise an expression of interest for the independent panel that will review any applications to the fund. Council expects the panel to be in place before the end of 2022 for applications to open in early 2023.
Next Steps
28. Further updates will be provided at the next Wastewater Management Review Committee (WWMRC) Meeting.
31 August 2022 |
[1] Clause 26(2) Schedule 7 of Local Government Act 2002 states
“The chairperson of a committee must preside at each meeting of the committee at which he or she is present unless the chairperson vacates the chair for a particular meeting.”
and Standing Order 14.2 (see below) allows the chair of a committee to vacate the Chair for a particular meeting.
“In the case of committees, subcommittees and subordinate decision-making bodies, the appointed Chairperson must preside at each meeting, unless they vacate the chair for all or part of a meeting. If the Chairperson is absent from a meeting or vacates the chair, the deputy Chairperson (if any) will act as Chairperson. If the deputy Chairperson is also absent, or has not been appointed, the committee members who are present must elect a member to act as Chairperson. This person may exercise the meeting responsibilities, duties and powers of the Chairperson.”
[2] The exception to this is where the reason the chairperson vacated the chair was that they had a conflict of interest, in which case they could not participate in the debate or vote.
[3] Options include alternating meetings or agreeing to chair for a specific time e.g. for the year. There are a minimum of two meetings held per year. The Chairperson will need to formally vacate the chair at the start of each meeting that it is pre-agreed the Deputy Chair will chair, and this needs to be recorded in the minutes of that meeting.
[4] Clause 26(6) Schedule 7 LGA 2002.
[5] Clause 25 relates to the voting systems for certain appointments, including for the chairperson and deputy chairperson of a committee.