Agenda of Ordinary Council meeting - Thursday, 15 August 2024

Membership

Chairperson	Mayor Mahé Drysdale
Deputy Chairperson	Deputy Mayor Jen Scoular
Members	Cr Hautapu Baker Cr Glen Crowther Cr Rick Curach Cr Steve Morris Cr Marten Rozeboom Cr Kevin Schuler Cr Mikaere Sydney Cr Rod Taylor
Quorum	Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd.
Meeting frequency	As required

Role

· To ensure the effective and efficient governance of the City.

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

Scope

· Oversee the work of all committees and subcommittees.

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

· The powers Council is legally prohibited from delegating include:

○ Power to make a rate.

○ Power to make a bylaw.

○ Power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan.

○ Power to adopt a long-term plan, annual plan, or annual report

○ Power to appoint a chief executive.

○ Power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

○ All final decisions required to be made by resolution of the territorial authority/Council pursuant to relevant legislation (for example: the approval of the City Plan or City Plan changes as per section 34A Resource Management Act 1991).

· Council has chosen not to delegate the following:

○ Power to compulsorily acquire land under the Public Works Act 1981.

· Make those decisions which are required by legislation to be made by resolution of the local authority.

· Authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council.

· Make appointments of members to the CCO Boards of Directors/Trustees and representatives of Council to external organisations.

· Consider any matters referred from any of the Standing or Special Committees, Joint Committees, Chief Executive or General Managers.

Procedural matters

· Delegation of Council powers to Council’s committees and other subordinate decision-making bodies.

· Adoption of Standing Orders.

· Receipt of Joint Committee minutes.

· Approval of Special Orders.

· Employment of Chief Executive.

· Other Delegations of Council’s powers, duties and responsibilities.

Regulatory matters

Administration, monitoring and enforcement of all regulatory matters that have not otherwise been delegated or that are referred to Council for determination (by a committee, subordinate decision-making body, Chief Executive or relevant General Manager).

UNCONFIRMED Inaugural Council meeting minutes

2 August 2024

MINUTES

Inaugural Council meeting

Friday, 2 August 2024

Order of Business

1 Mihi Whakatau with Kaumatua Tamati Tata. 3

2 Apologies. 3

3 Declaration of election results. 3

4 Business. 3

4.1 Declaration by the Mayor 3

4.2 Declaration by Councillors. 4

4.3 Address by the Mayor 4

4.4 Address by Individual Councillors. 4

4.5 Appointment of Deputy Mayor 4

4.6 Fixing of date and time of the first Council meeting. 5

4.7 Legislative advice for the incoming Council 5

5 Closing karakia with Puhirake Ihaka. 6

MINUTES OF Tauranga City Council

Inaugural Council meeting HELD AT THE

University of Waikato Campus, Te Manawaroa Room,

101-121 Durham Street, Tauranga

ON Friday, 2 August 2024 AT 2:30pm

PRESENT: Mayor Mahé Drysdale (Chairperson), Cr Hautapu Baker, Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Marten Rozeboom, Cr Kevin Schuler, Cr Jen Scoular, Cr Rod Taylor

IN ATTENDANCE: Marty Grenfell (Chief Executive), Barbara Dempsey (General Manager: Community Services), Gareth Wallis (General Manager: City Development & Partnerships), Christine Jones (General Manager: Strategy, Growth & Governance), Sarah Omundsen (General Manager: Regulatory & Compliance) Alastair McNeil (General Manager: Corporate Services), Paul Davidson (Chief Financial Officer), Nic Johannson (General Manager: Infrastructure), Coral Hair (Manager: Democracy & Governance Services), Anahera Dinsdale (Acting Team Leader: Governance Services).

OPENING OF mEETING BY CHIEF EXECUTIVE

Key Points

· Declared the first meeting of Council for the new term open.

· Outlined the process the meeting would follow and the contents of the agenda.

1 Mihi Whakatau with Kaumatua Tamati Tata

Kaumatua Tamati Tata opened the meeting with a mihi whakatau and a karakia.

2 Apologies

An apology from Cr Mikaere Sydney was received and accepted by the Chief Executive.

3 Declaration of election results

The Chief Executive noted the Declaration of Result for the 2024 Triennial Elections for Tauranga City Council, as attached to the agenda.

4 Business

4.1 Declaration by the Mayor

The Chief Executive called for the Mayor Elect to come forward.

Mayor Mahé Drysdale made his oral declaration and signed the declaration in the presence of the Chief Executive.

The Mayor was presented with the Mayoral Cloak by Mr Josh Te Kani and the Mayoral Chains by Ms Keren Paekau.

The Mayoress was presented with the Mayoress Chains by Mr Josh Te Kani.

The Mayor assumed the Chair and congratulated the Councillors Elect, and then called each Councillor to make his or her declaration according to the Local Government Act 2002.

4.2 Declaration by Councillors

The Mayor called Elected Members, as listed in the following alphabetical order, to make their oral declarations and to sign the declarations.

Cr Baker made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Crowther made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Curach made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Morris made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Rozeboom made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Schuler made his oral declaration and signed the declaration in the presence of the Mayor.

Cr Scoular made her oral declaration and signed the declaration in the presence of the Mayor.

Cr Taylor made his oral declaration and signed the declaration in the presence of the Mayor.

4.3 Address by the Mayor

Key points

· The Mayor addressed the meeting and expressed thanks to the many candidates who ran in the elections, kaumatua, family, friends, supporters and the community.

· The Mayor acknowledged his Grandfather, Sir Bob Owens, who was the Mayor of Tauranga serving from 1968 to 1977 and also the Mayor of Mount Maunganui from 1971 to 1974.

4.4 Address by Individual Councillors

Key points

· The councillors each addressed the meeting in turn, expressed thanks to family, friends, supporters and the community; and briefly outlined motivating factors, key objectives and challenges for the new Council term and their role as councillors.

4.5 Appointment of Deputy Mayor

Key points

· The Mayor announced the appointment of Councillor Jen Scoular as the Deputy Mayor.

· The Deputy Mayor was presented with the Deputy Mayor chains by the Mayor and Mr Josh Te Kani.

· The Deputy Mayor addressed the meeting and thanked the Councillors for placing their trust in her.

· The Deputy Mayor briefly outlined motivating factors, key objectives and challenges for the new Council term and their role as councillors.

Committee Resolution INAC15/24/1

Moved: Mayor Mahé Drysdale

Seconded: Cr Steve Morris

That the Council:

(a) Receives the report "Appointment of Deputy Mayor".

(b) Acknowledges the appointment by Mayor Drysdale of Councillor Jen Scoular as Deputy Mayor.

Carried

4.6 Fixing of date and time of the first Council meeting

Staff Marty Grenfell, Chief Executive

Key points

· The report was taken as read.

Committee Resolution INAC15/24/2

Moved: Mayor Mahé Drysdale

Seconded: Cr Glen Crowther

That the Council:

(a) Receives the report "Fixing of date and time of the first Council meeting".

(b) Approves the first meeting of the Tauranga City Council be held on Thursday, 15 August 2024 commencing at 9:30 am in the ground floor meeting room, Tauranga City Council office, 306 Cameron Road, Tauranga.

Carried

4.7 Legislative advice for the incoming Council

Staff Marty Grenfell, Chief Executive

Key points

· The report was taken as read.

Committee Resolution INAC15/24/3

Moved: Cr Rick Curach

Seconded: Cr Hautapu Baker

That the Council:

(a) Receives the report "Legislative advice for the incoming Council".

(b) Notes the process for each elected member to declare any personal or financial interests that may at times conflict with their role as an elected member.

Carried

5 Closing karakia with Puhirake Ihaka

Kaumatua Puhirake Ihaka closed the meeting with a karakia.

The meeting closed at 3:33pm.

The minutes of this meeting were confirmed as a true and correct record at the Inaugural Council meeting held on 15 August 2024.

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

Mayor Mahé Drysdale

CHAIRPERSON

Ordinary Council meeting Agenda

15 August 2024

11 Business

11.1 Leave of absence

File Number: A16267696

Author: Coral Hair, Manager: Democracy and Governance Services

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. The purpose of the report is to grant a leave of absence to Councillor Mikaere Sydney.

Recommendations

That the Council:

(a) Receives the report "Leave of absence".

(b) Approves a leave of absence to Councillor Mikaere Sydney for the period 15 August 2024 to 31 December 2024.

Executive Summary

2. Councillor Mikaere Sydney is unable to take up his duties as councillor for the Te Awanui Māori ward due to ill health.

3. The Council can grant a leave of absence to ensure that an extraordinary vacancy in the Te Awanui Māori ward does not occur and a by-election triggered.

Statutory Context

4. The Local Government Act 2002 (LGA) Clause 5(1)(d) of Schedule 7 states that an extraordinary vacancy is created if a member is absent without leave of the local authority from four consecutive meetings (other than extraordinary meetings).

5. Unless the Council grants a leave of absence covering the period when there are four ordinary council meetings (from 15 August 2024 to 31 December 2024), under the LGA the seat is vacated and a by-election triggered.

6. Standing orders 13.3 states that the Council may grant a leave of absence following an application from that member. The Council has delegated the power to grant a leave of absence to the Mayor in order to protect a members’ privacy.

7. Meeting minutes will record that a member has leave of absence as an apology for that meeting.

BACKGROUND

8. The Council is mindful of preserving the privacy of Councillor Sydney and balancing that with the public interest in knowing the circumstances surrounding Councillor Sydney’s absence from the Council.

9. Councillor Sydney’s ill health is preventing him from taking up his position as the Councillor for Te Awanui Māori ward at this point. His whanau support the leave of absence being granted to give Mikaere time to recover and take up his duties in the future.

Options Analysis

10. The Council may grant a leave of absence or decline a leave of absence.

11. The Council may grant a leave of absence with or without remuneration. Councillor Sydney will be eligible for remuneration from the day after the election results were publicly notified, 24 July 2024, and this can be actioned when he takes up his position.

12. If Councillor Sydney is prevented from taking up his position as the Councillor for Te Awanui ward after 31 December 2024, then he will need to notify the Chief Executive that he wishes to extend the leave of absence or resign from his position. The Council will then consider an extended leave of absence if that was requested.

Financial Considerations

13. There are no financial impacts on this decision. Remuneration for elected members is included in the budgets.

Next Steps

14. A leave of absence for Councillor Mikaere Sydney is recorded as an apology in the minutes.

Attachments

Nil

Ordinary Council meeting Agenda

15 August 2024

11.3 Governance structure and appointments 2024-2028

File Number: A16211161

Author: Mahé Drysdale, Mayor

Authoriser: Mahé Drysdale, Mayor

Purpose of the Report

1. To present the governance structure and appointments for 2024-2028.

Recommendations

That the Council:

(a) Receives the report "Governance structure and appointments 2024-2028".

(b) Acknowledges that the Mayor has exercised his powers under section 41A(3)(b) and (c) of the Local Government Act 2002 to establish standing committees and special committees of Council and appoint committee chairpersons.

(c) Adopts the terms of reference for and makes the delegations to the standing committees and special committees as outlined in Attachment 1.

(d) Confirms committee membership as follows:

Committee	Membership
Vision, Planning and Growth Committee	Chairperson: ……………… Deputy Chairperson: …………………. Councillors ………………… Mayor Mahé Drysdale (ex officio)
Project Planning and Monitoring Committee	Chairperson: ……………………… Deputy Chairperson: ………………….. Councillors …………………… Mayor Mahé Drysdale (ex officio)
Community, Transparency and Engagement Committee	Chairperson: ………………………. Deputy Chairperson: ……………………. Councillors …………….. Mayor Mahé Drysdale (ex officio)
Accountability, Performance and Finance Committee	Chairperson: ………………………… Deputy Chairperson: …………………….. Councillors ……………. Mayor Mahé Drysdale (ex officio)
Audit and Risk Committee	Chairperson: Independent to be appointed Deputy Chairperson: Councillors ……………….. Mayor Mahé Drysdale (ex officio)
Tangata Whenua / Tauranga City Council Committee	Chairperson: Mr Anthony Fisher Deputy Chairperson: ……………. Councillors (5) …………………. Ms Matire Duncan Mr Puhirake Ihaka Mr Nathan James Ms Destiny Leaf Mr Whitiora McLeod Mr Buddy Mikaere
Wastewater Management Review Committee	Chairperson: to be appointed following a recommendation by the Committee Deputy Chairperson: to be appointed by the Committee Councillors (4) …………………. Mr Spencer Webster – Nga Potiki Ms Lara Burkhardt – Ngā Pōtiki Mr Whitiora McLeod - Ngāi Te Rangi Mr Des Heke - Ngāti Ranginui Ms Destiny Leaf (alternate member – Ngāti Ranginui)
Regulatory Hearings Panel	Ms Mary Dillon Mr Puhiraka Ihaka Mr Terry Molloy Mr Alan Tate

(e) Adopts the following Joint Committees and confirms membership as follows:

Committee	Membership (Tauranga City Council)
SmartGrowth Leadership Group
Bay of Plenty Civil Defence Emergency Management Group
Regional Transport Committee
Public Transport Committee
Tauranga Public Transport Joint Committee
Te Maru o Kaituna River Authority

(f) Appoints the following members to these advisory boards, external organisations and internal working groups:

Group/organisation	Membership (Tauranga City Council)
Ngā Poutiriao ō Mauao
Waiāri Kaitiaki Advisory Group
Matapihi Southern Pipeline Advisory Group	(one elected member) General Manager: Infrastructure (Nic Johansson) Manager: Strategic Māori Engagement (Stacey Mareroa-Roberts) Director of City Waters (Wally Potts)
Taumata Kahawai Governance Group
Tauranga Moana Advisory Group
Mount Air Quality Working Group
Local Government New Zealand – Zone 2 representative

DISCUSSION

2. Section 41A of the Local Government Act 2002 (LGA) provides for the Mayor to establish committees of Council and to appoint the chairperson of each committee. This report is formal notification that Mayor Drysdale has exercised this power. The Mayor consulted with elected members prior to exercising this power.

3. The new committee structure is outlined in the Governance Structure Terms of Reference Manual (Attachment 1).

4. This report also addresses joint committees and appointments to external organisations.

5. The Mayor will present the appointment of councillors to the various committees and organisations at the meeting.

6. The contracts of the four external members of the Regulatory Hearings Panel expired on 30 June 2024. There are operational demands for the Panel to meet and as such the reappointment of the existing panel is recommended in the short-term.

Resolution of previous council

7. On 11 June 2024, the Strategy, Finance and Risk Committee constituted under the previous council passed the following series of resolutions:

Committee Resolution SFR4/24/1

Moved: Commissioner Bill Wasley

Seconded: Dr Wayne Beilby

That the Strategy, Finance and Risk Committee:

(a) Receives the report "Appointed members of Committee".

(b) Recommends to the incoming Council when it develops and establishes its committee structure to take into account the following:

(i) That Tangata Whenua representatives, recommended by Te Rangapū Mana Whenua o Tauranga Moana and based on relevant skills and experience, be appointed to future Council committees as voting members to continue to provide value from a mana whenua perspective and enable opportunities for Māori to contribute to decision-making.

(ii) That independent membership with financial and audit expertise be appointed to the relevant committee as a voting member.

(iii) That the Chair of Te Rangapū Mana Whenua o Tauranga Moana be appointed as a member to the relevant committee to maintain the ongoing relationship.

(iv) That consideration is given to having a number of external members on the committee with a range of expertise relevant to the role and purpose of the committee.

Carried

8. These resolutions were provided to the Mayor prior to the preparation of this report, and are provided to Council for its information.

9. Council’s relationship with mana whenua is critical to the future of the city. Council has a number of valuable existing formal relationships with mana whenua. These include the Tangata Whenua / Tauranga City Council Committee, Te Rangapū Mana Whenua o Tauranga Moana Partnership, the Kaumātua Forum, and subject-specific committees or other bodies covering a range of topics (including, but not limited to, Mauao, Te Manawataki o Te Papa, the Waiāri water supply, wastewater management, and the Southern Pipeline).

10. The Governance Structure attached to this report intends the continuation of all of these committees, groups and forms.

11. The newly-elected council will need time to establish and implement its committee structure and to understand where, if at all, there are collective gaps in skills, experience or knowledge of the membership of individual committees. Any consideration of appointing mana whenua members to Council’s standing committees will occur, in consultation with Te Rangapū Mana Whenua o Tauranga Moana Partnership, once that understanding is gained.

Tauranga Public Transport Joint Committee

12. At its meeting on 4 June 2024, the Tauranga Public Transport Joint Committee (“the TPT Joint Committee”) considered a report recommending changes to the structure, functions and terms of reference for that committee, together with associated amendments to the terms of reference for the Public Transport Committee.

13. After consideration of that report, the TPT Joint Committee endorsed a revised terms of reference for the renamed “Tauranga/Western Bay of Plenty Joint Transport Committee” and referred those revised terms of reference to each Council (Tauranga City Council and Bay of Plenty Regional Council) and The New Zealand Transport Agency (NZTA) for consideration.

14. At its meeting on 10 June 2024, Council resolved that it:

Approves the recommendations from Tauranga Public Transport Joint Committee regarding the revised Term of Reference as set out in Attachment 1 and refers to the incoming Council for their endorsement.

15. In accordance with the above resolution, this matter will be brought to the appropriate new committee for endorsement once the committee structure is finalised.

16. At the time of writing the Bay of Plenty Regional Council had not considered the recommendation from the TPT Joint Committee.

17. Because all Tauranga City Council and Bay of Plenty Regional Council processes have not been completed to effect the proposed change to the name and terms of reference of the TPT Joint Committee, Attachment 1 to this report references the current adopted terms of reference prior to the recommended changes.

18. For Council’s information, the proposed revised terms of reference for the renamed TPT Joint Committee are included as Attachment 2 to this report, together with the consequential proposed changes to the Regional Public Transport Committee.

Statutory Context

19. Section 41A of the Local Government Act 2002 (LGA) allows the Mayor to establish committees of Council, and to appoint the chairperson of each committee.

20. In accordance with the LGA, a committee includes:

· a committee comprising all the members of that local authority,

· a standing committee or special committee appointed by that local authority,

· a joint committee appointed under clause 30 of Schedule 7, and

· any subcommittee of a committee.

21. The new committee structure is outlined in the Governance Structure (Attachment 1). The standing committees for 2024-2028 include:

· Vision, Planning and Growth

· Project Planning and Monitoring

· Community, Transparency and Engagement

· Accountability, Performance and Finance

· Audit and Risk

· Tangata Whenua / Tauranga City Council

· District Licensing Committee.

22. The Mayor is a member of every committee (including standing, special, joint and subcommittees) of Tauranga City Council pursuant to section 41A(5) LGA, with the exception of the Regulatory Hearings Panel, being a quasi-judicial body.

23. The establishment of the District Licensing Committee is in accordance with clause 30(1)(a) of Schedule 7 of the LGA and section 186 of the Sale and Supply of Alcohol Act 2012. This committee is responsible for approving applications under the Sale and Supply of Alcohol Act 2012. Independent Commissioners have been appointed by Council and are reviewed as required.

Attachments

1. Governance Structure and Terms of Reference 2024-2028 - A16261682 ⇩

2. Recommended TPTJC Structre and Functions - A16008610 ⇩

Ordinary Council meeting Agenda

15 August 2024

11.4 Remuneration for elected members

File Number: A16243440

Author: Coral Hair, Manager: Democracy and Governance Services

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. This report seeks approval from the Council for the allocation of the remuneration pool for Councillors based on the governance structure.

Recommendations

That the Council:

(a) Receives the report "Remuneration for elected members".

(b) Allocates the councillors remuneration pool of $1,242,581 for submission to the Remuneration Authority as follows:

i) Councillors with no additional responsibilities $xxx

and

ii) Positions with additional responsibilities

- Deputy Mayor position of responsibility $xxx

- Chairperson position of responsibility $xxx

- Deputy chairperson position of responsibility $xxx

- Other position of responsibility $xxx

Executive Summary

2. The Remuneration Authority (the Authority) requires the Council to recommend the allocation of the remuneration pool for councillors and those with positions of additional responsibility. The report presents an option as an example of a flat remuneration structure.

3. The Mayor will table an option at the meeting for consideration by members.

4. The report does not make a recommendation on how to allocate the pool as this is a decision for the elected members to make.

5. The total amount of the remuneration pool set by the Authority and the reduction in councillor numbers in this term makes it possible for the Council to compensate councillors with increased remuneration regardless of the option chosen.

Background

6. The Authority is an independent body set up by Central Government to set out a process and approve the remuneration of key office holders like Members of Parliament and local government elected members. The Authority sets a remuneration pool for the Council to distribute. The Council has a pool of $1,242,581 per annum and needs to decide:

· Proposed remuneration for councillors with no additional responsibilities

· Positions which will have additional responsibilities e.g. deputy mayor, committee chairperson, committee deputy chairperson

· Proposed additional remuneration for each position with additional responsibilities.

7. The Authority has set a minimum allowable remuneration for councillors at $87,695. The Authority indicated that it would expect the base remuneration for councillors to increase but the Council cannot set it any lower.

8. The pool does not apply to the Mayor, as their remuneration is set by the Authority at $179,316 and sits outside the pool.

9. The pool does not apply to non-elected people who are appointed to be members or chairpersons of council committees. Their remuneration is set by the Council.

10. The remuneration must align with the governance structure for the 2024-28 term.

11. Each member is entitled to one payment for additional responsibilities. Consequently, if a Councillor is undertaking two roles, they will get paid the additional remuneration for the higher paying role only.

12. If the Council changes the governance structure during the term and the number of chairpersons and deputy chairpersons change as a result the Council can propose a new remuneration structure to the Authority for their approval.

Statutory Context

13. The Authority determines local government elected members remuneration under Clause 6 of Schedule 7 of the Local Government Act 2002 and the Remuneration Authority Act 1977. The Council is required to distribute the remuneration pool set by the Authority for Councillors and those with additional positions of responsibility.

14. The remuneration of mayors, the minimum allowable remuneration for councillors (Part 2) and the governance pool for distribution among councillors (Table 2 in the explanatory memorandum) is set by the Authority in the Local Government Members (2024/25) Determination.

15. The Authority will issue a determination that includes the new remuneration recommended by the Council. The Council will need to wait until the determination is published in the New Zealand Gazette before it can pay the new remuneration rates, however these are backdated.

STRATEGIC ALIGNMENT

16. This contributes to the promotion or achievement of the following strategic community outcome(s):

	Contributes
We are an inclusive city	ü
We value, protect and enhance the environment	☐
We are a well-planned city	ü
We can move around our city easily	☐
We are a city that supports business and education	☐

17. The purpose of local government is to enable democratic local decision making and action, by, and on behalf of communities. The Authority considers a range of factors when determining the remuneration for elected members to attract people with the capacity to lead and govern at a local level. One of these factors is “the existence of a remuneration system that enables people from all sectors of the community to commit time and effort necessary to fulfil their responsibilities as elected members without being unduly disadvantaged.”

Options Analysis

Option 1 – flat remuneration structure

18. Option 1 is an example of a flat remuneration structure with a distinction between the Deputy Mayor only with all other councillors remunerated at the same rate for their additional responsibilities. There is no distinction between the chairperson and a deputy chairperson.

19. Option 1 is set out in attachment 1.

20. In this option the base Councillor remuneration would increase from $87,695 to $110,000.

21. This option recognises the additional responsibilities of the Deputy Mayor role which includes:

(a) Performing the duties and responsibilities of the Mayor with the consent of the Mayor during their absence or without the Mayor’s consent if they are prevented by illness from undertaking their duties, or if there is a vacancy in the Office of the Mayor.

(b) Deputies for the Mayor when the Mayor has competing commitments which includes chairing Council meetings, attending joint committee meetings, addressing the media and representing the Mayor at civic events.

(c) Assists the Mayor and works closely with Councillors to ensure the smooth-running of the Council’s decision-making processes.

22. This option sets the remuneration of a Chairperson of a Committee or a Deputy Chairperson of a Committee at the same level. This recognises the additional responsibilities for a chairperson which include:

(a) Preparing for Committee meetings including attending pre-agenda meetings.

(b) Chairing all meetings of their committee.

(d) Spokesperson for the Council on relevant committee subject areas.

23. This option recognises the additional responsibilities of the Deputy Chairperson role which include but also acknowledges the deputising role.

(a) Preparing for Committee meetings including attending pre-agenda meetings.

(b) In the absence of the Chairperson, chairing all meetings of their committee.

(d) In the absence of the Chairperson, being spokesperson for the Council on relevant committee subject areas.

24. Option 1 reflects that all Councillors are equally responsible for the decisions of the Council and this option would promote greater equity among all Councillors, regardless of their positions of additional responsibility.

25. This option places greater emphasis on recognising the role of councillors who have collective responsibilities including:

(a) Council policy decisions that guide the activities and provide direction for the city’s future

(b) Monitoring the performance of the Council against its stated objectives and policies

(d) Representing the interests of the residents and ratepayers of Tauranga City

(e) Ensuring overall compliance by the Council with its obligations and responsibilities

(f) Employment and appraisal of the Chief Executive’s performance

OTHER OPTIONS

26. The Council can allocate the pool in any way it wants, although the Authority will review the Council’s recommendation and if it appears unbalanced, they will take a closer look and, if necessary, discuss the recommendation with the Council.

27. Previous councils have recognised the additional work undertaken by Deputy Mayors, Chairs, and Deputy Chairs of Committees, and proposed an increased percentage to the relevant members’ remuneration for these roles. This is a common approach to setting remuneration across the local government sector.

Financial Considerations

28. The increase in the remuneration pool has been provided for in budgets.

Legal Implications / Risks

29. The Council is required to allocate the entire remuneration pool set by the Authority. There is no risk associated with this process.

TE AO MĀORI APPROACH

30. Decisions on elected members’ remuneration are not directly impacted by the Te Ao Māori approach.

CLIMATE IMPACT

31. Decisions on elected members’ remuneration are not directly related to climate change impact.

Significance

32. 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.

33. 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.

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

ENGAGEMENT

35. 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

36. A recommendation from the Council will go to the Authority for approval.

37. The Councillors will continue to receive a minimum allowable remuneration until the determination has been gazetted. All councillors will receive the councillor’s remuneration from the day after the final results were publicly notified (24 July 2024). The remuneration for the positions of responsibility will take effect from the date of appointment i.e. Deputy Mayor (2 August 2024) and chairs and deputy chairs (15 August 2024).

Attachments

1. Option 1 - example of allocation of remuneration pool with flat structure - A16283009 ⇩

Ordinary Council meeting Agenda

15 August 2024

11.5 Elected Members' Expenses and Resources Policy

File Number: A16212322

Author: Jane Barnett, Policy Analyst

Coral Hair, Manager: Democracy and Governance Services

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

Purpose of the Report

1. To adopt the Elected Members’ Expenses and Resources Policy 2024

Recommendations

That the Council:

(a) Receives the report "Elected Members' Expenses and Resources Policy".

(b) Adopts Tauranga City Council’s Elected Members’ Expenses and Resources Policy 2024 (Attachment One) to take effect immediately.

Executive Summary

2. Each electoral term, Council reviews and adopts an Elected Members’ Expenses and Resources Policy. This policy provides the rules for elected members’ reimbursement for expenses they incur while on council business and payment of allowances.

3. The policy was considered by previous elected members to be working well and therefore only minor matters have been identified for consideration or change.

4. The recommended policy (Attachment One) includes new section on public transport options for elected members, provision for a media subscription and aligns hearings fees with the Remuneration Authority Determination and sets out the requirements under the Local Government Act 2002^{^[1]} for registering gifts received by elected members.

Background

5. The Authority allows for elected members to receive the following allowances while undertaking their duties:

· mileage (vehicle-kilometre allowance) travel time

· information communications and technology (ICT)

· childcare.

6. Allowances limits are reviewed annually by the authority and set out in the latest Local Government Members Determination (Determination) (Attachment Two).

7. All allowances are at the discretion of Council, within the limits set by the Authority.

8. The Authority also sets fees to be paid to elected members who act as a chairperson or member on hearings (defined in section 5 of the Local Government Members (2024/25) Determination).

9. Each electoral term, the Authority requires councils to adopt an elected members’ expenses policy. Council does not need the Authority’s approval for changes to the policy, provided their policy remains within the limits set by the Authority.

10. The current policy was considered by the previous democratically elected council to be working well. Staff have reviewed the policy and identified some areas of potential clarification and some matters for specific consideration by Council.

11. The current policy provides for:

· ICT expenses to the level set out in the Determination, where the equipment is not provided by the council;

· a contribution to childcare allowances to be paid when a member is engaged on council business up to the level set out in the Determination (there are criteria around who is providing childcare and these are included in the policy); and

· mileage for travel on council business outside of the city’s boundaries (the mileage amount is set in the Determination.

Statutory Context

12. The Authority requires Council to include all approved allowances for their elected members in an expenses policy and publish this on its website.

Options Analysis

13. The main proposed changes to the policy are set out in the table below. Minor amendments are also proposed to be made to the policy to improve clarity and make corrections.

Proposed Change	Reason for Change
Inclusion of public transport travel section	To promote the use of public transport.
Provision for media subscription	To provide access to news content and analysis
Changes to fees for hearings	To align with the current Local Government Members Determination.
Changes to the receipt of gifts	To align with the pecuniary interest requirements in section 54F (1) (b) Local Government Act 2002.

Vehicle kilometre allowance

14. Council’s policy (last adopted in 2020) includes provision for mileage only when this is outside of the city’s boundaries. However, the Determination does provide for members’ to receive mileage when undertaking council business within the city’s boundaries.

15. Council has the option of changing the policy to extend mileage payment to council business within the city boundaries.

Travel time allowance

16. While the Authority allows for local authorities to pay elected members (other than a mayor or a regional council chairperson) an allowance for eligible travel time after the first hour, the current policy does not provide for this.

17. The Council has the option of keeping the current policy or reviewing and amending the policy.

18. Attachment One sets out the recommended changes to the 2020 Elected Members’ Expenses and Resources Policy. There are no recommendations to amend mileage and travel time as this is a decision for elected members.

19. When making decisions on Council’s position on expenses for elected members the following factors require consideration:

· balancing the demands of elected member roles with the remuneration provided by the Authority;

· overall affordability to council; and

· the potential allowances and expense reimbursement may make in encouraging diversity in local government election candidates.

20. Allowing mileage to be claimed for travel within the city’s boundaries and providing an allowance for travel time may make the role of an elected member more affordable. The disadvantages are the community perception risks and that these changes have not be budgeted for.

Financial Considerations

21. The financial implications for the proposed policy are covered within existing budgets.

Legal Implications / Risks

22. The expenditure that is subject to this policy is sensitive expenditure. The policy needs to withstand community scrutiny.

23. Each member’s expenses are provided to the community on the council’s website and audited annually by Audit New Zealand.

24. There are no identified legal implications with the proposed changes to the policy.

TE AO MĀORI APPROACH

25. Decisions on elected members’ expenses are not directly impacted by the Te Ao Māori approach.

CLIMATE IMPACT

26. The proposed changes to the policy support the use of public transport including micro mobility vehicles (such as ebikes and escooters).

27. While there are cost efficiency reasons for this, it also demonstrates climate impact awareness and aligns with Council’s commitment to reduce emissions.

Significance

28. 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.

29. 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.

30. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the decision is of low significance given it is an administrative matter.

ENGAGEMENT

31. 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

32. The approved policy will be made available on the Council website.

Attachments

1. Draft Elected Members' Expenses and Resources Policy 2024 - A16237779 ⇩

2. Attachement Two - Expenses section of the 2024 Local Government Members Determination - A16284428 ⇩

Ordinary Council meeting Agenda

15 August 2024

11.6 Appointment of the Chair to the Board of Te Manawataki o Te Papa Charitable Trust

File Number: A16210986

Author: Caroline Lim, CCO Specialist

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

Purpose of the Report

1. To make decisions regarding the appointment of the Chair to the Board of Te Manawataki o Te Papa Charitable Trust.

Recommendations

That the Council:

(a) Receives the report "Appointment of the Chair to the Board of Te Manawataki o Te Papa Charitable Trust".

(b) Appoints the Tauranga City Council Mayor, Mahé Drysdale, or his nominee, as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust for his term of office, effective immediately.

(c) Notes (in accordance with s80 of the Local Government Act 2002) that, while the process for appointing the Chair is inconsistent with Council’s Appointment of Directors to Council Organisations Policy, the extenuating circumstances of the Te Manawataki o Te Papa Charitable Trust’s Trust Deed provide sufficient rationale for this inconsistency. There is no intention to amend the Appointment Policy to accommodate this particular decision.

Executive Summary

2. Clauses 4.1 and 4.2 of the Second Schedule to the Te Manawataki o Te Papa Charitable Trust’s Trust Deed outlines the Appointment of Trustees and Special Trust Advisers.

3. The Trust Deed states that “Council shall have the power, exercisable by deed, to appoint up to two persons as Trustees who shall, where Council considers it to be practicable, be the Mayor and Chief Executive.”

4. It also states that the “Otamataha Trust shall have the power, exercisable by deed, to appoint up to two persons as Trustees.”

5. This report seeks approval to appoint the Tauranga City Council Mayor, Mahé Drysdale – or his nominee where practicable – as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust, until such time as he has completed his term of office, effective immediately.

Background

6. In October 2022, Tauranga City Council established a new council-controlled organisation (CCO) with the Otamataha Trust, following consultation with mana whenua and the community.

7. The purpose of the CCO is to own the land referred to as Site A of the Te Manawataki o Te Papa Civic Precinct, to restore mana of the whenua to hapū and iwi, and to provide certainty for the future development and use of the land to the community so everyone benefits.

8. Otamataha Trust represents mana whenua from Ngāi Tamarāwaho, Ngāti Tapu and Te Materāwaho – direct descendants of those who originally released the land to the Church Missionary Society in 1838.

9. Site A is bounded by Willow Street, Wharf Street, Durham Street, and Hamilton Street. This land is culturally significant to mana whenua represented by the Otamataha Trust.

10. As part of the arrangement, the land was transferred to the CCO for a nominal sale price of $1.00 and subject to a perpetual peppercorn ground lease back to Council. Council retains ownership of any improvements on the land, and is entitled to develop and construct further improvements on the land. This ownership structure is thought to be the first of its kind in the country.

11. Tauranga City Council obtained preliminary advice from Charities Services that it would be possible to settle a Charitable Trust for the proposed structure, subject to certain criteria being met for registration.

12. This included the careful drafting of the Trust Deed to ensure charitable purposes are clearly defined, that other criteria for registration as a Charitable Trust are met, and that the CCO is jointly governed by Council and Otamataha Trust, who are each responsible for appointing up to 50 percent of the trustees of the Trust.

13. The CCO Charitable Trust set up between Council and Otamataha Trust – Te Manawataki o Te Papa Charitable Trust – is a CCO operating within the powers conferred by its Trust Deed.

14. Clauses 4.1 and 4.2 of the Second Schedule to the Trust Deed outlines the Appointment of Trustees and Special Trust Advisers:

The Trust Deed states that “Council shall have the power, exercisable by deed, to appoint up to two persons as Trustees who shall, where Council considers it to be practicable, be the Mayor and Chief Executive.”

15. It also states that:

“Otamataha Trust shall have the power, exercisable by deed, to appoint up to two persons as Trustees.”

Statutory Context

16. Appointment of effective board members to CCOs, is one of Council’s core responsibilities.

17. Council appoints trustees to CCOs under Tauranga City Council’s Appointment of Directors to Council Organisations Policy.

STRATEGIC ALIGNMENT

18. The Council appointment of Mayor Mahé Drysdale as Chair to the Board of Te Manawataki o Te Papa Charitable Trust will enable Council to continue to work in partnership with mana whenua and our community, to actively reflect Tauranga’s culture and history throughout the city.

19. The Council appointment will also ensure the planning and development of our city incorporates the fundamental principles of inclusiveness, including equity, accessibility and diversity.

	Contributes
We are an inclusive city	ü
We value, protect and enhance the environment	☐
We are a well-planned city	☐
We can move around our city easily	☐
We are a city that supports business and education	☐

Options Analysis

Option 1: Approve the appointment of Mayor Mahé Drysdale as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust – RECOMMENDED

20. Council approves the appointment of Mayor Mahé Drysdale as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust, or his nominee where practicable, for the term of his respective appointment in his substantive role.

Advantages

Disadvantages

· Aligns with the original purpose of enabling co-ownership of the land with the Otamataha Trust, which goes a long way toward righting the wrongs of the past, and providing certainty for how the land will be owned and used in the future, so that everyone in the community can benefit.

· Because of the significance of this piece of land, it is appropriate that the leaders of both Tauranga City Council and the Otamataha Trust are jointly and collaboratively involved in the decision making, rather than other trustees appointed in the usual manner as per the Appointment Policy.

· Provides an opportunity to keep building the relationship between Tauranga City Council and the Otamataha Trust since the CCO was established in late 2022, following the appointment of trustee/s from the Trust.

· Also, the Council appointment provides an opportunity to keep bringing in significant experience in the delivery of community outcomes.

· See legal implications / risks section below.

Option 2: Do not approve the appointment of Mayor Mahé Drysdale as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust – NOT RECOMMENDED

21. Council does not approve the appointment of Mayor Mahé Drysdale as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust, or his nominee where practicable, for the term of his respective appointment in his substantive role. Instead, trustees would be appointed in the usual manner, as per the Appointment of Directors to Council Organisations Policy.

Advantages

Disadvantages

· Trustees would be appointed in the usual manner per the Appointment Policy.

· Maintains some independence by appointing trustees with the specific skills and experience required to govern Te Manawataki o Te Papa Charitable Trust.

· Provides less alignment with the original purpose of enabling co-ownership of the land with Otamataha Trust and provides less certainty for how the land will be owned and used in the future, so that everyone in the community can benefit.

· The leaders of Tauranga City Council and the Otamataha Trust would not be jointly and collaboratively involved in the decision making.

· Does not provide an opportunity to keep building the relationship between Tauranga City Council and the Otamataha Trust since the CCO was established in late 2022, following the appointment of trustee/s from the Trust.

Financial Considerations

22. Clause 4.10 of the Appointment Policy outlines the requirements for remuneration and indemnification of directors:

“In exceptional circumstances, where elected members and Council employees may have been appointed as directors of a CCO, they will not be remunerated for that role unless provided for by specific Council resolution.”

23. Mayor Mahé Drysdale will not receive any remuneration as the Chair to the Board of Te Manawataki o Te Papa Charitable Trust.

Legal Implications / Risks

24. Directors appointed by Council will be required to follow the provisions of the New Zealand Institute of Directors’ Code of Ethics and of Council’s Code of Conduct for Directors Appointed by Council to Council Organisations.

25. Council supports the payments by CCOs of directors’ liability insurance and the indemnification of directors.

Requirements of the LGA and Appointments Policy

26. Section 80 of the Local Government Act 2002 specifies that:

If a decision of a local authority is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy adopted by the local authority…the local authority must, when making the decision, clearly identify:

a) the inconsistency; and

b) the reasons for the inconsistency; and

c) any intention of the local authority to amend the policy or plan to accommodate the decision.

Council’s resolution to make these appointments includes a resolution (c), detailing the matters in section 80(1), thus satisfying this requirement.

27. This decision is inconsistent with the Appointment of Directors to Council Organisations Policy in the following ways:

(a) Clause 4.3 of the Appointment Policy states that elected members of Tauranga City Council are not eligible to be considered as candidates for director positions on CCO boards, other than in exceptional circumstances. It is suggested that the extenuating circumstances of establishing Te Manawataki o Te Papa Charitable Trust between Council and the Otamataha Trust in 2022, and the Charitable Trust’s Trust Deed, provides sufficient rationale for this inconsistency.

(b) The principles of Council’s Appointment Policy (clause 2) recognise that directors of council organisations should be appointed “through a formal, objective and transparent process”, and there is some risk of a community perception that this is not the case. It is considered that the significant advantages (outlined in option 1 above) outweigh the risks in this instance.

(c) While the proposed appointment terms are inconsistent with the policy’s appointment terms of one, two or three years, because the Mayor is to be appointed to the role of Chair in his capacity as an elected Mayor, and until such time as his respective term of office ends, it is considered appropriate in this instance.

(d) The Appointment Policy also outlines the process for the appointment of a director (clause 4.4) and chair (clause 4.7), which involves approving the list of skills, knowledge and experience required, establishing an appointment panel, and advertising the position. In this instance, the process for the appointment will be inconsistent with Council’s policy. Again, it is considered that the advantages (outlined in Option 1 above) outweigh the risks in this instance.

TE AO MĀORI APPROACH

28. The appointment will support the partnerships and projects of the Te Manawataki o Te Papa civic precinct between Council and mana whenua, as we work together to restore trust and confidence, and to ensure that Tauranga’s culture and history are well understood, embraced, and celebrated.

CLIMATE IMPACT

29. The matters addressed in this report are of a procedural nature and there is no need to consider the climate change impacts.

Significance

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

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

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

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

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

Consultation / Engagement

32. It is not required or appropriate to consult on CCO board appointments under the Local Government Act.

ENGAGEMENT

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

Click here to view the TCC Significance and Engagement Policy

Next Steps

34. Meeting resolutions will be made available to Te Manawataki o Te Papa Charitable Trust.

35. The Mayor will be invited to Chair future meetings of the Trust, which are held six monthly.

Attachments

Nil

Ordinary Council meeting Agenda

15 August 2024

11.7 Meetings schedule August-December 2024

File Number: A16243442

Author: Coral Hair, Manager: Democracy and Governance Services

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

Purpose of the Report

1. This report confirms the council and committee meeting dates for the rest of the year. This provides certainty for the elected members, external appointees and staff and transparency to the public and media on when meetings will be held and gives effect to the governance structure adopted at today’s meeting.

Recommendations

That the Council:

(a) Receives the report "Meetings schedule August-December 2024".

(b) Adopts the meetings schedule for the period August-December 2024 as set out in Attachment 1.

Executive Summary

2. The Council can adopt a schedule of meetings that covers any future period. It is recommended that the Council adopts a meeting schedule for the period August-December 2024. This will provide certainty to elected members, external appointees and staff and transparency to the public and media on when meetings will be held and gives effect to the governance structure adopted at today’s meeting.

Background

3. Attachment 1 sets out the meetings schedule for August-December 2024 based on the governance structure and a five weekly meetings cycle.

4. Dates for joint committee meetings are co-ordinated with the Bay of Plenty Regional Council, the Western Bay of Plenty District Council, and other councils in the Bay of Plenty. The dates for 2024 have been set and are included in the meetings schedule.

5. The Local Government New Zealand Conference, Zone 2 and Metro meeting dates are included in the schedule.

Statutory Context

6. Clause 19(6) of Schedule 7 of the Local Government Act 2002 provides for the Council to adopt a meeting schedule to cover any future period.

Options Analysis

Option 1 – Adopt the meetings schedule for August-December 2024 (preferred option)

7. The Council has the option of adopting a meetings schedule for the period August-December 2024.

8. This option enables the elected members, external appointees, staff, media and the public to know when meetings are scheduled which provides for openness and transparency.

9. It is recommended that the period August-December 2024 is the favoured time period to provide certainty from now to the end of the year. A meetings schedule for 2025 will be developed and recommended to a later council meeting and will include joint meetings with other councils (these dates have yet to be decided). For these reasons this option is preferred.

Option 2 – Adopt a meetings schedule for a different time period

10. The Council has the option of adopting a meetings schedule for a different time period; for example, to include a meetings schedule for 2025.

11. This option would still provide for certainty; however, joint meetings have not been set and the Council may wish to review meeting dates and times after four months. For these reasons this option is not recommended.

Financial Considerations

12. There are no financial considerations to adopting a meetings schedule.

Legal Implications / Risks

13. The legislation provides for the adoption of a schedule of meetings.

Significance

14. 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.

15. 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.

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

ENGAGEMENT

17. 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

18. Meetings schedule to be available on the Council’s website.

19. Calendar requests will be sent out to elected members, any external committee members and relevant staff.

Attachments

1. Draft meetings schedule August-December 2024 - A16280892 ⇩

[1] The Local Government (Pecuniary Interests Register) Amendment Act 2022


AGENDA Ordinary Council meeting Thursday, 15 August 2024
I hereby give notice that an Ordinary meeting of Council will be held on:
Date:	Thursday, 15 August 2024
Time:	9.30am
Location:	Tauranga City Council Ground Floor Meeting Rooms 1 & 1b 306 Cameron Road Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive