Agenda of Ordinary Council Meeting - Monday, 5 September 2022

UNCONFIRMED Ordinary Council meeting Minutes

15 August 2022

MINUTES

Ordinary Council meeting

Monday, 15 August 2022

Order of Business

1 Opening karakia and acknowledgement 3

2 Apologies. 3

3 Public forum.. 3

4 Acceptance of late items. 4

4.1 Late Item - Infrastructure Funding and Financing Act Proposal for the Transport System Plan - Negotiation Update and Decision on Proceeding. 4

5 Confidential business to be transferred into the open. 4

6 Change to the order of business. 4

7 Confirmation of minutes. 4

7.1 Minutes of the Council meeting held on 25 July 2022. 4

8 Declaration of conflicts of interest 4

9 Deputations, presentations, petitions. 4

9.1 Toxic Agrichemicals Advisory Forum (TAAF) 4

10 Recommendations from other committees. 5

Nil

11 Business. 5

11.1 Use of Agrichemicals on Grass Sports Turf Surfaces - Amendment to schedule one to the Use of Toxic Agrichemicals for Vegetation Management Policy. 5

11.2 Executive Report 6

11.3 City Centre Action and Investment Plan. 8

11.4 Withdrawal of Proposed Plan Change 26 - Housing Choice and part of Plan Change 27 - Flooding from Intense Rainfall 10

11.5 Adoption of Plan Change 33 - Enabling Housing Supply for Notification. 13

11.6 Temporary Road Closures - Annual Events 2022 - 2023. 14

12 Discussion of late items. 15

13 Public excluded session. 15

Resolutions transferred into the open section of the meeting after discussion. 17

MINUTES OF Tauranga City Council

Ordinary Council meeting

HELD AT THE Bay of Plenty Regional Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

ON Monday, 15 August 2022 AT 9.30am

PRESENT: Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, Commissioner Bill Wasley

IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Chief Financial Officer), Barbara Dempsey (General Manager: Community Services), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy, Growth & Governance), Alastair McNeill (General Manager: Corporate Services), Steve Pearce (Acting General Manager: Regulatory and Compliance), Gareth Wallis (General Manager: City Development & Partnerships), Andrew Mead (Manager: City Planning and Growth), Carl Lucca (Programme Director: Urban Communities), Robyn Scrimshaw (Urban Planner: Urban Communities), Gregory Bassam (Principal Strategic Transport Planner), Janine Speedy (Team Leader: City Planning), Libby Dodds (Team Leader: Community Relations), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), Sarah Drummond (Committee Advisor), Anahera Dinsdale (Committee Advisor), Janie Storey (Committee Advisor)

1 Opening karakia and acknowledgement

Commissioner Shad Rolleston gave the karakia and reflected on recent passing of Mr Peri Kohu.

Chairperson Tolley noted that Peri Kohu spoke at the last Council meeting where he made an historic apology and had appeared in front of the Council at a number of occasions. The extent of his relationship with the Council was reflected at his tangi, which was attended by large group of representatives from TCC. This meant a lot to Mr Kohu’s family - the relationship was one of mutual respect and understanding and he had given a great deal of assistance to Council right up to the day before he passed.

2 Apologies

Nil

3 Public forum

Nil

4 Acceptance of late items

4.1 Late Item - Infrastructure Funding and Financing Act Proposal for the Transport System Plan - Negotiation Update and Decision on Proceeding

Resolution CO15/22/1

Moved: Commissioner Bill Wasley

Seconded: Commissioner Shadrach Rolleston

That the Council:

Accepts the following late item for consideration at the meeting:

• Infrastructure Funding and Financing Act Proposal for the Transport System Plan - Negotiation Update and Decision on Proceeding

The above item was not included in the original agenda because it was not available at the time the agenda was issued, and discussion cannot be delayed until the next scheduled meeting of the Committee because a decision is required in regard to this item.

Carried

5 Confidential business to be transferred into the open

Nil

6 Change to the order of business

Nil

7 Confirmation of minutes

7.1 Minutes of the Council meeting held on 25 July 2022

Resolution CO15/22/2

Moved: Commissioner Bill Wasley

Seconded: Commissioner Shadrach Rolleston

That the minutes of the Council meeting held on 25 July 2022 be confirmed as a true and correct record.

Carried

8 Declaration of conflicts of interest

Commissioner Wasley declared that he lived in an area affected by Item 11.5 Plan Change 33. It was noted it was a general interest and not a financial conflict.

9 Deputations, presentations, petitions

9.1 Toxic Agrichemicals Advisory Forum (TAAF)

External - Bill Myhill, Ian McLean, Peter Mora

A presentation was provided noting the following with regards to the use of chemicals oxadiazon and pendimethalin:

· TAAF supported human health and these chemicals were a threat, with considerable research being done to support this view. The group did not want these chemicals in the environment.

· Provided two recommendations - one was not to use the chemicals at all, and the other was to note that, while they did not give their support, they wanted to be provided with an opportunity to comment on how they were used if used.

· Oxadiazon - had been trialled, but the results poorly reported. It remained in the soil, its effectiveness was short term, results were inconsistent and it did not attach to established plants at the germination and early growth stage

· Toxicity - there were claims the sprays were not carcinogenic, but reports indicated that they were when tested on animals. Sometimes they were safe when used with protective clothing. Chronic exposure was hard to document or to see if there were side effects e.g. a team of players in field, one of whom was pregnant and loses the baby - this was a possibility with use of oxadiazon but hard to establish causality.

· Pendimethalin - while this was better it was still not good to use as there were issues with its application. The primary purpose was to allow greater use of fields, but as the field had to be closed for four months it took out a whole summer of sports for that field.

· There was nowhere in the statement limiting the use of the chemical when replacing grass or how often it was likely to be used, and no comment for when an area was being re-grassed.

· The field could be upgraded without the use of chemicals.

· Primary recommendation was that neither chemical be added to Schedule 1.

· Secondary recommendation was to add to Schedule 1 with nominated restrictions including being limited to fields where a high level of service was required, e.g. elite sports and to identify a minimum time interval between applications in any one location.

· If the secondary recommendation was applied, then discussions should be held to follow up what the nominated restrictions were. High quality fields for elite sports do not normally have children playing on them e.g. cricket at Blake Park would fulfil the requirement.

· TAAF’s view was that the Environmental Protection Authority (EPA) had low standards. While the chemicals were approved for use in NZ and America, there were other countries that considered them far too toxic. TAAF considered that the EPA decisions were based on research carried out by the agencies selling the chemicals and the American influence.

The Chair thanked the representatives for their attendance and advice, noting that it was important to maintain advice with use of chemicals in public places in an open and transparent manner.

The group left the meeting at 9.45 am

10 Recommendations from other committees

Nil

11 Business

11.1 Use of Agrichemicals on Grass Sports Turf Surfaces - Amendment to schedule one to the Use of Toxic Agrichemicals for Vegetation Management Policy

Staff Barbara Dempsey, General Manager Community Services

Ross Hudson, Team Leader: Planning

Emma Joyce, Open Space and Community Facilities Planner

Peter Mouldey, Senior Project Manager

Key points

· The Council would not do anything that compromised public health and relied on the EPA assessments to make playgrounds and turf areas safe and available to players.

· Both chemicals were EPA-approved and used for sports fields with best practice guidelines.

· The applications were an integral part of the maintenance to provide better facilities that allowed more training hours and more people playing on the fields.

In response to questions

· When the chemicals were applied it was done as part of the upgrade of the field, so it was out of use for four months to be able to grow new turf. The areas were fenced off and the chemical was used to stop the growth of weeds.

· If a second application was used it would mostly be due to climate conditions and the field would be closed for a longer period.

· Oxadiazon was more toxic and would be used when the area was fenced off. Pendimethalin was used for the maintenance of a field.

· Alternative options had been investigated to get extra use of the grounds, but any other product would also kill off the grass. Pendimethalin increased the germination of the seed. No other councils were able to provide an alternative practical solution.

· The fields were redeveloped every 10 years or so. The granulated product was at 2% with the rest being fertiliser and well-watered into the ground.

· In response to a query regarding the ongoing monitoring and reporting on the use of chemicals and compliance with signage, it was noted that contractors were required to enter all agricultural chemicals used and information on the chemicals used was available to the public.

· It was agreed to include monitoring of these reserves and to provide feedback to the Council and TAAF in 12 months on the effectiveness, compliance with the processes and signage and any incidences of problems.

· Pendimethalin would be used on the premier sports fields at Blake Park and the Tauranga Domain.

Resolution CO15/22/3

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Approves the addition of oxadiazon (Oxa-Pro) and pendimethalin (Pendi-Pro) to Schedule One: List of Approved Products appended to the Use of Toxic Agrichemicals for Vegetation Management Policy, noting that their use is restricted to grass sports turf.

(b) Agrees that both oxadiazon and pendimethalin can be used on the three identified active reserves of Links Ave, Waipuna Park and Morland Fox Park, and that pendimethalin can also be used on Blake Park 1 and Tauranga Domain, for one year; and requests that a review be provided to Council in 12 months on effectiveness, compliance with process and signage, and any incidences of problems.

Carried

11.2 Executive Report

Staff Nic Johansson, General Manager: Infrastructure Services

Barbara Dempsey, General Manager: Community Services

Paul Davidson, Chief Financial Officer

Christine Jones, General Manager: Strategy & Growth

Alastair McNeil, General Manager: Corporate Services

Steve Pearce, Acting General Manager: Regulatory and Compliance

Gareth Wallis, General Manager: Central City Development

Key points

· Acknowledgement of the success of the contact centre attaining 3^rd in Customer Service benchmarking in a mystery shopper type survey; the Tauranga/Western Bay Global ambassadors reaching the semi-final of the Impact awards; of Mangatawa Marae for offering to be a dedicated community centre in an emergency and to all the volunteer planters who supported planting days throughout the city.

· There had been a recent increase in flights from the Tauranga airport. It was planned to bring forward expenditure and planning of the relocation of the fire station, power and lighting centre to allow for the carpark extension.

· The marine precinct was also fuller with an uplift in forward bookings. One derelict vessel had been taken out of the water and placed on the hard stand and staff were working with owners of the other vessels on payment options to clear debt. BOPRC was removing the fluids from the vessels.

· The Otūmoetai spatial plan was now at the stage where tangata whenua were involved. The plan would be provided to the Strategy, Finance and Risk Committee in October.

· A submission was being drafted for the Local Government Electoral Legislation bill on Māori representation and changes to the representation arrangements. The information would be provided to the Tangata Whenua Committee so they were aware of the proposals being submitted.

· The District Licencing Committee was appointed five years ago, and a few changes had been made due to the change in legislation allowing for greater community involvement. Several trained Commissioners wished to stay on. The Chairpersons would be experts in licencing and members would be experts within the community. Staff would look at the contractual arrangement for the recently appointed tangata whenua position to see whether it continued or was included in the reappointment process.

· Governance to Governance meetings had been held with two Council Controlled Organisations (CCOs) resulting in productive conversations and good relationships being developed with them. The demolition of 90 Devonport Road was well underway and the consultation for the proposal to set up a CCO in partnership with tangata whenua would be undertaken at the end of August.

· The resource consent for the Marine Parade walkway was lodged with TCC last week for the work to be contracted out for tender. The barbecues and seating would be installed in October/November.

In response to questions

· Improvements to bus stops and shelters included considering other opportunities network-wide rather than just upgrading those that were there.

· The Otūmoetai spatial plan included the look and feel of the peninsula, what the future transport plan would take into account with the proposed future intensification of the area and would connect to Council’s Long-term Plan (LTP).

· Te Ara o Wairakei Reserve planting had received minimal vandalism with one tree being removed and replaced. It was noted that a group of residents had written to the Ombudsman expressing their concern that the consultation process was not what the community had expected.

· In response to a query regarding any plans to review the success of the use of the Totara Street cycleway route during the week, it was noted that early counts were being taken and would be done again at 6-12 months. A post project review was a requirement for the 51% contribution from Waka Kotahi to ensure the anticipated benefits were being achieved.

· A number of options for decision making with regards to the new cycleways would be put to the Council in September with the decisions being sought in October. Bike security would be included in the option processes.

· The Nature and Diversity action plan would be delivered in time for the next LTP along with a number of other plans. A suite of plans updated by the Commissioners would be in place for the new Council when they came into force.

· Plan Change 33 was having some bearing and uncertainty on the consents team with learning the new rules.

· Staff were meeting their obligations with food licences. There was now a full team, and the small backlog was expected to be cleared this year.

· Staff had noted the opportunities for greater public awareness when new liquor licences were applied for or renewals sought.

· Commissioners wished to understand how city housing aspirations were being met. Information was sought on how many completed houses were being lived in and how many were being delivered relative to what was needed in the area.

· It was noted that there was work being done on the sediment and erosion control on building sites. The Council had a double problem approach with offenders, by taking enforcement action on the companies with poor compliance and increasing visits to these sites. The need to lift the overall market was recognised and for developers to understand the impact if they did not comply.

· It was requested that the story be told of the stained-glass windows that were currently on display at the library.

Discussion points raised

· An iwi visit and blessing was to be undertaken at the Waiāri water supply before it was opened.

· There was a need to be mindful of how dynamic some of the water supply systems were and to be flexible with how monitoring was undertaken.

· Compliments to the wastewater team for carrying out testing and taking a prudent look at work not needed, saving $250,000 expenditure.

· Acknowledgement of the work of the events team - e.g. the recent Independence day for India where staff were active in engaging with the community to commemorate and celebrate the event.

· Acknowledgement of the increased standard of community consultation being undertaken.

Resolution CO15/22/4

Moved: Commissioner Shadrach Rolleston

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Receives the Executive Report.

Carried

11.3 City Centre Action and Investment Plan

Staff Carl Lucca, Programme Director: Urban Communities

Robyn Scrimshaw, Urban Planner: Urban Communities

Gregory Bassam, Principal Strategic Transport Planner

External Daniel Chapman and Darren Davis - Stantec

Key points

· The purpose was to refresh the plan with a focus on what to deliver over the next 10 years, supporting the rejuvenation of the city centre and the integration of all the factors relating to it.

· Included the engagement and feedback gained through the LTP, consulting with a wide range of stakeholders, partners and mana whenua and tied in with Priority One’s blueprint, the University of Waikato and the broader city centre stakeholders.

· A number of common themes came through with the engagement.

· Vision - Te Rapunga Ora ki Te Papa - a great place to live, work, learn and play.

· Four Pou - worked with mana whenua who looked back to look forward and to acknowledge the city centre with the moana and responsibility to the natural environment.

· Peri Kohu’s contribution would benefit generations to come.

· Strategic Outcomes included: how we move around, what to be proud of, the activation of what was happening today, tomorrow, next year and reconnecting with nature.

· There were eight precincts identified and each had a vision, a primary and secondary outcome for land use, significant developments and the character of each area reflecting existing uses and realising the potential to build the identity of the city centre.

· The movement and access framework was to allow people to have a choice how they could get into the city centre easily and move around it safely. There would be more option analysis and consultation undertaken over time building out from the precinct, for those moving around the city on foot and the ongoing enhancement of public transport.

· A table of actions and programmes was provided in the presentation.

· The Plan was well underway for implementation and there had been lots of opportunities for people to have a say as it had been included in the previous LTP and LTP amendment.

· The plan would now be taken forward developing partnerships with mana whenua, the University of Waikato, Priority One and other organisations to create more space, more events, more students, more living and working in the city centre.

In response to questions

· Staff were currently working on the monitoring framework for the spatial plan with KPI’s being identified. These required further work and, once data was available, they would be brought together with the Te Manawataki Te Papa spatial plan framework and explored further.

· It had been taken for granted that Cameron Road was the central spine of Te Papa, this would be looked at again and plans updated to provide it as a more prominent message.

· A fundamental principle was for everyone to have access to every area of the city centre, but it needed to be managed in a way so that traffic was not using it as a thoroughfare to go from one area of the city to another. More detail around this would be placed in the maps.

· It was noted that a lot of work sat behind the maps and that this be provided to the Commissioners in a briefing to enable a clearer understanding.

Discussion points raised

· Commended staff on what they had achieved in the plan; acknowledgement that a lot of work had been done over the last 10 years towards the revitalisation of Tauranga’s centre.

· As the fifth largest and fastest growing city in NZ it was important to have a cohesive centre for the city.

· The completed plan answered a lot of the questions asked by the community during consultation and the changes included focusing on people rather than cars and parking, the need to create great spaces and places for people to shop, be entertained, take part in events and the development of laneways to brighten up places for people to gather.

· The timelines of actions were good, but it would be preferable to get definite timelines with funding rather than short and medium term.

· Need to move from the plan and have investment funding bedded into the LTP so when the next Council was appointed there would be a clear pathway for them to pick up and add value.

· Acknowledgement that a lot of businesses were still in the city centre and continued to trade and operate in a challenging environment and new retail would emerge in the centre again like it used to.

· The plan embedded the history the city was founded on as a place of gathering connecting trade, commerce and learning with the values and key outcomes being critical.

· The blueprint to bring the city back to reality was there, but the opportunity to reduce our carbon footprint was not shown very strongly.

· The plan was the heart of the Western Bay of Plenty subregion, not just Tauranga city.

· Important to ensure that there were monitoring, reporting and implementation arrangements set in place as this had been lacking in the past. Ensure it was cohesive and co-ordinated looking at integration of all actions, or the outcomes sought for the city centre would not be achieved.

· Connection into other parts of city through the walkways etc was one point, but need to see what framework and KPI’s were in place to measure the achievements, how the plan was anchored in the LTP and how it linked with other plans like the City Plan.

· A matrix of implementation arrangements would give confidence to the Commissioners, agencies and the wider community that the plan was well anchored to actually deliver what it said it would.

Resolution CO15/22/5

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Receives the ‘City Centre Action and Investment Plan’ report.

(b) Adopts the City Centre Action and Investment Plan (Attachment A) to guide rejuvenation and investment prioritisation in the city centre.

(d) Rescinds the City Centre Strategy (2012) and the City Centre Spatial Framework (2017) with those documents being superseded by the City Centre Action and Investment Plan.

Carried

At 11.32am the meeting adjourned.

At 11.59am the meeting reconvened.

11.4 Withdrawal of Proposed Plan Change 26 - Housing Choice and part of Plan Change 27 - Flooding from Intense Rainfall

Staff Janine Speedy, Team Leader: City Planning

Andy Mead, Manager: City Planning & Growth

Key points

· There were two parts to the report - the withdrawal of plan change 26 and a push for TCC to look at intensification up and out with the key elements notified in 2020.

· The other key component was to create and provide for intensification along the Te Papa peninsula corridor. Submissions on both were being worked through.

· The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act was introduced and the plan change put on hold while the implications of the Amendment Act on the plan change were understood.

· The key reasons for withdrawing the plan change were that the geographic extent was larger than what was proposed in the plan change, there were clear requirements as to what was a permitted activity, the implementation of the national policy statement was very directive in intensification around the city.

· The withdrawal of proposed plan change 26 in full would enable the adoption of plan change 33 for public consultation.

· Also sought was a part withdrawal of plan change 27 regarding the impervious rule which managed the effect of flooding from intense rainfall. This would change where the rule sat in the plan and what it covered across the city.

· The removal of this would not affect the three Environment Court appeals.

· Chapter 14 residential zone - very significant amendment to make it more efficient to deal with what needed to be implemented.

· Plan change 33 - staff proposed to reuse the information from plan change 26 and the work done on the Te Papa peninsula with the additional height; and allowing three dwellings of three stories gives effect to Policy 3, taking into account the submissions received.

· Resource consent would be needed for four or more dwellings considering the capacity in the network, bicycle parking requirements, lighting, urban design etc.

In response to questions

· All active submitters had been notified that the plan change was on hold and would be further notified with the withdrawal. Staff would continue to work closely with the submitters.

Resolution CO15/22/6

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Resolves to withdraw Proposed Plan Change 26 – Housing Choice in accordance with Clause 8D of Schedule 1 of the Resource Management Act 1991.

(b) Notes that the reasons for withdrawal of Proposed Plan Change 26 are:

(i) The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act (Amendment Act) enacted on 20 December 2021 directs tier 1 councils, including Tauranga City Council, to publicly notify an Intensification Planning Instrument (IPI) by 20 August 2022 that applies medium density residential standards (MDRS) across all relevant residential zones and gives effect to Policy 3 of the National Policy Statement on Urban Development (NPS-UD).

(ii) The scope of the changes required by the Amendment Act are different and wider reaching geographically than Proposed Plan Change 26.

(iii) Proposed Plan Change 33 – Enabling Housing Supply, which implements the requirements of the Amendment Act, is recommended for adoption for public notification, and will supersede the purpose of Proposed Plan Change 26.

(c) Authorises the General Manager: Strategy, Growth and Governance to give public notice of withdrawal of Proposed Plan Change 26 – Housing Choice, and the reasons for the withdrawal, in accordance with Clause 8D of Schedule 1 to the Resource Management Act 1991

(d) Resolves to withdraw the following parts of Proposed Plan Change 27 – Flooding from Intense Rainfall in accordance with Clause 8D of Schedule 1 to the Resource Management Act 1991:

(i) 14B.3.7(b) Site Coverage – Suburban Residential Zone and additional Note

(ii) 14B.3.8(b) Site Coverage – Large Lot Residential Zone and additional Note

(iii) 14B.6(a)(x) and (b)(vii) Restricted Discretionary Activity Rules

(iv) 14B.6.1.9 Site Coverage

(v) 14D.4.2.9(d) Site Coverage

(vi) 14D.4.2.14(w) Restricted Discretionary Activities – Matters of Discretion and Conditions

(e) Notes that the reason for withdrawal of the parts of Proposed Plan Change 27 – Flooding from Intense Rainfall listed above are:

(i) Proposed Plan Change 33 requires significant changes to the structure and content of Chapter 14 – Residential Zones in the City Plan, which consequentially affects the impervious surface area rules included in Proposed Plan Change 27.

(ii) Proposed Plan Change 33 will include equivalent impervious surface area rules.

(iii) Withdrawal of the impervious surface area rules will not affect or vary any other part of Proposed Plan Change 27.

(f) Authorises the General Manager: Strategy, Growth and Governance to give public notice of withdrawal of the parts of Plan Change 27 – Flooding from Intense Rainfall listed in (d) above, and the reasons for the part withdrawal, in accordance with Clause 8D of Schedule 1 of the Resource Management Act 1991.

Carried

11.5 Adoption of Plan Change 33 - Enabling Housing Supply for Notification

Staff Janine Speedy, Team Leader: City Planning

Andrew Mead, Manager: City Planning and Growth

Key points

· Significant process to understand the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act (Amendment Act), with a lot of complicated issues to work through to get to this point.

· There was a requirement to notify by 20 August 2022 and staff were confident that they had implemented the requirements and key elements specific to TCC.

· Large areas of the city that were medium density residential zone would be combined or rezoned into one zone.

· It was reasonable to implement Policies 3c and 3d in the high-density zone within the city centre and in the Te Papa peninsula with height enabled for apartment-type areas.

· In other residential areas such as Otūmoetai medium three storey three dwelling development would be allowed. If not complying, or for four or more dwellings, a resource consent would be required.

· High density zones had permitted activities and the site coverage rule did not apply. Consent would still be required for four or more dwellings and height would be enabled across certain parts of city in relation to the boundary.

· The Urban Design Panel was important to assess the criteria for the resource consent process.

· Proposed that any new residential properties in a commercial zone must get resource consent as a restricted discretionary activity as the ground floor was still required to be for commercial purposes.

· There was no minimum density limit in the commercial zone if it met Policy 3d and would work closely with the city centre zone. Requirement was to give effect to Policy 3a, to allow as much development as possible in the city centre.

· Height was enabling across much larger areas, with most of the city centre unlimited, apart from the airport flight path restrictions.

· Would ensure the centre was vibrant using the Urban Design Panel and working with the refresh team and the Otamataha Trust on cultural values, protection and consideration of the interface with sites of heritage or cultural significance.

· The Amendment Act allowed Smiths Farm to be rezoned in part from rural residential to medium density.

· Public consultation was required to gain feedback on the changes.

· Qualifying matters allowed Council to limit development, but it would need to be justified why it was limited through the consent process - e.g. flight path, cultural reasons.

· Three new zones included - the national grid where it was intended to change to noncomplying; Pukehinahina as it was a significant cultural site and Council was currently working with the Trust regarding limited height around the site with transitional height to eight stories on edges and working up from that; and Plan Change 27 must be treated as qualifying, only removing the impervious surface rule.

In response to questions

· Objectives and policies fitted within all the zones and linked to the residential outcomes framework - the residential zone did not have the same interface with the commercial zone.

· In response to the proposed application of the resource consent outcomes framework for industrial or business zones, it was noted that the framework did have some unintended outcomes for these zones. The ability within future development to consider what commercial zones were, what could be enabled in those zones and whether to use multiple zones was important.

· In response to consideration being given to parking and road width with the removal of parking within the high-density areas, it was noted that the removal of carparks occurred in 2020. Developers needed to make a financial decision as to whether to provide carparking as part of a development. While the role of the hearings panel was to consider all submissions received, they would be doing so in relation to the Amendment Act, so parking would not be a consideration.

· The transport team was looking at tools to manage parking including bicycle parking. The cycle strategy, transport system plan and parking strategy were key documents for moving around the city with carparking as a key component. The implementation of the parking plan over the next month would provide a car parking stipulation with the design of new roads.

· In response to a query about what TCC could provide as benefits for a developer and incentives to encourage good quality design in a private perspective, it was noted that this was being approached through Plan Change 33; and to ensure the assessment criteria had good outcomes on the ground, there would be a panel to provide feedback and a clear rule framework. It would lessen the risk, time and cost to developers if they remained within the framework; however, if they went outside of it, they would risk limited notification and a hearing process which would add time and cost.

Discussion points raised

· Congratulations to staff for getting to this stage with a thoughtful and considered process to take the plan change to consultation.

· There was a risk that there were significant areas with old infrastructure, and growth in those areas could occur.

· Commissioners requested to meet with staff prior to the closure of submissions to provide further input.

Resolution CO15/22/7

Moved: Commissioner Stephen Selwood

Seconded: Commissioner Shadrach Rolleston

That the Council:

(a) Adopts Plan Change 33 – Enabling Housing Supply for public notification, to implement the Intensification Planning Instrument required under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

(b) Authorises the General Manager: Strategy, Growth and Governance to arrange the public notification process in accordance with the provisions of section 95(2) of Part 6 of Schedule 1 to the Resource Management Act 1991.

(c) Delegates authority to the General Manager: Strategy, Growth and Governance to approve any minor and technical changes to the Proposed Text Amendments contained in Attachment 2 and Proposed Map Amendments contained in Attachment 3, as required prior to public notification.

(d) Endorses the non-statutory urban design guide (Residential Outcomes Framework) included as Appendix 9 to the section 32 report in Attachment 1 to this report for consultation.

Carried

11.6 Temporary Road Closures - Annual Events 2022 - 2023

Staff Lindsay Cave, Team Leader: Corridor Access & Temporary Traffic Management

Jenna Quay, Events Facilitation Manager

Resolution CO15/22/8

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Receives the amended report of Temporary Road Closures for Annual Events 2022-2023

(b) Pursuant to Clause 11(e) of the Tenth Schedule of the Local Government Act 1974, grants approval to close the roads and car parks listed on Attachment A to ordinary vehicular traffic on the dates and during the hours stated for the purposes of facilitating safe and successful operations during the following events in Tauranga.

Carried

12 Discussion of late items

As part of Public Excluded business.

13 Public excluded session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution CO15/22/9

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
13.1 - Public Excluded Minutes of the Council meeting held on 25 July 2022	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege s7(2)(h) - The withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities s7(2)(i) - The withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
13.2 - Appointment of hearings panel for Plan Change 33 - Enabling Housing Supply	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
13.3 - Infrastructure Funding and Financing Act Proposal for the Transport System Plan - Negotiation Update and Decision on Proceeding	s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(i) - The withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

The meeting closed at 1.18 pm.

The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 5 September 2022.

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

CHAIRPERSON

Ordinary Council meeting Agenda

5 September 2022

11 Business

11.1 Strategic framework and draft strategies - consultation feedback

File Number: A13384647

Author: Anne Payne, Principal Strategic Advisor

Nick Chester, Inclusive Cities Advisor

Rebecca Scott, Principal Strategic Advisor

Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance

Purpose of the Report

1. This report provides the submissions received during consultation on Council’s draft strategic framework and high-level content (Our Direction – Tauranga 2050), draft Tauranga Mataraunui Inclusive City Strategy, and draft Tauranga Taurikura Environment Strategy. The report also outlines proposed next steps for the strategic framework refresh project.

Recommendations

That the Council:

(a) Receives the Strategic framework and draft strategies – consultation feedback report, including the submissions contained in Attachment 1.

(b) Notes the initial recommended responses to the submissions.

(c) Approves the proposed next steps for the project, noting that all three consultation documents will remain in draft, enabling further engagement and amendment, until supporting Action & Investment Plans are completed in early 2023.

Executive Summary

2. The strategic framework refresh project has been underway since mid-2021. The project seeks to refresh and align Council’s strategies and plans within a comprehensive strategic framework. The aim of the project is to ensure Council’s strategic direction is clear and coherent, and to enable a clear line of sight between what Council is aiming to achieve for our communities, now and in the future, and our day-to-day operations.

3. On 27 June 2022 the draft strategic framework and high-level direction, summarised in Our Direction – Tauranga 2050, draft Tauranga Taurikura – Environment Strategy, and draft Tauranga Mataraunui – Inclusive City Strategy, were adopted by Council as drafts for consultation.

4. Consultation on the three draft documents was open for four weeks from 11 July to 5 August 2022, resulting in 16 submissions being received on one or more of the three documents. The submissions are provided as Attachment 1 to this report. Four submitters advised they wished to speak to their submissions. As the consultation process was for written submissions only, these four submitters were offered the opportunity to speak in the public forum of this Council meeting.

5. This report summarises the key points from the submissions and provides initial recommended responses for Council consideration. No decisions are sought on responses to the submission feedback today.

6. Proposed next steps for the project, including how Council will respond to the submission feedback, are outlined in this report. A key change to the intended process is the proposal to retain all three consultation documents in draft while the supporting Action & Investment Plans are developed. This is to enable the three consultation documents to be updated to be consistent with the developing Action & Investment Plans, taking into account this consultation feedback and feedback through engagement undertaken from now until Christmas 2022.

Background

7. The strategic framework refresh project aligns Council’s strategies and plans so that Council’s strategic direction – what we are aiming to achieve for our communities – is clearer and more understandable for our communities and for our own staff.

8. The project has run in parallel with the City Vision project to ensure that Council’s refreshed strategic framework incorporates and reflects the new Vision for Tauranga, which was endorsed for the city and adopted as Council’s Vision for Tauranga on 13 June 2022.

9. Our draft strategic framework is based around our five community outcomes (what we seek to achieve for our communities) and our three approaches (how we do everything), which taken together identify how and what Council contributes to help achieve the Vision for Tauranga.

10. The draft framework comprises our Vision, primary strategies (one for each community outcome), and a set of action and investment plans to deliver the strategies. This project will ensure all strategies and plans are current and can be used to identify the right projects and initiatives to drive into the Long-term Plan 2024-2034, and potentially into the 2023/24 Annual Plan. The project will also put in place monitoring, reporting and review processes, to ensure our streamlined suite of strategies and plans are implemented and remain current over time.

11. More detail on the background to this project is provided in the previous report to Council on 27 June 2022, agenda item 11.7, entitled ‘Draft Strategic Framework’.[1]

12. On 27 June 2022, Council approved the draft strategic framework and high-level content, summarised in Our Direction – Tauranga 2050, and also approved our two new draft strategies, Tauranga Mataraunui – Inclusive City Strategy 2022-2023 and Tauranga Taurikura – Environment Strategy 2022-2032.[2]

13. Public consultation on the three draft documents was run in conjunction over four weeks from 11 July to 5 August 2022.

14. This report provides the submissions received with recommended responses for all three documents, and outlines proposed next steps for the project.

Discussion – submissions and initial recommended responses

Summary of consultation

15. In total 16 submissions were received, eleven from individuals and five from the following organisations.

· BayTrust

· Creative Bay of Plenty

· Envirohub

· Socialink

· Sustainable Bay of Plenty

16. Out of the eleven individuals who submitted:

· Six identified as female and five as male

· Seven identified as New Zealand European, one as Māori and three did not choose an ethnicity

· Three individuals did not indicate their age and the remaining eight were aged 35 years and above

2. Four submitters advised they wished to speak to their submission. The engagement process sought community feedback but a formal hearings process was not intended. These four submitters have been offered an opportunity to speak in the public forum section of this Council meeting. These submitters are:

· Carole Gordon (submission 13)

· John Robson (submission 14)

· Sustainable Bay of Plenty – Glen Crowther (submission 15)

· Envirohub – Mary Dillon (submission 16).

17. All submissions can be read in full as Attachment 1 to this report.

General feedback themes on Our Direction – Tauranga 2050

18. Submitters were asked whether the strategic framework provided sufficient clarity about how Council’s strategies and actions fit together. Out of the 16 submitters, seven were generally in support of the framework, six did not support the framework in its current form and three did not answer the question.

19. Out of the those who were in general support, the focus on housing as a strategic priority and the inclusion of vibrancy in the vision, along with the emphasis on fostering creativity and innovation were specifically highlighted as valuable. However, there was a call for the focus at a vision level on creativity and vibrancy to be translated into strategic planning and delivery. There was also a request for Council to consider the overlaps between strategies, outcomes and actions carefully when delivering, to avoid a silo approach to planning and implementation, as well as desire for Council to consider equity when delivering, recognising that Tauranga’s diverse population does not all have the same opportunities and advantages. One submitter, although supportive of the overall concept of the framework, recommended substantial structural changes, including restructuring the wording of the vision, cutting the community outcomes down to four (from five), cutting the strategic priorities down from six to four, re-titling (and in some cases, re-visiting) the four primary strategies and considering a different translation for ‘Hoki whakamuri, haere whakamua’.

20. Out of those who did not support the strategic framework as it stands, there was a desire for less complexity and a greater focus on including actions, deliverables, targets and measures up-front. It was suggested that ‘Hoki whakamuri, haere whakamua’ is a poorly thought-out premise to base forward thinking on, and that it needs to be clearly explained as to how Council will manage the tensions between sustainability and growth, as these two factors are often in direct competition. One submitter also felt the Strategic Framework was an example of cultural appropriation and did not support the use of the Te Rangapū Mana Whenua o Tauranga Moana Partnership as a vehicle for engaging with Iwi and Hapū.

21. Targeted feedback focusing on specific actions rather than the overall framework is addressed in the following section.

Initial responses to feedback on Our Direction – Tauranga 2050

22. A range of feedback was received relating to the structure of the strategic framework and how effective it may or may not be. Key points made with initial responses include:

(a) Translating the Vision for Tauranga’s focus on creativity and vibrancy into strategic planning and delivery – to be included in Action & Investment Plans. We acknowledge the need to weave these elements across our planning and delivery because creativity and vibrancy aren’t specifically called out within our community outcomes.

(b) Request to carefully consider overlaps between strategies, outcomes and actions to avoid a silo approach to planning and implementation – a conscious effort is being made in this area. Our ‘kupenga’ (type of fishing net) concept being developed to depict our strategic framework helps in clearly showing that all aspects of our framework impact on each other. Managing the strategy refresh under one project is helping to recognise dependencies and overlaps, and to avoid a silo approach.

(c) Clearly explain how Council will manage tensions between sustainability and growth – this is addressed under the Tauranga Taurikura section below, but we note Council’s clear intention to explicitly articulate and address these tensions when they arise – project by project and plan by plan. The approach being taken is that there is no one answer to this tension, but that it needs to be recognised, articulated, debated and have decisions made on a case-by-case basis.

(d) Less complexity and structural change, including suggestions for a different vision, reducing to four from five our outcomes, reducing from six to four strategic priorities, and retitling and/or revisiting the four primary strategies – a fundamental principle of the project was to build on what we have where appropriate, and also to recognise the wide range of joint strategies Council is involved in that cannot be unilaterally updated. The framework structure is based on the existing five adopted community outcomes (and three Council approaches). It will necessarily change as the adopted community outcomes change over time, which is appropriate, but our current intention is to continue to use our adopted community outcomes as key elements for our framework. The six strategic priorities are the Commissioners’ clear direction to the organisation, and notice to our communities, on where the current focus for delivery is. These fall within our strategic framework and will, understandably, change over time.

(e) Greater focus on actions, deliverables, targets and measures up front – the levels in the framework signify increasing levels of detail as you move down the hierarchy, the primary strategies will contain clear measures and targets once completed, but will not include specific actions. The Action & Investment Plans will be streamlined documents that focus on how our primary strategies will be delivered, these are where actions, deliverables, targets and measures will reside.

(f) Council to consider equity when delivering, recognising that Tauranga’s diverse population doesn’t have the same opportunities and advantages – we will amend the wording within our documents to clarify what equity means and to communicate that our different backgrounds, level of resources and other factors mean that we do not all have equal opportunities. We will incorporate equity considerations in our Action & Investment Plans.

(g) Suggestion of a different translation for ‘Hoki whakamuri, haere whakamua’ (walking backwards into the future), and separately that this is a poorly thought-out premise to base forward thinking on – this is the concept that the Vision for Tauranga is founded in. It developed as part of the city vision work with input and support from Council’s Te Pou Takawaenga unit and Te Rangapū Mana Whenua o Tauranga Moana. No change is recommended at this stage.

(h) One submitter viewed the proposed strategic framework and use of Te Reo interpretations within the documents as cultural appropriation and did not support use of the Te Rangapū Mana Whenua o Tauranga Moana Partnership as a vehicle for engaging with local Iwi and Hapū – we will work with our Te Pou Takawaenga unit to explore these matters further with Tangata Whenua.

23. Targeted feedback, focusing on specific actions rather than the overall framework, is noted below along with initial responses:

(a) Support for the proposed museum – noted.

(b) Request for better playgrounds for very young children (1-2 years) – to be included in Action & Investment Plans.

(c) More reference to children in the strategic framework – to be included in updated Our Direction – 2050 and other strategy and Action & Investment Plan documents.

(d) More pedestrian crossings near schools, to make it safer for children to walk to and from school – to be included in Action & Investment Plans.

Feedback and initial responses for Draft Tauranga Mataraunui - Inclusive City Strategy 2022-2032

24. There was a general level of support for this strategy and much of the feedback provided is consistent with feedback on the Our Direction – Tauranga 2050 document.

25. Most of the feedback related to suggested changes to wording in the strategy. Concepts such as equity, diversity, inclusion, and vibrancy can mean different things to different people, and there was a desire for these concepts to be more clearly explained and highlighted in the strategy. Where possible, the requests for changes to wording, or for more comprehensive explanation of terms, will be implemented through improved drafting of the strategy. Equity was raised by more than one submitter and, as noted in the previous section, amendments will be made to clarify what this term means and to communicate that our different backgrounds, level of resources and other factors mean that we do not all have equal opportunities.

26. The following list outlines key feedback and initial responses.

(a) Give more consideration to children and youth – this will be addressed in Action and Investment Plans.

(b) Remove the use of the word ‘beliefs’, as this can be divisive – strategy to be amended.

(c) Better explanation regarding the meaning of diversity and inclusion, and what this looks like for our communities – strategy to be amended to address this more clearly.

(d) Include information about the city’s population, how it is ageing and the diversity of older people – strategy to be amended to include this.

(e) The strategy should be renamed as a ‘Liveable City Strategy’ – no change to the name of the strategy, but this concept could be referred to in the strategy document.

(f) Wellbeing should be the primary goal of the strategy – this is already the intent of the strategy and can be made clearer through changes to strategy wording.

(g) Include a standalone Elder Friendly Action and Investment Plan – the needs of older people are being considered as part of each Action & Investment Plan, particularly the Accessible Tauranga Action & Investment Plan. This approach is being taken for all sectors of our communities, such as young people and people with disabilities.

(h) Council should introduce a social procurement approach – to be considered outside of this strategy.

(i) The strategy is too Council focused and ‘top-down’, how does this reflect ‘Tauranga – together we can’ – strategy to be amended to address this more clearly.

(j) Inclusive is too broad a term – no change to be made.

Feedback and initial responses Draft Tauranga Taurikura - Environment Strategy 2022-2032

27. Overall, there was support for this strategy and recognition that it fills an existing gap in Council’s strategy portfolio.

28. Again, some submitters wanted to see more focus on actions and measures in the strategy. These will be addressed in the relevant Action and Investment Plans which will allow for better considered and more meaningful measures that relate directly to the work Council will be doing. The Climate Action and Investment Plan will directly address emission targets, an issue raised by more than one submitter.

29. The tension between sustainability and growth was also raised. This is a challenge for Council across all portfolios and strategies, and not solely confined to ‘Tauranga Taurikura – Environment Strategy’, and this tension is exacerbated by central government policy settings which oppose each other. This tension will continue to be addressed through the implementation of Council’s approach to sustainability, which will challenge Council to consider sustainability issues across all aspects of planning and delivery.

30. Council was also challenged on its intent to develop a Council-led environmental education facility, as there are a number of community groups already working in this space. This point in the strategy will be reworded to clarify that the Council facility will be part of the Te Maunga redevelopment project and have a specific focus on waste and water resources, rather than being a replica of work occurring elsewhere.

31. Other specific feedback and initial responses are listed below.

(a) More bike and scooter racks – referred to the operational area of Council.

(b) More cycleways and walkways, and better connections between these – Some are already provided for in the Tauranga Systems Plan (under the Moving Around Easily community outcome, and Connected Centres Programme – transport and movement focus), but will also be further considered through other Action and Investment Plans.

(d) More open space – to be considered in Action and Investment Plans.

(e) More public walks and a large public garden (like Hamilton’s) – to be considered in Action and Investment Plans.

(f) Carbon-offsetting opportunities, including blue-green opportunities such as planting of sea-grass – to be considered in Action and Investment Plans.

Discussion – proposed next steps

32. Our original plan was that at this meeting Council would receive updated drafts of Our Direction – Tauranga 2050, Tauranga Taurikura – Environment Strategy 2022-2032, and Tauranga Mataraunui – Inclusive City Strategy 2022-2032 to consider for adoption as final documents, with the goals approved ‘in principle’ until supporting Action & Investment Plans are completed in February – March 2023.

33. We now propose to retain all three documents as adopted drafts until early 2023, at which time we will provide all updated strategies and plans to Council for adoption as a comprehensive package. This provides more clarity on our intention to continue engaging on and updating these documents while developing the Action & Investment Plans that will deliver on them.

34. Under the revised proposal, next steps for the remainder of the project would be as follows:

(a) Develop or update 12 Action & Investment Plans, referenced in the table below. For simplicity the plans are grouped by the community outcome each primarily contributes to, in reality most plans contribute to more than one community outcome.

Primary Community Outcome	Action & Investment Plan (A&IP)
Inclusive city	Accessible Tauranga A&IP	Includes but not limited to a review of, and incorporation of key content from, the Age-Friendly Strategy (2013) and the Disability Strategy (2013).
	Safe Communities A&IP	Includes a review of, and incorporation of key content from, City Safety Action Plan (2018) and the Tauranga/Western BoP Safe Communities Plan (both joint plans).
	Toi Moana Arts & Culture Strategy (joint)	Review and update of existing strategy with partners.
Environment	Climate A&IP	New. Addresses both climate mitigation and adaptation. City-wide and council-specific foci.
Environment	Nature and Biodiversity A&IP	Includes a review of, and incorporation of key content from, the Vegetation Management Strategy – Growing Tauranga Green (2006).
Well-planned city	Our Public Places Strategic Plan	Provides the over-arching principles and goals for a number of related Action & Investment Plans. Draws on and refreshes high-level work from the Open Space Strategy (2012), the Aquatic Network Strategy (2012), the Our Community Places Strategy (2008) and the Sport & Active Living Strategy (2006).
	Active Recreation and Play A&IP	Will include relevant content from the four strategies listed under the Our Public Places Strategic Plan item above (and draft Marine Facilities Framework (2022).
	Neighbourhood Reserves A&IP
	Marine Facilities A&IP
	Urban Design A&IP	Includes a review of, and incorporation of key content from, the Urban Design Strategy (2006). Scheduled to start in late 2022.
	Water Sustainability Strategy for WBOP sub-region 2010 (joint plan, BOPRC-led process)	BOPRC review underway, likely to incorporate TCC’s draft Water Supply Strategy 2021-2051 and draft Wastewater Network Strategy 2021-2051. (NB: potential 3-Waters’ impact.)
	Mount Spatial Plan	New. Early planning has commenced, scheduled for project scoping Oct/Nov 2022.

(b) From now through to Christmas, we will engage informally as widely as possible with any interested parties and communities of interest on the Action & Investment Plans.

(i) We are taking an overarching communications and engagement approach for development of these plans and aim to ‘bundle’ our engagement according to communities’ areas of interest. Our primary community outcomes seem, at this early stage, to provide some practical ‘bundling’ options but this is still a work in progress.

(ii) As a first step, we have asked a range of groups, organisations and individuals who have been involved in the project to date whether they want to be involved in developing these plans – including options for levels of involvement and signals on which plans are of interest. On 16 August, Te Rangapū Mana Whenua o Tauranga Moana provided initial guidance on how they wish to be involved.

(c) Formal processes for consultation and adoption of the TCC-led Action & Investment Plans will start in early 2023 (except for the Urban Design Action & Investment Plan and the Mount Spatial Plan, which won’t get underway until late 2022). We are still developing the timeframes for the formal processes, which are also dependent on results from the pre-Christmas engagement, but initial thinking is:

(i) February 2023 – draft Action & Investment Plans, along with proposed amendments to draft strategies and Our Direction, received by the Strategy, Finance and Risk Committee to adopt as drafts for consultation.

(ii) March 2023 – four weeks’ consultation on all draft Action & Investment Plans, updated draft strategies, and Our Direction documents.

(iii) April 2023 – submissions received by the Committee or Council, followed by hearings and deliberations.

(iv) Final updates and recommendations prepared, including any amendments flowing through to the two draft strategies and Our Direction document.

(v) May-June 2023 – Council to receive recommended final drafts of all strategy and plan documents, to adopt as Council’s comprehensive strategic framework.

(d) Throughout this time, work will continue on developing and implementing:

(i) The kupenga concept for Council’s strategic framework, which tells the story of how the framework fits together and reinforces everyone’s role in delivering on the Vision for Tauranga.

(ii) Council’s approaches to working beyond Tauranga, sustainability, and Te Ao Māori (in partnership with Te Rangapū Mana Whenua o Tauranga Moana).

(iii) The web pages that will house Council’s strategic framework and its updated strategies and plans.

(iv) The governance, monitoring, reporting and review processes required to ensure the refreshed strategies and plans are implemented and stay current over time.

35. While the Action & Investment Plans will not be fully complete until mid-2023, projects and initiatives emerging will be incorporated into the 2023/24 Annual Plan where appropriate.

Strategic / Statutory Context

36. The strategic framework project is a process (alongside the development of a vision for Tauranga) to align all of Council’s strategies and plans.

37. The framework will provide a clear line of sight between the Vision for Tauranga, Council’s community outcomes and the ‘what and how’ of Tauranga City Council delivering on its commitments. The framework process will also allow Council to identify any gaps in its strategies and plans, enabling these gaps to be acknowledged and addressed.

38. The two draft strategies included in this paper will form key elements of the proposed strategic framework. The strategies are being developed through separate workstreams under the umbrella of the strategic framework project.

Financial Considerations

39. The costs of engagement and consultation processes have been anticipated within the wider strategic framework project budget. The potential costs of implementing the strategies and plans will be addressed at a project level in the action and investment plans, and during development of subsequent long-term plans and annual plans.

Legal Implications / Risks

40. Potential legal implications relate primarily to meeting the Local Government Act 2022 significance and engagement requirements for public consultation. These implications have been carefully considered and mitigated, as outlined in the Consultation section of this report.

41. Risks associated with the project have been considered during planning and implementation of the workstreams for each ‘strand’ of the framework.

42. A key risk to delivery of the project within targeted timeframes continues to be potential Covid-19 impacts on staff, consultants, and key stakeholders for the project. While we continue to manage around the people impacts from Covid-19 as far as possible, our reality is that if key people are impacted at critical times, some timeframes may need to move as a result. At this stage no major targets have been missed for this reason, but this risk will remain for the duration of the project.

Consultation / Engagement

43. This report provides Council with the 16 submissions received during consultation on the three draft strategic documents that are the subject of this report, along with staff recommended responses to the submissions, and an outline of next steps for the project.

44. As outlined in the discussion section of this report (‘proposed next steps’), Our Direction – Tauranga 2050 and the two strategies are proposed to be retained in draft until supporting Action & Investment Plans have been developed in early 2023. All new or updated strategic documents, strategies and plans, will then be adopted as a comprehensive suite in early-mid 2023. This will ensure consistency throughout the framework and the timing will enable the content to inform the upcoming Long-term plan and annual plan processes.

45. In this way, consultation feedback received will help inform the final strategies and the Action & Investment Plans that support them. During this period, staff will also continue to work with groups, organisations and individuals that have expressed an interest in this work, including our Tangata Whenua partners through Te Rangapū Mana Whenua o Tauranga Moana, to develop the more detailed Action & Investment Plans, and to update Our Direction – Tauranga 2050 and the two draft strategies accordingly.

Significance

46. 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.

47. 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.

48. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter of public submissions on Council’s draft strategic framework and two new draft strategies is of high significance. However, the decisions to receive the submissions and recommended responses, and to retain all three documents in draft until subsidiary Action and Investment Plans are completed in early 2023, are considered to be of low/medium significance.

ENGAGEMENT

49. Taking into consideration the above assessment, that the decisions sought within this report are considered to be of low/medium significance, staff are of the opinion that the nature of this project requires our communities’ involvement as outlined in this report.

50. There has been considerable engagement with our communities in recent years, which has informed Council’s strategic framework, summary of strategic direction and two new draft strategies, as referenced in earlier reports to Council. Further involvement with both the general community and key stakeholders is outlined in the discussion (proposed next steps) and in the consultation / engagement sections of this report.

Next Steps

51. Next steps are as outlined in the Discussion (‘Proposed Next Steps’) section of this report.

Attachments

1. Submissions 1-16 to Strategic Framework Consultation 2022 - A13881867 ⇩

11.2 Tauranga Moana Waterfront Plan

File Number: A13865250

Author: Sarah Stewart, Principal Strategic Advisor

Malcolm Smith, Senior Project Manager: Civic Redevelopment Projects

Mike Naude, Director of Civic Developments

Authoriser: Gareth Wallis, General Manager: City Development & Partnerships

Purpose of the Report

1. This report presents the Tauranga Moana Waterfront Plan for adoption.

Recommendations

That the Council:

(a) Receives the report "Tauranga Moana Waterfront Plan".

(b) Adopts the Tauranga Moana Waterfront Plan (Attachment A) to guide the development of the city centre waterfront.

Background

2. As set out in Tauranga City Council’s City Centre Action and Investment Plan (2022), our city centre’s origins lie in the celebrated relationship between whenua and moana. It is one of the distinguishing characteristics of our city centre, one we must continue to celebrate and evolve to achieve the city centre’s full potential.

3. Existing amenities such as the tidal steps, bombing platform, waterfront playground, green space, events, and bars and restaurants on The Strand already draw people to the area. We aim to build on this to create a destination waterfront that is diverse, easy to access, and is uniquely Tauranga.

4. Through a combination of high-quality design, enhanced connections with the water, events space, and a mix of commercial and recreational facilities, our waterfront will become a uniquely Tauranga attraction. This will in turn support and attract business and investment in the wider city centre. The transformation of the waterfront will build upon the stories of the past, to pave the way towards a future that enhances the culture and identity of our city.

5. To help achieve this, the Tauranga Moana Waterfront Plan (Waterfront Plan) provides a comprehensive conceptual layout to guide future development along the city centre’s waterfront from Dive Crescent to Tunks Reserve, including Masonic Park.

6. The Waterfront Plan is not new and has been considered in various forms for over the last twenty years. To ensure alignment with Te Manawataki o Te Papa (Civic Precinct development), the City Centre Action and Investment Plan (2022), and the Draft Marine Facilities Framework, the Waterfront Plan has been consulted on with mana whenua and key stakeholders, and subsequently refreshed.

Strategic Context

7. Tauranga City Council’s Strategic Framework provides a framework of strategies, and action and investment plans to support the implementation of the vision for Tauranga, and associated Long-term Plan community outcomes.

8. The Waterfront Plan sits under the ‘Tauranga Tātaitia rā – we are a well-planned city’ – community outcome and weaves through aspects of sustainability, te ao Māori, and how we contribute to the region. There are also strong links to the City Centre Action and Investment Plan (2022) and the marine facilities work that is underway. Together, these two workstreams provide the primary strategic context for the Waterfront Plan.

City Centre Action and Investment Plan (2022)

9. The newly adopted City Centre Action and Investment Plan (August 2022) is the guiding document for the city centre.

10. The Waterfront Plan contributes to the six strategic outcomes contained within the City Centre Action and Investment Plan, in particular ‘a waterfront city centre’:

(i) A city centre for people, a great place to live, work, learn and play, that prioritises people at its heart.

(ii) An accessible city centre, that supports walking, cycling, micro-mobility and public transport for all ages and abilities.

(iii) A waterfront city centre, where high-quality, vibrant spaces connect people with the moana.

(iv) A city centre with identity and culture, that represents our culture and heritage, and enhances our sense of place.

(v) An engaging city centre, that is vibrant and inclusive, with exciting things to do for people of all ages, stages and abilities.

(vi) A city centre in nature, that embraces its natural environment, integrating with waterways and open space.

11. The Waterfront Plan also provides detailed planning for creating a sense of identity and purpose for the ‘Waterfront and Taumata Kahawai Precinct’ as identified in the City Centre Action and Investment Plan.

Marine Facilities Framework

12. A Draft Marine Facilities Framework has recently been developed by Council in collaboration with key stakeholders. This will be used as a foundation document for the development of a Marine Facilities Action and Investment Plan.

13. Once developed, the Marine Facilities Action and Investment Plan will provide a guide for decision making, integrated planning, and investment across all Council’s marine facilities (including boat ramps, wharves, jetties and pontoons, and ancillary land-based infrastructure such as parking), ensuring that everyone can experience our city’s waterfront safely and enjoy the marine environment, which is a key part of Tauranga’s culture and lifestyle.

14. The Marine Facilities Action and Investment Plan will be supported by a series of planning documents, similar to the Waterfront Plan, for areas of high demand (for example, Sulphur Point and Pilot Bay).

15. Strategic alignment with the marine facilities work is important as the Waterfront Plan contains a number of city centre marine facilities, for example, wharves and pontoons for both commercial and recreational use.

Links to other action and investment plans

16. Once complete, the Events Action and Investment Plan, and the Nature and Biodiversity Action and Investment Plan will also link with the Waterfront Plan.

tauranga Moana waterfront plan – refreshed

17. The overall purpose of the Waterfront Plan is to reconnect and amplify the city centre’s connection to the harbour through the transformation of the waterfront into a premier recreational destination. To create a waterfront parkland, the plan incorporates a mix of recreational, community and commercial activities that celebrate the water’s edge as a focal point for waterfront activities.

18. To ensure we create a waterfront city centre where high quality vibrant spaces connect people with the moana, consideration was given to land use, movement, public realm, commercial opportunities, and civic facilities during the refresh process. Comprehensive consideration was also given to previous, existing, and planned work in the city centre.

19. The resulting Waterfront Plan provides a roadmap for the next 10 years for the development of the waterfront in the city centre. It brings together a programme of work that supports the instrumental transformation taking place in our city centre.

Four cultural pillars provide the foundation for the Waterfront Plan

20. Our city’s waterfront is a place of cultural significance for past, present, and future generations, particularly for mana whenua of Tauranga Moana. Originally part of the central kāinga (village) of early Tauranga, the waterfront attracted people as a natural landing for waka, for trade, for gathering, for discussion, and for interactions.

21. Four cultural pillars inform and guide the plan. These have been developed with mana whenua representatives of the Cultural Advisory Group for Te Manawataki o Te Papa (Civic Precinct) project:

Te Papa Houkura	Fertile, thriving natural environment. Sustaining the people. Responsibility to care for the people and the environment.
Te Papa Manawa Whenua	Life giving water – connecting land to Sea. A wellspring of wellbeing.
Te Papa o Ngā Waka	Navigation and wayfinding – interface of many iwi and cultures. Networking, trade and commerce.
Te Papa Kainga o Te Iwi	Ahikaaora long burning fires of occupation. Resilience, shelter, refuge, housing the community. Manaaki tangata, hosting the many visitors.

22. The transformation of the waterfront will build upon the stories of the past, including the colonial, maritime and industrial history, which has underpinned the development of Tauranga central over time. Māori cultural heritage elements will include a new pou, wharewaka, and interpretation centre on the water’s edge in recognition of the landing space.

Key design features

23. Key design principles used in the creation of the Waterfront Plan are summarised below. These are the core elements interwoven and implemented throughout the plan, used to ensure we reconnect and amplify the city centre’s connection to the harbour. Table 1 outlines the key design principles and how they aim to be implemented through key actions.

Table 1: Summary of key design principles

Key design principle	Description and key actions
Reconnect	Seeks to return the cultural and heritage stories and connections to the waterfront: · Elevate the elements that reconcile, interpret and assert these connections to the waterfront. · Mana whenua narratives, values and practices are embedded. · Establish a new destination, focal point for the community.
Repair	This will involve making significant improvements to the ecological and environmental outcomes of the waterfront: · Upgrade the existing sea wall to create a resilient, living interface between land and sea. · Remove existing parking and vehicle circulation which visually dominants the waterfront. · Increased planting that supports ecology, diversity, and resilience.
Repurpose	Making new experiences in existing public spaces and buildings through rethinking and reimagining activities that will strengthen the purpose of the waterfront: · Create new space and experiences along the water’s edge. · New opportunities to access and engage with the water and surrounding landscape. · New land and water based recreational activities.
Renature	New approaches to planting, gardens, and the urban ngahere that will help to significantly regreen and renature the waterfront, which is currently over 50 percent hard paved or roofed: · Integrate water sensitive urban design measures to improve water quality. · Sea wall enhancement to improve marine and terrestrial ecologies and biodiversity. · More planting for shade, shelter and resilience that restore indigenous and coastal ecologies.
Regenerate	New activities, experiences and opportunities to access, occupy and engage with the city centre: · Improved access to and from the waterfront. · New activities that attract both locals and visitors. · Wide range of events and activities that support town centre activation, business and investment.

Three distinct areas within the Waterfront Plan

24. One of the important aspects of the refreshed Waterfront Plan is the identification of three distinct areas (refer Figure 1). Each area has a primary purpose that will minimise conflicting use and demands (refer Table 2), and therefore help to keep everyone safe as they enjoy the city centre’s waterfront and all it has to offer.

Ordinary Council meeting Agenda

5 September 2022

Table 2: Three distinct areas identified within the Waterfront Plan

Area	Description	Purpose
1	Taumata Kahawai / Dive Crescent (Waterfront North)	Commercial and recreation area that celebrates cultural heritage.
2	Central Waterfront including Masonic Park (Central Waterfront)	Key attractions and recreation, linking to Te Manawataki o Te Papa. Strong physical links to the water.
3	Southern Gateway / Hononga ki te Awanui (Stage 1)	Gateway to the city, creating waterfront linkages, access to Memorial Park and increased recreation.

25. Implementation of the Waterfront Plan will require contributions from a wide range of partners, organisations, and individuals to ensure a ‘joined-up’ approach is achieved.

Options Analysis

26. The option analysis below considers the adoption of the Waterfront Plan.

Option 1 (RECOMMENDED)

27. Council adopts the Tauranga Moana Waterfront Plan.

28. Key risk: Insufficient funding available to achieve the concept and projects identified within the Waterfront Plan.

Advantages

Disadvantages

· Creation of a destination waterfront that attracts residents and visitors.

· Provision of improved amenities that encourage all to experience and enjoy the city centre waterfront.

· Celebration of cultural heritage and identity.

· Provision of fit-for-purpose event spaces.

· An integrated plan that takes into account competing uses and demands (including cultural, environmental and commercial) to ensure safety on our city’s waterfront.

· Alignment with Te Manawataki o Te Papa to ensure improved connections from our city centre to the moana.

· May cause disruption to the waterfront during construction phase.

· Cost to ratepayers.

Option 2 (NOT RECOMMENDED)

29. Council does not adopt the Tauranga Moana Waterfront Plan.

30. Key risk: Lack of integrated planning on the waterfront leading to increased conflicting use and demands, and potential health and safety concerns.

Advantages

Disadvantages

· No disruption to waterfront activities.

· Less cost to ratepayers.

· Lack of alignment with Te Manawataki o Te Papa.

· Less likely to realise the strategic outcome of ‘A waterfront city centre’, as outlined in the City Centre Action and Investment Plan (2022).

Financial Considerations

31. The Long-term Plan Amendment 2021-2031 (LTP) and Annual Plan 2022/23 has $84.1 million allocated for the development of the city centre waterfront. Table 3 provides a breakdown of projects already funded through the LTP, or the Annual Plan, for each of the three distinct areas and for Masonic Park.

Table 3: Waterfront projects with allocated funding through the LTP or Annual Plan.

Taumata Kahawai / Dive Crescent (Waterfront North)	Dive Crescent carpark upgrade	$1.45m
	Cargo Shed upgrade and fit-out	$0.75m
	Beacon Wharf upgrade	$2.6m
	Sub-total	$4.8m
Central Waterfront	Strand waterfront reserve	$7.5m
	Waterfront playground	$12.0m
	Wharf as part of Waterfront Reserve	$25.4m
	Sub-total	$44.9
Masonic Park Upgrade	Sub-total	$10.9m
Southern Gateway / Hononga ki te Awanui (Stage 1)	Memorial Park to City Centre pathway	$19.1m
	Tunks Reserve and access upgrade	$4.4m
	Sub-total	$23.5m
TOTAL		$84.1m

32. There are many projects itemised in the attached Waterfront Plan that are currently unbudgeted for, for example, new park pavilion with toilets, living seawall upgrade, and new pontoons. Given that these projects are yet to be costed, it is difficult to quantify additional costs to fully deliver all projects contained within the Waterfront Plan.

33. Next steps will be to develop costings and associated funding requirements for projects that are not currently budgeted for, and to identify external sources of funding that may be able to contribute to the overall development costs. A further report with detail around estimated costs for these unbudgeted projects will be reported to Council as part of the next annual planning and/or long term planning processes.

Legal Implications / Risks

34. The implementation of the Waterfront Plan relies on stakeholders, key city partners, and the community to support the transformation of the waterfront through project execution. Ensuring we all work together is key to the ongoing success and revitalisation of our city’s waterfront.

35. Certain areas of our waterfront are zoned according to the Bay of Plenty Regional Council’s Regional Coastal and Environment Plan, which promotes sustainable management of the natural and physical resources of the Bay of Plenty’s coastal environment. The city centre waterfront falls within the Habour Development Zone. It will be important to continue to work closely on waterfront projects with our Regional Council partners.

36. Legal implications and risks for individual projects will be identified through the detailed project planning phases, and as projects are implemented. These will be regularly reported to the Waterfront and Public Realm Steering Group.

Consultation / Engagement

37. As discussed above, the Waterfront Plan is not a new document and has been refreshed to ensure alignment with current thinking and plans. Significant consultation and engagement with key stakeholders was undertaken throughout the refresh process to ensure alignment and integrated planning across organisations. Key stakeholders included mana whenua representatives, Bay of Plenty Regional Council, Vessel Works, Kiwi Rail, and relevant consultants, including Landlab, Stantec and Boffa Miskell. A Design Reference Group also met regularly to consider and review design details, and to provide feedback from the groups that they represent.

38. Consultation with the community has occurred for several of the waterfront projects throughout Council’s Long-term Plan Amendment 2021-31, and annual planning processes.

39. As discussed above, the Cultural Advisory Group for Te Manawataki o Te Papa has been actively involved in the Waterfront Plan development. In addition, the Cultural Advisory Group and Otamataha Trust have been fully engaged in specific culturally significant waterfront projects, including the Wharewaka, Dive Crescent carpark, the Cargo Shed upgrade and Tunks Reserve.

Significance

40. 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.

41. 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 wellbeing of the district or region.

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

42. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the decision is of low significance. The project team acknowledge the issue of the future of the city centre’s waterfront is of high significance. However, the decision proposed in this report is of low significance due to the project being a refresh of previous strategic work; some projects having already been consulted on and funded through the LTP Amendment and annual planning processes; and the significant engagement and input that has occurred through past workstreams and community engagement.

43. Taking into consideration the above assessment, that the decision is of low significance, that considerable engagement has occurred with key stakeholders and been incorporated through the development of the Waterfront Plan, and that further consultation will occur on a project-by-project basis, officers are of the opinion that no further engagement is required prior to Council making a decision on whether or not to adopt the Waterfront Plan.

44. In the future, it may be considered appropriate to consult on the inclusion of currently unbudgeted items that are contained within the Waterfront Plan, likely as part of the annual planning and/or long term planning processes.

Next Steps

45. Ongoing implementation of the Waterfront Plan will be coordinated and monitored by the Civic Development and Partnerships Team, in delivery partnership with other council teams, partners the Bay of Plenty Regional Council, and other key stakeholders.

46. Implementation of some projects have already commenced (for example, the Cargo Shed refurbishment), or will commence shortly (for example, the Dive Crescent carpark), and will be supported by the adoption of the Waterfront Plan.

47. Partnerships with mana whenua, the community, and key stakeholders, particularly the Bay of Plenty Regional Council, will be essential to achieving the objectives of the Waterfront Plan. We will continue to engage with our partners and the community on the actions as they are planned, initiated, and delivered.

48. Project costs and associated funding requirements for unbudgeted projects contained within the Waterfront Plan will be developed. Unbudgeted projects will feed into the next annual planning and/or long term planning processes.

Attachments

1. 2022 08 30 Tauranga Moana Waterfront Plan - LandLab - A13883615 ⇩

Ordinary Council meeting Agenda

5 September 2022

11.3 2nd Links Avenue Trial Update

File Number: A13612015

Author: Andy Vuong, Programme Manager - Cycle Plan Implementation

Stuart Goodman, Team Leader: Regulation Monitoring

Brendan Bisley, Director of Transport

Authoriser: Nic Johansson, General Manager: Infrastructure

Purpose of the Report

1. The purpose of this report is to provide an update on the data collected and community feedback related to the 2^nd Links Ave trial

Recommendations

That the Council:

(a) Receives the report, 2nd Links Avenue Trial Update.

(b) Resolves that the current trial remains in place until the Community Panel comes to Council with their recommendations on a solution that can be implemented which achieves agreed outcomes to ensure the street remains safe.

Executive Summary

2. A second trial of a cul-de-sac on Links Avenue has been on-going since March 28, 2022. The main purpose of this trial was to test a cul-de-sac at Concord Avenue as this was the preferred location identified from resident feedback after the first trial.

3. In addition to the change in cul-de-sac location, this trial differed from the previous 5-week trial held at the end of 2021 in the following ways:

(a) a duration of at least 4 months to provide more data on travel time impacts and to allow more opportunities for people to change behaviours or use alternative routes.

(b) a reseal and new road layout for the entire length of Links Avenue which removed the Northbound bus clearway and reintroduces a 2-meter buffer zone of either cycleway, shoulder, or resident parking from the two live traffic lanes.

(c) a reduction of the speed limit along the entire length of Links Avenue to 30 km/h, implementation of new speed humps, and give way priority of the Spur Ave/Links Ave intersection

(d) enforcement of unauthorised use of the cul-de-sac with standard $150 bus lane infringements per violation.

4. The effect of changes made during this trial have produced a larger decrease in traffic volume on Links Avenue and travel times on the two routes monitored have improved (AM peak) or negligibly increased (PM peak) compared to data collected during Trial 1.

5. Much of that effect can be tied to the strong enforcement of the cul-de-sac via $150 bus lane infringements. This substantially reduced unauthorised use of the cul-de-sac but caused a high level of negative feedback to the practice from the public.

6. Other community feedback from this trial was largely similar to the first trial:

(a) safety for people walking or biking on Links Avenue had improved

(b) Links Avenue was a more pleasant street environment from the reduced traffic volume

(c) The lack of through access on Links Avenue was very inconvenient – particularly for directly affected residents wanting to access Bayfair shopping centre or points east.

Background

7. Council was approached by concerned residents about the safety of the layout on Links Avenue since a bus lane was installed approximately 3 years ago and the impact on the proximity of the traffic lanes to the shared path.

8. The bus lane was installed to improve reliability for the bus services as they were significantly impacted by the increasing traffic volumes using Links Avenue after the B2B project started construction.

9. Traffic volumes have tripled on Links Avenue in the three years and have gone from 2-2500 vehicles per day (vpd) to 7-7,500vpd in Oct 2021. Volumes had increased by 2,000vpd in the 12 months up to October 2021, so if that growth rate continued the anticipated volumes could be 9,000vpd by the end of 2022.

10. An initial trial of a bus lane cul-de-sac was conducted for 5 weeks at the end of 2021. The cul-de-sac was placed at the Links Avenue/Ascot Ave (North) intersection. Due to the short time period of the trial, no enforcement for unauthorised use of the bus lanes took place.

11. The trial resulted in a reduction of traffic volume on Links Avenue of between 45% - 60%. A survey was sent out to residents with a improvement to safety for those biking and a more pleasant street environment noted.

12. There was strong feedback about the lack of access of residents to Golf Rd., and the preference should a cul-de-sac need to remain was for the location be moved to the Concord Ave end of the street.

cul-de-sac SETUP and exemptions

13. The temporary cul-de-sac on Links Avenue is comprised of two bus lanes from Solway Place to Concord Avenue. All legally required signage and pavement markings were installed, and additional signs were added on every approach to Links Avenue to provide drivers additional warning of the new restrictions.

14. Per legislation, bus lanes may be used by buses, bicycles, and motorbikes. All other vehicles, if traveling more than 50 meters in a bus lane, are unauthorised and subject to a $150 fine per violation.

15. For this trial, the following additional categories of vehicles were added to the authorised list to use the bus lanes:

(a) emergency service vehicles

(b) marked delivery vehicles (making deliveries to directly affected residents),

(d) marked taxi vehicles

16. Individual exemptions were also considered based on the following main criteria:

(a) providing medical care/support services to directly affected residents

(b) needing emergency access (in an unmarked vehicle)

(d) residing in a household within the cul-de-sac

(e) providing passenger transport or delivery services (i.e Uber, UberEats, etc) to directly affected residents

17. As of July 30, approximately 250 exemptions have been granted. The top 3 categories for exemption are cul-de-sac resident, providing medical/support services to residents, and physical work in the area.

cul-de-sac enforcement analysis

18. A two-week grace period was provided at the beginning of the trial for unauthorised use of the cul-de-sac. Approximately 8500 warnings were sent to drivers during this period.

19. Starting in Week 3, a $150 bus lane infringement was issued for unauthorised use of the cul-de-sac. As of July 31, a total of 17,222 infringements had been issued. The status of those infringements is:

(a) Paid or on a payment plan – 5695 (33%)

(b) Waived – 4389 (25%)

(d) Current / awaiting payment – 5946 (34%)

20. Other key findings from analysing infringement data include:

(a) infringements are down by about 70% from the initial start of the infringement period. This amount (~120/day) likely represents a steady-state amount of non-compliance.

(b) unauthorised use of the bus lanes occurred most between Tuesday – Thursday, which Sunday being the day with the least infringements issued.

21. Detailed charts and data on infringements can be found on slides 15-18 of the attached presentation.

Traffic VOLUme/ vehicle counts analysis

22. Traffic counts were conducted during two separate weeks during the trial.

(a) Week 1 – Links Ave and Concord Ave

(b) Week 18 – Links Ave, Concord Ave, Oceanbeach Rd, and Golf Rd.

23. A greater reduction in traffic volume was observed during this trial as compared to the first trial. Covid-19 and general seasonality may have had a small effect on traffic volume, but it’s more likely strong enforcement and general awareness of the restrictions was the main cause for the additional volume reductions.

24. Use of the cul-de-sac has reduced by 80% since the beginning of the trial. 65% of those reductions occurred within the first 5 weeks of the trial. Typical volumes in the cul-de-sac are now between 325 – 375 per day.

travel time analysis

25. The same method for monitoring travel time impacts during Trial 1 was used for this trial:

(a) Two route segments monitored 24/7 using anonymous bluetooth tracking technology

(b) Data collected a week prior to the first trial (Nov 2021) was used to establish a baseline, and travel times in both directions of each route were collected each day.

(c) Within each AM and PM commute time window, the peak 60 minutes with the longest commute times were aggregated daily and averaged by week to identify the largest time delays and reduce uncommon or non-recurring events such as an accident.

26. The PM commute (City/Mount towards Papamoa) continues to be more impacted from the cul-de-sac then the AM commute.

(a) Route R2 travel times averaged an increase of 2.3 minutes over the baseline. This was a smaller increase in travel times by 0.8 minutes compared to trial 1.

(b) Route R1 travel times averaged an increase of 0.7 minutes over the baseline. This was a smaller increase in travel times by 1.6 minutes compared to trial 1.

(c) The two-week closure of Grenada St. caused travel times to spike on both routes. If those were removed from the average, the travel time impacts would be even less.

27. The AM commute saw improvements to travel times when compared to trial 1 and the baseline measurements

(a) Route R2 travel times averaged a decrease of 3.8 minutes over the baseline.

(b) Route R1 travel times averaged a decrease of 4.1 minutes over the baseline.

28. Detailed charts and data on travel times of each route can be found on slides 9-13 of the attached presentation.

COMMUNIty Feedback

29. Prior to people receiving infringements, feedback on the trial was less frequent and negative than during trial 1. The main themes of the feedback were:

(a) approval of the new layout (removal of the bus lane) and re-introduction of shoulder/buffer spaces from the live traffic lanes which improved the safety of those walking and biking.

(b) frustration from the restrictions imposed by the cul-de-sac at Concord Ave. This was particularly the case for directly affected residents trying to access Bayfair or destinations further east

(d) frustrations from residents who were witnessing unauthorised use of the cul-de-sac and wanting infringements to begin immediately

30. Once infringements started to be issued, feedback about the trial generally became more negative and grew as more people received fines and media coverage increased. This culminated in a petition to waive all fines and end the trial that was submitted to Council in May 2022.

31. Council addressed the petition in a June 2022 and resolved to create an independent community led design panel to come up with potential solutions for Links Avenue. The panel is currently being led by an external facilitator with little to no council involvement (unless requested by the panel)

32. A community survey was released during the month of July to obtain overall feedback on the trial and to help inform the community panel on things to consider as they work through developing options.

33. There were 677 responses received with 51% self-identifying as living outside of Arataki or Tauranga, and 34% identifying as a directly affected resident (Links Avenue or adjoining street).

34. Full details of the survey feedback can be found on slides 20-30 of the attached presentation, but highlights include:

(a) Improved safety for people walking and biking was observed by all respondent groups. For those living on Links Avenue, these figures were 50% and 78% respectively.

(b) All respondent groups found it harder to drive on Links Avenue. For groups outside of directly affected residents, this was almost unanimous with responses over 90%.

(c) More people on Links Avenue found their street a more pleasant place to live, while the inverse occurred on streets adjoining Links Avenue. Respondents on Oceanbeach Rd, Concord Ave, or Golf Rd found by a wide margin their street environment less pleasant.

(d) 70% of all respondent groups believed the speed limit should be less than 50km/hr on Links Avenue, with an almost even split between 40km/hr vs 30 km/hr.

(e) An overwhelming majority of respondents believed traffic volumes should be managed or restricted on Links Ave at some point during the day, with the clear preference around the AM and PM peak school travel times.

(f) Overall, the preference from respondents was to not have a cul-de-sac remain on Links Avenue, although for directly affected residents (particularly on Links Avenue) the preference was more split.

Next Steps

35. Staff will continue to operate the trial and support the community design panel (as requested) until an outcome on the future of Links Avenue is considered.

Attachments

1. 2nd Links Ave trial update presentation - A13863287 ⇩

Ordinary Council meeting Agenda

5 September 2022

11.4 Executive Report

File Number: A13781681

Author: Nic Johansson, General Manager: Infrastructure

Barbara Dempsey, General Manager: Community Services

Paul Davidson, Chief Financial Officer

Christine Jones, General Manager: Strategy, Growth & Governance

Alastair McNeil, General Manager: Corporate Services

Steve Pearce, Acting General Manager: Regulatory and Compliance

Gareth Wallis, General Manager: City Development & Partnerships

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. To provide updates on key projects and activities.

Recommendations

That the Council:

(a) Receives the Executive Report.

Infrastructure Report

Opal Drive wastewater pipeline upgrade

2. The renewal of the Opal Drive wastewater pipeline is progressing well. This pipeline replaces an older section that is also undersized, given the growth predictions in Wairakei and Te Tumu. The outcome of this project will be an improvement in the resilience and capacity of the wastewater network.

Opal Drive to Domain Road

3. Trenching work along Topaz Reserve, between Opal Drive and Domain Road, has progressed over the past few weeks despite the wet weather. The drill shot, establishing a length of the pipeline under the stream, has been completed. Another 100 metres of pipeline to the west of the stream (towards Domain Road) has been installed using open trenching methods. The team has been backfilling the trenches as they move along and grass seed will be planted on the completed sections to reinstate the reserve as progress continues.

A picture containing ground, outdoor, sky, dirt

Description automatically generated

4. Once contractors have completed the establishment of the pipeline to Domain Road, they will start on the section from the stream in Topaz Reserve to the Opal Drive Pump Station. This part of the project is planned to start in mid-September and will see the pipeline installed across Opal Drive to the Opal Drive Pump station in early-October.

Opal Drive road closure

5. To safely install part of the Opal Drive Rising Main, we need to close a section of Opal Drive. A variety of pipeline installation options were considered, but a road closure will provide the quickest and safest way to complete the works. The road closure will be in place from Monday 3 October for approximately one week, at the intersection of Topaz Drive and Redditch Place. Vehicle access will be maintained for the directly-impacted properties on Opal Drive. Traffic management will be established and signs will redirect drivers towards either Domain Road or Longview Drive. Pedestrian access will be maintained for the duration of the road closure for both Opal Drive and Topaz Drive Reserve users.

Domain Road to Gravatt Road

6. Work on the boardwalk has continued and we have now completed installation of about 35% of the bearers.

7. The above-ground pipeline between Domain Road and Gravatt Road, along the outskirts of Fashion Island, will be established underneath the boardwalk, which will protect the pipe and make any future pipeline maintenance in this section easier. The boardwalk will have on- and off-ramps for bikes, mobility scooters and pedestrians, to make it easier for all to use. It will also be wide enough for two-way foot traffic, or two bikes/mobility scooters. Handrails will provide an additional safety feature.

Ongoing track closures

8. Track closures will continue throughout the Opal Drive work programme. We will reinstate the tracks when the project is completed towards the end of December.

Environmental protection

9. Environmental protection strategies, including silt fencing and other dewatering activities, are continuing. These strategies have worked well in protecting our waterways. The dewatering makes use of a silt bin, which allows silt to settle to the bottom while the clear water at the top is then pumped back into the stream.

Opal Drive Pumpstation Upgrade

10. Opal Drive Pump Station is a key facility, 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 Urban Growth Area will also pass through the Opal pump station.

11. The current pump station occupies 1980m² at the northern end of 45 Opal Drive, while the total site area is 8390m². 45 Opal Drive is a designated site (C81) for the purpose of a “wastewater pumping station” in the Tauranga City Plan. Kainga Ora’s transitional houses have been removed from Site B to enable the ground investigations and subsequent construction of the new Opal Drive pump station. The Kainga Ora housing will remain on Site A for at least another 5 years.

Graphical user interface, map

Description automatically generated

Figure 1: The 45 Opal Drive Pump Station site, with the designated boundary outlined in red and the current pump station site outlined in blue. Transitional housing sites A & B are outlined in black and green respectively.

12. 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. Council’s intent is to design these structures to fit in with the area’s residential setting.

Figure 2: Image of the Opal Dr pump station, based on the preliminary design.

13. 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 the Opal Drive pump station and from Opal Drive to Te Maunga Wastewater Treatment Plant. These pipelines are expected to be constructed in the current road corridors between the Wairakei Stream and the coast.

14. The comprehensive stormwater consent (RC63636) provides for the duplication of all the stormwater culverts on the Wairakei stream. We expect to deliver these culvert upgrade works on Opal Drive at the same time as the wastewater works, to avoid disrupting the community twice in this area and for efficiency reasons.

15. We are engaging with mana whenua in relation to this project, and as part of this, we are seeking advice on whether it is appropriate to include cultural elements in the design of the pump station structures and/or landscaping. If that is the case, we will work with mana whenua to include these cultural elements.

Matakokiri Drive to Lakes Boulevard Wastewater and Water mains

Update on works

16. Works have progressed in the Awataha Reserve connecting the pipeline under the Kopurerua Stream to the pipeline on Matakokiri Drive. This involved two 710mm diameter, 200m-long drill shots under the stream - no easy feat.

17. We are now planning the connection of the pipeline from Awataha Reserve under SH36 to connect with Lakes Boulevard.

SH36 lane closure

18. This stage of the project involves a northbound lane closure on SH36 between the Pyes Pa roundabout and the Kennedy Road roundabout, for around five weeks (weather dependent) from Monday 29 August to early-October. The lane closure will be in place 24/7 for the duration of works. Work crews will be onsite Monday to Saturday, from 7am to 6pm.

19. Northbound traffic on SH36 will be detoured at the Pyes Pa roundabout onto Pyes Pa Road. Traffic will then either stay on Pyes Pa Road, moving towards Barkes Corner, or choose to turn left on Kennedy Road to connect back to SH36. Residents and commuters can expect increased traffic volumes on both Pyes Pa Road and Kennedy Road.

20. Installation of two new pipes is planned to cross SH36. Work will involve use of both directional drilling and open trench methodologies. The worksite will be established in the berm on both sides of SH36. Once the two pipes have been installed, the trenches will then be backfilled, compacted and the road resurfaced.

21. Once works are complete, we will reinstate the trees, garden structure and berm.

22. As we prepare for this work, residents may see some trees being removed to make way for the future pipelines. Council policy is to replace trees which have to be removed to enable works. Any trees removed will be replaced in the next planting season (winter 2023).

23. This project will provide wastewater and water infrastructure for the new developments in Tauriko and is due to be completed in March 2023.

Wastewater Upgrades: CLARIFIER 3 – Piling Trial

24. Contractors conducted a piling trial in August to test the proposed pile design and measure vibration and noise impacts during installation. Two 900mm diameter pile casings were installed and tested.

25. The trial has proven the constructability of the design and may potentially influence design modifications that reduce overall cost.

26. The vibration levels recorded during installation are within acceptable limits and thus the impact on adjacent structures is no longer a major concern. Noise generation is also within acceptable limits, given the remote location.

27. These outcomes enable the team to move into the detailed design phase and also lower the risk of unforeseen conditions impacting on the piling system installation during construction next year.

A picture containing sky, outdoor, boat, ship

Description automatically generated

CLARIFIER 3 – BIM model

28. This is one of three projects that are trialling the use of Building Information Management software to generate a 3D model of the structure. The use of BIM is expected to deliver significant benefits during design, e.g.:

· coordination of services to avoid conflict

· visualisation to help the council operations team review the design

· the ability to coordinate feedback from multiple stakeholders during cost estimation, during construction and for ongoing asset management.

29. It is anticipated that in future, BIM models will be ‘stitched’ together to help with the planning and management of infrastructure. Significant budget savings are expected on future projects, once the trials are complete.

Year 12 and 13 Geographers come to Council

30. Council welcomed 40 Tauranga Girls College students to the Cameron Road office on Friday 12 August to listen to and engage with our specialist staff. The students learnt about a wide selection of Infrastructure projects, including Tauriko West, the Otumoetai Spatial Plan and city planning considerations.

31. Feedback from the College has been positive:

“All presentations were really interesting and we learned a lot. It was great to see the future plans for the city and what goes into planning them.”

“We would love to keep involved with the council in the future and encourage students to be active members of our city.”

32. These links into our schools are managed by the Travel Safe Team in Transport.

Annual Contractors Function

33. On Wednesday 17 August, we hosted the annual Contractors Function. This is an event where we bring together the contractors and consultants we work with to deliver our capital programme. This is an annual event occurs after we have locked in the annual plan, which allows us to communicate with the industry about the work which is coming to the market, what’s important to us, and how we will procure the work. This includes a current financial year view, but also extends through to a three-year view with some accuracy, and a ten-year view which reflects the Long-term Plan. While we host this event, we also invite WBoPDC and Waka Kotahi to share their respective programmes.

34. This year, over 200 people attended, including representatives from the council project management and procurement teams, contractors and consultants.

35. The event was very well received, as always. We get great feedback for candidly sharing our delivery challenge with the construction sector.

Community Services

Community Partnerships

36. Flurofest is to be held on 2 October 2022 at Memorial Park, during Mental Health Awareness Week. This inclusive community event will focus on promoting the five ways to wellbeing, while supporting the different Mental Health Awareness themes promoted each year, this year being Back to Basics. Flurofest will feature fun, family-based activities and entertainment and provide a range of information and resource stalls from various Bay of Plenty service providers. These activities are organised by a collaborative working group from Tauranga Youth Development Team, Te Whatu Ora (Health New Zealand) and our Community Development Team.

37. Women in Tech and industry tour - On 19 August, in conjunction with Bay of Plenty tech companies ii and Datacom, we hosted 60 Students from Tauranga Girls College to a facilitated series of workshops showcasing careers in the IT and tech industries. Staff from across our organisation led the sessions focusing on opportunities to pursue careers in this field and identifying pathways to leadership positions. Kaitohutohu Hapori Māori is working with Community Relations to prepare a story about the event, with one of the students invited to draft the media release, take photos and be engaged in the media process.

38. The Kāinga Tupu Advisor has teamed up with Funding HQ to deliver a half-day workshop on 14 September for our homelessness community providers. The workshop will demonstrate how to develop a compelling case for funding – ‘developing your funding story’. It will also help identify a wider range of funders who could support the organisations, providing advice on how to align with funder’s priorities, therefore increasing their chances of success.

39. On the weekend of 13 August, Rangataua Rugby Club hosted an under 13 rugby semi-final and the BOP Women’s rugby (Volcanix Development squad) playing Counties Manukau. Council supported this event with mowing and line-marking of their fields. The community noticed the difference, as field maintenance is normally undertaken by club volunteers. This was a positive initiative for the relationship between the Sports Club and Council, to ensure ongoing maintenance is undertaken, recognising the wider amenity value of the community reserves which are owned by clubs.

40. The Community Development team hosted a return visit from Human Rights Commission (HRC) staff from Wellington in early-August, to investigate how we can work together to pilot the Whakamana Hapori initiative in Tauranga Moana. Whakamana Haporu is a community-based programme that upskills participants in human rights, Te Tiriti O Waitangi and community development. Participants will be supported and resourced by the HRC, with support from Council, to deliver initiatives that foster positive race relations in our community. We are working with the HRC to facilitate connection with iwi, as well as working together to develop a process for recruiting participants and supporting the workshops and resulting projects. This initiative aligns with the vision of Tauranga as an inclusive city, Tauranga Mataraunui, and the existing workstream of the Welcoming Communities programme.

Emergency Management

41. The National Emergency Management Agency (NEMA) has requested that our Emergency Management team provide Emergency Operation Centre (EOC) staff to deploy for seven-day cycles, to assist in the response to the severe weather event in the Nelson/Tasman/West Coast region. We deployed one staff member to Richmond on Sunday 21 August and another is due to deploy to either Nelson or Marlborough on 25 August. Another staff member is on standby for deployment to assist in the welfare function.

Libraries

42. We have had a successful start to our new streaming service, hoopla, with 126 customers borrowing 377 items since the launch on 15 August. Pleasingly, visits to the platform were boosted over the weekend after an article featured in Sunlive. Hoopla contains a wide range of formats, with comics, movies, music, television and eBooks and eAudio. Comics and music (not available electronically elsewhere in our collection) are amongst the most popular items loaned so far.

43. He Puna Manawa spaces are being well-utilised by the community. The Family History month series of events was well-attended in person and on Zoom.

Spaces and Places

44. Work has progressed on the Marine Parade Walkway development, with some key project milestones achieved. Three strong tenders have been received to undertake the construction of the walkway. The tender process will be completed and contractor ready to establish on site towards the end of the calendar year. Physical work, including BBQ’s and picnic table seating that does not need resource consent, is anticipated to commence in October.

45. Installation of the basketball court at Orangapani Reserve in The Lakes, to complement the pump track, will be completed this month. A community celebration is planned for this project on 17 September 2022.

46. Work has commenced on the upgrade of the Fire Station at the Historic Village. When completed, this space will be used as a resident carving studio. The work will be completed by the end of August.

47. The digital kiosk on Wharf St was opened with a blessing on 9 August. In attendance were representatives from Ngāi Tamarāwaho, Ngāti Tapu and Ngāi Tukairangi, and Commissioners Anne Tolley and Shadrach Rolleston, along with others involved with the project. The digital kiosk tells the stories of Te Papa, starting with the arrival of Māori through to the present day, and provides context to the statement ‘Te rau o te patu’ that has been etched into the pavement at either ends of the street. Te rau o te patu refers to the surrendering of arms that occurred in the vicinity of Wharf Street and the subsequent confiscations of Māori land that took place. The storytelling project was influenced by mana whenua and had significant drive from kaumatua Peri Kohu, who sadly had not long passed away.

48. An exciting new ecological restoration has started, in collaboration with Ngāi Tamarāwaho, behind the Judea sports fields below Winiata Street. Named this the Winiata Gully Restoration Project, the area we are starting with is just under a hectare. Part of the area is zoned conservation, with the remaining portion Active Open Space. The removal of a vigorous weed cover is the first step. When complete, it will be planted in lowland coastal forest species indigenous to the Waikareao environs.

49. Minor repairs to The Strand seawall have now been completed and works to replace the seawall have been transferred to the Civic Centre Project Team, in conjunction with the wider Marine projects.

50. The Strand Mooring Holders Carpark has been resealed and is ready for lease and mooring holders to use again.

Venues and Events

51. Baycourt’s Wurlitzer organ received much-needed maintenance in mid-August. Due to COVID-19 border closures, the near-100-year-old ‘Mighty Wurli’ had not been tuned since April 2019. An Australian-based specialist is flown in to undertake this work, as there are no suitably-qualified people in New Zealand. The week-long maintenance programme culminated with a free public concert on 18 August, performed by Australian Scott Harrison, to showcase the rejuvenated instrument and celebrate its 50^th anniversary in Tauranga.

52. Baycourt has focused on staff recruitment during this period, with five vacancies to be filled. The Event Coordinator and Senior Event Coordinator positions have been successfully onboarded and recruitment continues for the remaining three roles – Visitor Experience Manager, Technician and Marketing Coordinator.

53. The Zespri AIMS Games “Gives Back” beach clean-ups have generated approximately 170 registrations from young athletes across New Zealand. Zespri AIMS Games continues to be a priority for the Event Facilitation and Development teams, with a focus on preparing the local community for approximately 20,000 visitors between 3 and 9 September.

54. The first round of the newly-established Tauranga Western Bay Community Event Fund closed on 31 July, with 29 applications. In August, the assessment panel, made up of representatives from council, Western Bay of Plenty District Council, TECT, BayTrust and the Acorn Foundation, met for the first time to assess these applications. The Event Development team continues to receive a considerable number of enquiries about the fund.

Customer Services

55. The Tauranga City Council cadet programme for unemployed youth aged 18 – 24 is about to commence the recruitment phase. We have been working alongside MSD to assist with programme development and funding support. The name of the cadet programme is Piki Ake – “to climb higher” – captures the intent of the programme to give people an opportunity to progress.

Arts & Culture

56. Heritage Collection staff have commenced work on the initial phases of the collection readiness programme, preparing the collection for public display in the Museum. The pace of the digitisation project has been increased, with additional staff resourcing enabling more objects to be documented and uploaded to the Heritage Collection website.

57. Ashley and Associates have been engaged to undertake a valuation of the collection. This work will be carried out in September, with a report due to the Museum steering committee by the end of September. Antoine Coffin of Onewa Consultants has been engaged to develop a repatriation report for the collection, identifying taonga and objects that have provenance to Tauranga Moana, but are currently held in other Museum collections. This work will help to establish relationships between the Tauranga Heritage Collection and other key museums, exploring opportunities to return significant objects to Tauranga for the opening of the new Museum.

58. The Heritage Collection team has continued a busy engagement programme, with a range of collection tours undertaken, including groups from Ngāi Te Rangi, Toi Ohomai, Bay of Plenty Regional Council, Ngāti Kuku and Ngamanawa Incorporation. A programme of education tours has been planned for the October school holidays, with all places on the tours filling up within hours of them being promoted. The “Hands on Tauranga” programme has made several visits to local rest homes in the past month, bringing objects from the collection to residents, which has been very well received by those taking part. Our heritage collection specialist has written a feature article about the Hands on programme, which will appear in the next issue of Our Place magazine.

59. The Elms foundation has completed its annual report, with updates on activities from year 1 of their LTP funding. The report details a strong commitment to the KPI’s set in the funding agreement. The Elms has had a very productive year despite the challenges of COVID-19, and the resulting impact on visitor numbers. Highlights identified in the report include:

(a) Appointment of Auckland-based consultancy, Dave Pearson Architects, to undertake a condition assessment of the heritage features across the property, as well as design work for the remediation of the historic chapel gates. Once completed, this condition assessment will form the basis of the Elms Foundation’s forward maintenance programme for the next 5-10 years.

(b) Completion of preparatory work towards a new visitor centre and car park on the neighbouring properties at 7 and 11 Mission Street. An archaeological assessment has been completed and the site has now been landscaped and grassed, in preparation for future work. Trustees and staff from the Elms Foundation have been taking part in the Funding HQ training programme (with participation funded by council), to develop a development and fundraising plan, in anticipation for what will be a major capital project.

Chief Financial Officer

Vessel Works – Marine Precinct

60. We removed the derelict vessel Chatham Explorer from the water on 11 August. The preparation, removal and blocking took three days and appears to have been timely. We blew a 20mm hole in the hull when water-blasting and the cracks in the welds on the bow of the boat are still leaking water onto the hardstand. Asbestos removal has started and the demolition proper will start when that has been completed.

61. With the unplanned sinking of the “Sealion” in Wellington Harbour only a few weeks ago, the decision to take action on the Chatham Explorer seems prudent. https://www.rnz.co.nz/news/national/472538/lucky-escape-for-occupant-as-ship-sealion-sinks-in-wellington-harbour

Strategy, Growth & Governance

Democracy and Governance Services

62. The Epidemic Preparedness Notice was extended on 16 June to 16 September 2022. Taituarā advised it is unlikely that the notice will be extended past 16 September. Under the Principal Notice, which came into force on 25 March 2020, the Prime Minister has to declare that she is satisfied that the effects of the outbreak of COVID-19 are likely to disrupt or continue to significantly disrupt essential governmental and business activity in New Zealand. Some councils have lobbied for the continuation of the Epidemic Preparedness Notice, to ensure that those attending council and committee via audio or visual link can be counted towards the quorum of meetings. If the notice is not extended, the current provisions under Clause 25A(4) of Schedule 7 of the Local Government Act 2002 and Standing Orders will apply and a person attending remotely is not counted towards the quorum.

63. There is a separate report on the Local Government Electoral Legislation Bill, requesting that Council approve a submission in support of the Bill.

Tangata Whenua Consultation

64. It continues to be an extremely busy time for tangata whenua, with workshops held once or twice a week, as opposed to once or twice a month previously. There has been a sustained period of pressure for probably a year now and it’s not without signs of strain. However, this has helped us get clear and strong consensus input and feedback into key processes such as Three Waters reform, the Long-term Plan and the Long-term Plan Amendment, among other things.

65. Most recently, we have been able to progress Memorandum of Understanding discussions at Poteriwhi and support for the allocation of Better Off funding. However, we need to be aware of the strain placed on iwi and hapū as they address our processes at pace.

66. We have managed risks through inclusivity and patience and, largely speaking, council’s relationships with iwi and hapū continue to improve. The pressures arise where we are putting iwi and hapū in positions that may not enable a natural process of support for each other to occur and this is exacerbated by capacity and capability challenges at their end.

67. We are currently reviewing whether the retrospective meeting payment regime simply means iwi and hapū can only put forward those available in a piecemeal fashion. In particular, whether the volume of engagement may lend itself to a more planned approach to engagement, enabling upfront payments.

68. This may give some critical mass to iwi and hapū entities to look at employing suitable qualified representatives and making them more available. This should lead to better prepared, well-informed contributions to our consultation processes.

Corporate Services

Community Relations

69. The Media Impact Score continued to rise to 2.1 in July. A big focus on recreation & environment reporting contributed to this over the last month (40% of coverage), across a wide range of different themes, including some very positive reports about Mauao maintenance and safety works, beach clean-ups, and improvement of other parks and reserves. Relationships between mana whenua and Council were well-covered, highlighted by the Civic Precinct the land ownership coverage, which captured the constructive nature of Council's relationship with the Otamataha Trust and the willingness of both the Commission and mana whenua to try something genuinely new.

70. The digital and creative team has had an exciting month with the launch of two projects they’ve heavily supported – the kiosk on Wharf Street, telling the history of the area, and the launch of the City Centre Action and Investment plan. Finding innovative and engaging ways to share the mahi of council continues to be a priority.

Digital Services

71. Rollout of digital signing - The pilot of digital signing has continued and has now been rolled-out to more than 250 staff. This solution is legally compliant, reduces waste and is simple to use. We are on track for the full organisational wide rollout in September 2022.

72. NZ Women in Security Awards 2022 - We are very excited to have three nominations in this year’s Women in Security Awards, which are due to be held in November. Below are the awards we are nominated for:

· Cyber Security Engineer Jaimee Pasig - ‘IT Security Champion’ & ‘Best Mentor’

· Security Analyst contractor Narmada Kohli - ‘The One to Watch in IT Security’

· Tauranga City Council - ‘Best Place for Women to Work in Security’ category.

The awards promote and recognise women involved in all aspects of security across NZ and Australia.

73. Resource Consent Management - the Environmental Planning team has been working closely with Digital Services to move resource consents processes, which currently involve multiple systems and manual steps, into our SAP environment. This will provide opportunities for better accountability, transparency, automation and consolidation in one system, while supporting Long-term Plan key performance indicators. It also supports customers with better visibility of where their consent is in the process. The project is about to go into a pilot phase in September for processing, referrals and granting of consents, using some selected consent applications to run through the live system.

Human Resources

74.

Staff turnover is calculated on a 12-month rolling basis. The employment market is very challenging at the moment, so it is positive that our turnover is remaining steady. Our aspirational staff turnover range is 10-12%.

75. The Remuneration project is now complete, with the final stage of the annual salary review completed at the end of August. The aim is to ensure that we are competitive in the labour market and can continue to attract and retain great staff. Remaining competitive in the labour market is a growing risk for us, due to inflation and the current tight labour market in New Zealand, with the potential to negatively affect our ability to deliver council services and the Long-term Plan work programme.

Health, Safety & Wellbeing

76. Nominations have been submitted for Health & Safety Representatives across council.  A training pathway has been developed to support all representatives and provide a greater Health & Safety lens across council.  Final elections will be held in the coming weeks.

77. Managing staff exposure to psychological harm at council is a priority. To ensure we are effectively managing this, Lance Burdett (WARN International) has been engaged to provide resilience and de-escalation training to various business units.  This training involves practical and effective solutions to keep our staff safe.

78. A new staff wellbeing room has been created at the council offices in Cameron Road.  This came about through a collaborative effort between the Environmental Planning and Health Safety & Wellbeing teams.  The room provides somewhere for staff to unwind, meditate, pray, recover or breastfeed.

Regulatory and Compliance

79. Regulatory and Compliance represented council at the 2022 Tauranga Canvas Careers Expo held at Trustpower Arena on the 12-13 August. This expo was in collaboration with Rotary and Priority One and is a community event open to the public, with a focus on tertiary and secondary school students.

80. We saw a mass of tertiary and secondary school students eager to engage and learn about what is available to them and their future, especially in their home of Tauranga Moana. Our staff shared information about their roles, study options, qualification levels, their own experiences, and their career so far within council. We had over 200 meaningful conversations with our audience about the many opportunities for people with a willingness to learn, with the intention of encouraging rangatahi to find us after their studies.

81. Conversations and planning are already underway for an organisation-wide approach to the 2023 expo.

Environmental Regulation

Regulation Monitoring

82. We have been proactively monitoring and enforcing parking issues outside Blake Park and Tauranga and Wharepai Domains. The main issue is vehicles parking on the restricted road berms and on traffic islands and medians. Due to previous conflict and aggression towards our officers from event attendees, we have used the licence plate recognition (LPR) to conduct enforcement. At Blake Park, temporary barriers have been successfully implemented to reduce the amount of illegally parked vehicle,s and engagement with the sports clubs is underway to raise awareness.

83. We continue to see large numbers of people experiencing homelessness in our city. Individuals sleeping in their cars at reserves are generating multiple complaints from the community. Reserves such as Memorial Park, Stella Place and Taylors Reserve have seen high numbers of car sleepers. Our Bylaws officers continue to engage with and connect these individuals to the relevant support agencies and have been working closely with Te Whatu Ora – Health New Zealand’s Community Outreach Team.

Alcohol Licensing

84. In July, we received 118 alcohol licensing applications and reported on 105 to the DLC. These included 19 premises inspections for both new licenses and renewals. Generally, compliance in these premises has been good, with only the odd premises requiring issues to be addressed in relation to record keeping requirements and licensees providing their staff with alcohol licensing training. We continue to utilise our compliance model of Engage, Educate, Enable and Enforce to assist us when deciding on whether any compliance issue needs to be escalated or not.

Animal Services

85. The project to upgrade and refurbish the Dog Pound has gained some impetus following delays over the last year. Key personnel have now been identified and brought together to drive this project forward. A dedicated project manager has been appointed and has started working with staff to ensure that traction is maintained and key milestones are met. The improvements include expanding into the (currently leased-out) council property next to the current pound footprint. This will allow us to develop fit-for-purpose exercise areas for dogs; extra parking; improved customer access and a service/reception/dog adoption area; improved office space and storage facilities; and the inclusion of a new ‘wet area’ that can be utilised for dog washing and veterinarian services.

86. As at 18 August, there are 15,458 known dogs in the Tauranga City area. 13,430 have been registered, with 2,028 (13%) still showing as unregistered. This puts us at about 10% ahead of the number of registered dogs at the same time last year. We believe this is a direct result of this year’s pro-active media campaign and the introduction of the Tauranga Animal Services Facebook page. This Facebook page is administered within the Regulatory and Compliance Communications function.

87. Tauranga Animal Services Facebook was officially launched on 1 July 2022 as an opportunity to connect with dog owners in Tauranga. Since launching, the page has achieved more than five times the projected growth, with 736 likes in the first month. As at 23 August, the page was sitting at 1,628 likes.

88. In the first seven weeks, the page has reached 54,374 people and 3,961 are regular visitors. Looking ahead, we will continue to use this page to connect with and educate dog lovers and owners in the community, as well as promote dog adoptions and upcoming events.

Building Services

89. The July figures for Building Services were reported at the 15 August council meeting. Early indications for August are that consent applications remain on par with 2019 and 2020. Consents granted and statutory timeframe compliance continues to improve.

90. The graph below shows the number of CCCs approved for January 2018 – July 2022 (in blue) and the compliance with statutory timeframes (in red). As can be seen, there is some variability in the volume approved across the period, with the highest volumes in the middle of the year and the lowest volumes in January (and April 2020 for obvious reasons). Volumes from 2018 until late 2021 average around 210 a month, whereas for the last nine months, it has been noticeable lower at an average of about 170. It’s not clear what has caused this drop, but it may be an indicator of the slowdown in the market, or potentially linked with challenges in material supply.

91. Compliance with statutory timeframes for CCCs has typically been very high, with the lowest percentage in the reporting period being 76%. However, it has averaged 97% since 2020 and has not dipped below 91%.

Environmental Planning

92. The Planning team has spent time preparing for the notification of Plan Change 33, creating internal and external guidance. As part of this, the team reviewed and cleared all existing Building Consents in Alpha, to ensure there are no applicants caught out by changes to the City Plan.

93. While the number of BCs reviewed below does not reflect the effort to clear any backlog in this month’s reporting, the number has remained relatively consistent over the last four months. The team is expecting a potential increase, based on the notification of PC33 and the more enabling provisions it contains.

94. Following a dip in April, the number of applications received started increasing, only to drop-off again in July. This is expected to increase with a number of applicants holding off until the notification of PC33.

95. While the team is struggling to meet legislative timeframes, this has largely been due to the current level of service provided (i.e. working through multiple options to avoid notification etc.). The team will be focusing on using all of the tools in the RMA, with more time and effort is put into the pre-application stage of applications.

96. The team has also been immensely busy working on a new Digital platform and other improvements to the process, such as the pre-application process. Some great feedback was received from one of our customers: “… we (you and I) discussed the pre-application meeting process you had developed. It’s brilliant, we got a tremendous amount out of it. They used to be (albeit yrs. ago! Time flies by when you’re having fun) almost a waste of time, now they are really productive. Congratulations, really appreciate your work there.”

97. The Environmental Monitoring team has created an Environmental Monitoring and Compliance Policy to give effect to the Regulatory and Compliance Charter. This provides a methodology for prioritising responses to incidents and consent monitoring, based on a risk analysis. The team is currently recruiting four members, following internal personnel shifts. This has put the team under pressure and prioritisation of workloads is essential until we are back to full capacity.

98. The Development Engineering team is keeping on top of referrals coming from the Planners at the moment. Pattle Delamore Partners and Banks Engineering Limited have been assisting while two team members were on parental leave. The team is working on measures to alleviate delays experienced in receiving input from internal council specialists. This includes updating an engineering checklist for Resource Consent applications, to ensure correct information is provided by applicants, while also providing the Development Engineers with more decision-making delegation to reduce the amount of applications that need to be sent to the Infrastructure Three Waters team. Investigations are underway to put in place a panel of experts to assist with reviews.

Environmental Monitoring

99. 20 incidents were reported in July, down from 29 reported in June. The team managed to resolve 20 incidents this month, including some from the previous financial year. Seven incidents reported in July were still open at the end of the month. Of the 20 incidents resolved, eight were deemed 'Unconfirmed/Unsubstantiated', and another six resulted in voluntary compliance. There were a total of 117 individual Resource Consents monitored in July, continuing our upward trend from 106 in June.

100. Noise incidents remained low in July, with 11 incidents reported. June was also quiet with 13 incidents. Residential noise was the biggest issue in July, with 5 incidents reported.

City Development and Partnerships

City Partnerships

101. Our application for the first tranche of central Government’s “Better Off” funding (for $12.1M) will be submitted by 31 August. If successful, this funding will go towards Te Manawataki o Te Papa – the civic precinct redevelopment project.

102. Funding applications have been submitted for $460K from the New Zealand Community Trust (NZCT), $1M from TECT and $529K from Lotteries for the Destination Skatepark project. If successful, this funding will support the delivery of a community co-designed facility on the corner of Hull Road and Maunganui Road in 2023. We have also made an application to NZCT for $40K on behalf of Bay Venues, to help subsidise transportation for 1,328 students from eight schools across Tauranga Moana, who may not otherwise have the opportunity to learn basic water survival skills.

103. Six-monthly reports have been received from each of the four mainstreet organisations, with in-person presentations to the Strategy, Finance and Risk Committee scheduled for 12 September. The City Partnerships Specialist is working with Mount Mainstreet, Greerton Village Mainstreet and our transport team to identify opportunities to improve town centre cleanliness.

104. We are investigating opportunities to provide shared services with three council-controlled organisations: Bay Venues, Tourism BOP and Tauranga Art Gallery Trust. This includes a high-level collection of business and digital services that can be performed by, or with, other council business units, with the purpose of providing better alignment and enabling the council-controlled organisations to focus on their core services and activities.

105. We have worked with Bay Venues to develop an action plan and timeline for outstanding recommendations that came out of the Bay Venues Strategic Review, with a view to closing this project off by June 2023.

Civic Development – 95 Willow Street Demolition

106. The demolition is entering its final week of clean up. The lead contractors, LT McGuinness and Wards Demolition, have completed the works programme approximately six weeks ahead of schedule. In the last week of demolition, a quantity of polystyrene contaminated concrete was located around the remaining columns and subsurface drainage channels. This waste has been managed separately from the bulk demolition material and is being transported to Auckland for appropriate disposal.

107. All concrete removed from site was crushed at the Rock and Rumble compound in Mount Maunganui. The company has confirmed that the stockpile of crushed concrete has now been reutilised by other infrastructure companies. A full report on the recovered, recycled, and reused material from the demolition will be provided by LT McGuinness in the coming weeks.

108. Last month, signs were installed around the site to remind people where the customer service centre and library are relocated and explain the exciting future plans for the site. Planning is underway for the completion of a permanent wooden hoarding around the site, to replace the existing steel mesh security fence. The site will be secured with internal/external lighting and security patrols will also be in place. The LT McGuiness site office and compound will remain in place, ready for the next phase of the Civic Precinct development.

109. We continue to send out fortnightly newsletters to surrounding businesses, giving them regular updates on how the demolition is progressing. A video posted on our social media channels, showing the progress being made, received significant positive engagement and media interest.

The Tauranga Waterfront Plan

110. The final version of the refreshed Masterplan, now titled the Tauranga Waterfront Plan, will be presented to Council on 5 September 2022 for review and adoption. Specific detail, as it pertains to each individual project, is contained within the final version of the Tauranga Waterfront Plan.

111. A communications and engagement plan is in place to help share this significant milestone with the community.

90 Devonport Road Fitout

112. After several months of collaborative work between our 90 Devonport Design Reference Group and council specialist group, Warren & Mahoney presented the final Concept Design to a very supportive Executive and Project Steering Group on 18 August.

113. While design tweaks are still anticipated, the immediate next steps will see the concepts move into the preliminary design phase, including look-and-feel aspects of all spaces. It was acknowledged that we will fitout the entire 10,000m² of the building (all floors) and final plans include an inter-connecting staircase from level 2 to level 6. The ground floor of the building will now consist of two separate, lettable retail spaces.   

114. Both the base build design, led by Willis Bond, and our fitout design are on schedule.

A picture containing text, tree, outdoor, sky

Description automatically generated

Cargo Shed

115. The building consent for the interior fitout works is now lodged with Council. Beca is currently preparing an amendment to the Building Consent, to include the recladding of the eastern wall, and to insert a new window on the eastern/southern corner to allow more light into that end of the building and match the two existing windows along that side.

116. To avoid any unnecessary delays, we are working with the preferred fitout contractor to procure items that potentially have a long lead-time. We have ordered the kitchen units from Southern Cross, to ensure they are here when required.

117. The Cargo Shed fitout is on schedule to see the building open for community use before Christmas.

City Centre Action and Investment Plan

118. Following the formal adoption of the City Centre Action and Investment Plan (CCAIP) on 15 August, we launched a video that captures this exciting moment in time for the city centre and shows the transformation already underway. This is an effective and simple way of helping people to understand that we’re well on our way to creating a city centre we can all be proud of. This video will be rolled-out across communication channels and at events in the coming months, to extend awareness across the community.

119. Following the plan’s formal adoption, an event to mark the launch of the CCAIP was held at the University of Waikato with some of our key city partners.

Consultation on a proposed Council Controlled Organisation

120. Our proposal to set up a Council Controlled Organisation (CCO) Charitable Trust that will own and jointly govern the land at Site A of the Civic Precinct, is currently open for community feedback.

121. Te Papa peninsula, including the site where our future civic precinct will be built, has a long and complex ownership history dating back more than 150 years. In 1838, the land was acquired from mana whenua by the Church Missionary Society (CMS), to be held for the benefit of Māori (in the face of increasing land demand by settlers). However, much of the area was then reluctantly gifted by the CMS to the Crown in the 1860s, despite the objections of mana whenua, who argued that if it wasn’t to be used for its original purpose, the land should be given back. In 1995, the Crown transferred the civic precinct area to the Borough of Tauranga, to be used for municipal buildings.

122. The alienation from the land that mana whenua experienced has been recognised by the Waitangi Tribunal as being undertaken in a way that breached Te Tiriti o Waitangi and its principles. 

123. With plans now in place to transform the civic precinct into a vibrant community space called Te Manawataki o Te Papa, the proposed pathway is to set up a new ownership structure for the land, to help reconcile past events and provide certainty around its future use, for the benefit of everyone in the community.

124. The proposed solution would see a new CCO Charitable Trust established and jointly governed by Council and Otamataha Trust. The Trust represents mana whenua from Ngai Tamarāwaho, Ngāti Tapu and Te Materāwaho – the descendants of those who released the site to the CMS. 

125. As part of the arrangement, the CCO would purchase the land now known as ‘Site A’ of the Civic Precinct from Council for a nominal amount.  Council would lease the land back from the CCO on a ‘peppercorn lease’ basis.

126. Council would continue to own and be responsible for any improvements made to the existing buildings on the land, and the construction and ownership of any new buildings and structures, as well as the day-to-day operation of the activities on the site.

127. The relationship with mana whenua will be pivotal to the success of many of the outcomes to be achieved on the civic precinct site.

128. A consultation document has been developed, and print, radio and online communications channels are being used to encourage feedback. People are able to submit their feedback online, by email or by post. The two-week consultation period finishes on 6 September.

129. Consultation deliberations and decisions on next steps will be made by the Commission at a Council meeting on 3 October 2022.

CBD Activation 

130. A calendar of planned activity has been developed, to be used as the basis for marketing a more vibrant, engaging and exciting CBD offering to the public over the coming summer months. A communications and marketing plan is in development.

131. We have engaged Rae Baker to work with a wide range of CBD partners to develop an activity plan, which adds to and complements the event calendar. This includes meeting with the hospitality industry, Downtown Tauranga, University of Waikato, Tourism Bay of Plenty, Tauranga Art Gallery and other key activity providers. An outdoor cinema, live performances, buskers and scavenger hunts are some of the activities planned for addition to the schedule. A further update will be provided after the 15 September meeting with hospitality providers.

Attachments

Nil

Ordinary Council meeting Agenda

5 September 2022

11.5 Remuneration for Tangata Whenua and External Representatives on Council Committees

File Number: A13689578

Author: Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Maori Engagement

Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance

Purpose of the Report

1. This report recommends remuneration changes for external members appointed to the Strategy, Finance and Risk Committee, the Tangata Whenua members appointed to the Wastewater Management Review Committee and the Independent Chairperson of the Tangata Whenua/Tauranga City Council Committee.

Recommendations

That the Council:

(a) Receives the report Remuneration for “Tangata Whenua and External Representatives on Council Committees”.

(b) Approves the remuneration of $26,950 per annum for the external members appointed to the Strategy, Finance and Risk Committee who have voting rights.

(c) Approves the remuneration of $14,500 per annum for Te Rangapū Mana Whenua o Tauranga Moana Chairperson appointed to the Strategy, Finance and Risk Committee.

(d) Approves the remuneration of $32,340 per annum for the Deputy Chairperson of the Strategy, Finance and Risk Committee.

(e) Approves the remuneration of $6,500 per annum for the Independent Chairperson of the Tangata Whenua/Tauranga City Council Committee.

(f) Approves the remuneration of $395 per meeting for Tangata Whenua members appointed to the Wastewater Management Review Committee.

(g) Approves the remuneration of $550 per meeting for the Tangata Whenua representative appointed to the Chairperson or Deputy Chairperson role on the Wastewater Management Review Committee.

(h) Confirms the current remuneration of $270 per meeting for the Tangata Whenua members appointed to the Tangata Whenua/Tauranga City Council Committee.

Executive Summary

2. The remuneration consultant firm Strategic Pay was engaged to review the remuneration of the following:

· Strategy, Finance and Risk Committee externally appointed members, due to an increase in workload.

· Independent Chairperson of the Tangata Whenua/Tauranga City Council Committee, due to the recent appointment of a new Chairperson.

· Tangata Whenua members of the Wastewater Management Review Committee (WWMRC), due to new appointments of tangata whenua members to that committee and a recognition of the complexity of the work required by these members.

· Tangata Whenua members of the Tangata Whenua/Tauranga City Council (TW/TCC) Committee because of other committee members remuneration being reviewed.

3. Increases in remuneration are recommended for all members, based on the Strategic Pay advice, except those on the TW/TCC whose remuneration remains the same.

strategy, finance and risk committee members’ remuneration

4. External remuneration consultant firm Strategic Pay was engaged to undertake a review of the Strategy, Finance and Risk Committee (SFRC) members remuneration based on an increase in workload since it was established on 27 April 2021. Their report is set out in Attachment 1.

5. Strategic Pay were advised that the position descriptions and the terms of reference for the SFRC had not changed, but the quantum of meetings had increased, especially in 2022, with additional meetings held to hear and deliberate on various submission processes. There was also a need for briefings to provide members with background information on reports/issues before the Committee.

6. Strategic Pay’s approach was to:

(a) Consider the broader marketplace for governance fees including the State Services Commission’s Cabinet Fees framework and other broader work they have conducted;

(b) Look at Committee fee levels and overall fee levels compared to data collected and analysed in their annual February 2022 New Zealand Directors’ Fees Survey.

7. The table below sets out the current remuneration and the remuneration resulting from the three approaches considered by Strategic Pay.

Position	Current remuneration	Cabinet Fees framework[3]	Directors’ Fee Survey	Relativity with Councillors remuneration[4]
Voting Member	$22,000	$27,125	$26,950	$26,901
Non-voting Member[5]	$12,000	$14,000 - $15,000	N/A	N/A
Deputy Chair – 20% of voting member	$26,400	$32,550	$32,340	$32,281

8. Given the consistency of fees across the three approaches, Strategic Pay have recommended the fees be set in the following ranges.

· $25,000 to $28,000 per annum for voting members

· $14,000 to $15,000 per annum for non-voting member (Te Rangapū Mana Whenua o Tauranga Moana Chairperson).

· $30,000 to $33,600 per annum for the Deputy Chair which is based on a ratio of 1.2 or 20% more than the remuneration for the voting representatives.

9. The staff recommendation is that remuneration be set in the mid-range of the three approaches for voting members and the Deputy Chair and set at the mid-range of the Cabinet Fees Framework for the non-voting member.

· $26,950 per annum for the voting members

· $14,500 per annum for the non-voting member

· $32,340 per annum for the Deputy Chair (1.2 or 20% ratio of voting members)

independent chairperson - tangata whenua/Tauranga City Council committee remuneration

10. Strategic Pay was engaged to undertake a review of the remuneration for the Independent Chairperson of the Tangata Whenua/Tauranga City Council Committee following the appointment of a new Chairperson. Their report is set out in Attachment 2.

11. Strategic Pay have recommended the fees be set in a range between $5,500 to $7,500 per annum.

12. Strategic Pay’s approach was to:

(a) Review what similar roles would be paid if the Committees were under the New Zealand Government’s State Services Commission’s Cabinet Fees framework;

(b) Review the remuneration Councillors would be receiving, and the relativity to Committee Fees.

13. The staff recommendation is that remuneration be set in the mid-range at $6,500 per annum, which is the current remuneration being paid.

wastewater management review committee remuneration

14. Strategic Pay were asked to review the remuneration of the Tangata Whenua members on the Wastewater Management Review Committee (WWMRC) following the appointment of new committee members. Their report is set out in Attachment 3.

15. Strategic Pay have recommended the daily fees be set in the upper end of the range of:

· $205 to $395 for members

· $280 to $575 for the Chair

16. Strategic Pay’s approach was to make a recommendation based on the interpretation of the State Services Commission’s Cabinet Fees Framework.

17. The staff recommendation is that members fees are set at the upper end of the range given the complexity of the work undertaken by the WWMRC and the need to attract and retain members:

· $395 per meeting

· $550 per meeting for the Chair/Deputy Chair of the WWMRC (1.4 or 40% of members fee) given the co-chairing nature of these roles

18. The staff recommendation considered the time in preparation and attending meetings and looked at the relativity with the two Commissioners on the WWMRC. Based on an estimation of four hours per meeting it was calculated the hourly rate would be $98.75 (for members) and $137.50 (for chair/deputy chair). Commissioners’ hourly rate is set by the Minister of Local Government at $187.50 based on an 8-hour day at $1,500 per day.

19. Strategic Pay has provided two options in their report. Option 1 to pay a daily rate per meeting or Option 2 to pay according to days spent per month. Option 1 is consistent with the current method of payment where members are paid a daily rate for meetings and any additional workshops they are asked to attend. The daily rate includes preparation time. Option 2 would require additional administration.

tangata whenua/Tauranga City Council committee remuneration

20. As a consequence of reviewing the above committees, Strategic Pay was asked to review the remuneration for the Tangata Whenua members on the TW/TCC and they have recommended a daily fee range from $190 to $270 per meeting. Refer to attachment 3.

21. Strategic Pay’s approach was to make a recommendation based on the interpretation of the State Services Commission’s Cabinet Fees Framework.

22. This is consistent with the current remuneration of $270 per meeting as set out in the Tangata Whenua Remuneration Policy 2021.

23. The staff recommendation is that the remuneration for the members appointed to the Tangata Whenua/Tauranga City Council be confirmed at $270 per meeting.

Strategic / Statutory Context

24. Clause 31(1) Schedule 7 of the Local Government Act (LGA 2002) provides that Council may appoint or discharge any member of a committee. Clause 31(3) provides for the Council to appoint persons who are not members of the Council to its committees if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee.

25. Section 14 of the LGA 2002 requires a local authority, in performing its role, to act in accordance with the principles specified. These principles include, in subsection 14(1)(d), that a local authority should provide opportunities for Māori to contribute to its decision-making processes.

26. Section 81(1)(a) and (b) of the LGA 2002 require that a local authority must (a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and (b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority.

Options Analysis

Option 1 – Set remuneration based on Strategic Pay advice – Recommended option

27. In this option the Council would accept the expert advice provided by Strategic Pay and set the remuneration based on the ranges supplied.

28. The Council has the option of setting remuneration anywhere in the ranges provided by Strategic Pay.

29. This option would be consistent with the previous decisions regarding remuneration for externally appointed members based on advice from Strategic Pay.

Option 2 – Set remuneration not based on Strategic Pay advice

30. In this option the Council could set remuneration at levels that are not based on Strategic Pay advice.

31. This option is not recommended as the Council would not be guided by expertise in this matter.

Financial Considerations

32. The budget provides for remuneration for representatives appointed to Council committees at current levels. Any increases can be absorbed into the current budget for governance services.

Legal Implications / Risks

33. There are no legal implications. There is a potential risk of not attracting or retaining external appointees to committees if remuneration does not increase at a pace that reflects the changing workloads and complexities of the committees.

Significance

34. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.

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

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

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

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

ENGAGEMENT

37. Taking into consideration the above assessment, that the matter is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.

Next Steps

38. Implement remuneration changes.

39. Regular review of remuneration for people appointed to Council Committees following each election cycle.

Attachments

1. Strategic Pay - Fees Review for Strategy, Finance and Risk Committee - July 2022 - A13730204 ⇩

2. Strategic Pay - Fees Review for Tangata Whenua/Tauranga City Council Committee Independent Chair - August 2022 - A13730206 ⇩

3. Strategic Pay - Fees Review for Tangata Whenua/Tauranga City Council Committee and Wastewater Management Review Committee - July 2022 - A13730209 ⇩

Ordinary Council meeting Agenda

5 September 2022

11.6 Submission to Local Government Electoral Legislation Bill

File Number: A13762483

Author: Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Maori Engagement

Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance

Purpose of the Report

1. The purpose of the report is to approve a submission on the Local Government Electoral Legislation Bill in support of the second stage of legislative change relating to Māori representation and some other electoral matters.

Recommendations

That the Council:

(a) Receives the report “Submission to Local Government Electoral Legislation Bill”

(b) Approves the submission to the Governance and Administration Select Committee on the Local Government Electoral Legislation Bill in Attachment 1 summarised as:

(i) Support for the second stage of legislative change relating to Māori representation.

(ii) Support Taituarā’s submission to amend the proposed new section 19GA of the Local Electoral Act 2001 by deleting the phrase “in accordance with Part 6 of the Local Government Act 2002” and replacing it with “…in a way that gives effect to Section 82 of the Local Government Act 2002” to enable councils to tailor their engagement processes on Māori representation.

(iii) Support for a mandatory recount when election results are tied and subsequent changes to the sequence of council meetings after recounts.

(iv) Support for enabling all candidates to submit electronic nominations.

Executive Summary

2. Public submissions on the Local Government Electoral Legislation Bill (the Bill) are open until 14 September 2022. It is recommended that the Council submit in support of the Bill with some minor amendments.

Background

3. The Local Government Electoral Legislation Bill (the Bill) was introduced by the Minister of Local Government to Parliament on 26 July 2022. This is an omnibus Bill to improve the processes that individuals and communities are represented through, and can participate in, local government elections. Submissions to the Governance and Administration Select Committee are due by 14 September 2022.

4. This Bill gives effect to the second stage of legislative change relating to Māori representation. The first stage was the removal of binding poll provisions in March 2021 which has resulted in 35 councils having Māori representation [6].

5. In August 2021, the Department of Internal Affairs (DIA) issued a discussion document on the second stage of changes to the Local Electoral Act 2001 (LEA) “Changes to Māori ward and constituency processes”. The Council submitted on the discussion document and supported the requirement for every council to consider Māori wards every six years and supported wider public consultation be undertaken alongside targeted iwi/hapū consultation and these have been included in the Bill. Further information on the Bill, the feedback on the discussion document and the regulatory impact statements on the first and second stages of changes for Māori wards is available at https://www.dia.govt.nz/maori-wards

6. DIA has consulted with Local Government New Zealand, Taituarā, Auckland Council officials, Local Government Commission officials, and council chief executives on the workability of the Bill and there is general support for the changes proposed in the Bill.

7. The Bill would take effect for those councils undertaking representation reviews prior to the 2025 local government elections.

The Local Government Electoral Legislation Bill

Māori Representation

8. The Bill changes the process councils follow to determine their representation arrangements, making consideration of specific Māori representation the first step of this process.

9. The Bill clarifies that councils must engage with Māori and other communities of interest before making a decision about specific Māori representation, ensuring this decision will have regard to the views of Māori and other communities of interest, and that it will be decided early in the process. Councils will continue to decide whether to establish separate Māori representation after consultation, as it is not a requirement of the legislation that every council have Māori wards.

10. The second step is to make detailed decisions about the implementation of Māori wards and general wards at the same time, such as the total number of councillors, Māori and general ward boundaries and names, and community boards. The number of Māori councillors continues to be calculated in proportion to the local Māori electoral population as set out in the formula in the LEA.

11. Councils that implemented specific Māori representation for their previous two elections may move directly to the second step when they review their representation arrangements and are not required to undertake a further review but may if they choose.

12. Decisions by the council on establishing specific Māori representation are final and are not subject to poll demands or appeal rights.

13. The Bill clarifies that appeal and objection processes for Māori representation matters such as ward boundaries, names of wards and the number of councillors in each Māori ward are treated the same as for general wards and must be determined by the Local Government Commission.

14. The Bill also provides that binding polls cannot be held on any matters considered by councils in their representation reviews and adjusts the timing of the representation review so that councils have more time for community engagement and decision making as a result of the removal of the poll provisions.

15. Consultation on separate Māori representation is in addition to the formal opportunity for the community to make submissions on the full representation arrangements (i.e. initial and final proposals).

16. Taituarā in their submission to the Bill, has requested that the wording regarding how councils engage Māori and other communities be amended from “in accordance with Part 6 of the Local Government Act 2002” to “in a way that gives effect to section 82 (consultation principles) of the Local Government Act 2002”. It is recommended that this amendment be supported as the Part 6 requirements covers special consultative procedures for decisions such as annual plans and bylaws and it would allow councils to have more flexibility around their engagement process based on the consultation principles set out in section 82 of the LGA 2002.

17. It is recommended that the Council support the changes to the Bill relating to Māori representation and support the amendment proposed by Taituarā.

Tied Elections

18. The Bill also proposes updating the processes for when an election result is tied. This follows some extremely close elections in 2019 where the candidate declared elected after the decision by lot, attended the inaugural council meeting, made a statutory declaration and began their role as an elected member only to be unseated after a judicial recount.

19. This Bill introduces a mandatory recount when election results are tied and allows changes to the sequence of council meetings after recounts and requires councils to wait to have their first meeting until any recounts are complete. The exception is for urgent business that can be conducted without the involvement of any candidates affected by a recount.

20. Amendments to Schedule 7 of the Local Government Act 2002 will enable urgent council business to still be conducted by candidates who are not affected by a recount. The Bill also introduces an alternative to a coin toss if an election is still tied after a judicial recount. In that case, a candidate may withdraw from the contest if they do not want the final result to be decided by lot. Taituarā in their draft submission are suggesting a timeline by which the candidate gives notice of withdraw and are suggesting three days after being advised of the outcome of any recount.

21. It is recommended that these changes be supported.

Electronic Nominations

22. The Bill will enable all candidates to submit electronic nominations and amends the Local Electoral Act 2001 to clarify that all persons may submit their nomination documents in a manner other than “in writing” that has the consent of the electoral officer.

23. Taituarā in their draft submission state that their legal advisers concluded it is unclear whether electoral nominations i.e. scanned and emailed, are considered to be “in writing” for the purposes of the legislation and this needed to be clarified.

24. It is recommended that these changes be supported.

Number of Councillors on Auckland Council and Local Board Boundaries

25. The Bill proposes to change the current restriction on the number of councillors on Auckland Council (currently set at 20 members) and enable more flexibility for the Auckland Council to determine their representation arrangements (between 5 and 29 members), which would align the Local Government (Auckland Council) Act 2009 with the Local Electoral Act 2001.

26. The Bill simplifies the process used to change local board boundaries at Auckland Council.

27. These changes will support Auckland City to adapt its representation arrangements to keep up with population changes over time.

28. There is no recommendation from staff on these matters.

Strategic / Statutory Context

29. The Council may submit on any Bill before Parliament. The Local Government Electoral Legislation Bill is an omnibus bill that amends the following Acts: Local Electoral Act 2001, Local Government Act 2002, Local Government (Auckland Council) Act 2009, Local Electoral Regulations 2001 and the Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001 for consistency with the changes made to the Local Electoral Act 2001.

Options Analysis

30. The Council has the option of submitting or not submitting to the Bill and further has the option of approving the submission or amending the submission.

31. Given the previous input into the DIA discussion document, it is recommended that the Council makes a submission and supports the Bill.

Financial Considerations

32. There are no financial considerations in making a submission

Legal Implications / Risks

33. There are no legal implications or risks in making a submission.

Significance

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

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

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

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

ENGAGEMENT

37. Taking into consideration the above assessment, that the matter is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision. The public can make submissions on the Bill to the Governance and Administration Committee.

Next Steps

38. The submission will be sent to the Governance and Administration Select Committee.

Attachments

1. Tauranga City Council Draft Submission on Local Government Electoral Legislation Bill - A13771923 ⇩

[1] Draft strategic framework report, agenda item 11.7: Council agenda 27 June 2022

[2] Draft Environment Strategy and Draft Inclusive City Strategy, agenda item 11.8: Council agenda 27 June 2022

[3] The workload for the members of SFRC has been set at 25 days per annum, based on the terms of reference, where all submissions/consultation processes (apart from the Long Term Plan and Annual Plan) are theoretically heard and deliberated by this Committee. It is more likely that the workload would not exceed 20 days per annum.

[4] Relativity is calculated on councillors with no additional responsibilities and has been set at 25%. This was calculated at 20% when the SFRC was first established.

[5] The lower fee recommendation recognises that this role has no voting rights.

[6] The changes made to the Local Electoral Act 2001 by the Local Electoral (Māori Wards and Constituencies) Amendment Bill were progressed and enacted under urgency to enable councils to establish Māori wards for the 2022 elections. Other issues were deferred to a later date and are now been addressed through the Local Government Electoral Legislation Bill.


AGENDA Ordinary Council meeting Monday, 5 September 2022
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Monday, 5 September 2022
Time:	9.30am
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

Chairperson	Commission Chair Anne Tolley
Members	Commissioner Shadrach Rolleston Commissioner Stephen Selwood Commissioner Bill Wasley
Quorum	Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd.
Meeting frequency	As required

· To ensure the effective and efficient governance of the City

· To enable leadership of the City including advocacy and facilitation on behalf of the community.

· Oversee the work of all committees and subcommittees.

· Exercise all non-delegable and non-delegated functions and powers of the Council.