Agenda of Ordinary Council meeting - Monday, 27 February 2023

UNCONFIRMED Ordinary Council meeting Minutes

7 February 2023

MINUTES

Ordinary Council meeting

Tuesday, 7 February 2023

Order of Business

1 Opening karakia. 3

2 Apologies. 3

3 Public forum.. 3

4 Acceptance of late items. 3

5 Confidential business to be transferred into the open. 3

6 Change to the order of business. 3

7 Confirmation of minutes. 4

7.1 Minutes of the Council meeting held on 12 December 2022. 4

8 Declaration of conflicts of interest 4

9 Deputations, presentations, petitions. 4

Nil

10 Recommendations from other committees. 4

10.1 Recommendation from other Committee - Strategy, Finance and Risk Committee - 5 December 2022. 4

11 Business. 4

11.1 Proposed Dual Naming for Rotary Park and Ila Park. 4

11.2 Destination Skatepark - Update to Project Scope and Budget 6

11.3 Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill 7

11.4 Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025. 8

11.5 Updated Meetings Schedule 2023. 8

11.6 Submission to Inquiry into 2022 Local Elections. 9

11.7 Emergency Management Response - January Weather Event 9

12 Discussion of late items. 10

13 Public excluded session. 10

13.1 Public Excluded Minutes of the Council meeting held on 12 December 2022. 11

13.2 Update on Maungatapu matters. 11

14 Closing karakia. 11

Resolutions transferred into the open section of the meeting after discussion. 11

MINUTES OF Tauranga City Council

Ordinary Council meeting

HELD AT THE BoP Regional Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

ON Tuesday, 7 February 2023 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), Nic Johansson (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), Nick Lynch-Watson (Open Space & Community Facilities Planner); Ross Hudson (Team Leader: Planning), Emily McLean (Programme Lead: City Development), Amanda Davies (Manager: Community Amenity Programme Delivery); Jane Barnett (Policy Analyst), Nigel McGlone (Manager: Environmental Regulation), Rob Lahey (Principal Strategic Advisor); Coral Hair (Manager: Democracy & Governance Services), Robyn Garrett (Team Leader: 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

Nil

4 Acceptance of late items

Nil

5 Confidential business to be transferred into the open

Nil

6 Change to the order of business

Nil

7 Confirmation of minutes

7.1 Minutes of the Council meeting held on 12 December 2022

Resolution CO1/23/1

Moved: Commissioner Bill Wasley

Seconded: Commissioner Shadrach Rolleston

(a) That the minutes of the Council meeting held on 12 December 2022 be confirmed as a true and correct record.

Carried

8 Declaration of conflicts of interest

Nil

9 Deputations, presentations, petitions

Nil

10 Recommendations from other committees

10.1 Recommendation from other Committee - Strategy, Finance and Risk Committee – 5 December 2022

Staff Christine Jones, General Manager: Strategy, Growth and Governance

Resolution CO1/23/2

Moved: Commissioner Stephen Selwood

Seconded: Commissioner Bill Wasley

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.

Carried

11 Business

11.1 Proposed Dual Naming for Rotary Park and Ila Park

Staff Barbara Dempsey, General Manager: Community Services

Nick Lynch-Watson, Open Space & Community Facilities Planner

Ross Hudson, Team Leader: Planning

Emily McLean, Programme Lead: City Development

External Tane Bennett - Principal Maungatapu School

Kaida Miharo - Senior student

Frankie Te Kani - Senior student

Marlo Ririnui - Senior student

Irene Walker - Teacher

Key points

· The students thanked the Council for the opportunity to speak to the name change and noted that Rotary Park was special to the school. Rotary Park was the local name, but to iwi it was known as Ōpūpū as there was an abundance of pūpū - periwinkle shells at Rotary Park and mud snails in the estuary.

· A relative of one of the students, Marama Rewiti Martin, was involved in opening of Rotary Park and was depicted in a black and white photo at the time.

· The kura and students used the park as a place of studying and learning and presented a journal to the meeting which showed the kura’s involvement in the area. Students had designed the mural depicting a sea whale and different sea creatures. It was an area where warriors and their tupuna would go to battle and rest up afterwards.

· The group requested that the park be known as Ōpūpū so that everyone could understand the cultural significance and history of the site.

· The students started their request in 2021 and, as some of the original students had left, the current group was continuing their work towards the name change to complete the mahi.

· Ms Walker noted that a big part of the naming was the education around the names. The parks were well known for younger people and families and could also be a place where they could be educated. Part of the curriculum of schools would be to tell the history, it was creating a space and helping the community to take care of the environment. Both places had wetland restoration projects and were places of knowledge about how to look after an area that was once a swamp. These areas were a breeding ground and kai cupboard for iwi, but were now depleted, with one of the reasons for depletion being city growth and development. Iwi were at the Council table to constantly remind them about the environment and were bringing the young people forward to do this.

In response to questions to the group and staff

· There were not many pūpū left in the area, they had been depleted over time.

· There was a significant redevelopment occurring at Ila Park and interpretation panels with the history of the area were included in the design elements. Ila Park was expected to be reopened by the end of March. There was also the same intention for signage and information to be provided at Rotary Park.

· Conversations had been held with remaining Ila family members and they were in support of the redevelopment and dual naming. They had indicated that they would attend the reopening in March 2023.

Discussion points raised

· The Rotary Club had signalled they were keen to continue with the development of the park and this would be a good programme for them to become involved in.

· The students were thanked for coming to present to the meeting. Council appreciated their input and Commissioners noted the importance of the Council and the community being able to understand the history of each of these areas.

Resolution CO1/23/3

Moved: Commissioner Shadrach Rolleston

Seconded: Commissioner Stephen Selwood

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.

Carried

11.2 Destination Skatepark - Update to Project Scope and Budget

Staff Barbara Dempsey, General Manager: Community Services

Amanda Davies, Manager: Community Amenity Programme Delivery

Key points

· The scope of the original budget required 50% external funding to progress, 62% external funding had been secured so Option B was able to proceed.

· The updated budget for Option B required an additional $375,000 to be funded over 2 financial years.

In response to questions

· Regarding being able to work within the budget available rather than seeking additional funding, it was noted that the funding was to provide a contingency for the project and to allow the park to offer a wider variety of skate experiences.

· Access across Maunganui and Hull Roads and carparking on site would be provided through the redevelopment of Blake Park and a signalised crossing would be installed.

· Staff were currently working extensively on the consenting options which would include having consents in place for future development. Some work would be able to commence to provide power, water and fencing on the site.

· Shade would be provided through the installation of shade sails and the retention of the large trees. Skaters had indicated that they would rather have the flow bowl than a covered skating area, so further shade would be considered within the future development plans.

Discussion points raised

· A good outcome had been achieved in terms of the level of investment from external funders, and the good active participation from users was noted and commended.

· Commissioners had been signalling the challenging LTP constraints, and it was queried whether there was enough communication and understanding within the community on the cost implications of projects and the onus of additional funding being put back onto them.

Resolution CO1/23/4

Moved: Commissioner Shadrach Rolleston

Seconded: Commissioner Bill Wasley

That the Council:

(a) 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 of 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

Carried

11.3 Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill

Staff Sarah Omundsen, General Manager: Regulatory and Compliance

Jane Barnett, Policy Analyst

Nigel McGlone, Manager: Environmental Regulation

Key points

· Public submissions were due on the Bill by 12 February 2023. The bill was aimed at giving local communities more of a say with regards to the issuing of liquor licences.

In response to questions

· The proposed legislation removed all opportunities for appeal and provided a greater opportunity for community participation.

· Objections would be considered in light of where objectors were from e.g. from local communities and individuals or wider national interest groups.

· Current legislation had been interpreted narrowly to require that someone must have a greater interest in an application than the public to participate e.g. live within 1-2 km. If they did not live in the area they did not have a voice, the proposal made it possible for anyone that felt they were impacted by the licence to become part of the process.

· There was no change to the application notification or engagement at the beginning of the application process. This had been raised in consultation on the draft TCC Local Alcohol Policy and staff were to go above the legislative requirement to ensure early notification occurred.

· The removal of the right to a cross examination where no party could ask questions of other parties needed to be made clearer. There was still a need for some questioning and provision to do so should be included in the legislation in some format without making the parties feel uncomfortable.

Discussion points raised

· Commissioners amended the proposed resolution to allow further points to be added to the submission and to approve it retrospectively at the next meeting.

· The draft bill presented a lot of conflicting information which District Licensing Committees would need to make decisions on, and added a level which did not address the actual problem of excess alcohol usage. Any person wanting access to alcohol would find it.

· It seemed to be a large process where no one would end up satisfied - the proposal tended to make it worse and could result in an increased cost to Council.

· It was requested that these reservations be provided at the start of the submission and to ask the Select Committee whether the new measures proposed would make a difference to the problem of alcohol abuse.

Resolution CO1/23/5

Moved: Commissioner Bill Wasley

Seconded: Commissioner Shadrach Rolleston

That the Council:

(a) Receives the report "Submission to Sale and Supply of Alcohol (Community Participation) Amendment Bill".

(b) Updates the submission to include further comments from the Commissioners prior to being submitted to the Justice Select Committee, and brings the submission back to Council at the next meeting for retrospective ratification.

(c) 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.

Carried

11.4 Bay of Plenty Mayoral Forum - Triennial Agreement 2022 - 2025

Staff Christine Jones, General Manager: Strategy, Growth and Governance

Rob Lahey, Principal Strategic Advisor

Resolution CO1/23/6

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

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.

Carried

11.5 Updated Meetings Schedule 2023

Staff Christine Jones, General Manager: Strategy, Growth and Governance

Coral Hair, Manager: Democracy & Governance Services

Key points

· The Tauranga Public Transport Joint Committee meetings had been included and the annual plan hearings and deliberations had been removed.

In response to questions

· Discussions would be held within the next week to discuss the Long-term Plan process and would be reported with a timeline to the next meeting.

· Meetings held on a Friday were generally joint committee meetings organised by BOPRC.

· BOPRC Public Transport, SmartGrowth, Metro and Upper North Island meetings were to be added.

Resolution CO1/23/7

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

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.

Carried

11.6 Submission to Inquiry into 2022 Local Elections

Staff Christine Jones, General Manager: Strategy & Growth

Coral Hair, Manager: Democracy & Governance Services

Discussion points raised

· Commissioners amended the proposed resolution to allow further points to be added to the submission and to approve it retrospectively at the next meeting.

Resolution CO1/23/8

Moved: Commission Chair Anne Tolley

Seconded: Commissioner Bill Wasley

That the Council:

(a) Receives the report "Submission to Inquiry into 2022 Local Elections".

(b) Updates the submission to include further comments from the Commissioners prior to being submitted to the Justice Select Committee and brings the submission back to Council at the next meeting for retrospective ratification.

Carried

11.7 Emergency Management Response - January Weather Event

Staff Barbara Dempsey, General Manager: Community Services

Key points

· A navigator had been appointed and was wrapping around the families that had been affected by slips and flooding.

· A project team was investigating what needed to be done to clear the site and were awaiting a Geotech report.

· The ground needed to dry out prior to the work being carried out. Staff were keeping a watch on the weather which may delay the clean-up.

· The team was working closely with the insurance parties involved.

· Noted that many of the team members turned up following the event and got on with the job working long hours. Some staff on annual leave came into work to assist.

In response to questions

· The $150m invested by the previous Council in stormwater projects and infrastructure changes had assisted with coping with the heavy rainfalls. An investigation would be undertaken to determine how they had coped, to understand the volumes and flows involved, and see if the infrastructure had functioned as expected and whether there were any gaps. A report would be provided to Council when this had been completed.

· Staff were still to determine how many of the slips were on public and private land. The insurance implications would need to be considered on private land and, once known, the situation would be assessed.

· Council had a detailed and robust contract with the concert group which used the Tauranga Domain, which included penalties for damage to the park. While this may cover the financial cost, the regular sporting codes would not be able to use the fields for a while. The hirer had set up the stage and sound but could not cancel the concert until their insurance clause was activated. They then needed to remove the gear for their next gig and did so while the ground was still sodden.

Discussion points raised

· The Commissioners congratulated staff on doing an amazing job to make sure damage from the storm was minimised and all systems were working. They asked that their appreciation be passed on to all staff concerned.

· Credit was given to past councils for making good decisions in stormwater, drinking water and wastewater investment.

Resolution CO1/23/9

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the Council:

(a) Receives the report "Emergency Management Response - January Weather Event".

Carried

12 Discussion of late items

Nil

13 Public excluded session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution CO1/23/10

Moved: Commissioner Shadrach Rolleston

Seconded: Commissioner Bill Wasley

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

13.1 - Public Excluded Minutes of the Council meeting held on 12 December 2022

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

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

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

13.2 - Update on Maungatapu matters

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

Carried

14 Closing Karakia

Commissioner Shad Rolleston closed the meeting with a karakia.

The meeting closed at 11.02 am.

The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 27 February 2023.

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

CHAIRPERSON

Ordinary Council meeting Agenda

27 February 2023

11 Business

11.1 Bay Venues User Fees Review and Office Refurbishment

File Number: A14412950

Author: Sanjana France, CCO Specialist

Anne Blakeway, Manager: City Partnerships

Authoriser: Paul Davidson, Chief Financial Officer

Purpose of the Report

1. The purpose of this report is to present Bay Venues proposed draft user fees and charges schedule for Council to adopt as a draft for public consultation. This report also presents Bay Venues proposal to reallocate existing budgets for an office refurbishment at Baypark Stadium.

Recommendations

That the Council:

(a) Receives the Bay Venues User Fees Review and Office Refurbishment report.

(b) Adopts Bay Venues’ draft user fees and charges proposal as set out in Option 1 of Attachment 1, as a draft for public consultation, incorporating any amendments as directed by Council at this meeting.

(c) In addition, approves an increase of $600,000 to the Bay Venues annual operating subsidy (above the normal CPI increase).

(d) Approves the reallocation of Bay Venues capital budget to fund the support office refurbishment, noting that this project has been approved by the Bay Venues Board and is in alignment with the Baypark Masterplan.

(e) Approves additional rates funding of $186,000 per annum to cover depreciation and interest costs associated with the Baypark office refurbishment.

Executive Summary

User Fees Review

2. Bay Venues has undertaken a review of user fees across the funded network, including all facilities that are subsided by the council operating grant.

3. Bay Venues is seeking approval to increase user fees to broadly align with the national benchmark, as outlined in the pricing review provided at Attachment 1. This report provides recommendations and context on Bay Venues’ proposal.

Office Refurbishment

4. Bay Venues support staff are currently spread across multiple areas within Baypark and other external sites, including Baywave. Bay Venues are seeking approval to proceed with an office refurbishment, using their existing budget for other Baypark Stadium projects, including repairs to the stadium roof lining, that are not required in the short to medium term.

5. It should be noted that this is the first stage of resolving the issues highlighted in the recent Strategic Review of Bay Venues. There is further work to be done through the Long-term Plan 2024-2034 process in relation to capital investment, depreciation and renewals to ensure a sustainable funding and financing model. A report will come to Council before June 2023.

Background

User Fees Review

6. Bay Venues commissioned RSL (Recreation Sport Leisure Consultancy) to review user fees in the funded network against a national benchmark (comprising seven other New Zealand cities). The RSL Pricing Comparisons report is provided at Attachment 2.

7. The review has concluded that current user fees are between 27% - 90% of the national benchmark (excluding Baywave, which is slightly ahead of benchmark).

Typical comparisons to the national benchmark are provided in the table below (all prices include GST):

	Aquatics	Indoor Courts	Community Halls	Community Centres
	Adult Greerton	Youth/Senior Community Trustpower Arena	Adult Community Bethlehem Hall	Yth/Sen Community XL Room
Bay Venues current user fee	$2.60	$24.90	$19.40	$21.50
Current % of national benchmark	63%	49%	66%	61%
Comparisons with other cities:
Wellington	$3.40	$64.00	$19.00	$30.00
Hamilton	$4.00	$44.00	$35.00	$40.00
Christchurch	$4.50		$15.30	$25.00
Pukekohe	$2.70
Auckland	$5.00 $4.30	$50.00	$26.00 $53.00	$28.80 $40.80
Dunedin		$22.50	$20.00
Lower Hutt		$75.00	$24.00

8. In some areas of the user fees review, Bay Venues identified that the national benchmark did not reflect the standard of the facilities or felt it would significantly impact affordability. Where this is the case, the recommended user fee has been reduced to reflect the standard of the facility and perceived affordability.

Office Refurbishment

9. Bay Venues currently have over 350 staff. Staff numbers are roughly evenly split between full time, part time and casual staff with around 90 full time staff based at Baypark. Of the staff based at Baypark, approximately 50 are office-based and not directly customer-facing.

10. Bay Venues believes there is a pressing need to co-locate teams that are currently dispersed across multiple sites (Baypark and Baywave) in multiple office locations (more than 10 small and disconnected office areas). This is a barrier to teams connecting and communicating easily, a matter raised in staff engagement survey results.

11. A detailed business case, along with photos showing the current state of offices, are provided at Attachment 3.

Strategic / Statutory Context

12. As a council-controlled organisation, Bay Venues is required to operate in a financially prudent manner and is intended to produce an operating surplus. Bay Venues’ purpose is to provide a service to the community on behalf of Council, rather than to operate a business for profit. The predominant strategic driver for Bay Venues is “maintaining and enhancing accessibility for all”.

13. Bay Venues operates under an Enduring Statement of Expectations (ESE) with Council. The ESE identifies the purpose of Bay Venues as:

“Bay Venues exists to care for and optimise community facilities to create value for Tauranga City and enhance the quality of life of its people, now and into the future”.

14. It is expected that the operating surplus generated by the more commercially focussed activities in the network will go some way towards offsetting the potential deficit generated by the commercial activities.

15. To aid the desired outcomes of the Baypark Master Plan, the proposed office upgrade will future proof the building and, should it be decided in future that appropriate Bay Venues staff are moved elsewhere (e.g. co-located with Council staff at 90 Devonport Road), part or all of the offices could be made available to community organisations or leased out commercially to generate an income.

Options Analysis - Pricing review and office refurbishment

16. Bay Venues’ options analysis provided in Attachment 1 considers the two scenarios to increase their user fees, along with the relative advantages and disadvantages of each option.

17. Bay Venues’ options analysis provided in Attachment 3 considers the scenarios for their office refurbishment, along with the relative advantages and disadvantages of each option.

Financial Considerations

18. Bay Venues’ operating costs have increased significantly over the last three years, while the ability to increase operating revenue has been limited by:

(a) An inability to increase volume due to capacity restrictions, particularly at major sites such as Baywave, Trustpower Arena, and the Mount Hot Pools, which are close to full capacity; and

(b) The impact of COVID and the direction of previous Councils has resulted in an inability to increase user fees by anything other than the usual CPI increases (maximum 5%.)

19. Bay Venues has a current operating deficit of $1.6 million per year. To remain financially sustainable Bay Venues needs to return to at least breakeven position, which they can do through a mix of price increases and an increase to the annual operating subsidy from Council.

20. It should be noted that the proposed increase of $600,000 to Bay Venues’ annual operating subsidy is in addition to the remuneration alignment increase of $336,000 already approved by Council in 2022. TCC will manage the increased rates requirement within the parameters of the Long-term Plan 2024-2034.

21. The 2023 FY budget was for stadium main lights, stadium roof ceiling and stadium paint finishes with some additional ancillary budget.

· Stadium lights budget is still required, with $1 million needing to be carried forward into FY2023/24.

· Some paint work will be undertaken, stadium roof not currently a priority, the main areas of concern from a health and safety perspective have been remediated.

· Reallocate $1.35 million of the remaining $1.495 million to the office refurbishment.

New Capital	FY2023 Budget	FY2023 Forecast	FY2024 Carry forward	Comments
New Capital projects under $200k	$1,000,000	$1,000,000		$700,000 spent to date
Baypark Inc Pavilions and Stadium	$2,495,778	$1,495,778	$1,000,000	See para 19 above
New Capital Total	$3,495,778	$2,495,778
Design and fees 3%	$104,873	$104,873
NEW CAPITAL TOTAL	$3,600,652	$2,600,652	$1,000,000

22. Assuming a 10-year useful life of the Baypark office refurbishment, additional rates funding of $186,000 will required from FY2024 onwards to cover $135,000 per annum depreciation and $51,000 per annum additional interest grant funding.

23. Bay Venues’ comparative analysis of the financial return on investment of the project is provided in the below table on the basis that the office spaces were leased at a fair market commercial rate at some stage in the future. Any non-commercial arrangements would impact the return on investment (ROI).

Description
Office Upgrade Cost	$1,350,000
Potential Revenue - Existing office space freed up by relocating staff (annual lease at $200/m2)	$40,000
Potential Revenue - If Bay Venues vacate redeveloped offices in future (annual lease @ $400/m2)	$200,000
Total Potential Revenue	$240,000
Assumed ROI (based on total potential revenue)	18%
Assumed Payback Period (excluding debt servicing and depreciation)	5.6 years

Legal Implications / Risks

24. Section 8.2 (iii) of TCC’s Enduring Statement of Expectations with Bay Venues notes that:

“Funding of new projects over $200,000, not included in an approved Asset Management Plan, Long-term Plan or Annual Plan, must be approved by Council following the submission of a detailed business case.”

25. In addition, the Enduring Statement of Expectations requires that the business case will be subject to prior peer review by Council staff. Unfortunately, the tight frames of this business case coming to Council has not enabled a peer review to be undertaken in this instance.

26. Further, the Enduring Statement of Expectations clarifies that:

“The general expectation for new capital projects is that they will need to generate sufficient additional revenue to cover interest costs and depreciation, as well as all other project costs.”

And that: “Council may elect to provide debt funding for community projects if it is in the ratepayer interest to do so.”

27. It should be noted that, following a decision by Council a number of years ago, depreciation on the Baypark Stadium building is not funded. However, funding of the fitout depreciation is being sought for this project, as it is assumed that the building will still be operational in 10 years’ time. We may need to revisit the deprecation funding when the next fitout is due, to understand if it is still viable as an office space in the future.

Consultation / Engagement

28. Bay Venues’ pricing review will be included, along with Tauranga City Council’s annual review of user fees and charges, in the community consultation undertaken as part of the Annual Plan 2023/24 and Long-term Plan 2024-2034 processes.

29. The office refurbishment project does not require community consultation or engagement.

Significance

30. 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.

31. 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.

32. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the pricing review decision is of medium significance and the office refurbishment decision is of low significance.

ENGAGEMENT

33. Taking into consideration the above assessment, that the pricing review decision is of medium significance, officers are of the opinion that consultation is required under the Local Government Act (2002). This will take place along with TCC’s annual user fees and charges review as part of the Annual Plan 2023/24 community consultation process.

34. No further engagement is required for the office refurbishment decision

Next Steps

35. If the pricing review proposal is approved by Council, this will be included in TCC’s annual user fees and charges review as part of the Annual Plan 2023/24 community consultation process.

36. Subject to the outcome of community consultation, Bay Venues will increase user fees in the financial year 2023/24 to broadly align with the national benchmark.

37. If the office refurbishment is approved, Bay Venues staff will continue with detailed design, procurement and building consent (concurrent) in March to May 2023. Construction will commence in June 2023, subject to contractor availability.

Attachments

1. Bay Venues Community Facility User Fees Review - A14412247 ⇩

2. RSL - Bay Venues Pricing Comparisons Report, December 2022 - A14412251 ⇩

3. Bay Venues Office Refurbishment Report - A14412290 ⇩

Ordinary Council meeting Agenda

27 February 2023

11.3 Executive Report

File Number: A14309402

Author: Nic Johansson, General Manager: Infrastructure

Barbara Dempsey, General Manager: Community Services

Paul Davidson, Chief Financial Officer

Christine Jones, General Manager: Strategy, Growth & Governance

Alastair McNeil, General Manager: Corporate Services

Sarah Omundsen, General Manager: Regulatory and Compliance

Gareth Wallis, General Manager: City Development & Partnerships

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. To provide updates on key projects and activities.

Recommendations

That the Council:

(a) Receives the "Executive Report".

(b) Retrospectively endorses the submissions to the:

(i) Natural and Built Environment Bill and Spatial Planning Bill;

(ii) Inquiry into the 2022 Election; and

(iii) Sale and Supply of Alcohol (Community Participation) Amendment Bill.

Infrastructure

Corporate Sustainability Plan Progress

2. Development of the Corporate Sustainability Plan has begun, with workshops and interviews set up with key internal stakeholders.

3. This work will inform how Tauranga City Council becomes a more sustainable organisation, by creating a framework that ensures sustainability, in the form of the four wellbeings (social, cultural, economic and environmental), is incorporated into TCC’s decision-making.

4. While work is underway on the Climate Action & Investment Plan (AIP), the Corporate Sustainability Plan differs as it seeks to create actions, goals and measures that are operational and tactical for TCC as an organisation. The Climate AIP is focused on Tauranga as a city and on strategic goals (e.g. broader transport-related goals). These two bodies of work are however inherently linked as one workstream within the Corporate Sustainability Plan, which seeks to outline TCC’s response to dealing with the challenges associated with climate change as an organisation. In order to avoid any duplication of work, the project teams are working closely together to ensure there are no action double-ups.

5. Priority has been given to those areas of work that will be included in the preparation of the 2024-34 Long-term Plan.

6. Managing and publicly disclosing climate-related risk is a priority area of the Corporate Sustainability Plan and will provide the information which will be required in the future for LGFA reporting.

Summer Holiday Waste Collection

7. The summer holiday period between December and mid-January presents numerous challenges for kerbside collections. Tauranga City is a holiday destination, which means more people, more waste and higher traffic volumes, which in turn contribute to more obstacles on the kerbside.

8. TCC pre-empted some of these issues by preparing a Summer Waste Campaign summer guide for holiday hotspots, such as Mt Maunganui and Papamoa. This provided messaging around bin placement at kerbside, what to do with excess waste, what goes in the recycling bins, etc.

9. January 2023 was our biggest month to date for glass and recycling kerbside collections, generating 490 tonnes of glass and 630 tonnes of recycling. This equated to a 56% total diversion (from landfill) rate for the month.

10. The collections took longer each day over the holiday period, but most were completed on their scheduled day, the exception being five streets that were missed on 26 December. Collections on these streets were completed the following morning. Regular ‘missed collection’ communications are sent out to remind residents to leave their bins out if they are missed, to reduce the risk of non-collection the following day.

11. The litter collection group geared-up accordingly for this period as well, to ensure overflowing bins, litter and illegal dumping issues could be dealt with effectively. The team started the litter bin run earlier than normal in the Mount and undertook a second run to deal with the increase in people in this area. Messaging encouraged the public to report overflowing bins and to use another bin or take waste home if a bin was full.

12. We are currently compiling a post-campaign analysis to find out how successful the campaign was in maintaining our service levels over the busy summer period and to take any learnings into next summer's campaign.

13. There was no increase in feedback from the community over this period.

Te Maunga transfer station redevelopment design update

14. The Te Maunga redevelopment project has moved to the detailed design stage.

15. Procurement for a main contractor is due to close at the end of February, with contract award to follow shortly after. At this stage, construction is planned to commence later this year. We will be looking for companies that have a track record of delivering similar projects.

Extreme weather events

16. The storm event over Anniversary Weekend required water plants to be shut down for several hours, due to high turbidity in our source water streams.

17. Wastewater plants experienced very high flows, but there were no overflows at the plants. Several manholes ‘popped’ in the network, releasing wastewater/stormwater.

18. Water and wastewater plant operations staff worked all night to keep the plants operational.

19. Please note that we had to cease water treatment for several hours as the streams were carrying too much silt and sediment to treat. This lowered storage in the city the reservoirs and the plants had to be restarted very carefully and slowly to maintain a flow of treated water to the reservoirs. In future, we are very likely to issue a “Conserve Water” notice at the outset of significant rain events to minimise the risk of reservoirs getting too low – we need to maintain firefighting capacity in addition to domestic supply.

20. Extremely high rainfall for January has impacted our ability to maintain stormwater reserves and these are therefore looking unkempt. It will take a couple of months to catch-up and have our reserves looking acceptable again.

21. Staff were involved in monitoring the transport network over the Anniversary Weekend weather event and ensuring slips were cleared, etc. The two main sites that caused concern were a slip on Welcome Bay Road and the Oropi Bridge, where a hole formed near the southern abutment.

22. Ongoing recruitment is taking place, with approximately seven staff employed over the December/January period. Some of these staff have started and others are due to start in the next two weeks.

23. The three-yearly Waka Kotahi procedural audit took place between the Anniversary and Waitangi Weekends. This audit reviews our financial systems, Waka Kotahi claims and procurement processes, as well as specific projects completed over the 2019/20 to 2021/22 financial year period. The audit covered the period before the restructure of Transport in late-2019 and before the implementation of new systems and processes. Waka Kotahi has indicated that the next audit will be in two years, so they can more accurately assess the impact of the changes in the way Transport is now operating. The audit report is expected in April/May.

24. Construction is continuing along Totara Street and Maunganui and Cameron Roads. The traffic signals on Totara Street will be switched on once the final power connection is completed, as the previously-indicated connection point had insufficient capacity to operate the signals. A new cable is required to be thrust under Totara Street to access an alternative power supply on the port side of the street. Two of the sets of signals (Trident and Kiwaka) will be turned on in the first week of March and the third (Hull Road) is still awaiting confirmation of the power supply and timing for the cable install. Ideally, this will be completed to allow the traffic signals to be turned on in early March.

25. Six-monthly results were reported to the Strategy, Finance and Risk Committee on 13 February. Currently, the TCC-delivered capital programme forecast is tracking at 84% compared to budget.

26. Interim benchmarking will take place in February/March to measure the progress of project delivery improvements since changes were made to organisation in 2020.

27. An internal reporting and monitoring performance project is underway, with the aim of improving reporting and information availability to Council.

CommuNity Services

Community Development

28. The Kāinga Tupu Taskforce has undertaken a recent review, providing a focus on revitalising the connection with the Homelessness Provider Network and adopting a revised Memorandum of Understanding that sets out strategic roles, responsibilities and Taskforce membership. As a result of the review, Kāinga Tupu Action Groups will be re-established, in consultation with the Homelessness Provider Network, to support the delivery of key Kāinga Tupu projects at an operational level.

29. Planning for the Western Bay Homelessness Point in Time Count, to be held in Census week, is well underway in a partnership with Statistics NZ. The Point in Time Count survey results will further populate the Homelessness and Housing Data Dashboards, to continue developing an integrated platform which enables all parties to share the same data, track and understand the effectiveness of actions taken, and report on the State of Homelessness in the Western Bay of Plenty. Other benefits include more clearly identifying the characteristics of people experiencing homelessness, enhancing system planning and programme development, and increasing public awareness about homelessness.

30. As part of the current youth hub feasibility study, the team has been hosting a survey on multiple platforms. A total of 423 responses were received and 204 respondents indicated they would like to be involved in further discussions. On 19 February, staff will be partnering with youth sector organisation ‘Stand Tall’ to run a co-design workshop which will further inform the feasibility study.

31. Our Rangatahi Advisor has been supporting the delivery of Te Toka Whakaea – Youth Climate Forum, a gathering for 13–24-year-olds to discuss the climate issues of most importance in Tauranga. The forum was held on Saturday, 11 February at Huria Marae in Brookfield, where a range of climate topics were discussed and workshopped. Feedback from this hui will feed directly into the Climate Action Plan, which currently in development.

32. A pilot programme for diverse young people wanting to make positive changes locally and globally will continue in 2023, after a successful first year. Launched in October 2021, the Global Ambassadors programme consists of 21 young people from Tauranga and the Western Bay who have contributed more than 1440 volunteering hours across 30 different projects, focus groups and events. All their activities were underpinned by at least one of the United Nations’ Sustainable Development Goals. Work included partnering with Tauranga City Council to support development of the multi-ethnic forum and hosting a group of youth leaders of Somali heritage, in co-operation with E Tū Whānau. The Global Ambassadors programme is a collaboration between Education Tauranga, Enigmatic Global, Tauranga City Council and Council’s Welcoming Communities programme.

33. Our Kaitohutohu Hapori Māori has been supporting a new initiative which aims to address the equity divide within the water safety and aquatics space. ‘Tai Timu, Tai Ora’ delivers training of water safety and swim programmes to kaiako in Kura Māori, who in turn will deliver these services to tamariki in local schools. In partnership with BaySwim and Aquatic Survival Skills, Council is funding a ‘Train the Trainer’ programme whereby BaySwim facilitators teach kaiako the Water Safety and Learn to Swim programmes for years 1-8 children. The kaiako are then able to deliver these programmes in te reo Māori. The pilot of this programme has been a huge success, so phase 2 is exploring roll-out of this kaupapa to all Kura Māori and Māori health and social service providers over the next 12 months.

Emergency Management

34. The entire Emergency Management (EM) team worked alongside our Council colleagues to respond to the severe weather that impacted the country in late-January. In Tauranga, the first response started in the early hours of Sunday 29 January, when multiple incidents of flooding and landslides were reported to emergency services. The most severe incidents included two slips at Egret Ave in Maungatapu, where up to 20 properties were evacuated, as were two houses along Redwood Lane by the Wairoa River. There were multiple slips around the city that required emergency response from many of our teams. As a result, five properties were issued with Dangerous Building Notices in Egret Ave and two properties in Redwood Lane were also deemed uninhabitable. Many slips still exist in the area and will be monitored over the coming weeks.

35. Council has established a recovery office, including a Navigator who is supporting the affected families. A range of council staff, along with specialist consultants, have also been monitoring the slips, with the aim of advising when remedial works can safely begin. The remedial works need to be co-ordinated with private landowners and insurance companies. While it is important to the residents to clear the site as soon as possible, we also need to ensure that the work is only undertaken when we have formal advice that it is safe to do so.

36. Liz Oliver (Senior Advisor – Emergency Management) has been selected as the Bay of Plenty CDEM Group Representative to visit Japan in February, at the invitation of Professor Nomoto, Tokyo Metropolitan University. This will be an opportunity to learn about the impacts of the 2011 Tōhoku Earthquake and Tsunami and subsequent recovery. This will also provide opportunities to exchange disaster risk reduction experiences with Japanese researchers and educators.

Libraries

37. The libraries’ summer reading challenge has just ended and was our biggest ever in terms of numbers participating. We introduced a pre-schooler tier for the first time and also added online registrations, activities and prize draws, making it accessible to more families than ever. A key feature of the challenge is the check-ins, where a young reader tells a library staff member about the books they have read. We recorded 3,000 of these meetings. Consistent reading is the best way to ensure children don’t return to school after the holidays with a lower reading level than when they left, and it also helps provide a great start to the new school year. At its heart, Kia Kaha te Pānui: Summer Reads is about encouraging children to discover a love of reading and stories – a win for parents, teachers and kids! More than 1,000 children participated in Kia Kaha te Pānui over summer, visiting our libraries multiple times with their families. Large crowds came to the two finale parties, held at He Puna Manawa and Memorial Park. With the help of Friends of the Library, we were able to give a prize book to every child who completed three check-in conversations with a librarian. This is a large expense and the fundraising by Friends of the Library is hugely-appreciated. Participants were particularly impressed with the quality of the books and many have noted how treasured the book prizes were.

The feedback from evaluations was very positive, including:

Great job! My two boys have been so motivated by this challenge (got one who is usually struggle to get to read). The other one is certain he's going to win the skateboard.

Hearing my mokopuna 3&6 read back what their books were about, very confident, priceless.

Such a wonderful initiative for the kids to learn, grow & prosper - while building relationships with books, libraries and other readers. Tino pai.

38. Census 2023 - Libraries are working with our Tauranga Moana Census team to provide a computer network and in-person help during the period around Census Day, so that all community members can be counted. Public Libraries New Zealand, the national body for public libraries, has partnered with Statistics New Zealand to provide the public library network as Assisted Completion Locations for Census 2023.

Space and Places

39. Marine Parade Coastal Path - The play area opposite Te Ngaio Reserve was completed and opened for use just before the Christmas holidays. One distinctive feature of the new play area is a driftwood log transported from further along the beach, which is now installed as a unique climbing feature. Planting along the edge of the play area will occur when the main path is installed later in the year and will further enhance its natural integration into the dunes. The new pedestrian crossing to provide a safer road crossing is expected to be completed shortly.

New Natural Play Area at Te Ngaio Reserve

40. Ila Park Upgrade – Work is progressing well at Ila Park, despite the challenging summer weather conditions. Wet pour under-surfacing is well underway, and completion is anticipated by the end of February.

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Wet Pour under Flying Fox at Ila Park

41. The Men’s Shed, Historic Village – Work has commenced on stripping and replacing the existing building’s asbestos cladding. Sabre Construction is undertaking this work and will also be undertaking renewal works on Building 6 (Big Red Shed), 22 (The School House), and 35A & 35B (Nissan Huts) in the coming months.

42. Kopurererua Valley Stream Realignment – This project is tracking well, with the rain and flooding in the valley having a minimal impact. Two significant milestones expected to be delivered in February:

(a) The bridges will be lifted into position within the southern alignment (see picture below)

(b) The “Livening of the stream”, a major milestone for iwi and Tauranga City Council, will be taking place on 21 February, marking 70% completion of the project.

New Pedestrian Bridges arriving at site and ready for installation

43. Welcome Bay Amenity Improvements – the following work has been completed as part of the Welcome Bay Amenity Improvement Project:

(a) Waipuna Park – Installation of a new Basketball court, new shared pathway and boardwalk, upgrade to existing playground, accessibility upgrades to the existing playground, new picnic facilities, new bench seats and bike racks

(b) Johnson Reserve – new natural play area installed

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44. Walkways – Recent weather events have put pressure on all services, including walkways. The team has worked hard in an attempt to keep tracks open and clear. Customer feedback is higher than normal, and as would be expected, the issues are directly-related to high wind and rainfall. We have bolstered the team to help get to repairs as quickly as possible.

45. McLaren Falls has experienced large weather bombs, with extensive damage to existing facilities and new damage resulting in the wider park being closed until safety assessments can be undertaken.

46. Cemeteries – the team has taken back maintenance of the city cemeteries and is providing a higher level of service with the additional resources they now have.

Venues and Events

47. Tauranga hosted the inaugural New Zealand Festival of Squash at Trustpower Baypark Arena in November and Council’s post-event evaluation has recently been completed. The event resulted in 4,273 visitor nights for Tauranga, with these visitors spending $621,450 in the city. In addition to the economic contribution, the event received an incredibly high satisfaction level from attendees, with 98% satisfied or very satisfied with their event experience.

48. In December, FIFA announced that Tauranga had been successful in securing the Netherlands Team Base Camp for the FIFA Women’s World Cup in July. The Netherlands is ranked 6^th in the world and were finalists at the last FIFA Women’s World Cup in 2019. We look forward to welcoming this prestigious team, nicknamed the ‘Oranje leeuwinnen’ (Orange Lionesses).

49. Tauranga’s New Year’s Eve Community Celebrations returned this year, with over 12,000 people enjoying the five community celebrations across the city. Onsite surveys indicated that 89.95% of the public were either satisfied or very satisfied after their New Year’s Eve experience. The inflatable incident at Fergusson Park is still to be investigated by Worksafe.

50. Delivery of the City Centre Events and Activation Plan is tracking well. Several unique events took place in December and January on the waterfront: Including the Tauranga Moana Bomb Comp, which attracted approximately 500 spectators, and the Rockquest Waterfront Takeover. Live music on Wharf Street, free outdoor movie nights and sunrise yoga will continue until March. The ‘Summer in our City Centre’ marketing campaign will also continue until March.

51. The partnership between Te Pou Takawaenga, the Venues and Events team and mana whenua to enhance manaakitanga at events continues, with a pōhiri planned to welcome the England and BLACKCAPS teams before their test at Bay Oval in February. The pōhiri will be performed by kapahaka roopu, Tūtara Kauika and supports Goal 5 in the Tauranga Events Action and Investment Plan, to become the best host city in Aotearoa.

52. Anzac Day planning is underway for this year's services. Council’s Event Delivery Lead will be working closely with the local RSAs and Pāpāmoa Dawn Service Organising Committee to deliver this year's services across the city.

Customer Services

53. A project is underway to develop standalone payment touch screen kiosks in a trial for customers in He Puna Manawa and the new office at Mount Maunganui. It is intended that these will be ready to install in March/April. The kiosks will provide another channel for customers to better access our online payments at these walk-in sites, as well as being a prototype for any expanded kiosk offering of online services. If the trial is successful, future kiosks need not necessarily be limited to traditional council locations.

Arts & Culture

54. The first round of the 2022/23 Creative Communities funding programme was successfully delivered in December, with grants totalling $18,000 made to a diverse range of projects.

Creative Communities is a Creative New Zealand funding programme which distributes funds through local authorities to support community arts projects. Community projects supported in this round included a Bengali dance performance, a South Asian fusion music performance, social painting, and an opera showcase profiling local opera singers. Other successful projects of note included:

(a) A grant to Te Tuhi Mareikura Trust to deliver a series of wananga for local artists, to develop their online presence and digital skills and connect their work to audiences around the world

(b) Support for the Mount Art Group’s annual art exhibition at the Mount Surf Club

(c) Funding towards “Mount Originals”, a studio album featuring original contemporary music made by students at Mount College.

Further rounds of the Creative Communities funding programme will be held in February and May.

55. New Heritage collection displays have been installed in He Puna Manawa, focusing on a ‘back to school’ theme looking at education in Tauranga through the ages. The summer has also seen pop-up displays in Mount Maunganui showcasing vintage tourism brochures and postcards from people holidaying at the Mount. The education and outreach team has spent the summer break developing new teaching resources, alongside Heritage Partner the Elms Trust, with a teacher training day co-facilitated with The Elms exploring and promoting how the Heritage Collection can support teachers to deliver the new ‘Aotearoa Histories” curriculum.

56. The summer lighting activation on The Strand (“The Shapes of Summer”) wrapped-up two weeks earlier than scheduled at the beginning of February, due to damage sustained during the extreme weather, and some vandalism and theft of electrical equipment. While this was a disappointing end to the season, the installations were well-received, with many positive comments made on social media, and lots of families sharing ‘selfies’ featuring the backdrop of lights and the central city waterfront.

Chief Financial Officer

Tauranga Airport

57. Over December and January, 80,688 passengers travelled through the Airport, which is 108% of the volume for the same months pre-COVID. Bookings going forward are strong. Travel agents are reporting they are busier than they have been for a couple of decades.

58. The Terminal Precinct development has commenced, with most of the taxiway relocation completed. Work is now focused on relocating the Z energy fuel pumps and earthworks associated with the construction of the new Fire Station.

59. A condition assessment of the existing runway lighting and associated equipment has been completed, which shows that most of the equipment is either obsolete or in poor condition. Negotiations with Airways NZ are expected to be completed by 22 February.

60. Weather conditions have caused a large number of flight cancellations and while the weekend of severe weather at the end of January tested both the local Air NZ and the Airport’s business continuity capabilities, the plans proved suitable.

Strategy, Growth & Governance

Resource Management Act Reform: Council Submission to the Natural and Built Environment Bill and Spatial Planning Bill

61. On 3 February, the Council submission to the Environment Select Committee on the Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) was lodged. This latest submission to this ongoing reform process follows a previous submission to the Environment Select Committee’s inquiry into the exposure draft of the NBE Act and responses to various consultation documents from the Ministry for the Environment.

62. The Council’s previous feedback acknowledged the need for reform and provided general support for the Government reform objectives. However, the feedback expressed concern that the proposed system would not achieve its objectives or address challenges with the current system. The Council’s most recent submission to the Environment Select Committee has again highlighted these concerns.

63. Key areas of focus of the most recent submission noted that:

· There is a large disconnect between governance, policy and ultimate implementation responsibilities, accountabilities and funding. This needs to be integrated for the future Resource Management System to be able to deliver on its intended outcomes;

· The proposed system is unlikely to improve efficiency and reduce complexity. For example, the NBE Bill contains a long list of (sometimes conflicting) system outcomes, with no prioritisation or hierarchy to guide decision-makers. The NBE Bill is unclear at what point (if any) decisions around trade-offs between conflicting outcomes or locations will be made, or if they will be left to consenting. This approach leads to a situation where key issues that should have been addressed in the plan-making process are left for consenting processes, where given the use of independent commissioners, there will be little if any governance or political oversight on how these matters are addressed;

· The regionalisation of plan-making, and the introduction of Regional Planning Committees (RPCs) will require significant time and resource. RPCs need appropriate funding to be effective;

· The proposed representative structure for RPCs may make it difficult for high-growth Councils to resolve and achieve the required level of focus on priority urban growth challenges;

· The likely one-member Council representative on an RPC cannot bind a council or a Long-term Plan process. Therefore, wider structural issues need to be addressed if the proposed spatial planning approach is to be effective;

· The RPC’s accountability back to parent councils, who represent the communities that are subject to the plans, is diffused but leaves them paying the costs and providing the resources with a much-reduced influence on the outcomes being sought;

· The ability for a region to form a subcommittee to address specific issues is welcomed, as this would allow more influence for metropolitan councils in managing the growth of their cities and recognising that sub-regions within a region often have quite distinct and different development growth issues and opportunities and communities. A sub-regional spatial plan approach would reflect these opportunities and differences.

· Spatial planning will be supported by infrastructure implementation agreements, but with limited integration with LTP processes and central government funding (e.g. Waka Kotahi) not locked-in, they won’t be effective. Integrated and committed funding and implementation plans are critical to the success of the new approach and this is a significant gap in the proposed legislation;

· The introduction of a National Planning Framework (NPF) has potential, but time needs to be allowed for at the outset to get it right and enable coproduction, including with local government. This will help to remove existing conflicts in national direction and avoid the new system suffering the same flaws as the existing legislation;

· The approach to providing Māori needs requires careful thought. A more strategic role for Māori in the RM system, as proposed, would require significant resourcing (both funding and time) to build engagement, capacity and capability for iwi and hapū.

64. While the submission focuses on how the two Bills could be improved, it does note that an overall ‘pause’ and ‘reset’ of the resource management proposals, within the context of the wider institutional, planning and funding environment, may lead to a better long-term solution being identified.

65. Council’s full submission to the two Bills is attached to this report.

66. The next steps for this process are anticipated to be the opportunity to present the Council submission to the Environment Select Committee in the near future.

67. In addition to the TCC submission, BOPRC has been facilitating a high-level joint submission to be collectively submitted by all BOP councils. Staff have reviewed the draft submission, which picks up a number of the same issues and, overall, is aligned with our submission.

Democracy and Governance Services

New Minister of Local Government

68. Hon. Kieran McAnulty has been appointed as the Minister of Local Government in new Prime Minister Chris Hipkins’ recent Cabinet reshuffle. Previously, he was Associate Minister of Local Government. Minister McAnulty also has portfolios as Minister of Emergency Management, Racing and Rural Communities and is Deputy Leader of the House.

Local Government Electoral Legislation Bill

69. The Council submitted on the Local Government Electoral Legislation Bill (submissions closed on 14 September 2022). These were considered by the Governance and Administration Committee, which has reported back to the House and recommends that the Bill be passed with the following main amendments:

· Wording to be consistent with the Electoral (Māori Electoral Option) Legislation Act 2022;

· Community engagement requirements - an amendment requested by TCC and Taituarā to change the wording in section 19GA(5)(a) from “in accordance with Part 6 of the Local Government Act 2002” has been accepted and it is now recommended to read: “as part of its consultation under subpart 1 of Part 6”. This would make it clear that section 19GA was not dictating which particular consultation method should be used under Part 6. The new provision refers to subpart 1 of Part 6 instead of to Part 6 as a whole. This is because there are other subparts of Part 6 that are not relevant to decisions about specific Māori representation (including reporting obligations and financial management);

· Clarifying “communities” - further amendments to make it clear which communities a territorial authority or regional council needs to engage with when making decisions about Māori representation. The term “other communities of interest” is not defined in the Local Electoral Act and is often interpreted to have a place-based meaning. The amendment would remove the words “of interest” from Section 19GA(5)(a) and clarify that the term “communities” should be interpreted as it is used in Part 6 of the Local Government Act 2002.

· Reviewing Māori representation when a Māori ward or constituency is already in place - recommended amendments to new sections 19GA(6) and 19GB, to clarify that territorial authorities and regional councils that have had Māori wards and constituencies instated during only one of their previous two elections cannot review Māori representation. This is designed to allow the wards and constituencies to “bed in”. The current wording could be read to require a determination about Māori representation to be made before each triennial election and this was not the intent.

· Changing the timing of representation reviews - Changes are recommended to section 19N(1) to extend the timeframe for councils to respond to submissions on the initial proposal from six to eight weeks, to allow more time for councils to resolve their final representation proposals. Changes are recommended to section 19O, which deals with the appeal process, to reduce the amount of time during which people can appeal from 20 December to 30 November in the year before the triennial election, to ensure sustained engagement and a quicker final resolution. Changes are recommended to section 19Q to bring forward appeals and objections being passed-on to the Local Government Commission from 15 January to 20 December, to ensure an efficient and focused process.

· Order of decisions about electoral system and representation – Changes are recommended to correct the current mismatch between the timing of electors demanding a poll on the type of electoral system and the first date councils may resolve their initial proposal. The changes would bring the date of a poll demand forward from 21 February to 11 December of the preceding year. This would minimise the risk of representation decisions being made before the type of electoral system was determined.

· Recounts and tied votes – Changes are recommended to section 92B to enable candidates involved in a tied vote to be given three working days after the recount to withdraw, to stop unnecessary delays in the result of the election being announced.

70. The Select Committee did not accept the TCC recommendations in regard to sections 19GA and 19H (2)(b), to clarify the timing of representation reviews for councils which are not in a triennial general election cycle. TCC submitted that where the Minister of Local Government had exercised the power under sections 258I-J of the LGA 2002, the determination will be made after two general elections.

71. The Bill is now at the second reading phase.

Submission to Inquiry into the 2022 Election

72. The Council considered a draft submission at its meeting on 7 February 2023 and subsequently made further changes to the submission. The submission is attached to the report as Appendix 1 and there is a recommendation to retrospectively approve the submission, which was lodged before the closing date for submissions on 14 February 2023.

Takawaenga

73. Rangapū feedback to Central Government Reforms – 2023 has had a hectic start, with a series of deadlines on crucial legislation, including the Three Waters Reforms, Resource Management Act Reforms and the Local Government Review. The focus has been on TCC acting in close partnership with Rangapū, to ensure our tangata whenua views are heard. Generally speaking, we have helped by facilitating workshops, sharing TCC responses and enabling Rangapū to submit an autonomous response, side-by-side with TCC. While this enables TCC and tangata whenua to express different views, more often than not they have been in support of one another.

74. Strategic Framework and Te Ao Māori Approach – Rangapū members have been actively involved in the development of the Action & Investment Plans (AIPs), with each AIP having assigned representatives who contribute a Māori lens to its development. At a high level, the Strategic Framework and the Te Ao Māori approach have been developing in consultation with the Rangapū and Kaumatua Forum and the concepts have been tested and checked regularly, with ongoing support. In addition, specialised mātauranga Māori support has been facilitated into the Sustainability Approach and will be available as more detail is developed. This is essential to bringing life to the high-level support from tangata whenua.

Corporate Services

Community Relations

75. The Media Impact Score has remained consistent over recent months, on average 2.0. Reporting on the Civic Precinct and Centre City Transformation continues to remain positive with Media Impact Scores sitting around 4.7.

76. Reporting has been dominated mainly by recreation & environment themes, especially highlighting current and upcoming attractions in the city and wider region through summer.

77. The recent weather event was a major focus, ensuring updates were shared over social media as regularly as possible with the community, to help keep people safe and informed.

Digital Services

Community Channel Preferences

78. In October 2022, we conducted some research to better understand how our Tauranga communities would like to receive communications from Council. The information received has provided a rich understanding of how the community wants Council to communicate with them, with an overwhelming desire to see a move to a more digital/online communication method. We are now working within the organisation to better support more digital/online communication methods, where appropriate.

Recruitment

79. We are continuing to work on recruitment and retention of Digital staff and have reduced our vacancy rate from 33% four months ago to 23% in January. With multiple new staff starting in the coming weeks, we expect to see the vacancy rate drop to 15%.

Digital Capital Programme - Enterprise Resource Planning (ERP) Programme

80. In late-2022, the digital team validated a programme plan for the next six months (January-June 2023), to continue building on the delivery achieved between October and December 2022. The key focus is to deliver the foundational building blocks required to transition processes from legacy to modern environments.

Customer, Property, Human Resources and Environmental Planning information is currently being migrated from the legacy environment into our central data management platform SAP, with all workstreams on-track to better support the needs of our growing organisation and community.

Supply Chain

81. After a few years of supply chain constraints, we are seeing things ease and lead times returning to normal, particularly in the area of monitors, mouses etc. The market is still somewhat unpredictable however, so the landscape can change quite quickly. One of the biggest challenges currently is the unfavourable exchange rate, particularly when dealing with the US.

Building Fitouts

82. The team is working on multiple building fitouts in various stages of delivery, to bring some of our insourced contracts and remote communities together. Many of these are high priority and the team is focusing on what connectivity can be achieved to meet operating deadlines.

A key issue for the two sites for the City Beautification Project (Tauriko & Mt Maunganui) is confirming the location so that connectivity can be provided before the 1 July deadline.

The Mount Collaborative Space is in the early planning stages and the team is working with Community Relations team to ensure technology provided is fit-for-purpose. This site has a very short turnaround to be operational, so the team is focusing on providing the basics to provide connectivity and building the foundation for the future digital enhancements.

Human Resources

Employee Benefits

83. To aid attraction and retention of staff, we are re-evaluating the staff benefits council currently offers to staff. We expect to complete the initial evaluation phase by mid-2023, with the intent of introducing any new benefits required shortly after. Attractive benefits demonstrate that people and their wellbeing matter. This in turn helps improve performance, employee retention and corporate culture. We will also make the Council a more attractive employer of choice.

Staff Turnover

84. Staff turnover is calculated on a 12-month rolling basis. The employment market continues to be challenging, so it is positive our turnover is remaining steady. Our aspirational staff turnover is 10-12%.

Employee engagement

85. MyTeamPulse is a new employee engagement survey which will be rolled-out to the full organisation from 27 February. This survey is an important part of listening to our employees and ensuring that the Council is a great place to work.

Legal, Risk & Procurement

Legal Services Panel

86. On 1 December, we transitioned to our new legal services panel. Panel members are drawn from two local, three national and one specialist law firm. The panel ensures that we can get consistent legal advice at competitive rates, while also enabling reviews of the quality of the advice we receive.

Business Continuity

87. We have started conducting business continuity validation testing, which in simple terms is a ‘fire drill’ for our business continuity. Teams across the organisation will go through an exercise that simulates a business disruption, such as power outage, cyber-attack etc., to test the readiness of their plans and the organisation’s ability to continue delivering services to the community.

Procurement

88. Through a partnership with Amotai (supplier diversity organisation), we are sponsoring an event to connect suppliers and buyers of services, to diversify the organisations we use to deliver community outcomes. The aim is to enable our supply chain to be more resilient and provide opportunities for a variety of people and organisations to be involved in the work we are doing.

Regulatory and Compliance

Building Services

Building Consents

89. We received 187 Building Consent and Amendment applications in November, 141 in December and 88 in January. This is significantly lower than previous years (between 34 and 54% down, compared with the respective monthly averages). We are expecting volumes to remain lower for the remainder of the financial year, based on information shared with us by our industry partners.

90. We granted 234 consents and amendments in November, 148 in December and 94 in January. The tapering-off of volumes mirrors the reduced number of applications received and is reflected in our decreased use of external contractors now that we are through our backlog of consents. Applications continued to be allocated to a BCO for processing within a week of lodgment.

91. The total value overall of consents issued over the last 12 months has declined as the number of consents issued has fallen. However, the average value of consents has been relatively high over the last six months, as a result of the number of large consents received, such as new technology and teaching blocks at Papamoa College, commercial blocks in Papamoa/Mount, the new Uzabus depot in Tauriko and the first stage of a new aged care facility at Bethlehem Shores. Other peaks in average value over the last four years are also associated with large consents such as the Winstone Gib factory (stage 2) in March 2021.

92. Compliance with statutory timeframes has plateaued, with 71% of consents and amendments being issued within 20 working days in November, 75% in December and 73% in January. There are a number of reasons for this lower-than-ideal compliance, including reduced staffing over December and January. However, it has significantly improved from 46% last year.

93. Inspection wait times for standard (45-minute) inspections have remained low, generally around 1-2 days. The wait time for our most complex inspection types (for instance R3 Finals) increased to 18 days in the lead-up to Christmas, but dropped back to an average of nine days throughout January.

94. As at the end of January, we had 12 trainee Building Control Officers (processors and inspectors) who had yet to attain formal competency. We expect roughly half of these to achieve their competency in February or March, and the remainder later in the year. As these trainees complete their competency assessments, we expect to see improved productivity as they will be able to complete more work and their supervisors will spend less time with the trainees. We are continuing recruitment for the next intake into our trainee BCO programme, albeit at a slightly reduced volume.

Compliance

95. The volume of complaints received about potentially illegal building work dropped over the holiday period, from 50 in November to 17 in December and 23 in January.

96. We have put extra effort into our pool inspection programme over the summer, with 69 pools inspected in November, 88 in December and 117 in January. We put a greater emphasis on these inspections during the summer, as this is when pools are most frequently filled and in use. Compliance rates are high, with 80% typically passing. The most common cause of a failed inspection is a non-compliant gate or latch and, in most cases, this is easily remedied.

97. Our Building Warrant of Fitness (BWOF) audit programme is identifying a number of buildings that haven’t complied with the required inspection and maintenance regimes. Recent guidance from MBIE has confirmed that we can’t issue a BWOF where the past 12 months’ records are incomplete, which is causing issues with some of the city’s commercial buildings. This has been raised with MBIE, and their staff are considering what, if anything, needs to be done differently.

Matters of Interest

98. Five of our Building Control Officers assisted Auckland Council with the response to the flood event in late-January. This was a great opportunity for the team to help-out our colleagues and the Auckland community, but also enabled them to see the practical application of our natural hazard mapping and controls. It was clear that the flooded areas in Auckland were almost exclusively in areas identified as flood prone and showed the importance of Building Consent process controls.

Environmental Planning

Resource Consenting

99. Resource consent applications remain high, following relatively low numbers received in July and August last year. Between October and December, the Resource Consents team processed 284 consenting matters, including 61 land use consents, 41 subdivision approvals, 42 variations to existing consents and 50 easements.

100. Activities consented included public walkways, new classrooms, town house developments and state highway roading interchanges. Particularly complex land consents have included those with contaminated land, aviation fuel storage tanks, and activities in flood-prone areas, flood plains and overland flow-paths.

101. Compliance with statutory timeframes for this period was 60%. The second quarter saw the departure of five planners, leaving 11 out of 20 positions filled. This coincided with a high application volume and complexity across the function, which has contributed to not meeting statutory timeframes.

102. Successful recruitment through the end of the second quarter has resulted in a number of new graduates and planners starting in January. We have also successfully engaged a number of consultant planners, and the External Peer Review Panel (Stormwater, Wastewater, Transport) is now delivering an improved level of service in terms of timeframes. With these factors, as well as the volume of Building Consent applications continuing to trend down, it is expected that we will see an improvement in timeframe compliance through the next six months.

103. The Development Engineers have received 118 referrals for technical advice during the reporting period. The External Peer Review Panel commenced during this time and the process is now well-embedded, with the panel providing good feedback on application referrals.

104. For wastewater and stormwater, we are mostly seeing low risk applications, which don’t require peer review by our Asset Managers. Panel capacity is good for this work with a range of consultants providing support. We have completed 31 transport referrals since October 2022. Panel capacity for transport reviews has at times been stretched and we are reviewing onboarding another consultancy to increase capacity in this area.

105. Our Urban Designer starts at the end of February and work is well-underway in setting up our urban design panel and processes. The panel came together in December for training, which included learning about the process, roles and responsibilities of the panel, along with a City Centre walk-and-talk.

Development Contributions

106. The Development Contributions team has assessed approximately 1000 building consents with a DC assessment value of approximately $18 million in the first two quarters. In addition, the team has assessed 350 resource consents. The team is seeing more requests for deferral of development contributions, and these are being reviewed with the Policy team to find an equitable way of managing this within the constraints of the Building Act and Local Government Act.

Environmental Monitoring

107. 183 incidents have been responded to so far this year, following complaints received from the community. These incidents generally require onsite assessment and are broken down by type below, with the most significant issues around sediment control and business activities in residential zones.

108. We continue to receive a large volume of noise complaints, 925 so far this year, which tend to be residential noise complaints about neighbour noise. The team undertakes proactive consent monitoring of noise and vibration, particularly for events planned over summer, and is involved in stakeholder meetings and reviewing noise management plans to ensure neighbour expectations are managed through the process. This includes site visits when concert stages are being set up, to ensure they are orientated optimally for noise management.

Matters of interest

109. There were no appeals of decisions during the reporting period, but several successful hearings were held (including a Hospital Designation). A number of significant consents were granted, including a 38 Unit, four-Level apartment building on Selwyn St, the Northern Quarter Stages 1 and 2, the outline plan of works for the Civic Precinct Stage 1, and the Papamoa East Interchange.

Environmental Regulation

Alcohol Licensing

110. During this last period, the Alcohol Licensing Team forwarded 77 various alcohol licensing related applications to the District Licensing Committee (DLC) for consideration and determination. Of those applications, six (1 – New ON Licence, 5 – Renewal OFF Licences) have either been opposed by the agencies or have received public objections. Hearings for these applications will be or have been scheduled for the near future, depending on the availability of all parties. The balance of applications have been granted by the DLC ‘on the papers’. Approximately 30% of applications are for special licenses (one-offs).

111. Inspections of 28 alcohol licensing premises were conducted by Alcohol Licensing Inspectors over the same period, and of the eight major events scheduled to be held in Tauranga, four were monitored by staff (without any issues being identified). The remaining four were cancelled due to adverse weather conditions.

Environmental Health

112. So far this year, the team has undertaken 205 inspections of food businesses, as well as 642 registrations of food and health premises. Only 86 of these were for new premises. The team has investigated 14 complaints received and, in most cases, education and advice are enough to resolve the issue. One Abatement Notice was issued in relation to possible cross-contamination and food preparation procedures.

113. We do aim to undertake inspections each year of all food premises, however the first six months of the year have been impacted by reduced staff numbers. To assist with the backlog of inspections, a contractor has been engaged and will start work in late-February.

114. Two Environmental Health Officers will be attending the New Zealand Institute of Environmental Health Conference in early March. Topics covered include situational awareness and safety, elements and ingredients of offences, topical prosecutions, verification training, MPI food training, drinking water safety and legislation, contaminated land, wellbeing in the workforce, amongst others.

Animal Services

115. Many Councils are experiencing a significant upsurge in reported dog attacks on people. Fortunately, we have not experienced this in Tauranga, but we have noted an increase in reported dogs rushing at people and their pets. See the figure below, which outlines aggression incidents reported over the last five years in Tauranga.

116. A “rushing at” is where a dog has shown aggression toward a person or domestic animal and the person feels either they or their pet have been endangered, but no physical contact has been made. It is a subjective call made by the complainant, and the incident must happen in a public place.

Note: The 22/23 values are projections based on YTD complaints.

117. Projections for the 22/23 year indicate that we are experiencing a 16% increase in roaming dog complaints, with 149 more complaints received for the first seven months compared to the same period last year. This may be related to more owners returning to the workplace and many dogs are being left home unattended, something the dogs are not used to. If the dog is registered and has no previous history, it will be returned home free of charge; if it happens again, the dog will be impounded until claimed by the owner. The increase in roaming dogs has led to a 15% increase in the number of dogs impounded so far this year.

118. We have commenced a campaign to contact all dog owners who have not provided microchip information about their dog to Council. This is required by the Dog Control Act and if the owner continues to fail to microchip their dog, they will receive an infringement. To assist dog owners, the pound provides a microchip service during normal pound hours. So far this year, 68 owners have brought their dog to the pound to be ‘chipped’, compared to 66 for all of last year. In addition, 53 impounded dogs have also been microchipped. We often find the dog owner has had their dog microchipped, but they haven’t informed Council. This is often because of a misunderstanding when a veterinarian has microchipped the dog and recorded it on the Companion Animal register, but not the Council register.

Parking and Bylaws

119. On 1 December, paid parking was reintroduced in the Tauranga CBD area. On-street parking had been free for a maximum of 2 hours per day since July 2020. We have taken an educational approach to our enforcement, issuing warning notices in the first instance. If the same vehicle is observed again, an infringement is issued. From 1 December to 31 January, 997 warning notices were issued to vehicle owners for not paying for parking, and 182 infringements have been issued to vehicle owners who have previously received a warning. In this same period, we have issued 72 infringements for vehicles parking longer than paid for.

120. On 1 December, a blanket restriction on berm parking was introduced from Marsh Street to Eleventh Avenue. We have taken the same approach as with paid parking offences, with 1556 warnings and 36 infringements issued to vehicles parked behind the kerb.

121. Despite the weather, numerous complaints have been received regarding illegal parking in the vehicle and trailer combination boat ramp on Pilot Bay. This is heavily monitored, and 149 infringements were issued in December and January.

122. Only one special vehicle lane infringement notice for Links Avenue has been challenged in court, the defendant claiming that they did not see the signage. The Courts found in Council’s favor. There are three defended hearings pending for both Links Ave and Hairini St bus lane infringements. It is expected that these matters will be heard during February and March.

123. Freedom camping enforcement has increased to nightly patrols, 7 days a week, from 1 November, in response to an influx of summer freedom campers. 225 infringements for breaches of the Freedom Camping Bylaw were issued in December and January. Locations of concern have been Stella Place (59 infringements), Marine Parade (43 infringements) and Marine Park (26 infringements). Of the 225 infringements, 81 were for freedom camping in a non-self-contained vehicle, 78 for freedom camping outside the designated area and 45 for freedom camping in a prohibited area.

124. Homelessness continues to be an issue in a number of our reserves, with 53 complaints received in December and January. Our Bylaws Officers continue to engage and connect these individuals to support agencies. Some locations, such as Memorial Park and Cambridge Park, are generating complaints of antisocial behavior linked to the homeless. These complaints are referred to the Police. A homeless male rough sleeping in his vehicle in Greerton Marist Reserve has relocated after two years.

Key Account Management

125. Our Key Account Manager continues to support the delivery of good regulatory outcomes, primarily operating across the Environmental Planning and Building Services teams, while working closely with Infrastructure, providing a single point of contact for engagement and communication with applicants and their teams.

126. Projects include the Civic Centre redevelopment, 2 Devonport Road, Haumoana private hospital, Bethlehem Shores, MetlifeCare, Northern Quarter, Kainga Ora, Ministry of Education, Bluehaven developments, and Group Home Builders.

Submission to the Sale and Supply of Alcohol (Community Participation) Amendment Bill

127. The Sale and Supply of Alcohol (Community Participation) Amendment 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.

128. The Council considered a draft submission at its meeting on 7 February 2023 and subsequently made further changes to the submission. The submission is attached to the report as Attachment 3 and there is a recommendation to retrospectively approve the submission, which was lodged before the closing date for submissions on 12 February 2023.

City Development & Partnerships

City Partnerships

129. Our application for $12.1 million in Three Waters Better-Off funding from central Government was approved in late-December. This will go directly towards Te Manawataki o Te Papa.

130. We have also been successful in securing an additional $528,847 in funding from the Lottery Community Facilities Fund to go towards the construction of the Destination Skatepark. This was the full amount requested, which means we have now been granted a total of $2,011,217 from external sources (including $1,023,000 from TECT and $459,370 from New Zealand Community Trust). The feedback that we received from Lotteries was that the request aligned well with Lottery Grants Board outcomes and the Committee’s priorities and funding criteria.

131. We are currently recruiting for new trustees for the Tauranga Art Gallery Trust and Tourism Bay of Plenty boards, with listings being advertised via various media and on the TCC website. In the meantime, we have undertaken the three-yearly CCO Board remuneration review, which will come to Council on 20 March.

132. A Managing Risk, Improving Trust & Confidence training session for CCO board members has been organised for later this month, facilitated by the Office of the Auditor General.

133. A City Partners’ event was held on 12 December where Willis Bond shared the latest Civic Precinct designs with key stakeholders, after they were presented at the Council meeting on the same day. Over 70 stakeholders attended, with the response being very positive.

134. On 15 February, along with architects Warren and Mahoney, we presented at an event on sustainable building practices hosted by Priority One and the Green Building Council, highlighting our 90 Devonport Road and Te Manawataki o Te Papa projects. Over 80 registrations were received for this function, with high levels of interest from local builders and architects.

135. A project team has been formed to consider options for short- and medium-term city centre parking interventions, to assist during the period of construction disruption and while we are transitioning in our modal shift journey. An Issues and Options paper will be put forward to Council in April for consideration. Bay of Plenty Regional Council is keen to support us where possible.

136. The draft Mainstreet Policy will be circulated to departments within Council for comments from interested teams. The policy is intended to support greater accountability and higher levels of performance for Mainstreets. Alongside the policy, the City Partnerships Specialist is developing a framework to support the expansion of Mainstreet targeted rating areas, with Papamoa and Mount Maunganui Mainstreets currently investigating this option.

137. Six-monthly written reports for the period July – December 2022 have been received from the four Mainstreets, with presentations to the Strategy, Finance and Risk Committee planned for March. Mainstreets have been provided with foot traffic and spend data for their areas.

138. Papamoa Unlimited approved a motion at their Annual General Meeting in December requesting an increase to the Mainstreet targeted rate, from the $50,000 included in the LTP to $60,000 for the 2023/24 financial year. Section 78 of the Local Government Act 2002 states that “a local authority must, in the course of its decision-making process in relation to a matter, give consideration to the views and preferences of persons likely to be affected by, or to have an interest in, the matter.” A letter of support has been received from Papamoa Plaza, one of the major ratepayers in the targeted rating area, with further letters of support anticipated from those affected.

Te Manawataki o Te Papa – Civic Precinct

139. At the Council Meeting on 12 December, the Council approved the preliminary designs and cost estimates for Te Manawataki o Te Papa Site A and authorised staff to proceed to developed and detailed design.

140. An Advanced Works Agreement has been signed between PowerCo and TCC, which enables the procurement of required equipment such as temporary transformers and cabling. PowerCo is currently completing the detail design work and BECA has been engaged to validate the information originally provided to Powerco to confirm transformer sizing requirements.

141. A work programme for the next six-months is being developed by project managers RCP. The work programme will include the potholing schedule around the site, to provide surety about the location of third-party utility services.

Tauranga Moana Waterfront

The Strand Reserve

142. The landscape architect is currently preparing the developed design and cost estimates for the north, central and south areas of The Strand Reserve. The developed designs and cost estimates will be presented to Council in April.

143. The project team has shortlisted and invited four playground design specialists to present proposals as part of Stage 2 of the procurement process.

144. Concept designs for the new Wharewaka and public conveniences, and the renewal of the seawall with living seawalls, are currently being developed. Discussions with the Otamataha Trust on the location of the Wharewaka are underway and will be finalised by March.

The Strand South – Te Hononga ki Te Awanui 

145. The project team and contractors decided to defer installation of the KiwiRail Underpass due to severe weather-related safety concerns. Staff and KiwiRail are discussing a new date for a BOL (Block of Line) to complete the installation. 

146. The boardwalk 50% developed design has been delivered, with a preferred option for timber supporting piles. The decking timber for the boardwalk has been ordered to ensure material availability for construction in mid-2023, with completion scheduled for October. The project team has issued a Registration of Interest for Early Contractor Involvement. The submissions will be evaluated in early-March to enable the preferred contractor to be involved in the final design process.

147. In-person landowner engagement has commenced in relation to the Memorial Link between Tunks Reserve and Memorial Park, prior to the development of a concept design, which is expected to be delivered in the first quarter of 2023. 

Tunk’s Reserve/Elizabeth Street East 

148. The 100% construction design has undergone internal review, which has resulted in some modification to the roading pavement specification and design.

149. Building Consent Exemption has been approved for the works.

150. RFP Documents have been uploaded to Tenderlink, with tenders closing on 16 March.

Masonic Park 

151. The landscape architect is currently preparing the developed design, with construction scheduled to commence by mid-2023. The project will be delivered in accordance with the TCC/Willis Bond partnering agreement.

152. The project team is also working with the Tauranga Art Gallery Executive and Board to coordinate the construction of the new Art Gallery entrance onto Masonic Park.

153. Engagement with adjoining food and beverage operators is underway.  

Dive Crescent carpark  

154. Crossroads Construction Ltd was appointed prior to Christmas to undertake the carpark upgrade.

155. Construction works are due to be completed by 31 March. Long lead-time items, including the carpark lighting and some plant species, will be installed after the construction completion date.

Beacon Services Wharf  

156. The preferred design prepared by Tonkin + Taylor includes a new pedestrian ramp from Dive Crescent leading to an existing concrete platform. Fixed to this structure will be a new viewing platform that has an aluminium gangway attached to it, connecting to a large concrete pontoon. A new paved/decked viewing area will be created at the top of the existing wharf. The preferred design also sees the entire area being landscaped and the existing seawall treated to mirror the balance of the development along the waterfront. 

157. Engagement with stakeholders on this option is scheduled for late-February, where feedback on the concept designs will be gathered through a series of drop-in sessions.

158. Contractors have completed Cone Penetration Tests (CPT) along Dive Crescent in the vicinity of the wharf, to provide confidence about the nature of the harbour floor substrates. A CPT programme encompassing the marine zone running along the waterfront is also planned in March. The programme will focus on those areas where the proposed wharf developments are located.

159. The team is working with the University of Waikato Coastal Science Group on how best to protect the rare blue sponges located in the vicinity of the wharf, as the development takes shape.  

Cargo Shed 

160. All seismic and internal fit-out works have been completed and the Code of Compliance Inspection has been completed.

161. The Cargo Shed has been handed over to the Property Team to manage the asset, and the Baycourt team to manage the ongoing use of the space. Project close-out is well underway.

Elizabeth Street carpark seismic strengthening  

162. A handover, which includes additional elements required to be added to the maintenance schedule for the property, is planned for late-February.  

163. Close-out of the project is progressing. 

Spring Street carpark seismic strengthening 

164. The project team is managing the complexity of the strengthening design and revising the drilling schedule and bracket design at various strengthening locations.

165. Due to the complexities of this work, the contractor has issued a new construction programme including a three-month extension to the original completion date.

166. Strengthening work to the public toilets in the building has begun, which includes an upgrading of the women’s WC. The toilets will be closed for the next 4-6 weeks, and we are looking into the option of providing a temporary portacom toilet while the upgrade is in progress.

90 Devonport Road (Civic Administration Building fit out)  

167. Willis Bond has received the Stage 1 Foundation Building Consent, and site accommodation and hoardings have been installed. 

168. A Security Strategy is being developed through a series of workshops with TCC specialist groups. The information from the security workshops will inform the Security Design for 90 Devonport Road.

169. ICT/AV and Radio Comms Design is progressing.

170. Main Contract Hard Fit-out (MCHF) fees for the fit-out works are being negotiated.

171. The 100% developed design is expected by 1 May.

172. LT McGuinness has presented a construction programme showing a completion date of February 2025. The project team is working through scenarios for a staged occupation.

Memorial Park

173. The project scope, as defined within the completed feasibility study, includes development of new aquatic facilities and an upgrade to the existing indoor court facilities. A delivery plan for the design and construction phases of work is well-progressed.

174. A procurement approach for the designers and construction partner has been established. This acknowledges the scale and complexity of the project, along with the challenges currently faced by the construction industry. Early market-testing indicates a reasonable level of interest in the project.

175. We plan to commence the procurement of the design team in early-March, closely followed by procurement of a construction partner for the project.

Communications and engagement 

176. An overarching communications strategy and plan for the coming year has been developed, which identifies key dates and milestones for when and how we will be communicating and engaging with our community about all projects related to the city centre.

177. Individual communications and engagement plans (internal and external) for each project continue to be implemented to keep people updated and informed about progress and help understanding of how each project fits in with the wider transformation of the city centre.

178. We continue to support project managers in their engagement with the community and stakeholders, to promote understanding of the impacts projects may have.

179. We have developed a specific section on the TCC website with the latest information on the city centre projects, as well as the relevant supporting documents (www.tauranga.govt.nz/ourfuturecitycentre). This is proving to be a valuable resource for internal and external purposes.

180. Timelapse cameras have been set up at key sites, so we can capture the historical transformation of the city centre taking place and share that progress with our community.

Attachments

1. 2023 02 03 NBEA and SPA Bills - TCC Submission - Final_PDF - A14384557 ⇩

2. Submission on Inquiry into 2022 local elections - Tauranga City Council - A14350245 ⇩

3. Tauranga City Council Submission to the the Sale and Supply of Alcohol (Community Participation) Amendment Bill - A14393503 ⇩

Ordinary Council meeting Agenda

27 February 2023

11.8 Existing Use Rights in the Mount Maunganui Industrial Area

File Number: A14412953

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

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

Purpose of the Report

1. To report to Council on matters associated with activities in the Mount Maunganui Industrial Area.

Recommendations

That the Council:

(a) Receives the report "Existing Use Rights in the Mount Maunganui Industrial Area".

(b) Notes the legal advice received, in particular that:

(i) Many industrial activities in the Mount Maunganui Industrial Area have existing use rights.

(ii) Rezoning under the City Plan could potentially constrain future activities but not activities that are protected by existing use rights.

(iii) No feasible legal mechanism open to the Tauranga City Council has been identified to compel existing industry to relocate away from Whareroa Marae.

Executive Summary

2. The Mount Maunganui community have been concerned about impacts of heavy industry for some time. The scoping report into the managed retreat of industry surrounding Whareroa marae has not progressed, and our legal advice has shown there is no legal mechanism to extinguish existing use rights. We can however manage future land use in a different way.

Background

3. Significant concerns about the impact of heavy industry on residents and other users of the Mount Maunganui area generally and the Whareroa marae community specifically (and associated buildings and uses) have been expressed over a number of years. Impacts the community have been concerned about include contaminants in the air and water, as well as hazards, noise and amenity

4. In late 2019 the Mount Maunganui Airshed was declared a polluted airshed. Regulation 17 of the National Environmental Standards for Air Quality (NESAQ) requires consent authorities to decline resource consents for new discharges into polluted airsheds. This effectively limits new, changed or increased industrial activity which will result in certain pollution discharges.

5. In June 2020, following a presentation by representatives of Whareroa marae hau kainga, the Tauranga Moana Advisory Group (TMAG) recommended:

“the urgent development of an Action Plan in collaboration with Whareroa marae hau kainga and as a first step: commission an independent, comprehensive report to investigate the potential for instigating a managed retreat of pollutant industries from the Totara Rd site south of Hewletts Road and report back to this committee when completed.”

6. Advice was sought by TCC and BOPRC jointly, to ascertain how the TMAG recommendation could be progressed. Paul Beverley, Partner at Buddle Findlay was approached as he specialises in resource management planning and consenting, Māori Law and Treaty Settlement negotiations.

7. Mr Beverley has provided advice that:

· It was appropriate that an action plan be developed in collaboration with Whareroa marae hau kainga

· The process be commenced by developing a scoping and issues report, in collaboration with Whareroa marae hau kainga, which might then be followed up by a more comprehensive report.

8. On 6 August 2020 the Bay of Plenty Regional Council (BOPRC) considered the matter and resolved that:

a) “With agreement and in collaboration with Whareroa Marae hau kainga, and TCC, the initial scoping report commences as recommended by consultant

b) Staff report back to Council once the initial scoping report is finalised.

9. On 11 August 2020 TCC also considered the matter and resolved as follows:

a) … authorises a high-level investigation of potential pathways to achieve:

i) Managed retreat of existing heavy and/or hazardous industry in the area surrounding Whareroa Marae;

ii) Limitation of new future heavy and/or hazardous or high polluting industry in the Mount area.

b) That the pathway options to reduce the harmful effects being experienced by the people of Whareroa Marae be presented as immediate, short-term, medium-term and long-term initiatives

c) Confirms that this report be released to the public on approval of the Chief Executive.

10. In March 2022 an update was provided to the TMAG which noted the following points:

· Process was ongoing with Paul Beverly engaging closely with the Marae Committee in a facilitation role alongside Phil Mitchell from Mitchell Daysh Planning Consultancy.

· It was critical that the work was conducted collaboratively with the Whareroa Marae hau kainga in order to identify an appropriate way to address the issues

· Needed to move at a pace at which the marae community felt comfortable with, and critical that the marae community took a leading role on the way forward and identifying their next steps

· Acknowledged that the marae community had limited resources which impacted the pace of moving forward

· The marae had internal processes underway – wananga by whanau was ongoing. A lot of mahi was ongoing.

· Looking at examples, lesson learnt by others/best practices/historical costs to guide and inform the next steps.

11. While the work of Paul Beverly and Phil Mitchell has not been brought to a formal conclusion, there is currently no active work underway.

12. The Mount Air Quality Working Party facilitated by BOPRC continue to meet quarterly and report to the Tauranga Moana Advisory Group. The most recent working party meeting on 22 February the key findings of the interim decision of the Environment Court on Plan Change 13 to the Regional Natural Resources Plan. It is expected that at a future meeting there will be a presentation on a health impact study commissioned by Toi Te Ora.

13. BOPRC has responsibilities for managing environmental impacts and has the ability to do this through a range of mechanism including through the Regional Natural Resources Plan, enforcement of existing consent requirements, possible review of consent conditions under s.128 RMA, monitoring and non-regulatory approaches (including education).

Recent related Matters

Regional Plan Change (PC) 13 (Air Quality)

14. In response to concern around dust, pollution, and odour issues BOPRC progressed PC13 with notification in late February 2018. 80 submissions and 30 further submissions were received. Hearings were held in October 2018 and decisions were related on 12 March 2019. Ten appeals were lodged with the Environment Court.

15. The Environment Court has recently issued an interim decision for PC13 in relation to the rule which requires resource consent for handling of bulk solid material and logs. Previously, these were permitted activities and as such they have not held a resource consent and are therefore considered new activities.

16. The Court has heard extensive evidence and issued its interim decision. In summary:

· Bulk solid material handling and log handling will be permitted activities for a three-year interim period – managed according to an interim permitted activity rule (IPAR)

· Following the IPAR period, the activities will become restricted discretionary activities and will require resource consent. Prior to this, if parties apply for and are granted a Certificate of Compliance, Regulation 17 will not apply

· The Court will direct the Regional Council to introduce provisions to manage unsealed yards in the MMA using the section 293 process of the Resource Management Act\

17. The Court has requested parties to the appeal to submit comments on specific matters and these are due to be filed with the Court at the end of March 2023.

Mount Planning and Delivery Programme including Spatial Plan

18. There are currently over thirty Council-led projects of varying scale planned or underway for the Mount Maunganui area (including Bayfair, Omanu, Whareroa and the Mount industrial area) over the next 12 months and beyond. These projects were reported to the 5 December 2022 Strategy Finance and Risk Committee.

19. One of the key projects is the Mount Maunganui Spatial Plan. This will be a 30-year blueprint providing strategic direction for existing and future growth needs of the area.

Mount Industrial Planning Project

20. The Mount Industrial Planning Project is being prepared at the same time as the Mount Spatial Plan. The purpose of the industrial study is looking to plan for the future of the industrial area and identify a programme of actions, which considers current issues and the needs of all stakeholders. Those issues include future land use, cultural and social impacts, natural hazards, air quality, transportation and economic growth. An integrated approach is being taken to the two projects, particularly in relation to engagement with mana whenua and key stakeholders.

21. The project will explore the mechanisms to manage future industrial land use. There will be a focus on what can be done to achieve the aspirations of Whareroa marae hau kainga, mana whenua and the wider community in the future and how a move away from heavy industry can be achieved over time.

22. The first Reference Group meeting with the project partners is scheduled for Monday 20 February with a second workshop on 28 February. A general stakeholder workshop with industrial stakeholders is being held on 7 March.

23. A baseline analysis report is currently being prepared which will collate what information is known for the industrial area. This will cover matters such as natural hazards, transport, infrastructure, air quality etc.

24. It is likely that the Mount Industrial Planning Project will explore a range of scenarios together with possible interventions / actions for each of those scenarios. This will be focused on addressing future development rather than existing activities and land uses.

Legal Advice on Mount Maunganui Industrial Area Existing Use Rights

25. As part of the work for the both the Mount Spatial Plan and the Mount Industrial Planning Project TCC sought legal advice to understand the rights and ability to change existing land use activities (refer attachment 1).

26. The key points of the legal advice are:

(a) It would be reasonable to assume that a considerable proportion of existing uses will meet the tests to be protected by existing use rights under S10 of the RMA.

(b) Existing use rights under S10 cannot be terminated through a change to a District Plan.

(c) Existing use rights may be overridden through a change to the Regional Plan, provided the changes are for the purposes in s30(1)(c) RMA, which relate to soil conservation, water, ecosystems, and natural hazards.

(d) Rezoning under the City Plan could potentially constrain future activities but not activities that are protected by existing use rights.

(e) As currently drafted the Natural and Build Environment Bill would not provide a mechanism to override existing use rights at the Mount Maunganui industrial area unless provided in a district rule which gives effect to the national planning framework. There are uncertainties as to whether the Bill will give any new options for Council and in particular how the national planning framework will apply.

(f) Not aware of any feasible legal mechanism open to Tauranga City Council to compel industry to relocate away from Whareroa Marae.

Significance

27. 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.

28. 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.

29. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the issue is of medium significance. The decision to receive the report is considered to be of low significance as it is information not an action decision.

ENGAGEMENT

30. 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. Engagement is being undertaken with respect to the Mount Spatial Plan and the Mount Industrial Planning Project.

31. TCC has advised Whareroa Marae representatives, Ngai te Rangi and BOPRC of this report and attachments prior to the meeting being held.

Next steps

32. Through the Mount Spatial Plan and associated Mount Industrial Planning project, we will explore the future land use options for the area and the ways in which these can be achieved.

Attachments

1. Legal Opinion Mount Maunganui Industrial Area Existing Use Rights - A14412043 ⇩

[2] Sections 93(3), 93(7), 101B(1), 94, 93(2) and 93A(4), Local Government Act 2002 respectively.


AGENDA Ordinary Council meeting Monday, 27 February 2023
I hereby give notice that an Ordinary meeting of Council will be held on:
Date:	Monday, 27 February 2023
Time:	9.30am
Location:	Bay of Plenty Regional Council Chambers Regional House 1 Elizabeth Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive

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

Advantages		Disadvantages
· Managers have reviewed the SFAs and have made recommendations based on reasonable expectations · The SFAs reflect best practice guidance · The SFAs provide clarity and certainty to council staff in preparing the LTP · The assumptions form the basis of planning and are auditable.		· Changes to SFAs after detailed LTP preparation has started will require some re-work.
Key risks	Some updating of assumption and re-work of elements of the LTP may be inevitable due to the ever-changing environment which it is being prepared in.
Recommended?	Yes

Advantages		Disadvantages
· Potential opportunities for SFAs to be amended and reconsidered.		· Further staff time required to consider or reconsider SFAs · Delay in adopting the SFAs (depending on the duration) may delay preparation of the LTP.
Key risks	Delay in accepting the SFAs may jeopardise timely delivery of the LTP.
Recommended?	No

· To ensure the effective and efficient governance of the City

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

· Oversee the work of all committees and subcommittees.

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