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AGENDA
Ordinary Council meeting Tuesday, 7 February 2023 |
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I hereby give notice that an Ordinary meeting of Council will be held on: |
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Date: |
Tuesday, 7 February 2023 |
Time: |
9.30am |
Location: |
BoP 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. |
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Marty Grenfell Chief Executive |
Membership
Commission Chair Anne Tolley |
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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 |
Scope
· The powers Council is legally prohibited from delegating include:
o Power to make a rate.
o Power to make a bylaw.
o Power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan.
o Power to adopt a long-term plan, annual plan, or annual report
o Power to appoint a chief executive.
o Power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.
o All final decisions required to be made by resolution of the territorial authority/Council pursuant to relevant legislation (for example: the approval of the City Plan or City Plan changes as per section 34A Resource Management Act 1991).
· Council has chosen not to delegate the following:
o Power to compulsorily acquire land under the Public Works Act 1981.
· Make those decisions which are required by legislation to be made by resolution of the local authority.
· Authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council.
· Make appointments of members to the CCO Boards of Directors/Trustees and representatives of Council to external organisations.
· Consider any matters referred from any of the Standing or Special Committees, Joint Committees, Chief Executive or General Managers.
· Delegation of Council powers to Council’s committees and other subordinate decision-making bodies.
· Adoption of Standing Orders.
· Receipt of Joint Committee minutes.
· Approval of Special Orders.
· Employment of Chief Executive.
· Other Delegations of Council’s powers, duties and responsibilities.
Regulatory matters
Administration, monitoring and enforcement of all regulatory matters that have not otherwise been delegated or that are referred to Council for determination (by a committee, subordinate decision-making body, Chief Executive or relevant General Manager).
Ordinary Council meeting Agenda |
7 February 2023 |
5 Confidential business to be transferred into the open
6 Change to the order of business
7.1 Minutes of the Council meeting held on 12 December 2022
8 Declaration of conflicts of interest
9 Deputations, presentations, petitions
10 Recommendations from other committees
10.1 Recommendation from other Committee - Strategy, Finance and Risk Committee - 5 December 2022
11.1 Proposed Dual Naming for Rotary Park and Ila Park
11.2 Destination Skatepark - Update to Project Scope and Budget
11.3 Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill
11.4 Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025
11.5 Updated Meetings Schedule 2023
11.6 Submission to Inquiry into 2022 Local Elections
11.7 Emergency Management Response - January Weather Event
13.1 Public Excluded Minutes of the Council meeting held on 12 December 2022
13.2 Update on Maungatapu matters
7 February 2023 |
7.1 Minutes of the Council meeting held on 12 December 2022
File Number: A14365498
Author: Robyn Garrett, Team Leader: Governance Services
Authoriser: Robyn Garrett, Team Leader: Governance Services
That the Minutes of the Council meeting held on 12 December 2022 be confirmed as a true and correct record.
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1. Minutes of the Council meeting held on 12 December 2022
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12 December 2022 |
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MINUTES Ordinary Council meeting Monday, 12 December 2022 |
Order of Business
1 Opening karakia
2 Apologies
3 Public forum
3.1 Mr Liam Dickson and Mr Tamati Tata (for Buddy Mikaere) - Smiths Farm hapū engagement
3.2 Mr John Robson - draft Annual Plan
4 Acceptance of late items
5 Confidential business to be transferred into the open
6 Change to the order of business
7 Confirmation of minutes
7.1 Minutes of the Council meeting held on 28 November 2022
8 Declaration of conflicts of interest 6
9 Deputations, presentations, petitions. 7
Nil
10 Recommendations from other committees. 7
Nil
11 Business
11.1 Te Manawataki o Te Papa - Preliminary design and cost report
11.2 Establishment of a council-controlled organisation to lead the delivery of Te Manawataki o Te Papa projects
11.3 Smiths Farm - Disposal Classification and Hapu Engagement
11.4 Adoption of Council's Strategic Framework
11.5 Executive Report
11.6 Draft Annual Plan 2023/24
11.7 Traffic & Parking Bylaw Amendment 41
13 Public excluded session
13.1 Public Excluded Minutes of the Council meeting held on 28 November 2022
13.6 90 Devonport Road
13.7 Mount North land sale
11 Business (continued)
11.8 2021/22 Annual Report Adoption
12 Discussion of late items
13 Public excluded session (continued)
13.2 Smith's Farm Land - Disposal Strategy. 22
13.3 CBD - Strategic Property Purchase
13.4 Approval to enter into Wairakei Development Agreement
13.5 Trial of a new pavement construction method for a roundabout at Tauriko
14 Closing karakia
MINUTES OF Tauranga City Council
Ordinary Council meeting
HELD AT THE BoP Regional Council Chambers, Regional House, 1 Elizabeth Street, Tauranga
ON Monday, 12 December 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 (Chief Financial Officer), Barbara Dempsey (General Manager: Community Services), Stephen Burton (Acting General Manager: Infrastructure), Christine Jones (General Manager: Strategy, Growth & Governance), Alastair McNeill (General Manager: Corporate Services), Sarah Omundsen (General Manager: Regulatory and Compliance), Gareth Wallis (General Manager: City Development & Partnerships), Mike Naude (Director of Civic Developments), Curtis Bones (Manager: Strategic Property and Commercial Facilitation), Tracey Hughes (Financial Insights & Reporting Manager), Kathryn Sharplin (Manager: Finance), Sheree Covell (Treasury and Financial Compliance Manager), Marin Gabric (Senior Financial Accountant), Jeremy Boase (Manager: Strategy and Corporate Planning), Brendan Bisley (Director of Transport), Coral Hair (Manager: Democracy & Governance Services), Sarah Drummond (Governance Advisor), Anahera Dinsdale (Governance Advisor), Janie Storey (Governance Advisor)
1 Opening karakia
Commissioner Shad Rolleston opened the meeting with a karakia.
2 Apologies
Nil
3 Public forum
3.1 Mr Liam Dickson and Mr Tamati Tata (for Buddy Mikaere) - Smiths Farm hapū engagement |
Key points Mr Dickson noted: · An apology for Buddy Mikaere who was unable to be present at the meeting. · The summary in the report outlined the Ngai Tamarāwaho initial engagement case, noted that the land exchange had been recent, but the first approach was made to Council in November 2015 during LTP considerations when Council declared the land surplus. · If the proposed subdivision had taken place at the time, there would be 300 Tauranga families adequately housed. · Delays by past councils had meant that this far down the track still nothing had been done, when everyone had agreed that Tauranga was facing a housing crisis. · Through the delay period land and house prices had soared while supply chain issues had continued to multiply. · The last hurdle to Ngai Tamarāwaho aspirations was the categorisation of the land as strategic, which allowed the disposal process to bypass the Council’s own right of first refusal policy. It appears that the staff advice on this matter was geared towards there being no physical cultural associations with the land. · This was a narrow approach and Ngai Tamarāwaho was saddened that the hapū interaction outlined in their correspondence apparently counted for little. · Ngai Tamarāwaho agreed with the Council that Smiths Farm was also for the community, but for the first time there was a real tangible benefit for the hapū in terms of a portion of the land being able to be retained by the hapū. · Ngai Tamarāwaho believed that the Council, as a beneficial recipient of past Crown failings, had a moral obligation alongside its internal policies and treaty obligation. Ngai Tamarāwaho had more than met their obligations and it was now time for the Council to meet theirs. · When it came to the question of strategic disposal, agreed the property was of strategic importance; however, they disagreed that it should remove Ngai Tamarāwaho from leading this process. · In every submission to the Council regarding the land Ngai Tamarāwaho had brought key partnerships to the table, initially in 2015 and more recently. · The categorisation of the land as strategic felt like a continuation of a view in this area that Māori were not capable of leading a project of this level of importance in the city; challenged this view. · It Council was calling into question their ability to deliver a housing programme of substance, Ngai Tamarāwaho had ensured, within their development partnerships to date, that they had a cross section of large charitable trusts, impact investors and significant land and housing developers with extensive experience to develop in partnership with iwi and Crown for housing programmes. · Mr Tata noted that he was there to support Mr Dickson’s comments regarding the land acquisition.
Discussion points raised · Commissioner Tolley noted that, during consideration of this issue, there had never been any doubt about the capability of Ngai Tamarāwaho. If Council adopted the recommendation there was nothing to stop Ngai Tamarāwaho from taking part in that process. · A policy was put in place last year that allowed for several threads to run through the land policy, one of which was where Council decided its strategic goals for this piece of land. It was the Council’s desire to achieve its strategic outcomes that drove this process, not trying to avoid the right of first refusal. |
Key points · Mr Robson considered that the Council did not work with ill will, it was more a case of mistakes and lack of ability rather than conspiracy and ill will. The criticisms made today were in the hope that they be taken on board and acted on and for the Council to raise its game. · His concern with this agenda was around the draft annual plan. · Observed that the Executive report made a comment on turnout at the local body election, with no mention that there was a difference with the Tauranga situation and the absence of democracy in Tauranga. · With regard to the idea that Council would not consult on the 2023-24 annual plan, Mr Robson urged Council to reject that staff recommendation and consult. It would not cost a lot of money and he would happily contribute to see consultation take place on the annual plan. · The fact that the Council was under pressure by bringing forward the Long-term Plan (LTP) should not be a reason for justifying a lack of consultation with the community. · Rejected that there was not any significant change in the draft annual plan to what was in the LTP Amendment, as there was an increased Opex budget of 20% and a reduced Capex budget of 20%. These were significant shifts which would impact the community.
· Noted an increase in the budgeted cost for the civic centre, through the relationship with Willis Bond, as well as 400m² of floor area missing. · Consultation was important as a starting point for communication, for the community to have a chance to become fully informed, and for Council to consider the community feedback on its proposed actions and expenditure. · Reiterated his request for consultation on the 2023-24 annual plan. |
4 Acceptance of late items
Resolution CO23/22/1 Moved: Commissioner Shadrach Rolleston Seconded: Commissioner Bill Wasley That the following items be included in the agenda: 13.6 90 Devonport Road 13.7 Mount North land sale Carried |
5 Confidential business to be transferred into the open
Nil
6 Change to the order of business
Nil
7 Confirmation of minutes
Resolution CO23/22/2 Moved: Commissioner Bill Wasley Seconded: Commissioner Shadrach Rolleston That the minutes of the Council meeting held on 28 November 2022 be confirmed as a true and correct record. Carried |
It was requested that a report on the items raised in Mr Kimber’s petition to the 28 November 2022 meeting be provided to the 7 February 2023 Council meeting. |
8 Declaration of conflicts of interest
Nil
9 Deputations, presentations, petitions
10 Recommendations from other committees
11 Business
11.1 Te Manawataki o Te Papa - Preliminary design and cost report |
Staff Gareth Wallis, General Manager: Central City Development Mike Naude, Director of Civic Developments
External Wayne Silver, Willis Bond Verity Judge, Willis Bond Puhirake Ihaka, Chair - Otamataha Trust and Deputy Chair - Te Manawataki o Te Papa Governance Group John Brockies, Chair - Te Manawataki o Te Papa Governance Group
Key points Mr Brockies noted: · The project was very well thought through with a well moderated integrated set of recommendations from the Executive for the next stage of Te Manawataki o Te Papa. · The Governance Group was formed in August 2021 to provide the Commissioners with external governance oversight for the project. · The group works with the vision of the Executive and Willis Bond, making recommendations to the Commissioners on what was to be created in the space. There had been some changes to the scope to include site C. · The Governance Group added to the vision with the topics of engineering, physics and economics, to understand how the civic centre was to be constructed and in what order, while also paying attention to supply chain, logistics, resources, infrastructure etc. · It had been a significant body of work but Council could have confidence there was a solid foundation. · Compliments to the team as it had been a highly collaborative and collegial working environment, including with the external providers. · The commercial dimensions with Willis Bond had been carefully identified, risk managed and worked through so Council could be confident of the quality and value for money of the investment.
Mr Ihaka noted: · It had been important that the Otamataha Trust had been represented on the Governance Group as it had given Trustees a true reflection of the partnership within the city and the way in which the Council operated. · The Trust was happy to be at the table and be involved from the top down to where the real work was done. A section had been inserted in the report on behalf of mana whenua which provided a very short history of who they were and how they participated in the process. · Reinforced that this was a positive partnership which gave the Otamataha Trust the opportunity to ensure that their cultural values and principles were taken into account and considered throughout the project in its entirety. · The Otamataha Trust were at the table in both the governance and operational teams. · The Otamataha Trust had a governance structure made up of Trustees, a Manager/Advisor, and an administrative and operational section. It also consisted of design artists who were skilled artists and carvers that had been drawn upon from their two hapū.
Discussion points raised · Noted that external accountability was a very important part of the design, as there were many things that could happen that could increase costs. · While it was unusual that the four Commissioners were each chairing a steering group, it was a deliberate decision to protect the visions of the different streams of work. · The small difference in cost from the concept to the preliminary design was evidence of the hard work by the Governance Group and the various steering groups to focus on the outcomes that each activity needed. · Noted appreciation for the work done by mana whenua and their contribution to the design, and their commitment to a partnership for this project.
In response to questions · In response to a query what would happen to the Governance Group if a CCO was to be established, Mr Brockies noted that the future of the group would follow a normal life cycle of a project where there were planned intervals to review governance and moderate where necessary. The group could be reshaped in some manner, dissolved or reformed. If a CCO was to be approved, the Chief Executive and team would go through a process to mobilise the CCO and transition it through so that the project momentum was maintained. · Mr Brockies noted that the Governance Group had been through the process of evaluating the designs against the intended purposes of the development and to include a cultural context. The changes made were to give more of an expression to these and expand the concepts to the nearby sites. 90 Devonport Road was connected to the project to ensure the adjacencies were well managed and the flow continued. · A benefit of the partnership with Willis Bond was they had a large team of professional designers from around New Zealand, and brought them into the project with a high level of competency to make the project work for the people and on the design plan. The proposal was well thought through and, while there were still some design issues to work through, the precinct would become the heart of the city and in a much better position than was first envisaged two years ago. · While there were levels of risk with each element of the budget, there were also well thought through provisions for these.
Mr Silver provided a presentation of the timeline and outcome of the project: · Willis Bond had continued to evolve the design to the preliminary stage with costings. · Significant design decisions were made by the Commissioners towards a strong sustainability scheme, so hybrid wood had been included into the buildings where practical. Working towards a 6-star green rating came at a premium and with additional costs, but savings were able to be achieved elsewhere. · There had been 13 organisations and 50 individuals involved in the body of work over the past six months. · Evolution of the master plan included the exhibition building being made broader based on feedback to make it a multipurpose useable space. This had a flow on effect into the sculpture garden with more prominent green spaces in the landscape towards the south of the site and the rejigging of ramping to accommodate the 13m fall between Durham Street and the water’s edge. · The civic whare had been redesigned with a greater prominence of green areas, also as a result of feedback. · The library and community hub area had been expanded slightly and now included an I-site kiosk. · A campus concept theme was adopted and the buildings would be built concurrently and have relationships and synergies with each other. They would also complement and reinforce each other’s purpose. · There were multiple architects working with a high degree of co-ordination with sustainability as a significant feature. Landscaping bound the design together connecting the individual buildings and creating safe engaging spaces for users. · Mana whenua had been involved in the cultural engagement since day one and were working side by side all the way through. A number of local Māori themes would be included on the façade and inside the buildings · A public facing hub had been accommodated within the design, some of the archive space had been rationalised and some of the community hub was now located in the museum building to minimise the space and maximise the use across the campus. · The façade shape and design work was reflective of the water theme running through the site with a number of natural springs, which provided a significant cultural connection to the sea. · The buildings were quite fluid and curvaceous down through the site with the library and community hub having panelised glass panels to become reflective of the natural environment and trees. A Māori motif had been donated to the project and was reflected symbolically throughout the design. The ponga leaf symbolised growth and education. · The Museum and Exhibition centre had been made broader and redesigned at ground level to accommodate the natural land shape and included hybrid timber to achieve a 6 green star rating. Space had been added for exhibitions and community hub activities and the building was a significant feature throughout the site which linked with a clear passageway to Hamilton Street and the carpark. · The Civic Whare was different to that in the original masterplan, but the budget was the same. It was more modern and curvaceous, included an oculus in the roof and had the full support of the Steering Group and mana whenua as it symbolised a physical representation of the partnership that had been embraced. · The civic whare would be the home for the democratic function of the Council as well as a cultural meeting place. It would see the community engaging with the democratic process, provide a venue to host dignitaries and included a Māori stone feature that was able to be touched. · The designs for the civic whare, museum and exhibition buildings were based on natural vessels which would hold treasures on the site and would be seen as floating vessels sitting gently on the site with a façade of terracotta tiles. · The landscape would consist of green spaces, provide for a number of visitors throughout the site and would be planted in native and introduced species. There were stairs and significant ramping installed to provide a safe way to access the steeper areas. · Masonic Park provided an important transition between the waterfront and site A with more green space where people were able to enjoy the terraced space from the Art Gallery to the Strand providing shade and clear access for pedestrians. · Willow Street would be closed off to most traffic. · Cost overview - there had been a 1.8% increase but by using hybrid wood, incorporating the community hub, taking excess spaces out, having the precinct used as a campus to spread uses and not duplicate services, landscape and footpath savings there was an increase of $3.3m in the library and $6m in the exhibition areas which had been offset by other costs. · There had been a rigorous process undertaken to detail the costs and, even with the unprecedented escalation of construction costs, an 18.5% contingency had been retained in the cost. This provided a high degree of comfort with the projection of inevitable cost increases. · The programme had included a 12-month settling period for the museum site following excavation, but this was no longer necessary so construction could commence sooner. · Construction and design were being undertaken at a fast pace - this was challenging and had been labelled as a risk. · Managing the funding was also a risk, with 50% of the funding being sought from other funders and, with the escalation of costs being unprecedented, there were periods of pressure through all the phases. There were a number of construction firms failing at present and there were also a significant number of other projects occurring within Tauranga that were outside Council control. This needed to be managed to ensure the project was protected. · Three architectural firms were being used for the projects to spread the risk. There was risk around continuity, knowledge transfer and consistency with any change of governance. Pressure would also be placed on Council to provide approval to spend ahead of time to procure materials to ensure they were in production for the timing of the works.
In response to questions · In response to a query around the risk of achieving a 6-star rating, it was noted that the current rating was based on the existing green standards and these may change at the time of building; so there was no guarantee of the rating until the building had been completed. There was a clear intent to aim for a 6-star rating and if there was a risk of this not being met it would be reported back to Council.
Discussion points raised · Council, Willis Bond and local mana whenua sitting alongside each other had produced an outstanding design with a vision that would transform the heart of the city. This could be seen already in the private sector with developments starting to take shape. · It was noted the landscape plans currently showed a lot of palm trees, and was requested that the trees in the area where people gathered needed to provide shade while still protecting the sight lines to the moana. · The Art Gallery was a critical part of the whole campus and working with the Gallery to open it up onto Memorial Park was important and needed to be finished first to incorporate the facility into the area. · The wording of recommendation (d) was not clear that the cost to the ratepayer would not exceed $151.5m with any additional costs to be recovered from other sources, and was amended to better reflect that. · Acknowledged the members of the Library, Community and Customer Services Hub Steering Group, which included external experts from organisations involved with archives and the running of libraries, for their input over the past year. Operating the precinct as a campus was a key component and making it a community space would allow for it to operate as one. The rationalising of services was a positive way forward. · Commissioners had listened to the strong feedback from the LTP process to make it this an environmentally sustainable development to set the scene for Tauranga to take a leadership role and enable a greenway connection. There was strong recognition throughout the process of the need to meet operator requirements and ensure that the design would deliver the services. · Credit was given to the design teams for stepping back from the advanced designs and redesigning where necessary. While there was still a long way to go with funding, Commissioners were confident that with the level of expertise brought to the table, funding would be achieved. · The LTPA commitment around the cost, look, feel and shape of the buildings had been taken into account and the environmental benefits gained. · An update report was requested on Site C early in the new year. |
Resolution CO23/22/3 Moved: Commission Chair Anne Tolley Seconded: Commissioner Bill Wasley That the Council: (a) Receives the report "Te Manawataki o Te Papa – Preliminary design and cost report". (b) Notes that at this stage of the design process, the projected cost has increased by $4.5 million compared to the Long-term Plan Amendment budget. (c) Notes that the overall cost estimate will be further refined during the detailed design phase of the programme. (d) Reconfirms that the rate-funded debt would not exceed $151.5m and that the balance needed for the programme of works is subject to funding from sources other than rates-funded debt. (e) Authorises the Chief Executive to enter into a Development Commitment with Willis Bond, to progress the developed and detailed designs at an estimated cost of $21.3 million. (f) Notes that the detailed design will be brought back to Council for approval, prior to entering into a Development Agreement, in accordance with the Tauranga City Council / Willis Bond Partnering Agreement. Carried |
Attachments 1 Te Manawataki o Te Papa - Presentation 12.12.2022 |
Staff Marty Grenfell, Chief Executive Alastair McNeil, General Manager: Corporate Services
Key points · With the civic projects moving from design to construction next year, the CCO would address what Council needed to do to provide assurance that risks were identified and set at the appropriate levels. · Construction risk assurance, value engineering and scope creep were skill sets that were needed to protect the interests of the community. · Continuity was also needed with governance over the lifetime of the projects at all phases. · Feedback from the community indicated they were in favour of specialists being appointed to deliver these projects for the civic centre area and, if a CCO worked well for these projects, it would also work well for other projects. Those against the proposal noted that Council employees should project manage the works and be held accountable for cost overruns. · The executive summary reference to the 14 November 2022 report had an incorrect title and should be ‘the Options for delivery of Te Manawataki of Te Papa development project by a council-controlled organisation”.
In response to questions · The timing for the appointments and establishment of the CCO would take place in the first half of 2023.
· Discussion points raised · The funding decisions from the 14 November 2022 Council meeting were added to recommendation (b) as (i) and (ii). |
Resolution CO23/22/4 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Council: (a) Receives the report "Establishment of a council-controlled organisation to lead the delivery of Te Manawataki o Te Papa projects ". (i) Considers the issues raised by the submitters when determining the scope and terms of reference of the CCO. (i) Agrees to include in the 2023/24 Annual Plan a $700k loan-funded grant and associated ratepayer funded interest and debt retirement charges over a maximum period of ten years.
(ii) Agrees to include in the 2024-34 Long-term Plan process an annual $600k loan-funded grant and, for each such annual loan, associated ratepayer funded interest and debt retirement charges over a maximum period of ten years. Carried |
At 11.23 am the meeting adjourned.
At 11.33am the meeting reconvened.
11.3 Smiths Farm - Disposal Classification and Hapu Engagement |
Staff Christine Jones, General Manager: Strategy, Growth and Governance Curtis Bones, Manager: Strategic Property and Commercial Facilitation
Key points · Approval to be considered for the requirements of the disposal policy and mana whenua engagement. · Following a hui on 15 November 2022 which covered key points for the area, no cultural sites of significance were identified that would result in stopping the land being sold for housing. Mana whenua raised a request to allow them to purchase the land on commercial terms. · The recommendation for disposal was to progress on the open market. · Correction - classification 26 - the recommendation should be option 1 not option 2 and at the end option 2 should be option 1.
Discussion points raised · Acknowledged the Ngai Tamarāwaho presentation made earlier in the meeting and noted that they were sorry that the decision was not made seven years ago or there would have been houses already there. · Noted that Ngai Tamarāwaho deserved recognition for not wanting a hand out and for looking at purchasing the land on commercial terms. Council had strategic objectives to contribute to the housing trust concept of perpetual funding for houses to be able to be constructed and maintained, which was a significant departure to what had been put to Council in the first place. There was nothing to hold the hapū back from taking part in the process. |
Resolution CO23/22/5 Moved: Commissioner Bill Wasley Seconded: Commissioner Stephen Selwood That the Council: (a) Receives the report "Smiths Farm - Disposal Classification and Hapu Engagement". (b) Considers the requirements of the Property Acquisitions and Disposal Policy have been satisfied insofar as it relates to Mana Whenua Engagement. (c) Classifies the divestment of the Smiths Farm SHA site as a Strategic Disposal under the Property Acquisitions and Disposal Policy, with the strategic objectives of: (i) Enabling housing development at the earliest opportunity (ii) Delivering medium density residential development with a mix of housing typologies, and a mix of affordable and market housing (iii) Providing a range of housing tenure and ownership arrangements. (iv) Maximising the financial return from the market housing to enable reinvestment into affordable housing outcomes. (d) Progresses the disposal of the Smiths Farm site via an open market process; and advises Ngāi Tamarāwaho hapū that Council will not enter into a direct exclusive negotiation with the hapū and that the hapū can participate in the open market process. Carried |
Staff Christine Jones, General Manager: Strategy, Growth and Governance Jeremy Boase, Manager: Strategy and Corporate Planning
Key points · The strategic direction was approved for consultation and reported in September 2022, and with the feedback received, was to be brought back for formal approval. · The document was a point in time and would continue to be reviewed. · A summary document in shorter form would be used as a base document and be included on the website. · An action and investment plan would be completed and reflected into the 2023-24 LTP.
In response to questions · Staff were working through the issues and the final report was forthcoming. · It was requested that it be made clear that the annual review was not carried out each year but was linked to the LTP and updated every 3 years.
Discussion points raised · The summary commentary around underinvestment and addressing the issues around community amenities and planting of trees was an important translation for the community and other groups to understand. · Key projects where the community could hold the Council accountable needed to be given clear KPI’s as part of the LTP - e.g. housing statistics. Important how these projects were put into the plan to give the community a clear idea of what the pathway looked like to achieve the goals. |
Resolution CO23/22/6 Moved: Commissioner Bill Wasley Seconded: Commissioner Shadrach Rolleston That the Council: (a) Receives the report "Adoption of Council's Strategic Framework". (b) Adopts Our Direction – Tauranga 2050 (Attachment 1), summarising Council’s strategic framework and high-level direction which guide Council’s decision-making on future investment and delivery for our communities. (c) Delegates the General Manager: Strategy, Growth & Governance to approve minor amendments if required prior to publication. (d) Notes the proposed next steps for the strategic framework refresh project. Carried |
Staff Marty Grenfell, Chief Executive Stephen Burton, Acting General Manager: Infrastructure Services Barbara Dempsey, General Manager: Community Services Paul Davidson, Chief Financial Officer Christine Jones, General Manager: Strategy, Growth and Governance Alastair McNeil, General Manager: Corporate Services Sarah Omundsen, General Manager: Regulatory and Compliance Gareth Wallis, General Manager: Central City Development
Infrastructure Services Key points · A summer waste campaign was being promoted to keep track of the kerbside collections throughout the holiday period when there were more materials recycled. · New diversion options had been introduced for items such as batteries, e-waste, untreated timber with a significant number being diverted from going to landfill. · Waiāri water project had been commissioned and the plant was able to be activated shortly to bring water to the city. · TCC had been one of the first Councils to submit National Water Safety plans and the team were assisting neighbouring authorities to understand the requirements needed to develop their plans. · With the spatial planning around intensification in Te Papa, the Western Corridor and Waterside, staff were creating more resilient three water systems to handle the growing population. Stormwater management plans were prepared to deal with future flooding challenges and the quality of run off was also aligned with this work. The projects would feed into the LTP review.
In response to questions · Stormwater quality and management was undertaken in any upgrade works being carried out and were also sought out at other times where the opportunity arose. · Staff were engaging with mana whenua, residents and the wider community with regards to the Te Papa and Tauranga West stormwater plans. With the challenge of transitioning to the new three waters entity, it would be made clear that the city would be the plan makers and the entities would be plan takers. · It was noted that future reports needed to include wider outcomes analysis whether TCC was delivering on KPI’s - e.g. was congestion getting better or not, were the roads safer, was there more or less carbon, how many houses were being delivered, were they meeting the market need and addressing affordability, were people enjoying the amenities provided etc. · It was noted the report was a snapshot of the activities rather than tangible measures across LTP metrics; it was important to tell the story of the progress being made.
Discussion points raised · Congratulations to the staff for the summer waste initiatives, especially following the amount of feedback received during the last holiday period. A report was requested in the new year on how these initiatives went and to monitor and assess whether TCC had done enough, particularly around public spaces. · Te Maunga Transfer station development design was raised at the final Bay of Plenty Mayors and Chairs forum in October 2022, and staff liaison with other councils was requested to ensure a regional perspective, especially regarding industrial waste. The Chief Executive noted that he would follow up that issue.
Community Services Key points · The first accessible changing facility in Tauranga had been completed which allowed more people the opportunity to undertake events and join in with family life. · LIMs - with a new Bill possibly considering changes to LGOIMA requirements, staff would be able to make changes to the information currently provided.
In response to questions · Artwork was still to be carried out on the Eden Crescent Connection and the blessing to open it would be held once this had been completed.
Discussion points raised · Congratulations to staff with the recent moving of the Coronation toilets - it was speedy, well done and much needed prior to the cruises commencing. · Congratulations on the recent launch of the Western Bay of Plenty homeless and housing dashboard which provided an insight into the makeup of the city and useful household data across the city. · The Migrants Pōhiri day partnering with Ngai Te Rangi and the multicultural community within Tauranga was a success. · A recent citizenship ceremony was held for 70 people from 22 different countries, and another would be held this week for a further 120-130 people, It was a sign of the number of people becoming citizens and coming from all over the world to make Tauranga their home.
Chief Financial Officer Key points · Airport activity - flights were up from pre-covid times and the carparking was progressing. There was a change to the taxi throughway which had not caused any disruption.
In response to questions · The carparking development at the airport was expected to be completed in the first half of next year. · The tender for the Marine Research and Education facility would be out in January 2023; this development would be closely aligned with the Sulphur Point master plan.
Strategy, Growth and Governance Key points · The Greerton Maarawaewae study and consideration of submissions would be deferred until the broader work had been done by the NZ Thoroughbred Racing Authority and an assessment was completed around the city’s health needs. A further report on how this was progressing would be provided in the first quarter of next year.
In response to questions · Staff would reengage with the golf club regarding their future needs so that they could be given some certainty at this early stage without compromise.
Discussion points raised · Acknowledgement for the work being done with iwi and the health sector especially regarding the Waiāri plant commissioning.
Corporate Services Key points · There had been a huge media up-kick with the recent Prime Minister’s visit and then down again with the elections. · The digital global supply reality technology was being trialled on a small scale for a playground in conjunction with the Takawaenga unit.
Discussion points raised · Acknowledgement of the virtual reality initiatives and the kiosk at the bottom of Wharf Street as new ways to connect with the community.
Regulatory and Compliance Key points · Building consents this year were 15% of what they were last year. Information would be provided in the future on how many houses were being built and completed. · There was now a five-day turnaround for consents with the expert panel working well. · The Alcohol Licencing team was processing the licences sought for the holiday period. · Funding had been received from MBIE to transition to the new freedom camping rules. · Good feedback had been received on the “Bark in the park” event and the event would be provided again.
In response to questions · The build for the new dog pound would commence in the new year, and an invitation would be issued to the Commissioners to visit the facility once it had been completed. · The consents team was working on options with regards to complex consents and the access to training to ensure that they were graded appropriately for the work they undertook. Work was also internally peer reviewed to ensure all aspects were covered off. · A number of staff were subject to abuse and needed to be protected. A programme would be carried out next year to empower staff on “this is our job” and appropriate behaviour expectations. This would also strike a balance in terms of staff wellbeing.
City Development and Partnerships Key points · Staff were monitoring where people were now parking, with part of the plan to remove parking at key locations; this was due to be signed off with the transport team. Also being considered was how to deal with parking needs as the developments progressed as there could be up to 200 trade vehicles needing parking near the sites on which they were working. · The first tranche of Better Off funding had been provided towards the Te Manawataki o Te Papa projects. · $1.5m funding had been received from TECT for the destination skatepark at the Mount; which meant the skatepark could now be built to a better design than originally planned. · The KiwiRail underpass work would be completed between 4-6 January 2023, realising stage 1 of the Memorial Park walkway. · One on one stakeholder engagement was being undertaken with residents and landowners in the area from Tunks Reserve to Memorial Park. Engagement had been held with 50% of the owners with some great feedback being received on where the focus should be. Information on this would be provided in the new year.
Discussion points raised · The message received from TECT trustees wanting to work towards a collaborative approach with Council was appreciated, as was the positive message for other projects planned in the future.
Discussion points raised · Concern was noted that the hoardings on the Craigs Investment site had been left blank and could become a target for graffiti. |
Resolution CO23/22/7 Moved: Commissioner Shadrach Rolleston Seconded: Commissioner Bill Wasley That the Council: (a) Receives the "Executive Report". Carried |
At 12.44pm the meeting adjourned.
At 1.29pm the meeting reconvened.
Staff Paul Davidson, Chief Financial Officer Tracey Hughes, Financial Insights & Reporting Manager Kathryn Sharplin, Manager: Finance
Corrections were noted to Report 11.6 recommendations (g), (h) and (i). · The amended recommendations (g)and (h) recognised that the increase in commercial differential was to fund a 50% share of the transportation activity by the commercial rating category. As noted in the report, this resulted in a general rate differential of 2.1:1 and a targeted rate differential of 5.2:1 · The amended recommendation (i) was to correct the date from which the new revaluation would apply to 1 July 2024 not 1 July 2023. Revised Recommendations (g) to (i): (g) Confirms the increase in commercial differential on the general rate so that the commercial rating category funds 50% of the transportation activity rates requirement. (h) Confirms the increase in commercial differential on the transportation targeted rate so that the commercial rating category funds 50% of the transportation activity rates requirement. (i) Agrees to move the city’s revaluation into 2023-24 financial year to apply from 1 July 2024, from the currently programmed 2024-25 financial year. Key points · The operational funding proposed to be loan rather than rates funded was the civic costs and aspect of transportation expenditure to bring road marking up to standard and extend the structure planning over five years to 10 years as noted in the recommendations. · Reworded recommendations noted the changes of the commercial differential to reflect the commercial sector paying 50% of the transport activity and also to bring forward the revaluation from three-year rolling. One of the reasons for this was Auckland Council having moved to a revaluation timeframe the same as TCC which created shortages of capacity. It also took staff time so was prudent to have revaluation done in line with the proposed timeline.
Discussion points raised · It was important that the Commission reflected on the report in a considered manner. The annual plan was considered business as usual with the direction already set in the LTP. Much was focused on the development of the civic site which also reflected the LTPA, with no changes from the conversations that had been had with community during the setting of those plans. What had changed was the cost of inflation and interest rates which may impact on the capex works included in the LTP. The community needed certainty that the LTP was not changing and it was business as usual. The time for different conversations would be in the next LTP and Commissioners were confident there was no need to consult on the annual plan. · It was noted that they did not want to over-consult with the community and run the risk of losing engagement with the community. There was a need to focus more on delivery than consultation. |
Resolution CO23/22/8 Moved: Commission Chair Anne Tolley Seconded: Commissioner Stephen Selwood That the Council: (a) Receives the report "Draft Annual Plan 2023/24". (b) Endorses the Annual Plan draft budget for capital and operations as summarised in Attachment A – Operational, and Attachment B – capital, including new areas of capital expenditure. (c) Notes the draft annual plan indicates an overall total rates increase (including water charges) of 7.1%, that equates to a median residential rates increase (excluding water) of 8.7% and a median commercial rates increase of 17%. (d) Notes the draft annual plan leads to a revised closing net debt figure of $1.1b (e) Agrees to loan funding of the following identified operational expenditure based on this expenditure providing a benefit across multiple years, accompanied by debt retirement commencing in the following year and recovered over a period of ten years: (i) Civic project operational costs $1.5m (ii) Increase in expenditure to bring road marking up to level of service standard $1.4m (f) Agrees to the extension of debt retirement of existing loan funded opex to be recovered over ten years for existing structure and other planning. (g) Confirms the increase in commercial differential on the general rate so that the commercial rating category funds 50% of the transportation activity rates requirement. (h) Confirms the increase in commercial differential on the transportation targeted rate so that the commercial rating category funds 50% of the transportation activity rates requirement. (i) Agrees to move the city’s revaluation into 2023-24 financial year to apply from 1 July 2024, from the currently programmed 2024-25 financial year. (j) Notes that local authorities need only consult on annual plans that include significant or material differences from the content of the long-term plan. (k) Decides not to undergo consultation for the Annual Plan 2023-24. Carried |
Staff Brendon Bisley, Director of Transport
Key points · The amendment was to legitimise the changes for the bus lanes on Links Avenue, to consider a request from Arataki School to allow parking on berms for safety and to temporally transfer the Dive Crescent carpark onto council land while the upgrade work was being done.
Discussion points raised · Noted the compromise for Links Avenue to reopen it at various times while restricting it for safety, and maintaining through a seven-day period. The Panel was trying to find certainty of what Links Ave might look like in the future. There would likely be compromises all round to achieve a long-term solution; hopefully Bay Link (B2B) would come to a conclusion. |
Resolution CO23/22/9 Moved: Commissioner Bill Wasley Seconded: Commissioner Shadrach Rolleston That the Council: (a) Receives the report "Traffic & Parking Bylaw Amendment 41". (b) Adopts the proposed amendments to the Traffic and Parking Bylaw (2012) Attachments as per Appendix A, relating to minor changes for general safety, operational or amenity purposes, to become effective on or after 13 December 2022 subject to appropriate signs and road markings being implemented. Carried |
Resolution to exclude the public
Resolution CO23/22/10 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:
Carried |
11 Business (continued)
The meeting moved out of public excluded session and resumed in open session for the following report.
Staff Paul Davidson, Chief Financial Officer Sheree Covell, Treasury and Financial Compliance Manager Marin Gabric, Senior Financial Accountant (Compliance & External Reporting) Kathryn Sharplin, Manager: Finance Jeremy Boase, Manager: Strategy and Corporate Planning
External Anton Labuschagne - Audit NZ Clarence Susan - Audit NZ
The Audit report was tabled.
Key points · Final annual report provided for adoption. It had been provided to the Strategy, Finance and Risk Committee and reflected the changes in terms of the overall financial result of the Council.
In response to questions · In response to a query as to whether the 37% non-financial performance measures that were not achieved were similar to other metro cities, it was noted that much of the result was impacted by Covid. Staff would review other similar local authorities and report to the next Strategy, Finance and Risk Committee meeting.
· Some of the targets were mandatory measures and along the lines of other Councils, but some set different targets for different activities. · It was noted that reporting on the top 25 may be a more relevant and meaningful report; this would be considered by staff. |
Resolution CO23/22/11 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Council: (a) Receives the report – 2021/22 Annual Report Adoption Carried |
Clarence Susan and Anton Labuschagne noted: Key points · The overall unqualified emphasis of the matter of total disclosure around three waters may change if consent was given to legislation. · The financial results focus on revaluations with a $451m movement in roading and other assets being highlighted as a significant risk. Council had set its own targets and with the next LTP it would be meaningful to look at these targets to assess where the spending was for better outcomes. · Expressed appreciation to the finance team - there was a lot of pressure and work undertaken to provide the report this late in the year. · There had been a fair value assessment of the three waters with the Council having a good process working with valuers, and rates were in line with where the market was heading. · Audit agreed with the result for the financial statements. · Finance and other staff across the organisation had been responsive and positive to audit queries for financial and non-financial information. |
Resolution CO23/22/12 Moved: Commissioner Stephen Selwood Seconded: Commissioner Bill Wasley That the Council: (b) Receives the Audit NZ report on Tauranga City Council’s Annual Report 2021/22 (c) Adopts the Audited Tauranga City Council Annual Report 2021/22 pursuant to the provisions of the Local Government Act 2002 (d) Authorises the Chief Executive to make any necessary minor numerical, drafting or presentation amendments to the Annual Report 2021/22 prior to final printing. (e) Notes the audited summary Annual Report will be published using summarised material from the approved annual report. Carried |
Attachments 1 Tabled - TCC - Local authority and group unmodified audit opinion |
Nil.
13 Public excluded session (continued)
Resolution to exclude the public
Resolution CO23/22/13 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:
Carried |
Commissioner Shad Rolleston closed the meeting with a karakia.
The meeting closed at 3.19 pm.
The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 7 February 2023.
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CHAIRPERSON
7 February 2023 |
10 Recommendations from other committees
10.1 Recommendation from other Committee - Strategy, Finance and Risk Committee - 5 December 2022
File Number: A14268556
Author: Ruth Woodward, Team Leader: Policy
Chris Quest, Team Leader: Risk
Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. The purpose of this report is to bring a recommendation from the Strategy Finance and Risk Committee to Council for consideration. At its meeting on 5 December 2022, the Committee passed the following resolution which includes a recommendation to Council (e) below:
That the Strategy, Finance and Risk Committee: SFR13/22/5
(a) Receives the report “Integrity Framework Policies”.
(b) Adopts the revised Protected Disclosures (Protection of Whistleblowers) Policy and Procedure.
(c) Adopts the revised Fraud Prevention and Management Policy.
(d) Adopts the revised Risk Management Policy.
(e) Recommends to Council that it amends the Strategy Finance and Risk Committee Terms of Reference (B2 Risk Management) to reflect the decisions made in the revised Risk Management Policy and remove ‘Framework and Strategy’ so they read ’Review, approve and monitor the implementation of the Risk Management Policy, including the Corporate Risk Register’.
2. In accordance with the Committee recommendation (SFR13/22/5) (e) Council are now asked to amend the terms of references for the Strategy Finance and Risk Committee to reflect the decisions made in the revised Risk Management Policy.
That the Council: (a) Receives the report Recommendation from other Committee - Strategy, Finance and Risk Committee - 5 December 2022. (b) Amends the Strategy Finance and Risk Committee Terms of Reference (B2 Risk Management) to reflect the decisions made in the revised Risk Management Policy and remove ‘Framework and Strategy’ so they read ‘Review, approve and monitor the implementation of the Risk Management Policy, including the Corporate Risk Register’ with immediate effect. |
7 February 2023 |
11.1 Proposed Dual Naming for Rotary Park and Ila Park
File Number: A14215298
Author: Nick Lynch-Watson, Open Space & Community Facilities Planner
Authoriser: Barbara Dempsey, General Manager: Community Services
Purpose of the Report
1. To request approval to dual name Rotary Park by adding the name Ōpūpū and dual name Ila Park by adding the name Te Papa Tākaro o Tongaparaoa in accordance with Council’s Naming Policy 2020.
That the Council: (a) Receives the report "Proposed Dual Naming for Rotary Park and Ila Park". (b) Approves the name “Ōpūpū” to be added to Rotary Park as a dual name. The full reserve name will be Ōpūpū – Rotary Park. (c) Approves the name “Te Papa Tākaro o Tongaparaoa” to be added to Ila Park as a dual name. The full reserve name will be Te Papa Tākaro o Tongaparaoa – Ila Park.
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bACKGROUND
2. Tauranga City Council (“Council”) adopted a revised Naming Policy in May 2020. The policy encourages locally significant Māori names for streets, reserves, community facilities and other public places in Tauranga and to enable greater visibility of mana whenua connections to Tauranga. Since adoption of the policy, Council staff have placed greater emphasis on identifying and promoting historically and culturally significant names in our public places.
3. Council’s Naming Policy supports the dual naming of streets, reserves, community facilities and other public places where dual naming will make visible mana whenua connections to place. Council is responsible for all decisions to approve or decline requests to rename or dual name existing streets, reserves, community facilities and other public places.
Discussion
4. In November 2021 the Principal of Te Kura o Maungatapu/Maungatapu School submitted a request to Council requesting additional signage and recognition of the original names of two nearby reserves being Rotary Park (Ōpūpū) and Motuopuhi (Rat Island). The request included a large number of letters from senior students requesting the change and outlining the historical and current significance of these areas. The dual naming of Rotary Park was also proposed by mana whenua when the reserve was upgraded in 2018. The design elements of this upgrade are based on the historical use of the site as one for foraging and fishing.
5. Motuopuhi already bears its original name with ‘Rat Island’ often referred to also.
6. The Ngāti He Hapū Management Plan refers to Ōpūpū as follows; the Ōpūpū Pa site overlooks Rotary Park and sits in the middle of Te Marie Pa to the north and the Te Puru Pa site to the west on the shores of te tahuna o Tetehe. This central Pa site is orientated to the south-east and faces the Ranginui Pa across the tahuna with Kopukairoa in the background. Ngāti He as mana whenua have been engaged in this request and are in full support of the dual naming proposal for this culturally significant site.
7. The Tauranga Reserve Management Plan 2019 contains a management statement to “enable the dual naming of the reserve to reflect the historical and cultural heritage”. The pa site and surrounding area is a registered archaeological site covering a large part of the reserve.
8. The park was named after the Rotary Club of Tauranga who have supported the development of the park and have been involved in significant tree planting on the site. The Rotary Club support the dual naming proposal and wish to remain an active partner in the future development of the park and recognition of its history.
1. Te Papa Tākaro o Tongaparaoa – Ila Park
9. Council has recently started physical work on a project to upgrade and enhance Ila Park in Hairini. The upgrade will include a new play area, toilet, paths, and cultural designs that tell the story of the history and significance of the area. The park is due to re-open in early 2023.
10. The park upgrade and design has been done in collaboration with local hapū Ngāi Te Ahi, Ngāti He and Ngāti Ruahine. As part of this collaboration the three hapū have requested the park be dual named as Te Papa Tākaro o Tongaparaoa – Ila Park.
11. Tongaparaoa refers to the name of the Māori block originally settled by tangata whenua. The land was subsequently confiscated following the battles of Pukehinahina and Te Ranga. Tongaparaoa was a settlement that provided an abundance of food from the Waimapu Estuary and was the breeding grounds of the tuna and many other bird and fish species. Today, this has been consumed by roading and housing development.
12. Te Papa Tākaro o Tongaparaoa rekindles this concept of the ‘once was’ environment and cultural presences into the playground area and creates a learning and fun area for the children and families accessing the park.
13. While history of the Ila Park name is not widely available, the park was named after former landowner Ila Harris, married to Russel Harris whose decedents still reside in Tauranga. Ila Harris was a resident and a strong community worker within the area.
Strategic / Statutory Context
14. The request and recommendation align well with all Purpose and Principal statements in Council’s Naming Policy 2020.
15. For dual naming requests, the Naming Policy specifies that “Council supports the dual naming of streets, reserves, community facilities and other public places where dual naming will make visible mana whenua connections to place.”
16. Mana Whenua, Te Kura o Maungatapu and the Rotary Club of Tauranga have been engaged in the two dual naming proposals and provide their full support. This level of engagement is in keeping with clause 5.1.2 of the Naming Policy,
2. “In order to recognise the significance of names provided by mana whenua, Council does not consult on names proposed by mana whenua for the purposes of obtaining wider community approval.”
17. Councils Naming Policy was adopted on 5 May 2020 following a public and stakeholder engagement process.
next steps
18. If approved, reserve signage will be updated, and the dual names formally recognised on supporting documents and records. The re-opening of Te Papa Tākaro o Tongaparaoa – Ila Park will include the new name and cultural references to the history of the site.
19. Council staff with work with Ngāti He, Te Kura o Maungatapu and the Rotary Club of Tauranga to investigate ways of further recognising the history and identity associated with Ōpūpū including enhanced signage and information as requested by the students.
Nil
7 February 2023 |
11.2 Destination Skatepark - Update to Project Scope and Budget
File Number: A13772080
Author: Amanda Davies, Manager: Community Amenity Programme Delivery
Authoriser: Barbara Dempsey, General Manager: Community Services
Purpose of the Report
1. The purpose of this report is to approve an updated project budget of $3,610,081 for the Destination Skate Park, which includes the 62% external funding that has been secured by the project team.
That the Council: (a) That council receives the report “Destination Skatepark – Update to Project Scope and Budget” (b) Approves the updated project scope to proceed with construction of Option B (c) Approves an updated project budget for the construction of Option B of $3,610,081. Which includes 62% external funding to a value of $2,211,217. (d) Approves a council contribution of $1,398,863.76. This includes an additional Council contribution of $375,863 for project contingency to deliver Option B (e) Approves the allocation the updated total project budget to the following financial years - $1,083,024.36 for FY 23 and $2,527,056.83 for FY 24
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Executive Summary
2. On 27 June 2022, during the adoption of the Annual Plan 2022/23, Council approved a budget of $2.05 million for the development of a destination skate park. This funding was approved on the basis that up to 50% of external funding contributions would be sought.
3. The skate park will be located on the corner of Hull Road and Maunganui Road, opposite Mount New World.
4. The skatepark design (attachment 1) has been shaped through a truly collaborative process with a Community Design Group, consisting of 24 members of the community. The design maximises the full use of the site and is designed with park amenities to be a place where people will want to come and stay, as opposed to being purely a technical skatepark for roller users.
5. The skatepark has been designed into ‘zones’ to define skate experiences as well as provide an opportunity to stage investment to align with current project budgets. From a deliverability/investment aspect there are three options:
a. Option A – delivers four skating experiences in Zone 1 with an estimated cost of $3.3M
b. Option B – delivers six skating experiences in Zones 1 and 2 with an estimated cost of $3.6M, or
c. Option C – delivers all skating experiences in all Zones (1-4) with an estimated cost of $4M
6. After consultation with the skatepark community design group, Option B (subject to external funding) was identified as the preferred option as it provided the best outcome in terms of the range of skate experiences offered by the facility for the project budget.
7. The project attracted a positive reception from external funding partners which gave Council the opportunity to seek funding to deliver Option B. The following grants have been awarded:
a. the New Zealand Community Trust (NZCT) approved funding of $459,370 on 22 September 2022
b. TECT approved funding of $1,023,000 on 26 October 2022
c. Lotteries approved funding of $528,847 on 19 December 2022
d. Project Tauranga funding of $200,000
8. As a result of the successful funding applications the project budget for the destination skatepark needs to be updated to of $3,610,081. This includes the 62% external funding that has been secured by the project team.
9. The council contribution as part of the destination skatepark would be a total of $1,398,864 an increase of $374,987.
BACKGROUND
10. During Long Term Plan (LTP) engagement, Council has received numerous requests to improve, invest and expand our skating facilities. Our existing facilities are generally small in area and outdated in what they offer users.
11. The demand for larger and more modern skating facilities has increased in line with the rising popularity and profile of the sports.
12. In October – November 2021 council surveyed wheel spinning user groups such as skaters, scooters, trick BMX and other roller groups to help inform ‘why and where you skate’ and ‘what makes a good skatepark’.
13. Council received 517 responses supporting the development of additional roller sports facilities in the city. People were also asked for their interest to be part of a Community Co-Design Group to help form up what the skatepark would look like. Over 250 people put their hands up to participate. From this 250, 24 people representing different modes of roller sports and demographics formed the Community Design Group.
14. Funding for the design and development of the skatepark project was formally approved on 27June 2022, during the adoption of the Annual Plan 2022/23, Council approved a budget of $2.05 million for the development of a destination skate park. This funding was approved on the basis that up to 50% of external funding contributions for any skatepark development would be sought.
15. The Community Design Group had a series of workshops to feed into the design of the skatepark facility. The technical design of the skatepark offers something for all ages and abilities and key features will allow for the progressing of skating abilities as well as catering for roller modes. Stand out features of the skatepark will include a flow bowl, a surf/skate ditch and competition style stairs and a street skate area.
16. The Park also provides a cohesive and quality environment that encourages users (and their friends and family) to stay and enjoy the public open space. Seating, BBQ areas, and other park amenity will take advantage of the best vantage points to watch the activity in the skatepark.
17. The Destination Skatepark will provide an inclusive and accessible facility for Tauranga that attracts a wide range of demographics, gender, and backgrounds. It will encourage users to be active, creative and to have fun in a suitable outdoor environment, which will have physical, mental and social benefits for the community.
STRATEGIC/STATUTORY CONTEXT
18. The destination skatepark project is a key initiative that will enable us to meet our community outcomes of a city that is, “well-planned with a variety of successful and thriving compact centres, resilient infrastructure, and community amenities” and one that, “values our natural environment and outdoor lifestyle, and actively works to protect and enhance it.
OPTIONS ANALYSIS
19. The total funding package for the Skatepark for the three construction options is outlined in the table below., with Option B is the recommended option based on the current budget external funding contributions.
|
Option A – Zone One Only ($) |
Option B – Zone One and Two ($) (Recommended) |
Option C – Zone 1 – 4 ($) |
Total Construction Cost (inclu Contingency) |
3,313,079 |
3,610,081 |
4,031,661 |
|
|
|
|
Less- External Funding Confirmed |
|
|
|
TECT Funding |
1,023,000 |
1,023,000 |
1,023,000 |
Lotteries |
528,847 |
528,847 |
528,847 |
NZCT |
459,369 |
459,369 |
459,369 |
Project Tauranga |
200,000 |
200,000 |
200,000 |
|
|
|
|
Less - TCC Contribution (AP 23) |
1,023,877 |
1,023,877 |
1,023,877 |
|
|
|
|
Additional TCC Contribution required |
77,985 |
374,987 |
796,567 |
Comment |
· Option A enables the construction of the flow bowl and total of four stake experiences · A total of 67% external funding. The additional budget of $77,985 is comprised of project contingency · Able to construct zones 2 - 4 as part of future park development |
· Option B enables the construction of the flow bowl and street skate area total of six stake experiences which provides a good user experience · Favoured option from community design group based on budget and stake options · A total of 62% external funding. The additional budget of $374,987 is comprised of the project contingency · Able to construct zones 3 and 4 as part of future park development
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· Option C enables the construction of the full skatepark design · A total of 55% external funding. The additional budget of $796.567 is comprised of the project contingency
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Figure 1 – Skatepark Zoning
Financial Considerations
20. Financial considerations are detailed in the options analysis above.
Legal Implications / Risks
21. Legal considerations and risks are detailed in the options analysis above.
Consultation / Engagement
22. Consultation on this project was undertaken during the Annual Plan 2022/2023 process.
Significance
23. 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.
24. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
a. the current and future social, economic, environmental, or cultural well-being of the district or region
b. any persons who are likely to be particularly affected by, or interested in, the decision.
c. the capacity of the local authority to perform its role, and the financial and other costs of doing so.
25. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the decision is of low significance.
ENGAGEMENT
26. Taking into consideration the above assessment, that the decision is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
27. Once the updated project scope and budget has been confirmed, the project team will commence preparation for construction of the skatepark commencing in March/April 2023.
1. 1327
Tauranga SP P3 - Developed Design (3) - A14359970 ⇩
7 February 2023 |
11.3 Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill
File Number: A14346165
Author: Jane Barnett, Policy Analyst
Nigel McGlone, Manager: Environmental Regulation
Authoriser: Sarah Omundsen, General Manager: Regulatory and Compliance
Purpose of the Report
1. To seek direction and approval for council’s submission to the Sale and Supply of Alcohol (Community Participation) Amendment Bill.
That the Council: (a) Receives the report "Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill". (b) Approve the Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill in Attachment 1 to the Justice Select Committee. (c) Authorises the Chief Executive to make any necessary minor drafting or presentation amendments to the submission prior to it being submitted to the Justice Select Committee. (d) Notes that a report to the Strategy, Finance and Risk Committee will recommend that decisions on the revised draft Local Alcohol Policy be delayed until after the Amendment Act comes into force. |
Executive Summary
2. Public submissions on the Sale and Supply of Alcohol (Community Participation) Amendment Bill (the Bill) are open until 12 February 2023. The Bill aims to improve communities’ ability to influence alcohol regulation in their area.
3. It is recommended that Council submit on the Bill because of the implications the Bill has on the review of Council’s Local Alcohol Policy (LAP).
4. Given the uncertainty now there is the Bill, it will be recommended to the Strategy, Finance and Risk committee that they await an amendment to the statutory regime before making decisions on the revised draft LAP.
Background
5. At its meeting on the 17 November 2022, the Strategy, Finance and Risk Committee amended the timeline for the LAP review to deliberate on submissions in March 2023 instead of December 2022. This revised timeline allowed for the Bill to be in place for consideration.
6. The Bill has now been introduced to Parliament and had its first reading on 13 December 2022. Submissions on the Bill are due on 12 February 2023.
The Sale and Supply of Alcohol (Community Participation) Amendment Bill
7. The Bill aims to improve communities’ ability to influence alcohol regulation in their area by making targeted changes to the alcohol licensing process provided for in the Sale and Supply of Alcohol Act 2012 (the Act). Proposed changes include:
· amending the Act so that parties can no longer appeal provisional local alcohol policies
· allowing district licensing committees (DLCs) to decline to renew a licence if they consider that the licence would be inconsistent with conditions on location or licence density in the relevant LAP
· changing who can object to licensing applications.
· changing the way that licensing hearings are conducted.
8. Currently under the Act, people with a greater interest than the public generally (s 102 (1)) can object to licence applications and renewals. In practice this has been narrowly interpreted by DLCs, the Alcohol Regulatory and Licensing Authority (ARLA) and courts. This has resulted in objections by individuals and organisations concerned about alcohol harm in their communities being dismissed.
9. The Bill proposes to change this by allowing anyone to object to an application, whether as an individual or representative of a group or organisation. However, objections by trade competitors would be restricted – they would only be able to object to an application if they are directly affected by the application in a way that does not relate to trade competition. This aligns the ability to object with the RMA. The Bill also proposes provisions to help DLC’s manage the volume of objections and appearances at licensing hearings.
10. Currently, some licensing hearings can be legalistic and adversarial and often result in poorly resourced participants being disempowered and disadvantaged. The Bill proposes to change how licensing hearings are conducted so that hearings;
· are conducted without unnecessary formality; and
· do not permit those who appear at hearings to question any party or witness; and
· do not permit cross-examination; and
· can be conducted by phone, audio-visual link, or other remote access facility, if that is appropriate and the facilities are available.
Draft submission
11. A draft submission to the Bill is set out in attachment one. The submission supports the intent of the Bill to give communities a greater say in the availability of alcohol.
12. This draft submission is supportive of the changes to remove the ability to appeal provisional local alcohol policies, however greater clarify is sought on the drafting of Schedule 1AA. The current drafting has the potential to create uncertainty particularly for those local authorities like Tauranga City Council who have an existing draft LAP.
13. The draft submission is supportive of allowing DLCs the ability to decline a renewal licence if they considered it to be inconsistent with the relevant LAP.
14. In accordance with both Local Government New Zealand and Taituarā the draft submission is supportive of the Bill’s proposal of allowing anyone to object. The submission sets out the following reasons why Council supports this proposal;
· greater community participation – no person or group is excluded.
· Mana whenua have their right to object recognised without the need to litigate this, in line with the principles of te Tiriti.
· meets the objective of the Act to allow communities to input into licensing decisions.
· reduced time and resources required to establish if an objector has standing (is permitted to object under the Act).
· allowing more people to input in the process means DLCs may have a greater range of information to inform their decisions
15. The draft submission is generally supportive of the proposed changes to how licensing hearings are conducted. However, it recommends more information is needed clarifying how DLCs can access the evidence required to make decisions, given the ability to cross-examine would be removed. For example, the submission recommends the Bill needs to clearly state that parties could direct questions to other parties to the DLC, who could then ask those questions at their discretion so that this information would still be available.
16. The draft submission also recommends training for DLC members through a national provider as is set out in Taituarā’s submission. Training would help ensure all DLCs apply consistent practises and can effectively gather the evidence needed to make licensing decisions.
Significance
17. 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.
18. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
(a) the current and future social, economic, environmental, or cultural well-being of the district or region
(b) any persons who are likely to be particularly affected by, or interested in, the matter.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
19. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the decision is of low significance.
ENGAGEMENT
20. Taking into consideration the above assessment, that the decision is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
21. Direction from Council will be included in the draft submission and if Council approves the submission it will be sent to the Justice Committee.
22. Staff will recommend to the Strategy, Finance and Risk committee that decisions on the revised draft LAP await an amendment to the statutory regime before making decisions on the revised draft LAP.
1. Draft
TCC Submission to the Sale and Supply of Alcohol (Community Participation)
Amendment Act - A14355037 ⇩
7 February 2023 |
11.4 Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025
File Number: A14278701
Author: Rob Lahey, Principal Strategic Advisor
Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. To seek Council endorsement of the Bay of Plenty Mayoral Forum Triennial Agreement for the period 2022-2025.
That the Council: (a) Receives the report "Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025". (b) Endorses the proposed Triennial Agreement, provided in Attachment 1. (c) Authorises the Commission Chair to sign the Triennial Agreement on behalf of Tauranga City Council. |
Executive Summary
2. Local authorities are required to enter into regional agreements not later than 01 March after each local government election. The Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025 describes how councils in the Bay of Plenty region will work together efficiently and effectively to promote the wellbeing of our communities. The changes proposed from the current Triennial Agreement, endorsed by Council in 2019, are minor in nature. Ongoing central government reforms of resource management and local government may necessitate amendment within the term of the proposed agreement.
Background
3. Bay of Plenty local authorities have operated according to a Triennial Agreement for more than a decade. The current agreement, for the triennium October 19 to October 2022, was endorsed by Council on 10 December 2019.
4. Chief Executives reviewed the current agreement and prepared a revised draft for each council to endorse and sign.
Strategic / Statutory Context
5. Section 15 of the Local Government Act requires local authorities in a region to adopt a Triennial Agreements that includes:
(a) protocols for communication and co-ordination among the local authorities
(b) the process by which the local authorities will consider proposals for new regional council activities
(c) processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than 1 district.
6. The proposed Triennial Agreement meets the requirements under the Act.
7. Council’s Strategic Framework aligns our strategies and plans to our community outcomes, interwoven with our three Council approaches i.e., how we do things. This Triennial Agreement is consistent with the approach of Working Beyond Tauranga. Council commits to working collaboratively, building constructive partnerships with our key stakeholders and considering the impacts of what we do, and don’t do, on not just our city but also our region and country. We acknowledge our role as the largest city in the Bay of Plenty region and the connections we have beyond the city boundaries.
Changes proposed
8. The following changes from the current Triennial Agreement are proposed.
9. Additions:
(a) Statement of Intent: ‘Bay of Plenty Local Authorities will also collaboratively seek to determine what are the high-level strategic regional issues and opportunities over the triennium and beyond.’
(b) Introduction: ‘This will enable democratic local decision-making and action by and on behalf of communities. It also provides the opportunity to speak with “one consistent message” to Central Government on issues affecting Local Government in our region.’
10. Deletions:
(a) A list of possible areas for collaboration have been removed as an appendix to the Triennial Agreement.
11. Other changes proposed are administrative in nature.
Options Analysis
12. There are two options for consideration.
Option 1 – Endorse the draft Triennial Agreement (Preferred Option)
13. Council endorses the agreement.
Advantages |
Disadvantages |
· Council meets the statutory requirement for a Triennial Agreement to be in place by 01 March 2023. · Tauranga City Council demonstrate our commitment to working efficiently and effectively with other local authorities in the Bay of Plenty region. · Minor amendments from the last agreement are incorporated and become effective. |
· Should changes be sought, Council would need to request a review of the Triennial Agreement and agreement of the other parties. |
Option 2 – Propose amendments to the draft Triennial Agreement
14. Council do not endorse the agreement and instead propose amendments.
Advantages |
Disadvantages |
· Appropriate if the Council believes major amendments are needed to ensure that effective relationships are maintained with the other councils in the region. |
· Any changes proposed will need to gain the agreement of the other councils in the region. · This option is likely to miss the 1 March 2023 statutory requirement to have an agreement in place, however, the current agreement continues in place until a new one is approved by all councils. |
Financial Considerations
15. There are no financial implications anticipated because of this decision.
Significance
16. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy.
17. It is considered that the decision is of low significance.
ENGAGEMENT
18. Taking into consideration the above assessment, that the decision is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
19. If Council resolves to endorse the proposed Triennial Agreement, this endorsement will be communicated to Bay of Plenty Regional Council (BoPRC). Assuming endorsements are received from all councils in the region, BoPRC will then coordinate formal signing of the agreement.
1. Bay
of Plenty Mayor Forum - Triennial Agreement (2022-2025) - A14279430 ⇩
7 February 2023 |
11.5 Updated Meetings Schedule 2023
File Number: A14351056
Author: Coral Hair, Manager: Democracy and Governance Services
Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. This report recommends the adoption of an updated meetings schedule for 2023.
That the Council: (a) Receives the report "Updated Meetings Schedule 2023". (b) Adopts Attachment 1 as the meetings schedule for the period January to December 2023. |
Background
2. The Council adopted a meetings schedule for 2023 on 7 November 2022. At that time the joint committee meeting dates were not known but are now confirmed and have been included in the meetings schedule.
3. The Council resolved not to consult on the Annual Plan 2023-24 and the dates for hearings and deliberations have now been removed from the 2023 calendar. The meeting for the adoption of the Annual Plan on 26 June 2023 has been cancelled as this will occur earlier in the year.
4. The Council requested that where possible no meetings be held during school holidays and, with a few exceptions, these dates have been blocked out. The Long Term Plan Workshop scheduled for 2 October has been moved to 17 October 2023.
5. Given these changes, it is recommended that the updated meetings schedule for 2023 be adopted.
6. The Council may adopt a schedule of meetings to cover any future period the Council considers appropriate. A yearly schedule is considered the most efficient. Any changes in meeting dates will be publicly notified.
Strategic / Statutory Context
7. Clause 19(6) of Schedule 7 of the Local Government Act 2002 provides for the Council to adopt a meetings schedule to cover any future period.
Options Analysis
8. The Council has the option not to update the meetings schedule but that is not recommended. The previous report to Council signalled that an updated meetings schedule would be provided as joint committee dates became known.
Financial Considerations
9. There are no financial considerations to adopting a meetings schedule.
Legal Implications / Risks
10. The legislation provides for the adoption of a schedule of meeting.
Significance
11. 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.
12. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
(a) the current and future social, economic, environmental, or cultural well-being of the district or region
(b) any persons who are likely to be particularly affected by, or interested in, the matter.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
13. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low significance.
ENGAGEMENT
14. 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
15. Meetings updated on the website and calendar requests sent out.
1. Updated
2023 Meetings Schedule - A13899616 ⇩
7 February 2023 |
11.6 Submission to Inquiry into 2022 Local Elections
File Number: A14351737
Author: Coral Hair, Manager: Democracy and Governance Services
Authoriser: Christine Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. The purpose of the report is to seek approval of a submission on the Inquiry into the 2022 Local Elections.
That the Council: (a) Receives the report "Submission to Inquiry into 2022 Local Elections". (b) Approves the submission to the Justice Select Committee on the Inquiry into the 2022 Local Elections in Attachment 1 in relation to. (i) Low voter turnout (ii) Centralised delivery of local government elections (iii) Lowering the voting age (iv) Four-year local electoral term |
Executive Summary
2. Public submissions on the Inquiry into the 2022 Local Elections are open until 14 February 2023.
3. While the Tauranga City Council (TCC) did not have an election in October 2022 there are some issues in the Justice Select Committee’s terms of reference that will impact on future elections, and it is recommended that the Council submit on these areas.
Background
4. The Justice Select Committee will examine the law and administrative procedures for the conduct of the 2022 local elections, with particular reference to:
(a) Low voter turnout
(b) The provision of election services by private organisations, with particular reference to:
· Special voting
· Provision of ballot papers
· Complaint processes
· Accountability for local elections
· Postal voting (including security of ballots and whether postal voting is an effective method of receiving votes)
(b) The age of eligible voters (with reference to lowering the age of eligible voters to 16 years).
Inquiry into 2022 local elections
A. Low Voter Turnout
5. The voter turnout results for the 2022 local elections were reported to the Council on 12 December 2022 and are included below in the blue box for easy reference. These results are included in Taituarā’s submission who note that the lower voter turnout in Auckland Council largely explained the 1.8% decrease in turnout from 2019.
Voter turnout for the 2022 election was 40.44%, not significantly different from other elections, although slightly down on the 42.2% in 2019. Metro councils average was 40.82%, with provincial councils at 44.01% and rural councils at 49.31%. The graph below from the website shows the turnout trend for local government elections since 1962 when voter turnout was 44%.
Local Government New Zealand (LGNZ) stated that low voter turnout requires an overhaul of the entire local government voting process. LGNZ want to work with central government to review the 2022 elections to develop practical recommendations on how to make voting much more accessible in the next local elections.
Local Government Minister Nanaia Mahuta has said that central and local government would review the processes around the election, as they did every three years, to make voting more accessible and encourage people to participate. The Minister has said there was potential for the existing Future for Local Government and parliamentary electoral law reviews to address some of the concerns.
6. The Tauranga City Council (TCC) draft submission states that while there is no need for a panic on the low voter turnout the Council supports Taituarā’s conclusion that:
(a) lower turnout becomes even lower voter turnout in future elections if no action is taken.
(b) this matter is of equal concern to both local and central government.
7. The submission agrees that part of the long-term solution to apathy and disengagement of voters is through civics education for secondary school students and supports Taituarā’s call for foundational research to be undertaken with school students and adults before decisions are made, as the last study in New Zealand was in 2009 and international research is limited.
8. The submission supports a number of short-term initiatives to make voting easier to increase voter participation and these are:
(a) Online voting
(b) More accessible voting place locations
(c) Overseas voting - electronic transmission of special votes
B. Centralised delivery of local elections
9. The report into the 2019 Local Elections recommended that the Government consider giving responsibility for running all aspects of local elections to the Electoral Commission. The Independent Review Panel considering the Future for Local Government in their draft October 2022 report also recommend the Electoral Commission conduct local elections.
10. The draft submission states that TCC is supportive in principle of a move towards centralised delivery of some or all local electoral functions but would need to be convinced that a wholesale move would provide a better service to candidates and voters and be better value for ratepayers. The following concerns that would need to be addressed are:
(a) Potential lack of transparency, equity and control around costs of elections charged to councils based on previous experience of monopoly provisions by central government agencies to local authorities.
(b) Ability of Electoral Commission to attract and retain relevant and experienced staff and scale up for the complexities of local government elections.
(c) Difficulty in achieving and maintaining exception levels of engagement to develop an approach to the administration of elections, both at a local and national level.
(d) Threat to current efficiencies and experience in delivering local elections and a potential for the same service been delivered but with an extra layer of cost.
(e) Potential loss of local flavour in promoting elections and engaging local communities
11. The submission recommends that central and local government jointly develop proposals for centralised delivery of some or all of local electoral functions and consider these alongside the status quo.
C. Lowering the voting age
12. The draft submission does not take a view on what the voting age should be, 16 or 18 years, as this is a matter for Parliament to determine. The submission does agree with Taituarā’s submission that whatever age is chosen, it should be the same for both local and central government elections to avoid confusion, administrative burden, and conflicting rationale for choosing different voting ages.
13. The draft submission does recognise this as a hot topic now with the Supreme Court decision holding that a voting age of 18 is inconsistent with the Bill of Rights, the Independent Review Panel considering the Future for Local Government recommending the voting age be lowered to 16 years and the Independent Electoral Review (IER) set up to review central government electoral law also looking at the voting age.
D. Four-year Local Electoral Term
14. The draft submission is recommending a four-year local electoral term.
15. While this is not specifically mentioned in the terms of reference for the Justice Committee, it is timely to mention this, given that the Future for Local Government Independent Review Panel recommends a four-year term in their draft October 2022 report and the Independent Electoral Review is looking at this for the Parliamentary term.
Strategic / Statutory Context
16. The Council may submit on any inquiries conducted by select committees. There is no requirement to do so and the decision to make a submission depends on the individual inquiry and its relevance to the Council.
Options Analysis
17. The Council has the option of submitting or not submitting to the Inquiry and further has the option of approving the submission or amending the submission.
18. The terms of refence include issues that will impact on the conduct of future elections and it is recommended that the Council makes a submission.
Financial Considerations
19. There are no financial considerations in making a submission
Legal Implications / Risks
20. There are no legal implications in making a submission
Significance
21. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.
22. In making this assessment, consideration has been given to the likely impact, and likely consequences for:
(a) the current and future social, economic, environmental, or cultural well-being of the district or region
(b) any persons who are likely to be particularly affected by, or interested in, the issue.
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.
23. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of low significance.
ENGAGEMENT
24. Taking into consideration the above assessment, that the issue is of low significance, officers are of the opinion that no further engagement is required prior to Council making a decision.
Next Steps
25. The submission will be sent to the Justice Select Committee.
1. Draft
Submission to Inquiry into 2022 Local Elections - A14350245 ⇩
7 February 2023 |
11.7 Emergency Management Response - January Weather Event
File Number: A14372214
Author: Barbara Dempsey, General Manager: Community Services
Authoriser: Barbara Dempsey, General Manager: Community Services
Purpose of the Report
1. For Information
That the Council: (a) Receives the report "Emergency Management Response - January Weather Event".
|
Background
2. Heavy rain and thunderstorms impacted Tauranga City over the period 16:00 Friday 21 January until 10:00 Sunday 29 January. This severe weather event resulted in surface flooding and several isolated slips across Tauranga city.
Two large landslips occurred in Maungatapu at Egret Ave. As a result of a large landslip, 24 homes were evacuated at 00:30 Sunday 29 January on Egret Ave and Te Mutu Crescent in Maungatapu. All evacuees were able to stay with friends/relatives.
COUNCIL RESPONSE
3. Council set up an Incident Management Team (IMT) early on Sunday morning to co-ordinate the Council response. All key activities were very quickly reporting into the IMT, with the first incident meeting occurring at 09:15.
Below is a summary of actions and incidents that the IMT were co-ordinating a response to:
(a) Civil Defence Emergency Management, building assessors and engineering geologists/geotechnical engineers were onsite in Egret Ave, Maungatapu, on the morning of 29 January. As a result of their assessments, five dangerous building notices have been issued to numbers 9, 11, 15, 16 & 18 Egret Ave. Staff have been in regular contact with all affected owners, as well as the wider community.
(b) More specifically the landslip has:
(i) Destroyed the house at 18 Egret Ave
(ii) Very badly damaged the house at 16 Egret Ave
(iii) Caused inundation/impact damage to the houses at 9 and 15 Egret Ave
(iv) Blocked access and caused lesser inundation damage including siltation to the dwelling at 11 Egret Ave
(c) The dangerous building notices direct no access to properties, and the owners to engage engineers to confirm what remedial work is required to make it safe. The remaining 19 homeowners have been advised that they can return to their homes.
(d) Temporary fencing has been erected around the houses and two security guards are controlling access and maintaining security of the site. All affected homeowners have been given access to their properties where it is safe to do so under the control of Emergency Management and Fire and Emergency New Zealand on Monday 30 January.
(e) TCCs consultant engineer from Tonkin & Taylor and engineers from Land Development and Engineering are monitoring the site for any change.
(f) Communications support was provided by the Community Relations team. Media advisories and social media posts informing and updating our communities was developed in a timely manner.
(g) Contact Centre supported the response through extra staffing and providing intel to the IMT on phone calls coming received. Their on-call supervisor provided extra support to the Emergency Management Duty officer during the early hours of Sunday morning.
Other updates:
(h) Other slips adjacent to Fernland Spa and Welcome Bay Road have been inspected by staff and neither are deemed imminently dangerous. The Welcome Bay slip is being managed by the Transportation team and the Fernland Spa slip is being managed by the property owners.
(i) McLaren Falls Park was closed and campers were required to evacuate the camp ground because of safety concerns. The Falls have since been reopened. However, visitors have been informed to check the website before visiting.
(j) The Historic Village was also closed because of flood water on site, tenants were notified and were able to secure their property to ensure no damage occurred from the raising flood waters. The Village reopened on 30 January 2023.
(k) Oropi Bridge was closed. The bridge has reopened at a reduced speed of 30 kmph and to one lane due to subsidence around the area, until rivers levels recede and inspectors can access the damage to the bridge. Traffic lights are in place and will be monitored 24/7.
(l) We erected signs regarding contaminated water in some areas where sewer lines are inundated by streams advising the public to stay away.
(m) Bay Park Arena had approximately 1300 campers booked to stay onsite for the One Love concert scheduled for 28-29 January 2023 at the Tauranga Domain. Upon cancellation, most concert goers made their way home, 600 people remained onsite and stayed overnight inside the arena supported by Bay Venues staff. On 29 January most concert goers had returned home. Bay Park was supported by the Events team.
(n) Walkways team have assessed impacted public walkways for safety concerns. Taipari Street to Fantail Drive walkway is closed (indefinitely) as a precaution due to the slips at Egret Ave. Walkways at Johnson Reserve may be permanently closed due to slips.
(o) The waters and roading team were monitoring their respective networks and responding to various slips and operational issues as they occurred.
(p) Parks and walkways team were undertaking site inspections apart from those above all issues were quickly responded to.
(q) Animal Services team assisted with locating lost pets and animal welfare in the affected Maungatapu area, ensuring lost pets were accounted for.
recovery
4. Council transitioned from Response to Recovery at 13:00 30 January 2023. Paula Naude has been appointed as Recovery Manager.
Note: Duty EMO will be monitoring the heavy rain watch that is in place from Wednesday 1 February 03:00 till Thursday 2 February 03:00 in the event Council need to revert back to a response phase.
5. Dan Pearce has been appointed in the role of Navigator for the impacted community. Dan has been on-site and has an established relationship with those in the evacuated zone. Immediate tasks for the Navigator include:
(a) Identification of a suitable drop-in centre for impacted community.
(b) Identification of other role players for the drop-in centre (eg Insurance council representative, building representative, MSD, etc) and to work with Communications team to disseminate information pertaining to the operational days/hours of the drop-in centre once established.
(c) Compile an info letter to the surrounding residents with Navigator contact details, as well as a factsheet containing other sources of information for accessing varied support. These letters will be hand delivered to the residents in the immediate vicinity.
(d) Make tentative enquiries with building team on the removal of the remains of 18 Egret Ave that is blocking the road. This is being done proactively to ensure a timely response.
(e) Enquiries with supplier re “Residents Only” signage for the end of Egret Ave, in anticipation of legal opinion re road closure that is currently in place.
(f) Welfare checks will commence 31 January 2023 with impacted families and regular contact will be maintained.
(g) Security fencing for the section along the front walkway has been installed.
(h) A tile and banner on TCC website landing page has been established that directs community to an information page which contains all weather related issues, updates and advice to access support. Once established this will also provide details on where and when to access a drop-in centre and the contact details for the Navigator.
Other Comments / Issues
6. TCC has provided Auckland Emergency Coordination Centre with Severe Weather Response support through the following:
Five Building Inspectors:
(a) 29/01/23 worked in Auckland central assessing flood damaged commercial buildings
(b) 30/01/23 working in Mt Roskill assessing flood damaged residential buildings
(c) 31/01/23, returning in the evening.
7. Request for surge staff to support the Auckland Emergency Coordination Centre has been received and declined, pending impacts of further weather expected locally mid-week. This decision will be re-visited should a further request for assistance be received.
Nil
7 February 2023 |
RESOLUTION TO EXCLUDE THE PUBLIC
14 Closing karakia