AGENDA

 

Strategy, Finance and Risk Committee meeting

Monday, 25 March 2024

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

Date:

Monday, 25 March 2024

Time:

to start at the conclusion of the Council meeting

Location:

Bay of Plenty Regional Council Chambers

Regional House

1 Elizabeth Street

Tauranga

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

Marty Grenfell

Chief Executive

 


Terms of reference – Strategy, Finance & Risk Committee

 

 

Membership

Chairperson

Commission Chair Anne Tolley

Deputy chairperson

Dr Wayne Beilby – Tangata Whenua representative

Members

Commissioner Shadrach Rolleston

Commissioner Stephen Selwood

Commissioner Bill Wasley

 

Matire Duncan, Te Rangapū Mana Whenua o Tauranga Moana Chairperson

Te Pio Kawe         –   Tangata Whenua representative

Rohario Murray    –   Tangata Whenua representative

Bruce Robertson  –   External appointee with finance and risk experience

Quorum

Five (5) members must be physically present, and at least three (3) commissioners and two (2) externally appointed members must be present.

Meeting frequency

Six weekly

 

Role

The role of the Strategy, Finance and Risk Committee (the Committee) is:

(a)        to assist and advise the Council in discharging its responsibility and ownership of health and safety, risk management, internal control, financial management practices, frameworks and processes to ensure these are robust and appropriate to safeguard the Council's staff and its financial and non-financial assets;

(b)        to consider strategic issues facing the city and develop a pathway for the future;

(c)        to monitor progress on achievement of desired strategic outcomes;

(d)        to review and determine the policy and bylaw framework that will assist in achieving the strategic priorities and outcomes for the Tauranga City Council.

Membership

The Committee will consist of:

·       four commissioners with the Commission Chair appointed as the Chairperson of the Committee

·       the Chairperson of Te Rangapū Mana Whenua o Tauranga Moana

·       three tangata whenua representatives (recommended by Te Rangapū Mana Whenua o Tauranga Moana and appointed by Council)

·       an independent external person with finance and risk experience appointed by the Council.

 

Voting Rights

The tangata whenua representatives and the independent external person have voting rights as do the Commissioners.

The Chairperson of Te Rangapu Mana Whenua o Tauranga Moana is an advisory position, without voting rights, designed to ensure mana whenua discussions are connected to the committee.

Committee's Scope and Responsibilities

A.  STRATEGIC ISSUES

The Committee will consider strategic issues, options, community impact and explore opportunities for achieving outcomes through a partnership approach.

A1 – Strategic Issues

The Committee's responsibilities with regard to Strategic Issues are:

·       Adopt an annual work programme of significant strategic issues and projects to be addressed. The work programme will be reviewed on a six-monthly basis.

·       In respect of each issue/project on the work programme, and any additional matters as determined by the Committee:

o          Consider existing and future strategic context

o          Consider opportunities and possible options

o          Determine preferred direction and pathway forward and recommend to Council for inclusion into strategies, statutory documents (including City Plan) and plans.

·       Consider and approve changes to service delivery arrangements arising from the service delivery reviews required under Local Government Act 2002 that are referred to the Committee by the Chief Executive.

·       To take appropriate account of the principles of the Treaty of Waitangi.

A2 – Policy and Bylaws

The Committee's responsibilities with regard to Policy and Bylaws are:

·       Develop, review and approve bylaws to be publicly consulted on, hear and deliberate on any submissions and recommend to Council the adoption of the final bylaw. (The Committee will recommend the adoption of a bylaw to the Council as the Council cannot delegate to a Committee the adoption of a bylaw.)

·       Develop, review and approve policies including the ability to publicly consult, hear and deliberate on and adopt policies.

A3 – Monitoring of Strategic Outcomes and Long Term Plan and Annual Plan

The Committee's responsibilities with regard to monitoring of strategic outcomes and Long Term Plan and Annual Plan are:

·       Reviewing and reporting on outcomes and action progress against the approved strategic direction. Determine any required review / refresh of strategic direction or action pathway.

·       Reviewing and assessing progress in each of the six (6) key investment proposal areas within the 2021-2031 Long Term Plan.

·       Reviewing the achievement of financial and non-financial performance measures against the approved Long Term Plan and Annual Plans.

B. FINANCE AND RISK

The Committee will review the effectiveness of the following to ensure these are robust and appropriate to safeguard the Council's financial and non-financial assets:

·       Health and safety.

·       Risk management.

·       Significant projects and programmes of work focussing on the appropriate management of risk.

·       Internal and external audit and assurance.

·       Fraud, integrity and investigations.

·       Monitoring of compliance with laws and regulations.

·       Oversight of preparation of the Annual Report and other external financial reports required by statute.

·       Oversee the relationship with the Council’s Investment Advisors and Fund Managers.

·       Oversee the relationship between the Council and its external auditor.

·       Review the quarterly financial and non-financial reports to the Council.

B1 - Health and Safety

The Committee’s responsibilities through regard to health and safety are:

·       Reviewing the effectiveness of the health and safety policies and processes to ensure a healthy and safe workspace for representatives, staff, contractors, visitors and the public.

·       Assisting the Commissioners to discharge their statutory roles as "Officers" in terms of the Health and Safety at Work Act 2015.

B2 - Risk Management

The Committee's responsibilities with regard to risk management are:

·       Review, approve and monitor the implementation of the Risk Management Policy, including the Corporate Risk Register.

·       Review and approve the Council’s "risk appetite" statement.

·       Review the effectiveness of risk management and internal control systems including all material financial, operational, compliance and other material controls. This includes legislative compliance, significant projects and programmes of work, and significant procurement.

·       Review risk management reports identifying new and/or emerging risks and any subsequent changes to the "Tier One" register.

B3 - Internal Audit

The Committee’s responsibilities with regard to the Internal Audit are:

·       Review and approve the Internal Audit Charter to confirm the authority, independence and scope of the Internal Audit function. The Internal Audit Charter may be reviewed at other times and as required.

·       Review and approve annually and monitor the implementation of the Internal Audit Plan.

·       Review the co-ordination between the risk and internal audit functions, including the integration of the Council's risk profile with the Internal Audit programme. This includes assurance over all material financial, operational, compliance and other material controls. This includes legislative compliance (including Health and Safety), significant projects and programmes of work and significant procurement.

·       Review the reports of the Internal Audit functions dealing with findings, conclusions and recommendations.

·       Review and monitor management’s responsiveness to the findings and recommendations and enquire into the reasons that any recommendation is not acted upon.

B4 - External Audit

The Committee's responsibilities with regard to the External Audit are:

·       Review with the external auditor, before the audit commences, the areas of audit focus and audit plan.

·       Review with the external auditors, representations required by commissioners and senior management, including representations as to the fraud and integrity control environment.

·       Recommend adoption of external accountability documents (LTP and annual report) to the Council.

·       Review the external auditors, management letter and management responses and inquire into reasons for any recommendations not acted upon.

·       Where required, the Chair may ask a senior representative of the Office of the Auditor General (OAG) to attend the Committee meetings to discuss the OAG's plans, findings and other matters of mutual interest.

·       Recommend to the Office of the Auditor General the decision either to publicly tender the external audit or to continue with the existing provider for a further three-year term.

B5 - Fraud and Integrity

The Committee's responsibilities with regard to Fraud and Integrity are:

·       Review and provide advice on the Fraud Prevention and Management Policy.

·       Review, adopt and monitor the Protected Disclosures Policy.

·       Review and monitor policy and process to manage conflicts of interest amongst commissioners, tangata whenua representatives,  external representatives appointed to council committees or advisory boards, management, staff, consultants and contractors.

·       Review reports from Internal Audit, external audit and management related to protected disclosures, ethics, bribery and fraud related incidents.

·       Review and monitor policy and processes to manage responsibilities under the Local Government Official Information and Meetings Act 1987 and the Privacy Act 2020 and any actions from the Office of the Ombudsman's report.

B6 - Statutory Reporting

The Committee's responsibilities with regard to Statutory Reporting relate to reviewing and monitoring the integrity of the Annual Report and recommending to the Council for adoption the statutory financial statements and any other formal announcements relating to the Council's financial performance, focusing particularly on:

·       Compliance with, and the appropriate application of, relevant accounting policies, practices and accounting standards.

·       Compliance with applicable legal requirements relevant to statutory reporting.

·       The consistency of application of accounting policies, across reporting periods.

·       Changes to accounting policies and practices that may affect the way that accounts are presented.

·       Any decisions involving significant judgement, estimation or uncertainty.

·       The extent to which financial statements are affected by any unusual transactions and the manner in which they are disclosed.

·       The disclosure of contingent liabilities and contingent assets.

·       The basis for the adoption of the going concern assumption.

·       Significant adjustments resulting from the audit.

Power to Act

·       To make all decisions necessary to fulfil the role, scope and responsibilities of the Committee subject to the limitations imposed.

·       To establish sub-committees, working parties and forums as required.

·       This Committee has not been delegated any responsibilities, duties or powers that the Local Government Act 2002, or any other Act, expressly provides the Council may not delegate. For the avoidance of doubt, this Committee has not been delegated the power to:

o          make a rate;

o          make a bylaw;

o          borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan (LTP);

o          adopt the LTP or Annual Plan;

o          adopt the Annual Report;

o          adopt any policies required to be adopted and consulted on in association with the LTP or developed for the purpose of the local governance statement;

o          adopt a remuneration and employment policy;

o          appoint a chief executive.

Power to Recommend

To Council and/or any standing committee as it deems appropriate.

 

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

Order of Business

1         Opening karakia. 11

2         Apologies. 11

3         Public forum.. 11

4         Acceptance of late items. 11

5         Confidential business to be transferred into the open. 11

6         Change to order of business. 11

7         Confirmation of minutes. 12

7.1           Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024. 12

8         Declaration of conflicts of interest 29

9         Business. 30

9.1           Mainstreets' Monitoring Report for the period 1 July to 31 December 2023. 30

9.2           Local Alcohol Policy. 81

9.3           Adoption of Mount to Arataki Spatial Plan. 120

9.4           Non-Financial Performance Report - 6 monthly 2023/24 and Annual Resident Survey 2023/24 - Wave 2. 131

9.5           Growth & Land Use Projects Progress Report - March 2024. 170

9.6           Urban Design Panel - Terms of Reference Update. 194

10       Discussion of late items. 204

11       Public excluded session. 205

11.1         Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024. 205

11.2         Appointment of Additional Urban Design Panel Members. 205

12       Closing karakia. 207

 

 


1          Opening karakia

2          Apologies

3          Public forum 

4          Acceptance of late items

5          Confidential business to be transferred into the open

6          Change to order of business


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

7          Confirmation of minutes

7.1         Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024

File Number:           A15690215

Author:                    Anahera Dinsdale, Acting Team Leader: Governance  Services

Authoriser:              Anahera Dinsdale, Acting Team Leader: Governance  Services

 

 

Recommendations

That the Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024 be confirmed as a true and correct record.

 

 

 

Attachments

1.       Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024 

 

 


UNCONFIRMEDStrategy, Finance and Risk Committee meeting minutes

19 February 2024

 

 

 

MINUTES

Strategy, Finance and Risk Committee meeting

Monday, 19 February 2024

 


 

Order of Business

1         Opening karakia. 3

2         Apology. 3

3         Public forum.. 3

4         Acceptance of late items. 4

5         Confidential business to be transferred into the open. 4

6         Change to order of business. 4

7         Confirmation of minutes. 4

7.1           Minutes of the Strategy, Finance and Risk Committee meeting held on 4 December 2023. 4

8         Declaration of conflicts of interest 4

9         Business. 4

9.1           Audit New Zealand Report on the audit of Tauranga City Council for the year ended 30 June 2023. 4

9.2           Six Monthly Treasury Strategy Update. 5

9.3           2024-34 Long-term Plan - Audit Engagement Letter 6

9.4           Issues and Options for Draft Response to Landslides Policy. 6

9.5           Q2 Financial Monitoring Report to 31 December 2023. 8

9.6           Capital Programme 2023/24 6 month update. 9

9.7           LGOIMA and Privacy Report Q2 for 2023/2024 year 12

10       Discussion of late items. 12

11       Public excluded session. 13

11.1         Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 4 December 2023. 13

11.2         Litigation Report 14

11.3         Corporate Risk Register - Quarterly Update. 14

11.4         Internal Audit & Assurance - Quarterly Update. 14

12       Closing karakia. 15

 

 


 

MINUTES OF Tauranga City Council

Strategy, Finance and Risk Committee meeting

HELD AT THE Bay of Plenty Regional Council Chambers,

Regional House, 1 Elizabeth Street, Tauranga

ON Monday, 19 February 2024 AT 9.30am

 

 

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

IN ATTENDANCE:        Marty Grenfell (Chief Executive), Paul Davidson (Chief Financial Officer), Barbara Dempsey (General Manager: Community Services), Nic Johansson (Head of Transport), 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), Stephen Burton (Acting General Manager: Infrastructure), Sheree Covell (Treasury and Financial Compliance Manager), Marin Gabric (Senior Financial Accountant (Compliance & External Reporting)), Jeremy Boase (Manager: Strategy & Corporate Planning), Vicky Grant-Ussher (Policy Analyst), Phil Kai Fong (Team Leader Strategic Property), Kathryn Sharplin (Manager: Finance), Tracey Hughes (Financial Insights & Reporting Manager), James Woodward (Manager: Capital Programme Assurance) Mike Naude (Director of Civic Development), Amanda Davies (Manager: Spaces and Places Project Outcomes), Wally Potts (Director of City Waters), Kelvin Hill (Manager: Transport Infrastructure Outcomes), Jason Spencer (Transport Programme Manager – Dual Funded), Kath Norris (Team Leader: Democracy Services), Coral Hair (Manager: Democracy & Governance Services), Shaleen Narayan (Team Leader: Governance Services), Anahera Dinsdale (Governance Advisor)

EXTERNAL:                 Anton Labuschagne, Audit Manager, Audit New Zealand

 

 

1          Opening karakia

Commissioner Shadrach Rolleston opened the meeting with a karakia.

2          Apology

APOLOGY

COMMITTEE RESOLUTION  SFR1/24/1

Moved:         Commissioner Shadrach Rolleston

Seconded:    Commissioner Bill Wasley

That apologies from Dr Wayne Beilby and Ms Matire Duncan be received and accepted.

CARRIED

3          Public forum

None

4          Acceptance of late items

None

5          Confidential business to be transferred into the open

None

6          Change to order of business

None

7          Confirmation of minutes

7.1         Minutes of the Strategy, Finance and Risk Committee meeting held on 4 December 2023

Committee Resolution  SFR1/24/2

Moved:       Commissioner Stephen Selwood

Seconded:  Commissioner Shadrach Rolleston

That the minutes of the Strategy, Finance and Risk Committee meeting held on 4 December 2023 be confirmed as a true and correct record.

Carried

 

8          Declaration of conflicts of interest

None

9          Business

9.1         Audit New Zealand Report on the audit of Tauranga City Council for the year ended 30 June 2023

Staff             Paul Davidson, Chief Financial Officer

Sheree Covell, Treasury and Financial Compliance Manager

Marin Gabric, Senior Financial Accountant (Compliance & External Reporting)

 

External       Anton Labuschagne, Audit Manager, Audit New Zealand

 

Key points

·       Three new matters were added into the interim and final audit  process 2023 financial year, one was conducting an annual risk assessment which was cleared during the process. Useful life of assets was deemed immaterial and staff have rectified, bee card monitoring was currently been worked on by staff.

·       Of the 24 outstanding matters from previous years, 14 had been closed, system and process changes had cleared a further four, and of the remaining six, three had been transferred to the risk team to be monitored as part of the risk register, and thee sit with the finance team.

 

·       Mr Lauschange advised that Audit NZ had spent time on revaluation and fair value assessment which was the key spend of the council, overall 513 million increase in valuation. Audit NZ worked with the finance and the asset teams to confirm that a good process was involved and reconciled to the internal records. For assets not revalued this year a  fair value assessment was performed to check there was no material movement and Audit NZ concurred there was no material movement.

 

Discussion points raised

·       Acknowledgement for the report, reflection on Pg 44/45 of the agenda on control environment and internal controls and formal fraud risk assessment. Grateful to staff for the culture of honesty and ethical behaviour created and maintained. Observed the helpful discussion between Audit NZ and staff over the fraud risk assessment and acknowledged that it was being managed.

·       Pleasing to see a number of recommendations have been closed, and some outstanding matters been worked on, some of these have been around since 2017/18, i.e. process for destroying P-cards.

·       Emphasis of matter on the three waters in the annual report, came up also as submissions to the long term plan as well.  With Audit NZ’s help an appendix was added that showed three waters would have to come back in, but it was clear that the three waters would be out again. Best thing to do was to plan for a system around three waters which met the requirements of our community and lodge a water plan that showed our management of three waters was financially sustainable and met the standards.

Committee Resolution  SFR1/24/3

Moved:       Commissioner Bill Wasley

Seconded:  Mr Bruce Robertson

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Audit New Zealand Report on the audit of Tauranga City Council for the year ended 30 June 2023".

Carried

 

9.2         Six Monthly Treasury Strategy Update

Staff             Paul Davidson, Chief Financial Officer

Sheree Covell, Treasury and Financial Compliance Manager

 

Key points

·       The report outlined all significant treasury operational activities and sought confirmation of existing strategies and approvals for planned strategies.

·       The cash flow forecast has been revised down from $66M to $45M of additional borrowing required, previously approved at Council. This will mean a higher than budgeted for debt position going into the Long Term Plan and this has been modelled for in the LTP.

·       As at 31 December 2023 outstanding debt was $1.055BN, of which $105M was issued during the current financial year. Since December 2023 a further $60m and on track to issue another $195M by the end of the financial year, a total of $360M of borrowing for the 2024 financial year.

·       Local Government Funding Agency (LGFA) approved a $10M green loan for the Kopurereua River realignment project. This was the first under the LGFA’s Terrestrial and Aquatic Biodiversity Conservation category and had the benefit of a 5 basis point reduction in borrowing costs on the loan margins.

·       Fixed rate borrowing rates from LGFA for an A+ rated council, as set out in paragraph 24, have increased by 50 basis points which gave an indication of the costs being faced.

·       Paragraph 32 set out the fixed rate position chart, a key treasury policy metric. If expensive the Council would execute hedging and at the end of last year the swap rates were around 3.9% and was favourable to the Council.

 

 

In response to questions

·       The level of retentions as set out in paragraph 37 was $70,000, as contractors often had a bond instead of retentions.

Committee Resolution  SFR1/24/4

Moved:       Mr Bruce Robertson

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Six Monthly Treasury Strategy Update".

(b)     Approves the issuance of long and short term debt on a wholesale basis to manage cashflows.

(c)     Approves maintenance of a minimum of $15m of cash and short term investments to manage cashflows.

(d)     Approves hedging of all significant foreign exchange exposures.

Carried

 

9.3         2024-34 Long-term Plan - Audit Engagement Letter

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

Jeremy Boase, Manager: Strategy & Corporate Planning

 

Committee Resolution  SFR1/24/5

Moved:       Mr Te Pio Kawe

Seconded:  Commissioner Shadrach Rolleston

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "2024-34 Long-term Plan - Audit Engagement Letter".

Carried

 

9.4         Issues and Options for Draft Response to Landslides Policy

Staff             Alastair McNeil, General Manager: Corporate Services

Vicky Grant-Ussher, Policy Analyst

Phillip Kai Fong, Team Leader Strategic Property

 

Key points

·       Last year council responded to the Auckland anniversary heavy rainfall event and additional flooding, especially in Maungatapu and learnings taken from those events had been included in a Responses to Landslides Policy.

·       This policy provided clear expectations of how council, as a landowner, would respond to landslides in the future which would provide certainty to the community. As there was discretion for councils to choose how they responded to landslides, and in the absence of a policy, the community may assume council would take on a greater role than was required. The Policy set out the expectation for private property funding and recovery.

 

In response to questions

·       It was noted that Western Bay of Plenty District Council had a coastal erosions policy whereas TCC had a coastal structures policy and some of these policies covered off similar matters, but in terms of inland landslides there was no specific policy. Other councils like Auckland and Wellington have chosen to have website information.

·       Discretion sat at a Council level to decide if it would take a government offer of assistance/partnership or go outside of the policy by noting that it was making an inconsistent decision with the Policy.

·       The government was indicating they would continue the previous government’s “one-off” process, Future of Severely Affected Locations (“FOSAL”), a voluntary buy-out programme developed to aid in the recovery from certain defined severe weather events in 2023.

 

Discussion points raised

·       Acknowledged that it was important to have a policy in place to ensure staff, the public and elected members understood the Council’s position.

·       The policy provided discretion to any future council while giving protection to all parties, including the Council, involved in a landslide.

·       There was no public consultation for this policy since the views and preferences of persons who may be affected by or have an interest in the matter were known to the council, whether in support or opposition to the policy.

Committee Resolution  SFR1/24/6

Moved:       Commissioner Shadrach Rolleston

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Issues and Options for Draft Response to Landslides Policy".

(b)     Agrees to create a new policy outlining council’s position on responding to landslides.

(c)     Agrees to the following to be included in the Response to Landslides Policy:

(i)      the principles of the policy as set out in section four of the policy.

(ii)      connecting affected residents to wraparound support from other organisations such as social agencies and non-governmental organisations (NGOs)

(iii)     council will not repair and remediate private property as this responsibility sits with the property owner, their insurer and Toka Tū Ake – the Earthquake Commission (EQC)

(iv)     council meeting its minimum legal obligations (if any) should council land slip onto private property.

(v)     council having discretion to require private property owners to meet their legal obligations (if any) should private property slip onto council land.

(vi)     giving strategic consideration to whether to remediate or repair landslides on entirely council owned land

(vii)    taking a case-by-case approach to government offers of partnership or intervention but having regard to the consideration set out in clause 5.15 of the policy.

(d)     Agrees to adopt the Response to Landslides Policy (Attachment 1) with immediate effect and without public consultation noting that the Committee is satisfied the views and preferences of persons who will or may be affected by, or have an interest in, the decision or matter are known and have been taken into consideration in adopting the policy. 

(e)     Delegates to the General Manager: Corporate Services authority to approve minor or technical changes to the policy prior to final publication on the Council website.

Carried

 

9.5         Q2 Financial Monitoring Report to 31 December 2023

Staff             Paul Davidson, Chief Financial Officer

Kathryn Sharplin, Manager: Finance

Tracey Hughes, Financial Insights & Reporting Manager

 

Key points

·       Executive were aware of the pressure of the deficit for the year driven from depreciation and interest rates, however staff were actively managing that for the rest of the year.

·       There was an error in paragraph 4, capital expenditure was $171M against a year to date budget of $229M, which was 75%.

·       Full year forecasts for capital expenditure were currently sitting at $415M, however this was likely to be revised downwards.

·       Overall operating deficit was $14M unfavourable to budget and forecast to be $42.2M unfavourable, and this was not all funded by rates in the current year with the rates impact forecast to be $2-3M more than budgeted and this largely related to financing, depreciating and staff costs.

·       Operating revenues were forecast to be ahead of budget.

·       The operating expenditure forecast $49.5M higher then budget with the big impact from depreciation from revaluations last year which were extremely high and there was no feel for capitalisation when setting the LTP budget.  $28M of this overspend was bought forward from 2023 or expected to be loan funded.

·       Personnel expenditure was forecast to be $3M greater than budget but the impact of the Christmas and summer holidays were not reflected in these numbers, which may bring down the actual and forecast figures. Salary savings were not fully realised as vacancies were been filled quicker than historical averages.

·       Gross debt was $1.055BN as at 31 December 2023 and while interest rates were high the average borrowing rates were ¾ of a percent less than OCR.

·       Attachment 2 on water volumes was reflected from the last quarterly report as requested.

·       Attachment 3 was a screenshot of the new financial monitoring dashboard. This was a display not previously had of long term trends which showed capital expenditure climbing significantly at over 100 % while operational expenditure salary costs increased by 50% over the same timeframe. 

 

In response to questions

·       Variances in the grants area was in relation to Tauriko West.

·       The correct amount in paragraph 12 of capital expenditure was $171M.

·       Screenshots of the new financial monitoring dashboard provided a good picture as to  where we have come and where we were heading.

Committee Resolution  SFR1/24/7

Moved:       Commissioner Stephen Selwood

Seconded:  Commissioner Bill Wasley

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Q2 Financial Monitoring Report to 31 December 2023".

(b)     Recommend to Council to approve unbudgeted loan-funded operating expenditure and associated rates-funded debt retirement over a five year period for:

(i)      $379k for Keenan Road Business case.

(ii)      Wairoa Bridge Cycleway contribution to safety works $1.1m.

Carried

 

9.6         Capital Programme 2023/24 6 month update

Staff             Alastair McNeil, General Manager: Corporate Services

James Woodward, Manager: Capital Programme Assurance

Mike Naude, Director of Civic Development

Amanda Davies, Manager: Spaces and Places Project Outcomes

Wally Potts, Director of City Waters

Kelvin Hill, Manager: Transport Infrastructure Outcomes

Jason Spencer, Transport Programme Manager – Dual Funded

 

Overview James Woodward

·       Update on overall progress to end of December for 2023/24 financial year key points discussed were Headlines / Outlook, Activity Presentations, Highlights, 2023/24 Programme, Top 5 Projects, Risks and Opportunities.

·       Capital programme budget was forecast to be $411.1M.

·       Key points from the ANZ presentation last week was on inflation and showing cost expectations by the construction sector for the next three months. Inflation was still a risk. Easing of OCR rates would take longer than previously forecast.

·       Some of the issues that firms reported were their biggest problems were finding skilled labour, regulation and paperwork, exchange rates, and interest rates with the latter related to the risk of solvency in the supply chain.

 

City Centre and Civic Programme - Mike Naude

·       Civic development programme going well with six major sites open and active.

·       Budgets were running slightly behind but more expenditure would happen in the third quarter.

·       Top five projects all in the green, apart from 90 Devonport Road fitout, with concerns around scope changes that may arise and their implications on budgets.

·       Top three risks were increased cost escalations across projects, late design changes and constrained sub-contractor market in Tauranga but mitigations were in place.

·       Highlights of projects completed to the end of December 2023 through photographs including the completion of the Dive Crescent car park and Tunks Reserve and Elizabeth Street East. Progress was being made on 90 Devonport Road, a timelapse video of the Library and Community Hub was circulated, the northern seawall was progressing well and the southern and northern abutments for the boardwalk were underway.

 

In response to questions

·       In terms of controlling labour risk, if contractors can see the pipeline of work ahead and they could move from one sit to another this was the major mitigation along with the contractors proactively growing local labour skills though an apprenticeship scheme, and youth programmes.

 

Spaces and Places – Amanda Davies

·       Graphics and photos of completion of specific projects.

·       On target for capital expenditure and confidence in figures.

·       Top 5 projects, some of these have been completed

·       Elizabeth Street streetscape on target for completion in April 2024.

·       Marine Parade Coastal Path – opened in December 2023 with finishing touches to be completed.

·       Gordon Spratt (Alice Johnson) Community Sports Pavilion construction tender awarded and earthworks as part of sports field playing surface upgrades were well underway at Gordon Spratt Reserve, Morland Fox and Pemberton Reserve and new cricket nets at Waipuna Reserve.

·       Pāpāmoa shared pathway – completion early 2024.

·       Kopurererua steam – northern alignment and path network the contractor will complete these works in 2024.

·       Omanawa Falls – Te Rere o Omanawa was opened with a blessing on site on 1 December 2023 and the walking track was open to the public for use over summer. Stage 2 of the project ranger office/visitor centre would commence in mid-2024.

·       Two design build construction centres have been awarded for both the Gate Pa and Merivale Community Centres.

·       Top three risks were inflation and cost escalations, cross council project dependencies and working with organisations such as Kiwirail.

·       Highlights were openings were Te Rere o Omanawa and Marine parade. Opening of new Tauriko Depot for City Ops team. 

·       Highlights from other improvements through photos included the Lakes reserve, sports field improvements, Tuatarawa Park and Mauao placemaking installations.

·       Active reserves development program, feedback and appreciation for improvement to discuss circles which was a good illustration of work in our community and the value it adds.

 

Discussion points raised

·       Acknowledgement of the momentum that the Spaces and Places team have created and which were highly visible and fulfilling a clear committee need.  The investment in community facilities was paying dividends when those facilities were provided.

·       Previous rounds of LTP hearings had shown community organisations needing more investment and money but this year there was little clear evidence of this, which was a tangible recognition the Council was making progress with providing community facilities.

·       Congratulations to the staff for developing those relationships with the community which was important in delivering what was fit for purpose.

·       Delighted to see the two community centres underway, one had been on the books for decades.

 

Waters – Wally Potts

·       Renewals going well except for a couple of major capital projects which were behind time.  The Bioreactor was holding up some works on the Te Maunga site.

·       Te Maunga desludging was well advanced and consent to complete by the end of March 2024. The pond was close to empty which was a good news story.

·       Te Maunga 2nd Bioreactor – some of the piling was out of alignment largely due to the state of the land which was difficult for land improvements. Realignment of these was being worked through with the contractor however this was a year later than anticipated.

·       Te Maunga 3rd clarifier was progressing ahead of programme.

·       Eastern corridor wastewater projects, the Opal Drive Rising Main was complete with a boardwalk out of that behind Fashion Island and awarded the Opal Drive pump station.

·       Western Corridor stage 1 and wastewater stage 1A – TCC’s portions were complete and the remaining works were to be delivered by Waka Kotahi NZTA.

·       Risks and Opportunities – uncertainties in future works programme due to the repeal of the Three Waters legislation and the future implementation of “Local Water Done Well”. Staff were providing flexibility within programmes and continuing planning for the city and putting robust plans in place to ensure implementation would not stop.

·       Managing delivery panels – set up panels for consultants and contractors which has been well received.

·       Focusing on staff retention and growing competency internally.

·       Highlights included the Te Maunga clarifier 3 piling progress, Opal Drive to Te Maunga Rising Main and Evans Road culvert, preliminary work for dams in Pyes Pa, Tautau Rising Main and Palm Beach Boulevard upgrade of culvert which was undertaken with transport work.

 

Discussion points raised

·       Appreciate the uncertainty around waters and it was disconcerting to staff.

·       Acknowledge it was critical to keep going with the planning to deal with increased population.

·       Recognised the new government has to work out what they would do, and in the meantime staff needed to maintain the standards.

·       Congratulations to the staff on their continued work in an uncertain environment.

 

At 10.55 am, Mr Bruce Robertson left the meeting

 

Transport – Kelvin Hill and Jason Spencer

·       Budget across the four main areas was tracking below where should be with a number of reasons with focus on budget for end of the year which was forecast to around 77%.

·       Top 5 projects – Cameron Road Stage 2 was in design with a funding gap in the next six months. Working closely with GHD on the design to understand the P95 position.

·       Tauriko West working on funding issues, slight spend delay with the contract due to be awarded shortly.

·       Pāpāmoa East Interchange – award for that contract expected in next 2-3 weeks.

·       15th Avenue to Western Bay –100%  IFF funding approval has enabled construction to start in July 2025.  While there was a $10M bridge resilience fund the cost was expected at $16M.

·       Connecting Mount Maunganui –SH2-Hewletts Road sub-area.

·       Other high profile projects and programmes were outlined including Maunganui Road (Tui-Hull), Cameron Road Stage 1 and Taurikura Drive and Public Transport Hub.

 

In response to questions

·       Cameron Road Stage 2 - it was important to understand where the services were located as this was the biggest risk to scope increase.

 

At 11.06 am, Mr Bruce Robertson returned to the meeting.

 

·       Top 3 risks related to cost escalation, market capacity and project funding.

·       The NZTA Government Policy Statement on Land Transport (GPS) was expected in March 2024.  This would set out funding priorities for the next three years.  In the meantime staff were drafting a paper on the impact for each roading project including ranking priorities, with or without NZTA funding.

·       Highlights showed the improvements to Cameron Road Stage 1 with positive feedback being received.  Other highlights included the Pāpāmoa East Interchange Stage 1 and Stage 2, Carmichael Road pedestrian crossing, Bureta Vale roundabout and Parton/Tara Road Safety Improvement.

 

Discussion points raised

·       It was time to understand the size of the transport challenge and the “gap” in transport funding for Tauranga, given the clear decisions being made by the government on prioritisation on infrastructure and transport funding.

·       Potentially there could be a $6.5bn gap facing Tauranga over the next 10 years, with fuel exercise tax decreasing at the same time.

·       It was important that Tauranga presented an evidence based case to the government and the community on the costs and benefits of providing transport for a growing city.

·       Serious congestion was going to be faced in the next 10 years and the community would end up paying through lack of productivity and unaffordable housing.

·       It was suggested that the size of the challenge was not adequately recognised by either the government, local government and the community, in contrast to Auckland City where this had been articulated and understood.

·       The report requested by the Council would outline the needs of the city from a transport viewpoint within which the Council could prioritise.  While there may not be funding available for mode shift changes from the government, those changes would still need to be made.

·       A longer term view for the city needed to be clearly articulated, beyond the LTP timeframe.

·       Community education without jargon was a most effective way of communicating transport and water priorities and increasing community engagement e.g. spatial mapping, transport dashboard.

Committee Resolution  SFR1/24/8

Moved:       Commissioner Bill Wasley

Seconded:  Commissioner Stephen Selwood

That the Strategy, Finance and Risk Committee:

(a)        Receives the Capital Programme 2023/24 6 month update.

Carried

Attachments

1        Presentation - Capital Programme - Item 9.6 - Strategy Finance and Risk Committee - 19 February 2024

 

9.7         LGOIMA and Privacy Report Q2 for 2023/2024 year

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

Kath Norris, Team Leader: Democracy Services

 

Key points

·       It had been a busy quarter with a 35% increase from the previous quarter, attributed to the lead up to elections, requests for CCTV footage, council expenditure, carparks and land sustainability and slope hazards.

·       No general trends apart from individual requests.

·       Three complaints were made to the Ombudsman and investigations were often completed sometime after the event. One was subsequently withdrawn and two remain open.

 

In response to questions

·       Comparisons with the number of requests from other councils was not available although quarterly reports on complaints received by the Ombudsman were available.

·       The number of LGOIMA requests could be reduced through proactively releasing information and making it available on our website, and alerting people to the fact that the information was available and where they can find it.

·       Proactive release of public excluded information and reports was actively considered and LGOIMAs that were of public interest were published.

·       Decisions to charge for LGOIMA requests were considered against a high public interest test.

Committee Resolution  SFR1/24/9

Moved:       Commissioner Bill Wasley

Seconded:  Mr Bruce Robertson

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "LGOIMA and Privacy Report Q2 for 2023/2024 year".

Carried

 

10        Discussion of late items

None


 

 

11        Public excluded session

Resolution to exclude the public

Committee Resolution  SFR1/24/10

Moved:       Commissioner Bill Wasley

Seconded:  Commissioner Stephen Selwood

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

11.1 - Public Excluded minutes of the Strategy, Finance and Risk Committee meeting held on 4 December 2023

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

s7(2)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret

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)(d) - The withholding of the information is necessary to avoid prejudice to measures protecting the health or safety of members of the public

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

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

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

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

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

11.2 - Litigation Report

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

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

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

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

11.3 - Corporate Risk Register - Quarterly Update

s7(2)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret

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

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

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

11.4 - Internal Audit & Assurance - Quarterly Update

s6(b) - The making available of the information would be likely to endanger the safety of any person

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

s7(2)(d) - The withholding of the information is necessary to avoid prejudice to measures protecting the health or safety of members of the public

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

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

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

 

Carried

 


 

 

12        Closing karakia

Commissioner Shadrach Rolleston closed the meeting with a karakia

 

 

The meeting closed at 1.01pm.

 

The minutes of this meeting were confirmed as a true and correct record at the Strategy, Finance and Risk Committee meeting held on 25 March 2024.

 

 

 

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

Commission Chair Anne Tolley

CHAIRPERSON

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

8          Declaration of conflicts of interest


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9          Business

9.1         Mainstreets' Monitoring Report for the period 1 July to 31 December 2023

File Number:           A15467944

Author:                    Kendyl Sullivan, City Partnerships Specialist

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

 

Purpose of the Report

1.      For Mainstreet organisations to report to Council on their activities for the period 1 July to 31 December 2023, to highlight issues, provide a financial update, and to outline plans for upcoming activities.

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Mainstreets' Monitoring Report for the period 1 July to 31 December 2023".

(b)     Receives the Greerton Village Community Association Report to 31 December 2023.

(c)     Receives the Mainstreet Tauranga Report to 31 December 2023.

(d)     Receives the Mount Business Association Report to 31 December 2023.

(e)     Receives the Papamoa Unlimited Report to 31 December 2023.

 

Executive Summary

2.       Mainstreet organisations receive a targeted rate through Council.

3.       As part of Council’s agreement with the four Mainstreet organisations, they are required to report every six months on activities achieved, activities planned, and any issues they want to bring to the attention of Council. They are expected to provide a financial update for each reporting period and audited financials after the end of the financial year.

4.       This report reflects the period 1 July 2023 to 31 December 2023.

5.       A summary of performance, both financial and non-financial, is provided in the main body of the report (below) for Greerton Village Community Association, Mainstreet Tauranga, Mount Business Association, and Papamoa Unlimited.

6.       Mainstreets have confirmed their new funding agreement with all transitioning to the new agreement by 1 July 2024.

7.       A draft expansion process has been circulated to Mainstreets for feedback. The draft process is based on policies of other Councils around New Zealand and supports best practice. We are proposing to bring an expansion expert down from Auckland to run a session with Mainstreets considering undertaking an expansion. Feedback to date includes concerns around polling and equity of rating where the existing boundary is adjacent to other commercial premises that are receiving incidental benefit of proximity. Once feedback is addressed the process can be utilised, anticipating it will be a living document to review as and when necessary.

8.       The City Partnerships Specialist is supporting Mainstreets with the transition to their new agreements, including changed deadlines and new reporting requirements.

9.       The annual survey of Mainstreet areas is due to be undertaken in April/May 2024, with key themes and relevant feedback to be shared with Mainstreets and Council following.


 

Background

10.     There are agreements in place between Council and the four Mainstreet organisations for the delivery of services. The intent of the agreements is to the effect that:

(a)     The Mainstreet organisations will contribute to the achievement of a strong and vibrant city and town centres, by promoting the appeal of their respective areas to residents and visitors through events, promotions, and other means.

(b)     That Council will provide funding for these Mainstreet services by way of a targeted rate on commercial property within each of the Mainstreet business areas.

(c)     The Mainstreet organisations are incorporated societies and all business operators within their respective targeted rates areas are regarded by the Mainstreet organisations as being their members.

Discussion

11.     All mainstreet organisations held their Annual General Meeting (AGM) during this reporting period and audited financial accounts for the year ending 30 June 2023 were received from Mainstreet Tauranga, Greerton Village Community Association, and Mount Business Association.

12.     Papamoa Unlimited presented draft financial statements at their AGM, which were approved. It was queried whether a Special General Meeting would be required to present the Audited Accounts with the expectation that the organisation will comply with their requirements under the Incorporated Societies Act, and their constitution.

13.     Due to the delayed receipt of the Papamoa Unlimited audited accounts, payment of the targeted rate was withheld until these were supplied to Council. These were received on 8 February 2024.

14.     Concerns have also been raised by Council about Papamoa Unlimited’s ability to comply with deadlines relating to proposed events. This is putting the proposed events in a precarious position and is an organisational risk to both Papamoa Unlimited and council, in terms of the safe and approved delivery of proposed events. Discussion has been held with the Chair of Papamoa Unlimited, and Papamoa Unlimited’s contractor has been emailed to clarify the importance of compliance with required deadlines.

15.     Audited accounts and AGM minutes are available to view on the Council website.

16.     All Mainstreet financial statements provided indicate reserve funds remaining.

17.     Financial statements provided by Greerton Village Community Association show a net loss of $3,185 over this period, which is taken from reserve funds.

18.     Financial statements provided by Mainstreet Tauranga show a net profit of $87,858 over this period, however they expect an increased spend over the next six months aligned with their annual plan.

19.     The profit and loss statement from Mount Business Association show a net loss of $18,290 over this period, which is expected due to spending of reserve funds. The allocated spend of reserve funding is clearly referenced in the profit and loss statement.

20.     Financial statements from Papamoa Unlimited show a net loss of $14,815, which is taken from reserve funds. With $3,160 equity remaining, along with their next targeted rate instalment of $30,000, additional funding or sponsorship will be required to meet their proposed 2023/24 annual plan.

Greerton Village Community Association

21.     The Greerton Village Community Association Monitoring Report and draft Financial Statements to 31 December 2023 are provided at Attachment 1.

22.     The agreement for delivery of Mainstreet services has been in place since 14 November 2023. Funding of $148,476 from targeted rates is provided by Council under the agreement for the year ending 30 June 2024.

23.     Greerton Village Mainstreet employs a manager who is responsible to the organisation’s board for the day-to-day delivery of the Mainstreet programme in Greerton, including a range of events and promotions designed to attract people to the Greerton business area. During this reporting period, a part-time office assistant was also employed with a primary focus of engaging with the Business Association members, progressing work on a strategic plan for the organisation, and developing a process for ensuring member details are kept up-to-date.

24.     Greerton Village set three KPI’s for this financial year, which are referenced in the attached report:

(a)     gain traction and audiences through social media;

(b)     continue to learn and grow with governance training; and

(c)     change events to suit the change in our community.

25.     Highlights over this period include the Cherry Blossom Festival, Lighting the Christmas Tree, re-branding the Greerton Village Community Association to the Greerton Business Association (GBA), and confirming and signing the new Mainstreet agreement.

26.     Issues include plans for Cameron Road Stage 2, homeless and transient people, ensuring membership database accuracy, engagement with businesses, and considering a Mainstreet expansion to include Maleme Street.

27.     Greerton is looking forward to their name change and dynamics of the Cherry Blossom Festival, celebrating Matariki, working closely with members, developing a strategic plan, undertaking a Halloween trail, and hanging more fairy lights in town for Christmas.

Mainstreet Tauranga

28.     The Mainstreet Tauranga Report and Financial Statements to 31 December 2023 are provided at Attachment 2.

29.     The current agreement for the delivery of Mainstreet services has been in place since 1 July 2009. Funding of $375,488 from targeted rates is provided by TCC under the agreement for the year ending 30 June 2024.

30.     The new Mainstreet agreement was signed on 24 November 2023, coming into effect 1 July 2024.

31.     Mainstreet Tauranga employs a manager who is responsible to the organisation’s board for the day-to-day delivery of the Mainstreet programme.

32.     Mainstreet Tauranga has set four KPIs for this past financial year, which are referenced in the attached report:

(a)     An engaged membership – increased membership and satisfaction with Mainstreet Tauranga.

(b)     A safe and inviting city centre – increased confidence in the city centre.

(c)     A considered community – submit on areas of concern and provide feedback on behalf of our members.

(d)     A city centre for everyone – effectively promote and support our members using efficient marketing tools, events, and promotions.

33.     Highlights over this period include appointing a Mainstreet Manager, increased transparency and communications, promotions and marketing, city centre activations, and advocacy.

34.     Challenges raised in the report include security and safety, access to the city centre and parking, business support, vacant spaces, and community perception.

35.     Mainstreet Tauranga is looking forward to implementing a 3–5 year strategy.

Mount Business Association

36.     The Mount Business Association Monitoring Report and Profit and Loss Statement is provided at attachment 3.

37.     The agreement for the delivery of Mainstreet services has been in place since 12 December 2023. Funding of $188,550 from targeted rates is provided by Council under the agreement for the year ending 30 June 2024.

38.     Over this reporting period, Mount Business Association contracted a Marketing Manager for 25 hours per week, responsible for implementing the strategy of the Board. An Operations Manager working 4-6 hours per week provides a support and oversight role, and a Digital Marketing Manager deals with social media.

39.     This is the last reporting period for the incumbent Destination Marketing Manager who is leaving the association on parental leave. The new Destination Marketing Manager has been appointed and will present the monitoring report to the Strategy, Finance and Risk Committee.

40.     Mount Business Association set two KPI’s for this financial year, which are referenced in the attached report:

(a)     Membership sign-ups: 80% of businesses in their targeted boundary complete their MBA membership form by 31 December 2023.

(b)     Member engagement: Increase level of member engagement to 30% by the end of the year.

41.     Highlights over this period include the Winter Warmer Promotion, school holiday ice rink activation, AGM, Christmas Movie in the Park, and advocacy work.

42.     Areas of concern include pedestrian safety and an option for additional parking. Open action items include street safety, laneway safety, speed of cars through pedestrian crossings and roundabouts, and delay of new streetlights.

43.     Mount Business Association is looking forward to the new Destination Manager role handover, being a key stakeholder in development of the City Wayfinding Strategy (they would like to try and improve the wayfinding at the Mount, particularly for cruise ship passengers), sponsoring Jazz at the Mount, part of Tauranga Jazz Festival, winter promotions, and new streetlights being installed so they can use street flags for placemaking activities.

Papamoa Unlimited

44.     The Papamoa Unlimited Monitoring Report and Financial Statements to 31 December 2023 are provided in Attachment 4.

45.     The current agreement for the delivery of Mainstreet services has been in place since 1 July 2014. Funding of $60,000 from targeted rates is provided by TCC under the agreement for the year ending 30 June 2024.

46.     The new Mainstreet agreement was signed on 30 November 2023, coming into effect 1 July 2024.

47.     Papamoa Unlimited is managed by a volunteer chair, who engages a contractor to assist with the running of events. Papamoa Unlimited is a committee of business owners and retailers whose purpose is to promote Papamoa as a destination for locals and tourists.

48.     Papamoa has set four KPIs for this past financial year, which are referenced in the attached report:

(a)     To deliver three to four events annually to promote Papamoa as a destination for locals and tourists alike.

(b)     To build on turnout from previous events.

(c)     To further promote Papamoa Unlimited to ensure transparency of information for all eligible members and the Papamoa community.

(d)     Extending the boundary to build member engagement, giving more businesses the opportunity to join the association.


 

49.     Highlights over this period include the Santa Parade and holding and completing their AGM.

50.     There were no issues raised in the report, however it should be noted that the ability to meet their boundary expansion KPI is contingent on the timeframes in the draft expansion process.

51.     Papamoa Unlimited is looking forward to being an Award Finalist – Event Excellence, Western Bay of Plenty Community Awards for Matariki Light Up the Waterways Event, Pedal & Pump Easter, Matariki, Light Up the Waterway 2024, and the Santa Parade.

Strategic / Statutory Context

52.     Mainstreet organisations are considered key strategic stakeholders in Council’s Plans. They provide a valuable link between businesses and Council, and are involved in several projects including Tauranga City Council’s City Centre Action and Investment Plan, which outlines an overarching plan for the city centre and the programmes of work required to bring it to life.

53.     Other plans in which the Mainstreets are key stakeholders include the Mount Spatial Plan, Plan Change 33, Cameron Road Upgrades in Greerton, and numerous action and investment strategies, and policies.

54.     In terms of Council’s community outcomes that are outlined in Our Direction – Tauranga 2050, well-run Mainstreet programmes make a worthwhile contribution to city centre vibrancy and to “a well-planned city with a variety of successful and thriving compact centres, resilient infrastructure, and community amenities.”

55.     Well-run Mainstreet programmes also have a key role in making a significant contribution “to the social, economic, cultural and environmental well-being of the region.”

Financial Considerations

56.     Mainstreet organisations receive a targeted rate through Council, as detailed above, totalling $772,514 per annum across the four organisations.

57.     It is difficult to measure the outcomes achieved by the Mainstreet programmes in economic terms. However, informal measures, such as pedestrian counters, Eftpos data, and estimated numbers of people at events, can be useful to ascertain the effectiveness of Mainstreet events and promotions.

58.     Multi-modal camera reports and Eftpos spend data are supplied monthly to the Mainstreets, with further data to be supplied if or when available.

59.     Car parking building data is also supplied to Mainstreet Tauranga monthly.

Legal Implications / Risks

60.     Each of the Mainstreet organisations has met their funding agreement requirements by providing Council with their half yearly reports for 1 July 2023 to 31 December 2023, and audited financials for the financial year 2022/23. Due to the transition to the new agreements, compliance was based upon the older agreements, with an expected alignment with the new agreements from the next reporting period, or 1 July 2024.

61.     Mainstreets are asked to consider their organisational risks and how those risks may impact on their relationship with Council, with any risks being raised with the City Partnerships Specialist and/or included in Council’s Risk Register.

Consultation / Engagement

62.     It is not required or expected to consult on Mainstreet organisation half yearly reports under the Local Government Act 2002.


 

Significance

63.     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.

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

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

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

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

65.     In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low significance as the receipt of the half yearly reports and activities of the Mainstreet organisations would have an impact on a subgroup of people within the city, and it is likely those documents will be of moderate public interest.

ENGAGEMENT

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

Next Steps

67.     Feedback will be provided to the Mainstreet organisations at the Strategy, Finance and Risk Committee on 25 March 2024, where representatives from the four Mainstreets will briefly speak to their reports.

68.     Council staff will continue to support Mainstreets with their new agreements and compliance related to these.

69.     The City Partnerships Specialist will arrange for an expansion expert to present to Mainstreets at an upcoming Mainstreet collab meeting, to support those looking to undertake this process.

Attachments

1.       Greerton Village Community Association - Mainstreet Monitoring Report  July - December 2023 - A15590306

2.       Mainstreet Tauranga - Mainstreet Monitoring Report July - December 2023 - A15632301

3.       Mount Business Association - Mainstreet Monitoring Report July - December 2023 - A15589908

4.       Papamoa Unlimited - Mainstreet Monitoring Report  July - December 2023 - A15590296  

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9.2         Local Alcohol Policy

File Number:           A15489862

Author:                    Jane Barnett, Policy Analyst

Nigel McGlone, Manager: Environmental Regulation

Authoriser:              Sarah Omundsen, General Manager: Regulatory and Compliance

 

Purpose of the Report

1.      To consider the development of the revised draft Local Alcohol Policy and decide on the final Local Alcohol Policy.

 

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Local Alcohol Policy ".

(b)     Approves the following options:

No.

Issues

Options

One

Starting sales time for off-licensed premises

To be determined at meeting

Two

Final sales time for off-licensed premises

To be determined at meeting

Three

Locations for new bottle stores

To be determined at meeting

Four

New on-licensed premises in industrial areas

To be determined at meeting

Five

Final sales time for on-licensed premises in the city centre

Option B: Change the closing time to 2am.

Recommended

Six

One way door policy

 

To be determined at meeting

Seven

Discretionary conditions for off-licensed premises

Option B: Include amended discretionary conditions for off-licensed premises.

Recommended

 

(c)     Approves the final Local Alcohol Policy incorporating the options approved in (b) above and gives public notice in accordance with the regulations made under the Sale and Supply of Alcohol Act 2012.

(d)     Approves the Local Alcohol Policy approved in resolution (c) above coming into force on 8 July 2024.

(e)     Delegates to the General Manager Regulatory and Compliance to make any necessary minor drafting or presentation amendments to the Local Alcohol Policy, prior to public notification.

 

 

 

 

Executive Summary

2.       On 4 December 2023, the Committee decided to discontinue the Local Alcohol Policy (LAP) approved on 30 October 2023. The Committee also requested a report early in 2024 to enable the Committee to recommence the development of the LAP in accordance with Section 83 of the Sale and Supply of Alcohol Act 2012 (the Act).

3.       This report recommences the development of the LAP by presenting the issues and feedback from submissions for the Committee’s reconsideration.

4.       Submitters have differing views on most issues. The only issue with a clear majority is the issue of locations for new bottle stores, with 64 per cent of submitters supporting restricting locations compared to 24 per cent disagreeing.

5.       In considering the options, the Committee has several matters to consider. The primary consideration is the objective of the Act – minimising harm from the excessive and inappropriate consumption of alcohol and whether it would allow for the safe and responsible sale, supply and consumption of alcohol. 

6.       Decisions made by the Committee can be incorporated into a new LAP that can be adopted and bought into force in accordance with the Act.

Background

7.       The Committee approved the first draft LAP for consultation on 1 November 2021. Attachment One summarises the key decisions that have occurred since then. A revised draft policy was approved for consultation on 1 August 2022.

8.       Table One below shows the initial changes proposed in the first draft LAP and the revised draft that was consulted on between 16 August 2022 to 16 September 2022.

          Table One: Proposed changes throughout the LAP review process

 

 

Current LAP

Adopted July 2015

First draft LAP as consulted on 17 Nov 2021 and 20 Dec 2021

Revised draft LAP as consulted on between 16 Aug 2022 and 16 Sept 2022

Starting sales time for off-licensed premises

7am

7am

10am

Location restrictions for off-licensed premises

None

None

No new bottle stores in areas with a deprivation index of 7 or more

Location restrictions for on-licensed premises

None

None

No new on-licensed premises in areas zoned industrial

Final alcohol sales time for on-licensed premises in the city centre

3am

2am

3am

One-way door provision for the city centre

2am start

1am start

None

Discretionary conditions for off-licensed premises

None

None

Range of discretionary conditions

 

9.       340  submissions were received. The submissions highlight differing views on the supply of alcohol and how best to address alcohol harm (see Attachment Two).

10.     Due to the uncertainty around the transitional arrangements in the then-proposed changes in the Sale and Supply of Alcohol (Community Participation) Amendment Bill the Committee decided to delay decisions on the revised draft LAP.

11.     Once the new legislation, the Sale and Supply of Alcohol (Community Participation) Amendment Act, came into force the Committee considered submissions and made decisions to incorporate it into a final LAP on 30 October 2023.

12.     On 4 December 2023 the Committee decided to discontinue the approved LAP and reconsider the issues early in 2024. The Committee wanted more time to further understand the impacts of any changes to the current LAP.

13.     The decision to discontinue the LAP’s development in accordance with the Act applied to the entire policy, so all of the issues previously deliberated on by the Committee now need to be reconsidered.

14.     The Committee have met with a number of individuals and organisations to further understand the implications of any LAP decisions and is now asked to recommence development of a final LAP.

15.     No further consultation is required before the Committee makes these decisions because, in accordance with the Act, consultation has been completed less than six years before this reconsideration on these issues.

16.     However, if the Committee wanted to make decisions outside the scope of the original consultation, then further consultation on these new issues (and the entire policy) would be required.

Strategic / Statutory Context

17.     A LAP is one tool to use to help people feel safer in their communities, a key goal of Council’s Tauranga Mataraunui – Inclusive City Strategy and community outcome. This in turn contributes to the community and inclusivity pillar of the vision for Tauranga, Together we can … lift each other up, as outlined in Council’s Our Direction framework.

18.     In accordance with the Act, Council has, in preparing the draft LAP consulted with the Police, licensing inspectors and Medical Officers of Health (section 78(4) of the Act) and had regard to the matters set out in section 78(2) of the Act (see Background research report).

19.     Under the Act if, after consultation, the resulting LAP amends the maximum trading hours or one way door restriction then these cannot be bought into force earlier than three months after the day it was public notified. The rest of the policy may be bought into effect on any day stated by resolution after the LAP is adopted.

20.     As set out in recommendation (d), 8 July 2024 is the proposed date for the LAP to be bought into force. Under this recommendation, any changes to the LAP made by the Committee will apply from this date. Therefore, any change in the maximum trading hours will also take effect on 8 July 2024 (see Next Steps section of this report for how this date was calculated).

Options Analysis

21.     This section presents the options for responding to the issues consulted on, or raised in consultation. The blue highlighted options show what was consulted on in the revised draft LAP.

22.     The advantages and disadvantages of each option are summarised and include results from the submission survey and the research findings. Further information on both the research and submissions is set out in Attachment Two.

23.     For most issues, staff recommendations are not provided due to the nature and different viewpoints on the issues and related evidence.

24.     Where staff recommendations have been made, these have been incorporated as blue text in the proposed draft LAP in Attachment Three. Sections that may change depending on the committee’s decision are highlighted in grey. Changes that were proposed in the revised draft LAP that was consulted on in August/September 2022 are shown red.

25.     Six of the issues are the proposals included in the revised draft LAP that was consulted on. The seventh (Issue Two), the final sales time for off-licensed premises, was raised by submitters and highlighted in research. If the Committee want to consider changing the final sales time for off-licensed premises this will require further consultation.

Issue One: Starting sales time for off-licensed premises

 

Options

Advantages

Disadvantages

Option A: Change the starting sales time for off-licensed premises from 7am to 10am.

●       Reduced alcohol sales exposure for children and youth which is linked to harm.

●       Assists in sending a strong message to the community on harms associated with alcohol use.

●       Supported by 50% of submitters.

●       Reflects feedback from the Medical Officer of Health.

●       72% of those surveyed[1] in the Toi Te Ora Health and Wellbeing Survey[2] believed that 10am or later was a suitable opening time.

●      Inconvenient for some households.

●      Potential economic impacts for off-licensed premises.

●      Lack of NZ research on the impact of starting sales time and harm.

●      46% of submitters do not agree.

Option B: Retain current starting time for off-licensed premises at 7am.

●       No inconvenience to households.

●       No economic impact for off-licensed premises.

●       46% of submitters opposed to a change in the starting sales time.

●       No evidence available on the impact of starting sales time on alcohol harm.

 

●       No potential to reduce alcohol related harm.

●       No decrease in alcohol sales exposure for children and youth.

●       Does not reflect feedback from Medical Officer of Health.

●       No message to the community on alcohol related harm.

●       50% of submitters agreed with the proposed 10am starting sales time.

Option C: Change the starting sales time for off-licensed premises from 7am to 9am.

●       Reduced alcohol sales exposure for children and youth which is linked to harm.

●       Assists in sending a strong message to the community on the harms associated with alcohol use.

●       Reflects feedback from the Medical Officer of Health.

●       Submitters support for a later opening sales time.

●       Likely to be slightly less inconvenience than option A for households.

●      Inconvenient for some households but likely to be less so than option A.

●      Potential economic impacts for off – licensed premises.

●      Lack of NZ research on the impact of starting sales time and harm.

●       50% of submitters do not think a later opening sales time will reduce alcohol harm.

 

 

 

 

Issue Two: Final sales time for off-licensed premises

 

Options

Advantages

Disadvantages

Option A: Retain the current final sales time of 10pm for all off-licensed-premises.

·     No change for households.

·     No change for off-licensed premises.

 

·     No potential to reduce alcohol related harm.

·     No decrease in alcohol sales exposure for children and youth.

·     Does not reflect the 50% of submitters who supported a reduction in sales time for off-licensed premises.

·     Does not reflect feedback from Medical Officer of Health.

·     No message to the community on alcohol related harm.

Option B: Change the final sales time from 10pm to 9pm for all off-licensed premises.

 

NOTE: This option will require further consultation as it was not included in the revised draft LAP

·     50% of submitters are supportive of reduced trading hours for off-licensed premises.

·     Research indicates that earlier closing times result in reduced alcohol harm.[3]

·     Assists in sending a strong message to the community on the harms associated with alcohol use.

·     Reflects feedback from the Medical Officer of Health.

·     Less impact on households and business than the proposed change in starting sales time.

·     Not likely to have much impact on reducing alcohol sales exposure for children and youth.

·     Inconvenient for some businesses and households – but likely to be less inconvenient than changes to the starting sales time.

·     Potential for some economic impacts but likely to be less of an impact than changing the starting sales time.

·     Would delay the implementation of any decisions on the other issues that were previously consulted on.

Option C: Change the final sales time for bottle stores to 9pm - and keep the final sales time for supermarkets and grocery stores at 10pm.

NOTE: This option will require further consultation as it was not included in the revised draft LAP

●       May assist in reducing alcohol related harm.

●       Less inconvenience to households as supermarkets would not be impacted.

·     Limited economic impact on some off-licensed premises as supermarkets or grocery stores would not be impacted and many non-supermarket/grocery store off-licensed premises do not currently stay open until 10pm.

●       As above in option A but there is some potential to reduce alcohol related harm.

·     Does not treat all off-licensed premises in the same way.

·     Would delay the implementation of any decisions on the other issues that were previously consulted on.

 

 


 

Issue Three: Locations for new bottle stores

 

Options

Advantages

Disadvantages

Option A: No new bottle stores to be established in areas with a deprivation index of 7 or more.

Does not apply to new licences for an existing premises that has been sold, or for an existing premises that relocates to a new site within the same area of deprivation (being a defined proxy for ‘suburb’).

 

·     Likely to reduce alcohol harm.

·     Evidence that the higher the density of outlets, the greater the likelihood of alcohol related problems[4] (see Attachment One)

·     Evidence that those living in more socioeconomic deprived areas are at higher risk of alcohol related harm[5](see Attachment One).

·     Strong support from submitters – 67% agree.

·     Over 60% of respondents in the Toi Te Ora survey supported reducing the number of places that sell alcohol.

·     Reducing harm aligns with the objective of the Act and council’s community outcomes.

·     Sends a message to the community on alcohol harm.

·     Reflects feedback from Medical Officer of Health and Police.

·     May create a more even distribution of bottle stores over time.

·     Potential for some economic impacts.

·     23% of submitters disagree.

 

Option B: No new bottle stores to be established in areas with a deprivation index of 9 or 10.

Does not apply to new licences for an existing premises that has been sold, or for an existing premises that relocates to a new site within the same area of deprivation (being a defined proxy for ‘suburb’).

·     Likely to reduce alcohol harm.

·     Evidence that the higher the density of outlets, the greater the likelihood of alcohol related problems[6] (see Attachment One)

·     Evidence that those living in more socioeconomic deprived areas are at higher risk of alcohol related harm[7](see Attachment One).

·     Support from submitters to limit the number of new bottle stores.

·     Over 60% of respondents in the Toi Te Ora survey supported reducing the number of places that sell alcohol.

·     Reducing harm aligns with the objective of the Act and council’s community outcomes.

·     Sends a message to the community on alcohol harm.

·     Reflects feedback from Medical Officer of Health and Police.

·     May create a more even distribution of bottle stores over time.

·     Potential for some economic impacts.

·     23% of submitters disagreed with the proposal in the revised draft LAP to have no new bottle stores in areas with a deprivation index of 7 or more.

·     67% of submitters supported the proposal in the revised draft policy applying to areas with a deprivation index of 7 or more.

 

Option C: Retain the current position where there are no location restrictions on bottle stores.

·     May allow greater flexibility to meet growth needs of the city.

 

·     Does not attempt to address significant alcohol harm that is occurring in the community.

·     Does not reflect feedback from Medical Officer of Health and Police.

·     Does not send a message to the community on alcohol related harm.

·     Not supported by majority of submitters.

 

Issue Four: New on-licensed premises in industrial areas

 

26.     At their meeting on 20 June 2022 the Committee added the condition to the revised draft LAP that no new licensed premises would be established in industrial areas. Checking this proposed condition against the Gambling Venues Policy, we have identified it only allows for Class 4 and TAB venues to be relocated within a commercial or industrial zone, excluding areas within 100 metres of residential zones with a deprivation index of 9 or 10.

27.     As all Class 4 venues are required to have a current on-licence or club licence, there are potential implications on any relocation of gaming venues of not allowing any new on-licensed premises in industrial areas. Option B below addresses this by adding a note to allow for an existing premises to relocate to industrial areas provided they are more than 100 metres from residential zones with an index of 9 or more, in line with the Gambling Venues Policy.

 

Options

Advantages

Disadvantages

Option A: No new on-licensed premises will be established in industrial areas.

 

·     Likely to decrease the availability of alcohol and assist in reducing alcohol harm.

·     Aligns with the objective of the Act and Council’s community outcomes.

·     Sends message to the community on the harms of alcohol use.

·     41% of submitters agree.

·     Reflects feedback from Police.

·     Potential for some economic impacts for some would be licences.

·     36% of submitters disagree.

·     Could contradict the Gambling Venues Policy, effectively not allowing existing gaming venues to be moved into industrial areas, even if they meet other relocation criteria.

Option B: As above in Option A -No new on-licensed premises will be established in industrial areas with the added note:

Does not apply to new licences for an existing premises that has been sold, or for an existing premises that is relocating to an area zoned industrial that is more than 100 metres from residential zones with a deprivation index of 9 or 10

·     As above in option A.

·     Clarifies that the proposed relocation condition in the Gambling Venues Policy is allowed for.

·     As above in option A excepting the final bullet.

Option C: Retain the current LAP position: no location restrictions for on-licensed premises.

·     May allow greater flexibility to meet growth needs of the city.

·     36% of submitters support new on-licensed premises being established in industrial areas.

 

·     Does not attempt to address alcohol harm.

·     Does not reflect feedback from Medical Officer of Health.

·     No message to the community on alcohol related harm.

·     41% of submitters disagree.

 

Issue Five: Final sales time for on-licensed premises in the city centre

 

Options

Advantages

Disadvantages

Option A: Retain the current LAP position: 3am final sales time.

·     Prevent and/or minimise any shift of alcohol harm to unregulated environments.

·     No impact on current on-licensed premises in the city centre.

·     47% of submitters agree.

·     No attempt to address significant alcohol harm that is occurring in the community.

·     Does not reflect feedback from Police or Medical Officer of Health.

·     Does not send a message to the community on alcohol related harm.

·     33% of submitters disagree and supported a final sale time of 2am with some suggesting more restrictive closing times.

Option B: Change the final sales time to 2am.

Recommended

·     Likely to reduce alcohol harm (see Attachment One).

·     Potential to reduce hospital admissions and assaults.[8]

·     Aligns with the objective of the Act and council’s community outcomes.

·     Those who bought alcohol after 2am are 2.9 times more likely to drink high amounts of alcohol compared to those who purchased before 2am[9].

·     33% of submitters support.

·     Sends message to the community on alcohol harm.

·     Reflects feedback from Medical Officer of Health.

·     May shift alcohol harm to different location (potential for alcohol consumption to occur in an unregulated environment) and/or time.

·     47% of submitters support retaining the 3am final sales time.

·     Potential impact on some licensed premises in the city centre.

 

Issue Six: One-way door provision

 

Options

Advantages

Disadvantages

Option A: Remove the one-way door provision.

·     46% of submitters agree.

·     May help prevent and/or minimise any shift to unregulated environments.

·     May prevent people being separated where their safety could be compromised.

·     34% of submitters disagree.

·     Does not reflect feedback from Police and Medical Officer of Health.

Option B: Retain the one-door provision to start one hour before the final sales time (either 1am or 2am depending on the decision made in issue five above).

·     Reflects feedback from Police and Medical Officer Health.

·     34% of submitters want to retain the one-way door.

·     Message to the community on alcohol related harm.

·     No attempt to address significant alcohol related harm.

·     46% of submitters support the removal.

 

Issue Seven: Discretionary conditions for all off-licensed premises

28.     Under the Act the District Licensing Committee (DLC) can apply conditions on a case-by-case basis. For example, in a recent off-licence renewal the DLC specified that the licensee will not offer for sale any single beer, cider or RTD product with an alcohol volume greater than 8%.

29.     Discretionary conditions can also be included in an LAP. The inclusion of discretionary conditions does not mean that these conditions are required to be part of each licence. The DLC may decide to impose any discretionary conditions set out in the LAP or any other condition it considers appropriate.

30.     Including discretionary conditions proposed by submitters in the revised draft LAP informs the DLC on what the community would like considered when making licensing decisions. It also provides some guidance to applicants regarding the nature and scope of potential discretionary conditions.

31.     The Committee included the following proposed discretionary conditions in the revised draft LAP:

·    signs detailing statutory restrictions on the sale of alcohol to minors and intoxicated persons adjacent to every point of sale

·    maintenance of an alcohol-related incidents book

·    installation and operation of CCTV cameras on the exterior of, and within, premises

·    provision of effective exterior lighting

·    no single sales of beer or ready to drink spirits (RTDs) in bottles, cans or containers of less than 440 mls in volume may occur except for craft beer

·    no single sales of shots or premixed shots

·    restrictions on sales based on the type of product and/or its price

·    restrictions on the display of RTDs at principal entrance to the store or within 3 meters of the front window

·    restrictions on the display of product or price specials.

32.     Some submitters wanted the single sales condition to specify container sizes of 500ml or less. This has also been called for by Police and the Medical Officer of Health in recent DLC hearings. Staff recommend amending the proposed single sales condition to provide the DLC with broader direction from the community and to allow for changing products and circumstances at each location.

33.     At their meeting on the 30 October 2023 the Committee identified the lack of clarity in the condition ‘restrictions on sales based on the type of product and/or its price’. Staff recommend that this condition be removed from the proposed list of discretionary conditions for off-licensed premises.

Issue Seven: Discretionary conditions for all off-licensed premises

 

 

Options

Advantages

Disadvantages

Option A: Include the discretionary conditions set out in the revised draft LAP.

 

·     Informs the District Licensing Committee on what the community would like considered when making licencing decisions.

·     Provides some guidance to applicants regarding potential discretionary conditions

·    46% of submitters agree.

·     Includes a single sales condition that is now different from what was been called for by Police and Medical Officer of Health.

·     Includes a condition that is likely to cause confusion - restrictions on sales based on the type of product and/or its price’

·    38% of submitters indicated that they do not support.

Option B: Include the discretionary conditions in the revised draft LAP with the following amendments:

Replace ‘No single sales of beer or ready to drink spirits (RTDs) in bottles, cans or containers of less than 440 mls in volume may occur except for craft beer’ with ‘Restrictions on single sales’.

Remove ‘restrictions on sales based on the type of product and/or its price’ from the list of discretionary conditions for off-licensed premises.

Recommended

·    As above in option A.

·    Broader direction on single sales to allow for changing products and circumstances.

·    38% of submitters do not support.

Option C:  No discretionary conditions for off-licensed premises.

·    38% of submitters support indicated that they do not support.

·     Does not inform the District Licensing Committee on what the community would like considered when making licensing decisions.

Legal Implications / Risks

34.     The legal implications and risks are dependent on the changes, if any, made to the revised draft policy.

 

Significance

35.     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.

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

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

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

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

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

Next Steps

38.     Depending on the decisions made by the Committee, the resulting final policy will be finalised by giving public notice. Staff recommend public notification taking place on 5 April 2024. This allows time for the notification to be prepared.

39.     In accordance with the Act, the policy will be adopted 30 days after it is publicly notified (5 May). Once the final LAP is adopted it can be bought into force on a day stated by resolution. If the Committee, make changes to the trading hours or one way door provision then the policy cannot be bought into force until 3 months after the day it was public notified.

40.     As set out in recommendation (d), 8 July 2024 is the proposed date for the LAP to be bought into force. This allows the committee to make changes to the current maximum trading hours and the one-way door policy. The Committee may decide to set different dates for the other elements of the adopted LAP. However, separating them out is likely to cause confusion and make the implementation of the policy more difficult for licensees.

41.     If the Committee decides not to make changes to the trading hours or one-way door provision, then they are able to bring the LAP into force any time after 5 May 2024.

Attachments

1.       LAP Review History - key decisions and steps - A15600400

2.       Submission summary and research findings - A15600412

3.       Proposed draft LAP - A15600429  

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9.3         Adoption of Mount to Arataki Spatial Plan

File Number:           A15148099

Author:                    Carl Lucca, Team Leader: Urban Communities

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

 

Purpose of the Report

1.      This report presents ‘Mount to Arataki Spatial Plan – Te Mahere ā-Takiwā o Mauao ki Arataki’ for adoption.

Recommendations

That the Strategy, Finance and Risk Committee:

(a)      Receives the report "Adoption of Mount to Arataki Spatial Plan".

(b)      Adopts the ‘Mount to Arataki Spatial Plan – Te Mahere ā-Takiwā o Mauao ki Arataki’ in Attachment A, to guide development and investment prioritisation in the Mount to Arataki area.

(c)      Delegates to the General Manager: Strategy, Growth and Governance to approve any necessary or minor amendments to the spatial plan including to ensure alignment and consistency with the following projects (as endorsed by Council):

(i)      Plan Change 33 – Enabling Housing Supply

(ii)      Connecting Mount Maunganui Indicative Business Case.

 

 

Executive Summary

2.       This report provides an overview of the Mount to Arataki Spatial Plan (MSP), including:

(a)     The background and strategic context

(b)     Interrelated projects

(c)     An overview of the MSP preparation process

(d)     A summary of MSP key directions

(e)     A brief summary of consultation and engagement outcomes

(f)      Next steps.

3.       The full MSP is attached as Attachment A.

4.       The MSP covers the area from Mauao through to Arataki and includes the areas of Mount North, Omanu, Central Parade, Maunganui Road, Arataki/Bayfair, Whareroa, and the Mount Industrial area.

5.       Tauranga and the western Bay of Plenty will continue to experience rapid growth. The Mount to Arataki area is currently home to 23,300 people (14.5% of Tauranga’s population) and is expected to grow to 27,700 people by 2058 (approximately 2,600 more dwellings). The Mount to Arataki area is well placed to support this growth due to its central location, proximity to the water, green spaces, and commercial/retail centres, all of which make it a great place to live.

6.       The MSP sets out a vision and framework for how and where growth will occur in Mount to Arataki between 2023 and 2050, supporting ‘unique, liveable, connected and healthy neighbourhoods, with a focus on the following key outcomes:

(a)     Fostering a thriving Mount to Arataki community that centres on manaaki tangata (care for people), emphasising wellbeing and health of the community and environment, and the unique cultural heritage and local identity

(b)     Providing opportunities for housing to better meet our social and economic needs

(c)     Improving accessibility and movement

(d)     Proactively managing natural hazards and land use activities to enhance the wellbeing of our community

(e)     Supporting an economically productive, healthy and connected industrial area that fits with the surrounding environment and communities.

7.       These outcomes are supported by ‘key directions’ will be delivered through the MSP ‘Action Plan’, with a focus on the next 10 years, enhancing the community wellbeing of the people who live, work, play and visit the area, now and in the future.

8.       The MSP also brings together the outcomes and relevant actions of recent planning processes and projects, including:

(a)     The Mount Industrial Planning Study (MIPS)

(b)     Plan Change 33 – Enabling Housing Supply (PC33)

(c)     Connecting Mount Maunganui (CMM) Indicative Business Case for Hewletts Road, Totara Street and Maunganui Road.

9.       The outcomes and actions within the MSP are consistent with the draft 2024-34 Long Term Plan (LTP), proposed to be approved on 22 April 2024. The draft 2024-34 LTP includes significant investment to support projected growth in the MSP area, including outcomes relating to movement, open space and public realm, stormwater resilience, and cultural outcomes.

strategic context

10.     The MSP is aligned with, and delivers on, strategic planning initiatives for the western Bay of Plenty subregion and Tauranga City Council’s Strategic Framework. 

11.     SmartGrowth’s Urban Form and Transport Initiative (2020) and the more recent draft SmartGrowth Strategy 2023 adopts a ‘connected centres’ approach for the growth and urban form of the subregion. These strategies identify the Te Papa peninsula, Ōtūmoetai peninsula and Mount to Arataki coastal strip as critical areas to provide for residential growth and intensification, and include a focus around the following concepts:

(a)     Increasing the number of dwellings by intensifying around key centres and transport corridors in existing and new urban areas in order to maximise the land available for development and support a well-functioning multimodal transport system

(b)     Providing improved accessibility to local social and economic opportunities within a 15-minute journey time, and sub-regional social and economic opportunities within 30-45 minutes, to encourage strong local centres and connected neighbourhoods. 

12.     The Tauranga City Council Strategic Framework provides a framework of strategies and action and investment plans (AIPs) to support the implementation of the vision for Tauranga and associated Long Term Plan (LTP) community outcomes. This includes the ‘connected centres’ approach identified in Urban Form and Transport Initiative and the draft SmartGrowth Strategy 2023.

13.     Within Council’s Strategic Framework, the MSP sits under the ‘Tauranga Tātaitia rā – we are a well-planned city’ community outcome and weaves through aspects of sustainability, te ao Māori, and how we contribute to the region. There are also links to other AIPs adopted and currently under development, such as the Reserves and Open Space, Accessible Tauranga, Nature and Biodiversity, and Climate AIPs.

 

Interrelated projects

14.     A number of significant projects within the Mount to Arataki area provide direction for growth and movement. These are outlined as follows.

Plan Change 33 (PC33) – Enabling Housing Supply

15.     PC33 gives effect to Policy 3 in the National Policy Statement on Urban Development (NPS-UD) which requires Council to provide height and density around identified commercial centres to enable residential intensification.

16.     The MSP commenced following the notification of PC33 and therefore seeks to support the residential land use outcomes anticipated through PC33 and the direction of the NPS-UD. PC33 proposes to enable residential intensification within and around the Mount Maunganui North town centre, Bayfair town centre and Central Parade local centre, and elsewhere through the medium density residential provisions.

17.     The draft MSP land use layer, particularly as it relates to proposed future residential zoning, reflects the extent of intensification recommended in the s.42A report for PC33.  If the PC33 decisions differ from the proposed zoning, then this will be reflected in the final MSP. 

Mount Industrial Planning Study

18.     The MIPS provides a programme of actions for the future of the industrial area, having considered the issues, concerns and requirements of all stakeholders. Those issues include future land use, cultural and social impacts, natural hazards, air quality, transportation, and economic growth. Engagement was undertaken with mana whenua, businesses, local and central government agencies and other stakeholders to identify options to address the issues related to the Mount Maunganui Industrial area.

19.     Key actions from the Mount Industrial Planning Study have been incorporated into the MSP. The spatial plan seeks to ensure that industrial land in the Mount Maunganui area meets the future economic, environmental, and social needs of our city.

20.     At the 4 December 2024 meeting, the Committee was asked to consider the outcomes of the Mount Industrial Planning Study (MIPS) and to endorse the vision, objectives and key interventions for the future of the industrial area. The resolutions of that meeting (SFR9/23/7) are attached as Attachment B to this report.

21.     The Committee resolved to introduce changes to the operative Tauranga City Plan to regulate and better manage future land use activities within the Mount industrial area to improve environmental and cultural well-being outcomes, while recognising existing use rights of businesses and providing for their future operation. This included:

(a)     Maintaining industrial land uses within the identified interface areas, with a progressive transition to lighter industry over the longer term

(b)     Recognising existing use rights of businesses and providing for their future operation

(c)     Reducing effects on sensitive land uses and not permit any new emitting industries within the Whareroa and Newton Road/MacDonald Street interface areas.

22.     Council’s policy response is proposed to be reflected in the proposed commercial and industrial zone plan change, through the City Plan work programme also endorsed by the Committee on 4 December 2024.

Connecting Mount Maunganui Indicative Business Case

23.     The CMM project is about developing a long-term plan for the Mount Maunganui area transport system, including State Highway 2 / Hewletts Road, Totara Street, and Maunganui Road. The project seeks to identify solutions to increase travel reliability for people and goods, improve transport choices (public transport and active modes), improve safety, and deliver better environmental outcomes.

24.     An Indicative Business Case (to be followed by a Detailed Business Case) has been prepared by New Zealand Transport Agency Waka Kotahi in conjunction with mana whenua, Tauranga City Council and Bay of Plenty Regional Council Toi Moana (Regional Council) and identifies programme interventions to ‘maximise the movement of people and goods whilst improving safety and environmental outcomes for all customers’, taking a whole of network approach (i.e. including consideration of improvements to all modes on both the state highway and local road network).

Accessible Streets

25.     The Accessible Streets programme aims to make it safer and easier for people to get around as the city is growing. The Accessible Streets programme will help people in the Mount to Arataki area by providing sustainable and people-focused options to get around. The programme is currently envisaged to be delivered through a number of phases[10]:

(a)     2024 onwards: ongoing improvements (citywide) with a focus on responding to safety and areas of high demand (e.g., school routes)

(b)     2034 onwards: delivery of the Accessible Streets Mount to Arataki Programme area.

Mount to Arataki Spatial Plan

Overview

26.     The MSP seeks to deliver a 30-year blueprint that provides strategic direction for growth of the area, forming the basis for the coordination of decision making within and across multiple agencies in a growth context.  The spatial plan creates an integrated land use and transport network for the local area that connects with the wider city, supported by public amenities, including a future implementation programme to achieve the intended outcomes.

27.     The MSP includes an Action Plan with a focus on delivery over the coming 10 years, which has assisted to inform the draft 2024-34 LTP, and will inform subsequent future LTPs. The draft 2024-34 LTP includes significant investment to support projected growth in the MSP area. In particular, this includes investment to support outcomes relating to movement, open space and public realm, stormwater resilience, and cultural outcomes.

28.     The MSP is designed for all audiences, from stakeholders and investors to the wider community, to engage with the material and be informed on the action and investment, current and future.

29.     The MSP focuses on the following matters, to support the existing community and as it grows in the future: 

(a)     The wellbeing of our communities as they continue to grow

(b)     The way we move around

(c)     Culture and heritage 

(d)     The natural environment and the features we want to protect

(e)     Public open space: playgrounds, parks, and community facilities

(f)      The shopping, entertainment, and business centres; and

(g)     How to manage the different land uses and their interfaces, including industrial, residential, and commercial.

Preparation of the spatial plan

30.     Preparation of the MSP has included a wide range of inputs and expertise relating to the following areas:

(a)     Urban design, public realm and place making, including consideration of culture and identity 

(b)     Transport planning, transportation and land use integration

(c)     Land use planning (working with the Plan Change 33 team)

(d)     Infrastructure planning, including stormwater

(e)     Communications and engagement

(f)      Other specialised technical inputs, as required.

31.     The MSP was prepared over a 16-month period, with key stages of the process including:

(a)     Stage 1 – Planning and Analysis: October 2022 to January 2023

(b)     Stage 2 – Workshops – Problem definition and outcomes (benefits) sought; stakeholder and community engagement: January 2023 to April 2023

(c)     Stage 3 – Option development: April 2023 to July 2023

(d)     Stage 4 – Stakeholder and community engagement on outcomes and development of ‘intervention options’: July 2023 to October 2023. 

(e)     Stage 5 – Final draft of Spatial Plan available for partner and stakeholder feedback and Commissioner decision-making: November 2023 to February 2024

32.     Key steps in the process, including the parallel mana whenua workstream, are outlined in the project timeline below:

 

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Partnership and engagement

33.     Implementation of the MSP will require contributions from a wide range of partners, organisations and individuals. Some actions have funding and others will be considered as part of other funding processes, such as the Council’s Long-term Plan process. There will also be ongoing consultation and engagement required with mana whenua, stakeholders and the community on project specific basis.

34.     Throughout this process, engagement with partners, key stakeholder and community inputs has contributed to the overall outcomes, as well as building institutional knowledge, understanding and enduring partnerships to assist in ongoing delivery. This has included tailored partnership and engagement as follows:

(a)     Mana whenua engagement – tailored to and informed by preferences of mana whenua for engaging on the MSP.

(b)     Reference Group engagement – bringing together partners and key stakeholders who have ability and / or mandate to inform the spatial plan, and to contribute to implementing it (via investment, policy and / or community and business social license).

(c)     Subject Matter Expert Group inputs – officers and officials from government entities and key stakeholders (including technical and advisor advice from the private sector) throughout the process and as part of key workshops.

(d)     Community and Business Stakeholder Group workshops and engagement – Community interest and business representative groups spanning all dimensions of interests in the Mount to Arataki area (e.g. youth, mobility, special interest, industry).

(e)     General Community input – public wide opportunities to be informed and contribute feedback on the spatial plan.

35.     Further detail in relation to consultation and engagement outcomes is outlined below.

Mana whenua partnership

36.     The MSP has been developed in partnership with mana whenua. A series of wānanga and hui have been held with invitations to representatives from Ngāi Te Rangi, Ngāti Ranginui, Ngāti Pūkenga, Ngāti Kuku, Ngāti Tapu, Ngāi Tukāirangi, Ngā Potiki, and Waitaha iwi and hapū.

37.     A key focus of the mahi and wānanga undertaken throughout the project with mana whenua has been developing cultural principles (based on tea o Māori values) and a Takiwā and Wāhi map to support future projects. Mana whenua input into the process has also assisted to identify projects with specific cultural outcomes for Mount to Arataki area as well as providing input into the wider outcomes and projects.

38.     Further detail in relation to mana whenua aspirations is contained within the MSP.

Document structure and content

39.     The structure and content of the document is outlined as follows:

(a)     Section 1 – Understanding Mount to Arataki: Provides an overview of the spatial plan area and context, including key challenges and opportunities.

(b)     Section 2 – Aspirations of Mount to Arataki Hapū: An overview of the local iwi and hapū values and aspirations for the area.

(c)     Section 3 – Strategic context: Identifies the strategic context to the spatial plan.

(d)     Section 4 – Engagement – Our Journey Together: Summarises the engagement approach and feedback from our partners, stakeholders and community.

(e)     Section 5 – Mount to Arataki Outcomes: Identifies the ‘outcomes’ we expect to see as growth occurs. These are:

(i)      Foster a thriving Mount to Arataki community that centres on manaaki tangata (care for people), emphasising wellbeing and health of the community and environment, and the unique cultural heritage and local identity

(ii)      Provide opportunities for housing to better meet our social and economic needs

(iii)     Improve accessibility and movement

(iv)     Proactively manage natural hazards and land use activities to enhance the wellbeing of our community

(v)     Support an economically productive, healthy and connected industrial area that fits with the surrounding environment and communities.

(f)      Section 6 – Unique, Liveable, Connected, Healthy Neighbourhoods: Outlines the ‘key directions’ we will take to achieve the outcomes, themed around unique, liveable, connected and healthy neighbourhoods.

(g)     Section 7 – Neighbourhood-based Action Plan: Sets out a neighbourhood-based programme of ‘actions’ in the form of projects and further planning work required over the next 30 years (with a focus on the next 10 years) to deliver the spatial plan outcomes and directions. Includes timeframes, owners, indicative costs and location of actions. It includes detail on specific components of the actions, timing, location, and who we will partner with to deliver on them.

Prioritisation of Actions

40.     Actions have been prioritised taking into account the extent to which they:

(a)     Are required to support the existing community as well as future growth and the demands of changes in housing patterns

(b)     Respond to historic service level deficiencies or gaps

(c)     Support Tauranga City Council’s Strategic Framework, the spatial plan’s key directions (refer below)

(d)     Contribute to climate change mitigation, adaption and/or resilience

(e)     Are supported by community and tangata whenua (based on engagement feedback)

(f)      Consider capital and operational costs and value for money

(g)     Are funded in the 2021-2031 LTP and/or whether potential for external funding exists (i.e. Waka Kotahi FAR subsidy)

(h)     Are consistent with the outcomes and relevant actions of other planning processes and projects, including:

(i)      The Mount Industrial Planning Study;

(ii)      Plan Change 33 – Enabling Housing Supply; and

(iii)     Connecting Mount Maunganui Indicative Business Case.

summary of key directions

41.     This section provides a summary of key directions relating to each of the neighbourhoods which, alongside the MSP outcomes sought, provide the directional basis for actions proposed. 

42.     Key directions for unique neighbourhoods include:

(a)     Acknowledge and showcase the cultural history of the Mount to Arataki, including information and education on cultural landmarks.

(b)     Continue to work with the community to understand local values and needs that respond to and enhance local identity (such as the surf and beach culture), diversity and inclusiveness in these communities.

(c)     Work with tangata whenua to:

(i)      Recognise tangata whenua leadership and enable opportunity for hapū and iwi to realise their role as kaitiaki;

(ii)      Embed Mātauranga Māori in projects;

(iii)     Embed te ao Māori principles into urban planning outcomes; and

(iv)     Integrate a Māori world view into future projects by applying principles established by tangata whenua.

43.     Key directions for liveable neighbourhoods include:

(a)     Support walkable neighbourhoods – where people can live, learn, work and play within a short journey of their home.

(b)     Support the growth of commercial centres so that they are accessible, safe and offer events, amenities and activities for people of all ages and abilities.

(c)     Develop a transition between industrial and other land uses with physical separation distances, visual screening, plantings and green space, to minimise the impacts of industrial activities on residents and visitors.

(d)     Recognise the inherent differences between communities, with a greater focus on visitor at Mount Maunganui, and community outcomes in the Omanu, Arataki and Whareroa areas.

(e)     Provide infrastructure to support growth, including stormwater, water and wastewater infrastructure renewals.

44.     Key directions for connected neighbourhoods include:

(a)     Provide safe and easy to use transport options, including cycling, walking and public transport, and the infrastructure needed to support these, particularly along the Central Maunganui Road corridor.

(b)     Prioritise commercial and freight vehicle movements, to and within the industrial area, to improve wider environmental and amenity outcomes. 

(c)     Support a local connected centres network, including neighbourhood centres along Ocean Beach Road and the three key commercial centres – Mount North, Central Parade / Omanu and Arataki / Bayfair; between the Industrial employment) area and residential areas; and with local amenities such as the beach.

45.     Key directions for healthy neighbourhoods include:

(a)     Minimise the impacts of polluting industries to people and to the natural environment in the Mount to Arataki area.

(b)     Improve access to green space and the beach to encourage play and recreational opportunities and connection to the natural environment.

(c)     Enhance existing public places and community facilities, and provide for new ones as needed to foster community connections and give people a safe place to meet.

(d)     Enhance and protect the natural environment, including the urban green network and preservation of dunes and the beach, noting this is an essential part of the community identity and culture (including health of the moana and whenua).

(e)     Understand and build resilience to climate change and natural hazards through innovative tools such as Dynamic Adaptive Policy Pathways (DAPP, an approach that develops a series of actions over time).

Financial Considerations

46.     The associated table of actions and programmes of work included in the MSP has proposed timeframes and indicative costs. The programme of work includes actions that are funded through the current Long Term Plan, as well as projects where funding is to be confirmed. If there is no committed funding, indicative cost ranges are provided for the actions.

47.     Further investigation of project costs and refinement of timing of the MSP Action Plan will occur in conjunction with the partner lead agencies and internal business activities, as part of the preparation proposed projects and in preparation of future LTPs. Consideration will be given to other city-wide priority areas through this process.

Legal Implications / Risks

48.     The implementation of the MSP relies on stakeholders, partnerships with mana whenua and the community, through execution of the projects, delivered by Council, Central Government and/or the private investment sector.

49.     Legal implications and risks of individual projects will be identified through the detailed project planning phases, and as the programme of work in the MSP is implemented.

Consultation / Engagement

50.     Engagement was undertaken with mana whenua, the community and stakeholders to identify key issues and opportunities, and create a shared vision for Mount to Arataki that supports the wellbeing and liveability of existing and future communities. In this regard, the spatial plan reflects the community’s needs and aspirations, as broader strategic drivers such providing for growth in and around centres.

51.     The Mount to Arataki Spatial Plan Engagement Summary Report was reported to the Strategy, Finance and Risk Committee on 4 December 2024 as part of the Growth and Land Use Projects Progress Report. The engagement report can be viewed on Council's MSP webpage.

Community Engagement

52.     Community engagement was undertaken as part of the initial analysis stage of the project, and during the later stages of the project to receive feedback on proposed actions. Both stages included a variety of engagement methods including on-line surveys; use of the Social Pinpoint mapping tool (stage 2); in-person pop-ups and drop-in sessions; on-line webinars; sessions with schools; stakeholder workshops; and one-to-one meetings.

53.     The first round of engagement was held from 13 March to 10 April 2023. It focused on understanding the values of the community, what they wanted to see in the future, and what matters most to them. A significant volume of feedback was provided across all engagement activity, including 932 survey responses (8,000 comments). Key themes included:

(a)     A desire for more public amenities like rubbish bins, toilets, showers, seating, barbeques and shade sails

(b)     Maintaining access to the beach while preserving the coastal environment

(c)     The need for safer roads, separated cycle and pedestrian infrastructure, and traffic calming measures like roundabouts and speed bumps

(d)     Crime reduction and personal safety, particularly in the Bayfair and Arataki area

(e)     Parking and accessibility at key centres

(f)      Managing traffic congestion across the network, including traffic generated by the industrial area

(g)     The risk of natural hazards and climate change related impacts including flooding, sea level rise, and tsunami

(h)     Amenity and air, noise and water pollution associated with the industrial area.

54.     The second stage of public engagement aimed to get feedback from the public on 22 actions that had been identified through the spatial plan design process. The actions were identified from a long list of interventions, and focused on the Unique, Liveable, Connected, Healthy neighbourhoods.

55.     There was strong support for proposed interventions related to:

(a)     Improving air quality in Mount Maunganui

(b)     Improving walking and cycling connections and safety

(c)     Extending the coastal path/boardwalk

(d)     Enhancing nature, biodiversity, and amenity in the industrial area.

56.     Feedback showed concern for:

(a)     Providing housing choice along Maunganui Road

(b)     Visitor accommodation in Mount North

(c)     Projects that may result in a conflict of land use, particularly ongoing industrial activity near residential land use, and residential and evening hospitality activity.

Mana whenua

57.     A key focus of the mahi and wānanga undertaken throughout the project with mana whenua has been identifying the Mount to Arataki Spatial Plan cultural values to support future projects. Mana whenua worked through a series of wānanga to ascertain place-based values (tātai kōrero) in the Mount to Arataki area, sharing insight and understanding. Guiding principles (ngā uara me ōna whakamārama) were identified to underpin future engagement and future projects with tangata whenua and the desired outcomes (ngā mahi whakawhanake).

58.     Mana whenua input into the process has also assisted to identify specific historical cultural areas, informing the takiwā mapping.

59.     The Tauranga Moana Design Principles (adopted by Te Rangapū Mana Whenua o Tauranga Moana Partnership and Tauranga City Council, 2017) provide the overarching framework and starting point for the Mount to Arataki area cultural principles.

60.     Through the spatial plan and other projects, mana whenua (and representatives of the community) have also provided clear feedback that the current effects from activities in the Mount Maunganui Airshed on people’s health and the environment are not being addressed and, therefore, they support greater land use controls, with emitting industrial activity removed. They have also identified concerns over noise, traffic, safety, hazard risks, visual amenity impacts and pollution of waterways and Te Awanui (Tauranga Harbour).

61.     An aspect of this spatial plan and related mahi has been on what can be done to respond to issues identified by Whareroa marae hau kāinga (the home people), mana whenua and the wider community. Outcomes of the MIPS incorporated into the spatial plan are key component of responding to these issues.

Stakeholder engagement

62.     Partner and stakeholder engagement included a series of topic-based workshops designed to acknowledge previous work, and to consider the current opportunities and challenges in the Mount to Arataki area. The workshops held were on urban form, movement, and amenities, followed by a review workshop.

63.     The workshops were attended by mana whenua, Waka Kotahi, Regional Council, Ministry of Education, Priority One, Toi te Ora, Sport Bay of Plenty, Mount Business Association, and other key stakeholders. Specific workshops were also held with stakeholders for the Mount industrial area in relation to the MIPS.

64.     There were also several follow up workshops with key stakeholders to develop the specific actions and projects required to implement the future vision for the MSP.

65.     Community groups such as Clear the Air consider that the adverse effects from activities in the Mount Maunganui Airshed on people’s health and the environment are not being addressed and support greater land use controls, with emitting industrial activity removed.

66.     Key businesses have also attended the stakeholder workshops, and a number of workshops occurred have occurred with a Mount industrial business working group. A number of businesses have given clear feedback they do not support land use intervention such as rezoning to ‘light industrial zone’ or similar regulatory controls to respond to environmental issues identified. They have stated an ongoing commitment to improve environmental practices and reduce emissions where possible, which are also captured in the Action Plan (e.g. the proposed Environmental Accord led by Priority One).

67.     It is also noted that Priority One are working with businesses to prepare an Industrial Blueprint, to set out the way forward from a business perspective and key recommended actions. The blueprint is likely to identify that businesses and stakeholders need to actively manage and deliver improvements to support the future growth of the area to ensure Mount Maunganui remains vibrant and continues to support economic benefits and community wellbeing.

Significance

68.     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.

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

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

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

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

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

71.     Taking into consideration the above assessment, that the decision is of medium significance, that considerable engagement has occurred and has been incorporated through the development of the MSP, and that further consultation will occur through future Annual Plan and LTP processes, officers are of the opinion that no further engagement is required prior to Council making a decision.

Next Steps

72.     Implementation of many of the MSP actions has already commenced, or will commence shortly, and will be supported by the adoption of the spatial plan. This includes Plan Change 33 (currently awaiting the recommended decisions of the hearing panel), next stages of the CMM project, the ongoing delivery of Council’s Low-Cost Low-Risk programme,  and Accessible Streets (citywide improvements) programmes.

73.     The Mount Programme has also been established to assist with coordinated delivery of existing and future projects in the area. The implementation of the MSP Action Plan relies on collaborative partnerships with mana whenua, businesses, other stakeholders and the community, with implementation delivered by Tauranga City Council, Regional Council, central government agencies and private sector businesses. The Mount Programme will assist to support engagement and outcomes in this regard. This includes continuing to work with businesses to implement key actions to improve environmental outcomes within the area.

74.     Ongoing implementation of the MSP Action Plan will be coordinated and monitored in partnership with other council teams, partners and key stakeholders. A monitoring plan (and associated KPIs) will be prepared alongside broader AIP monitoring frameworks currently under preparation. 

75.     Council’s policy response to industrial related matters, to regulate and better manage future land use activities within the Mount industrial area to improve environmental and cultural well-being outcomes, is proposed to be reflected in the proposed commercial and industrial zone plan change, which is part of the City Plan work programme previously endorsed by the Committee.

Attachments

1.       Attachment A: Mount to Arataki Spatial Plan - Te Mahere ā-Takiwā o Mauao ki Arataki - A15685235 (Separate Attachments 1)  

2.       Attachment B: SFR Committee Resolution SFR9_23_7 Mount Industrial Planning Study - A15596475 (Separate Attachments 1)   

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9.4         Non-Financial Performance Report - 6 monthly 2023/24 and Annual Resident Survey 2023/24 - Wave 2.

File Number:           A15681439

Author:                    Kathryn Hooker, Corporate Planner

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

 

 

Purpose of the Report

1.       The purpose of this report is to provide information on Council’s performance for the first two quarters of 2023/24.

2.       This report also includes an overview of the results from the Annual Residents Survey for the second quarter (Wave 2). 

 

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Non-Financial Performance Report - 6 monthly 2023/24 and Annual Resident Survey 2023/24 - Wave 2."

 

 

 

Executive Summary

3.       This report along with the material in attachment one provides an overall summary by outcome of how Council is tracking towards achieving the non-financial performance measures and subsequently our levels of service and provides further detail on those measures that are off track. 

4.       Attachment two presents a high-level summary of the wave two results of the Annual Residents Survey.

Background

5.       In a long-term plan (LTP), the level of service that the council will deliver is agreed upon by the council in consultation with the public.

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

7.       In the new 2024-34 Long-term Plan there are 82 KPIs that were agreed upon, 23 of which are mandatory measures as per section 261B of the Local Government Act.

8.       The Annual Residents Survey allows Council to better understand the community’s perception and satisfaction with Council, its services, functions and activities.

9.       312 surveys via a post to online method, have been undertaken with Tauranga City residents. An invitation letter, containing an embedded link to an online survey, was sent to a random selection of residents, sourced from the Electoral Roll, with a subsequent reminder follow up. 

10.     Wave 1 fieldwork was conducted 12 September 2023 to 09 October 2023.

11.     Wave 2 fieldwork was conducted 17 November 2023 to 11 December 2023

 

Strategic / Statutory Context

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

Discussion

Part 1: Non-Financial Performance

13.     Of the 82 non-financial performance measures included in the LTP for 2024, 54 measures (66%) are on track to completion and 20 measures (24%) are off track. Data is not yet available for 8 (10%) measures.

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

15.     20 measures, across 6 groups of activities are off-track. In detail these are:

·    Community Services – 3 off track from 12 measures

·    Regulatory and Compliance – 4 off track from 10 measures

·    City and Infrastructure Planning - 2 off track from 2 measures

·    Transportation - 6 off track from 13 measures

·    Economic Development -2 off track from 6

·    Community, People and Relationships – 3 off track from 6 measures

 

Part 2: Annual Residents Survey

16.     The results of the key performance indicators trending up include:

·    For 2023/24 overall performance, 26% of respondents are satisfied or very satisfied with Tauranga City Council in general, down from 40% in 2022/23.

 

·    Reputation measures the community’s perception of four key areas – leadership, faith and trust, financial management and quality of services/facilities. For 2023/24 reputation, 21% of respondents are satisfied or very satisfied with Tauranga City Council in general, down from 29% in 2022/23.

 

·    Within reputation, there is the measure in terms of respondent’s trust in Council, the year-to-date result is that 21% of respondents are satisfied or very satisfied, down from the full year result for 2022/23 which was 30%.

 

·    For 2023/24 overall value for money, 36% of respondents are satisfied or very satisfied with Tauranga City Council in general, down from 38% full year result of 2022/23.

 

·    A summary of the rest of the high-level survey results of the 2023/24 full year compared to 2022/23, and their trend is summarised in the table below:

 

Measure

2022/23 result

2023/24 result

Trend

Overall performance

40%

26%

6

Overall image and reputation

29%

21%

6

Overall value for money

38%

36%

6

Overall core services deliverables

60%

59%

6

Overall water management

56%

62%

5

Overall road and footpaths

32%

25%

6

Overall waste management

71%

71%

-

Overall outdoor spaces

68%

74%

5

Overall public facilities

71%

70%

6

Declining satisfaction trend worth noting is roading and footpaths (-7%), based on the comments, is mainly due to the extensive roadworks, safety concerns.

Options Analysis

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

Legal Implications / Risks

18.     Non-financial performance results

Risks are slightly elevated for those measures tracking below target as this is the midpoint mark for the reporting year. Corrective action will need to be accelerated to turn around off track measures.

19.     Annual Residents Survey

Results were reported in the Sun Live newspaper on 23 January 2023 with the title “Tauranga residents’ satisfaction with council low”. This could cause ongoing reputational risks to Council.

Consultation / Engagement

20.     This report is made public.

Significance

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

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

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

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

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

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

ENGAGEMENT

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

Next Steps

25.     This report ensures monitoring of Council performance.  The non-financial monitoring report summary will be presented on the Council website. 

Attachments

1.       Annual Residents Survey Report - A15685998

2.       Six Monthly Report - Non-Financial Performance - A15644894  

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Report: Non-Financial Performance Report - 6 monthly 2023/24 and Annual Resident Survey 2023/24 - Wave 2.

Attachment: Annual Residents Survey Report

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Attachment: Annual Residents Survey Report

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Report: Non-Financial Performance Report - 6 monthly 2023/24 and Annual Resident Survey 2023/24 - Wave 2.

Attachment: Six Monthly Report - Non-Financial Performance

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9.5         Growth & Land Use Projects Progress Report - March 2024

File Number:           A15490681

Author:                    Andy Mead, Manager: City Planning & Growth

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

 

Purpose of the Report

1.      Tauranga City is continuing to experience rapid growth.  Managing this growth is a significant issue for Council.  This report enables the Committee to monitor progress on key projects relating to managing growth in a sustainable manner, including land use planning projects and related transport, infrastructure and funding workstreams.

 

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Growth & Land Use Projects Progress Report - March 2024".

 

 

Executive Summary

2.       Managing growth is a significant issue for Council, particularly the challenge of ensuring growth is sustainable in a four well-beings context for both current and future communities.

3.       The attached report outlines the progress being made in relation to a number of projects necessary to manage this continued growth.  This information is also regularly reported to the SmartGrowth partners.

KEY UPDATES

4.       The key points to note in this update are outlined in the paragraphs below.

Plan Change 33 and Mount to Arataki Spatial Plan

5.       There has been limited visible progress on PC33 in the last quarter as the Independent Hearing Panel considers and drafts its recommendations which are expected in March/April.  A report to the 20 May Council meeting for Council decisions is planned.

6.       The Mount to Arataki Spatial Plan is included for adoption as a separate matter on this Committee agenda.  The Spatial Plan incorporates the outcomes of the Mount Industrial Planning Study, including actions addressing industry and its effects on adjoining residential and cultural activities.

Plan Change 38: Business Land Framework

7.       The development of a Plan Change to review commercial and industrial zones including the commercial network and hierarchy was approved at the December 2023 Strategy, Finance & Risk Committee meeting.  Project planning is underway and will be reported through the next Strategy, Finance & Risk Committee meeting. 

8.       Plan Change 38 is a key mechanism to address actions from the Mount Industrial Planning Study in relation to industry and its impacts on adjoining residential and cultural activities.  A sub-regional approach will be taken to this work.


 

Greenfield plan changes and urban development

9.       Tauriko West: Variation 1 to PC33 to rezone Tauriko West for residential development was notified for submissions on 11 March 2024.  The enabling works construction contract has been awarded and construction is now underway.

10.     Te Tumu: Staff and landowners/developer representatives are reviewing and resetting the work programme and timeframes to enable notification of a Plan Change with urgency.  A revised programme will be reported when agreed. 

11.     Negotiation of infrastructure corridors through the TK14 Māori land block continues with reporting to Council for decisions scheduled for the 20 May Council meeting.

12.     While the outcomes of the 2024-34 LTP deliberations include significant investment related to Te Tumu, substantial infrastructure construction budgets required for development to commence sit beyond 2034 due to broader Council affordability challenges. External funding may enable infrastructure to be brought forward in due course.

13.     Tauriko Business Estate Extension: The private plan change request to rezone land for the extension of this development was notified for submissions on 11 March 2024. 

14.     Upper Ohauiti: Council agreed to accept the private plan change request to rezone land adjoining Ohauiti Road for residential development at the 12 February 2024 Council meeting.  Notification will occur in the near future once all requirements are met, including pre-notification engagement with Tangata Whenua.

15.     Keenan Road: Structure planning process continue, including upcoming public open days.  Further processes, including rezoning, may be impacted by decisions on the Western Corridor Specified Development Project (SDP).  At the time of writing, it is unclear when TCC will be advised of the Kainga Ora recommendation on the SDP proposal for our feedback but we are gearing up to respond to this in the near future.

SmartGrowth Strategy 2023

16.     Deliberations on the updated SmartGrowth Strategy which includes the Future Development Strategy were completed on 19 March.  Adoption of the Strategy requires further reporting through SmartGrowth and then to each SmartGrowth Partner including TCC.

17.     The Strategy addresses the shortage of residential and industrial development capacity by identifying additional growth areas.  Of particular note is the proposed addition of Upper Belk Road in the Western Corridor within the 30-year period for both residential and industrial development. This aligns with the Western Corridor SDP proposal and the major upgrades planned to SH29 & SH29A. 

Resource Management Reform

18.     The Government is taking a staged approach to resource management reform.  Initially through amendments to the RMA before introducing longer-term RMA replacement legislation.

19.     The Fast-track Approvals Bill has been introduced and submissions are open until 19 April.  Staff are currently reviewing and assessing the Bill.  At first glance it may offer a pathway to accelerate consenting and other approvals required for infrastructure and urban development projects in the City, including TCC projects.  A draft submission will be prepared for input.

20.     We are anticipating a separate Bill in the upcoming months addressing the Government’s desire for Councils to provide and zone 30 years of development capacity.  We expect this to include greater flexibility around intensification and the mandatory implementation of the MDRS to residential zones for Councils that satisfy this 30-year requirement.  Noting, that documented housing shortfalls in Tauranga mean we are unlikely to be able to demonstrate this.

21.     The Government has also put implementation of the National Policy Statement for Indigenous Biodiversity on hold while it replaces the Resource Management Act.

Draft Government Policy Statement on Land Transport

22.     The Government has released its draft Government Policy Statement for Land Transport for submissions.  The GPS includes a much greater focus on roading projects, particular State Highway investment through Roads of National Significance (RONs).  These include TNL Stage 2 and the long-term upgrades to SH29 through Tauriko.  RONs projects are identified as being four laned and grade separated.

23.     The Government is also signalling a move from a 3 year investment programme to a 10 year programme which is welcomed as well as a major overhaul of transport revenue sources including road pricing. 

24.     Significant reduction in priority and investment in public transport, walking and cycling is a concern and may affect a number of significant projects planned across the City.

25.     Staff are preparing a draft submission for input.

Greenfield development capacity assessment

26.     At a recent Council meeting Commissioners requested a breakdown of greenfield development capacity, including land that was consented but not developed and land where consent processes had not commenced.  This information is set out below.

27.     The Table below breaks capacity down by:

(a)     Completed dwellings

(b)     Vacant sections

(c)     Undeveloped land that is consented for development

(d)     Undeveloped land without consent in place for development. 

Actual

Consented

Assumed

Total Yield

Dwellings

Vacant Sections

Total

Bethlehem UGA

3,927

26

3,953

190

1,587

5,730

Pyes Pa UGA

2,685

17

2,702

34

224

2,960

Pyes Pa West UGA

2,092

145

2,237

119

354

2,710

Ohauiti UGA

1,653

59

1,712

42

366

2,120

Welcome Bay UGA

1,951

30

1,981

47

132

2,160

Papamoa UGA

7,085

81

7,166

408

596

8,170

Wairakei (Papamoa) UGA

3,320

520

3,840

1,512

348

5,700

Total

22,713

878

23,591

2,352

3,607

29,550

 

28.     In total there are around 6,000 more homes expected to be delivered in Tauranga’s existing greenfield urban growth areas which would provide approximately 20% of the 30,000 homes required in the City over the next 30 years.  Intensification and new urban growth areas will provide the remaining capacity.

29.     Bethlehem, Papamoa and Wairakei have the greatest levels of remaining development potential. Roughly 40% of the remaining development potential is consented and some of it will be in the process of being developed, noting the pace of land development has reduced in recent years due to broader economic and property market factors.

30.     Some of the land that is in the Undeveloped – Not Consented category includes:

(a)     A significant amount of Multiple Owned Māori Land (Bethlehem, Welcome Bay and Papamoa)

(b)     Sites that are not owned by developers eg sites that continue to be used as orchards

(c)     A number of sites with infrastructure challenges.

31.     The Table below provides an indication of the larger undeveloped sites in each growth area.

UGA

Key sites included in Assumed yield **

Bethlehem UGA

Potewhiri, Town centre and surrounds, St Michaels block at 73 Glenpark Crescent, multiple owned land (Hangarau and Ngati Kahu), Bethlehem Central (Landhouse) site at 97 Taniwha Place, large sites off 247, 249, and 253 Cambridge Road, Smiths Farm at 10 Richards Way, and large site at 3 Pendennis Crescent.

Pyes Pa UGA

Orchard and neighbouring site (76 and 89 Inverness Drive), and large site at R59 Pyes Pa Road.

Pyes Pa West UGA

Orchards & Baptist church sites by school, Kennedy Rd gully area proposed to be rezoned under PPC33

Ohauiti UGA

Pukemapu area to be developed via Rosedale Rd connection, Orchard at 22 Hollister Lane.

Welcome Bay UGA

24 Eagle Street site, and large sites accessed from Kestral Avenue and Waitaha Road.

Papamoa UGA

Balance of Mangatawa block (194 Gloucester Road), large sites north of Wairakei stream at 72A & 72B Simpson Road, large undeveloped site at 13 Bermuda Drive Royal Palm Beach Estate, privately owned camp-sites, large site at 6A Sandhurst

Wairakei (Papamoa) UGA

Blowcart site at R176 Parton Road, balance of Hawridge (Palm Springs) and Bluehaven (Golden Sands) land.

 

STRATEGIC / STATUTORY CONTEXT

32.     The projects covered in this report are framed under the strategic direction of SmartGrowth and UFTI, the proposed Future Development Strategy, the 30-year Infrastructure Strategy and Long-Term Plan.

OPTIONS ANALYSIS

33.     There is no options analysis.  This report is for information only.

Significance

34.     While growth is a significant issue for Tauranga City, this report does not require any decisions and is not significant in itself.

Next Steps

35.     Council will continue to progress the projects and works identified in the report attachment.

Attachments

1.       Appendix A - Quarterly Update - Growth, Land Use Planning and Transport Strategy Projects - March 2024 - A15490506  

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Report: Growth & Land Use Projects Progress Report - March 2024

Attachment: Appendix A - Quarterly Update - Growth, Land Use Planning and Transport Strategy Projects - March 2024

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

9.6         Urban Design Panel - Terms of Reference Update

File Number:           A15468690

Author:                    Carl Lucca, Team Leader: Urban Communities

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

 

Purpose of the Report

1.      The purpose of this report is to seek:

·    Endorsement of updates to the Urban Design Panel (UDP) Terms of Reference (ToR); and

·    Delegation to be provided to the Chief Executive Officer to make minor changes to the Terms of Reference (ToR) and changes to panel membership, if and when required.

 

Recommendations

That the Strategy, Finance and Risk Committee:

(a)     Receives the report "Urban Design Panel - Terms of Reference Update".

(b)     Endorses the updated Urban Design Panel Terms of Reference.

(c)     Notes that reporting on the Urban Design Panel will be provided to the Strategy, Risk and Finance Committee on a regular basis as part of the City Planning and Growth quarterly reporting.

(d)     Notes that a full review of the Urban Design Panel will be reported to the Strategy, Risk and Finance Committee on a three yearly basis.

(e)     Delegates authority to the Chief Executive Officer to make minor changes to the Terms of Reference and changes to panel membership.

 

Background

2.       On 28 March 2022, Strategy, Finance and Risk Committee meeting received the TCC Urban Design Framework Report and approved the recommendation to adopt the Urban Design Framework, including setting up an UDP, in line with the proposed Terms of Reference (ToR).

3.       An update on the ongoing delivery of Council’s Urban Design Framework, including the UDP and related matters, was also provided to the Strategy, Finance and Risk Committee on 30 October 2023. The update identified what was working well, and a number of areas for refinement. This included identification of a number of expertise gaps in the panel membership (noting that a sperate report is being tabled to this Strategy, Finance and Risk Committee meeting for endorsement as a separate agenda item).

4.       In addition, with the panel having now operated for 15 months, this has allowed consideration to be given to a number of areas of refinement as they relate to the panel’s ToR. Key areas of refinement are outlined as follows:

(a)     Providing less stringent direction on the size and type of proposals that come before the panel. Previously this has referred to ‘significant’ and ‘large’ proposals; however, it is recommended that terminology be amended to be more inviting to a range of development proposals, both public and private. This approach will see a wider range of proposals come before the panel, resulting in broader influence of the panel’s experience and expertise across the city.

(b)     Transportation be added as a core discipline to the panel membership alongside other disciplines (noting that a number of panellists have transport expertise).

(c)     As well as nomination through professional bodies (e.g., NZ Institute of Architects), consideration will also be given to professionals where a high level of relevant expertise and experience has been demonstrated through Council projects.

(d)     That the final appointment of panel members can be undertaken via Council resolution OR through delegation to Council’s Chief Executive Officer. This allows for flexibility in adjusting panel membership without needing to convene formal meetings where this is limited in number (e.g., replacing individual members who may have left).

(e)     Minor updates to the UDP session timeframes, to better acknowledge the time taken to review a proposal, including time to visit the site by the panel chair (or a nominated panel member), as requested during feedback from applicants.

5.       The updated ToR are attached as Attachment A.

Strategic / Statutory Context

6.       This proposal to strengthen the role of urban design in Tauranga supports all six of the LTP community outcomes through encouraging high-quality, context-appropriate development that contributes to functional, safe, inclusive, and attractive places and spaces in Tauranga.

7.       The UDP will help to promote the New Zealand Urban Design Protocol (of which TCC is a signatory) through providing a more holistic approach to urban design in Council and a desire to enhance the quality of built outcomes in Tauranga.

Options Analysis

8.       The Council has the option to either:

(a)     Endorse the ToR as attached. This option is recommended, as the proposed ToR reflect lessons learned to date and promote the efficient and effective application of the panel.

(b)     Alternatively, retain the previous ToR endorsed on 28 March 2022 (not recommended).

Financial Considerations

9.       Remuneration and broader costs relating to the Panel are included in the current Long-Term Plan. Remuneration for the panel members was outlined in the report adopted by Council on 28 March 2022 which considered costs for an interim and ideal state. The March 2022 report provided a detailed breakdown of costs as Appendix B: Proposed Urban Design Framework and is not repeated here.

Legal Implications / Risks

10.     There are no legal implications or risks.

Significance

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

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

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

(b)     Any persons who are likely to be particularly affected by, or interested in, the decision; and

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

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

ENGAGEMENT

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

Next Steps

15.     The UDP will be run in line with the ToR, with continued internal resourcing, policy development and promotion, to support good urban design outcomes for Tauranga.

16.     The ToR will be available on Council’s UDP webpage.

Attachments

1.       Attachment A: Updated Draft Tauranga Urban Design Panel - Terms of Reference 250324 - A15644799  

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

 

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Report: Urban Design Panel - Terms of Reference Update

Attachment: Attachment A: Updated Draft Tauranga Urban Design Panel - Terms of Reference 250324

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Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

10        Discussion of late items


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

11        Public excluded session

Resolution to exclude the public

Recommendations

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

11.1 - Public Excluded Minutes of the Strategy, Finance and Risk Committee meeting held on 19 February 2024

s6(b) - The making available of the information would be likely to endanger the safety of any person

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

s7(2)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret

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)(d) - The withholding of the information is necessary to avoid prejudice to measures protecting the health or safety of members of the public

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

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

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

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

11.2 - Appointment of Additional Urban Design Panel Members

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

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

 

 

 

 

 

 


Strategy, Finance and Risk Committee meeting Agenda

25 March 2024

 

12        Closing karakia



[1] 613 questionaries were completed by people in the Bay of Plenty District Health Board geographical area. This was made up of 400 from the Western Bay of Plenty and 213 from Eastern Bay of Plenty.

[2] Toi Te Ora Public Health 2021, Issues of Health and Wellbeing Population Survey 2020 A reflection of community views across a range of public health topics https://toiteora.govt.nz/assets/Toi-Te-Ora-Public-Health/Publications-and-Resources/Population-Surveys/2020_Population_Survey_Low_Res_FINAL.pdf

[3] A Wellington City based study of alcohol off-licensed purchases and subsequent harm found that earlier purchases (7:00pm-8.59pm) were associated with fewer harms experienced compared with later purchases (9:00pm -11:00pm). Health Promotion Agency (2016). Alcohol off-licence purchases and subsequent harm: Summary Report. Wellington: Health Promotion Agency

[4] New Zealand Law Commission. Alcohol in our Lives: Curbing the Harm: A report on the review of

the regulatory framework for the sale and supply of liquor. Wellington, N.Z.: Author, 2010  pg. 130

https://www.lawcom.govt.nz/sites/default/files/projectAvailableFormats/NZLC%20R114.pdf

[5] Meiklejohn J, Connor J, Kypri K. 2012. One in three New Zealand drinkers reports being harmed by their own drinking in the past year. The New Zealand Medical Journal, 125(1360), 28-36

[6] New Zealand Law Commission. Alcohol in our Lives: Curbing the Harm: A report on the review of

the regulatory framework for the sale and supply of liquor. Wellington, N.Z.: Author, 2010  pg. 130

https://www.lawcom.govt.nz/sites/default/files/projectAvailableFormats/NZLC%20R114.pdf

[7] Meiklejohn J, Connor J, Kypri K. 2012. One in three New Zealand drinkers reports being harmed by their own drinking in the past year. The New Zealand Medical Journal, 125(1360), 28-36

[8] Research shows that hospitalizations and assaults reduced significantly following restrictions on late night alcohol sales in New Zealand. Most significant amongst 15-29 years-olds who made up half of all hospitalisations. This research does not specifically relate to the impact on alcohol related harm from moving from a 3am to 2am closing.

[9] Casswell, S., Huckle, T., Wall, M., & Yeh, L.C (2014) International Alcohol Control study: pricing data and hours of purchase predict heavier drinking. Alcoholism Clinical and Experimental Research. 2014; 38(5):1425-31. https://www.hamilton.govt.nz/our-council/policies-bylaws-legislation/policies/Documents/LAP%20Handout%20-%20International%20Alcohol%20Control%20Study%2007-04-14.pdf 

[10] The phasing acknowledges recent changes to the Accessible Streets programme responding to central government priorities signalled through the draft Government Policy Statement on Land Transport (GPS). The programme and overall rate of delivery will be subject to outcomes of the GPS and subsequent National Land Transport Fund 10-year planning.