Terms of reference – Council
Membership
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Chair
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Mayor
Mahé Drysdale
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Deputy Chair
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Members
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Quorum
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Half of the members
present, where the number of members (including vacancies) is even;
and a majority of the members present, where the number of members
(including vacancies) is odd.
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Meeting frequency
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Three weekly or as required
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Role
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To ensure the effective and efficient governance
of the City.
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To enable leadership of the City including
advocacy and facilitation on behalf of the community.
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To review and monitor the performance of the
Chief Executive.
Scope
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Oversee the work of all committees and
subcommittees.
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Exercise all non-delegable and non-delegated
functions and powers of the Council.
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The powers Council is legally prohibited from
delegating include:
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Power to make a rate.
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Power to make a bylaw.
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Power to borrow money, or purchase or dispose of
assets, other than in accordance with the long-term plan.
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Power to adopt a long-term plan, annual plan, or
annual report
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Power to appoint a chief executive.
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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.
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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).
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Council has chosen not to delegate the
following:
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Power to compulsorily acquire land under the
Public Works Act 1981.
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Make those decisions which are required by legislation
to be made by resolution of the local authority.
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Authorise all expenditure not delegated to
officers, Committees or other subordinate decision‑making bodies of
Council.
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Make appointments of members to the council-controlled
organisation Boards of Directors/Trustees and representatives of Council to
external organisations.
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Undertake statutory duties in regard to
Council-controlled organisations, including reviewing statements of intent,
with the exception of the Local Government Funding Agency where such roles are
delegated to the City Delivery Committee. (Note that monitoring of all
Council-controlled organisations’ performance is undertaken by the City
Delivery Committee. This also includes Priority One reporting.)
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Consider all matters related to Local Water Done
Well.
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Consider any matters referred from any of the
Standing or Special Committees, Joint Committees, Chief Executive or General
Managers.
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Review and monitor the Chief Executive’s
performance.
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Develop Long Term Plans and Annual Plans
including hearings, deliberations and adoption.
Procedural matters
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Delegation of Council powers to Council’s
committees and other subordinate decision-making bodies.
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Adoption of Standing Orders.
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Receipt of Joint Committee minutes.
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Approval of Special Orders.
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Employment of Chief Executive.
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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).
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Ordinary Council meeting Agenda
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22 July 2025
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1 Opening
karakia
2 Apologies
3 Declaration of conflicts of interest
4 Business
4.1 Submissions
on Phase 2 of the Resource Management Reforms - National Direction
File
Number: A18389836
Author: Janine
Speedy, Team Leader: City Planning
Authoriser: Christine
Jones, General Manager: Strategy, Growth & Governance
Purpose of the Report
1. The purpose of this
report is to seek approval for Tauranga City Council (Council) to make
submissions regarding Phase 2 of the Resource Management Reforms –
National Direction.
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Recommendations
That the Council:
(a) Receives the report
"Submissions on Phase 2 of the Resource Management Reforms - National
Direction".
(b) Endorses the following
submissions to central Government on Phase 2 of the Resource Management
Reforms - National Direction:
(i) Submission on Package
1: Infrastructure and Development (Attachment 1)
(ii) Submission on Package 2:
Primary Sector (Attachment 2)
(iii) Submission on Package 3:
Freshwater (Attachment 3)
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Executive Summary
2. On 29 May 2025,
central Government released three packages proposing new and amended national
policy statement and national environmental standards as part of Phase 2 of the
resource management reforms.
3. Central Government
is seeking feedback on the following three packages:
(a) Package 1: Infrastructure and
development
(b) Package 2: Primary sector
(c) Package 3: Freshwater
4. Submissions on the
three packages close on Sunday 27 July 2025.
5. Staff
have prepared draft submissions on each package for consideration, which
generally supports the proposed amendments, included as Attachments 1-3. The
draft submissions also set out specific points to seek clarity on some matters
and proposes amendments to improve efficiency and effectiveness, and ensure
that adverse effects are appropriately considered.
6. Package
4: Going for housing growth was released on 29 May 2025. The draft submission
for Package 4 will be considered separately.
Background
7. The
Government is taking a phased approach to reforming the resource management
system as follows:
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Phase 1
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Repeal the Natural and
Built Environment Act and Spatial Planning Act
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Complete
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Phase 2
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Introduce and pass the
Fast-Track Approvals Bill
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Complete
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Introduce and pass the Resource
Management (Freshwater and Other Matters) Amendment Bill
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Complete
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Introduce and pass the
Resource Management (Consenting and Other System Changes) Amendment
Bill
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Select Committee report
released.
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Amended and new
national policy statements (NPS) and national environmental standards (NES)
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Seeking submissions
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Phase 3
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Repeal and replace the
Resource Management Act based on the enjoyment of private property rights
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Underway
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8. Proposed
amendments and new national policy statements and national environmental
standards known as ‘national direction’ were released for
consultation on 29 May 2025 as part of Phase 2 of the resource management
reforms. Submissions close on Sunday 27 July 2025.
9. Central
government is seeking feedback on the following national direction that is of
relevance to Council:
(a) Package 1: Infrastructure and
development
The proposed changes aim to make
it easier to plan and deliver infrastructure by making new national direction
instruments and amending existing national direction instruments as follows:
- NPS
– Infrastructure (new)
- NPS
- Renewable Electricity Generation (amended)
- NPS
– Electricity Transmission and NES – Electricity Transmission
Activities (amended)
- NPS
– Telecommunications Facilities (amended)
- NES
– Granny Flats (new)
- NES
– Papakāinga (new)
- NPS
– Natural Hazards (new)
(b) Package 2: Primary sector
The
proposed changes aim to enable growth in the primary sector by making changes
to existing national direction instruments as follows:
- New
Zealand Coastal Policy Statement (amended)
- NPS
– Highly Productive Land (amended)
- NES
– Marine Aquaculture (amended)
- NES
– Commercial Forestry (amended)
- Stock
exclusion regulations (amended)
- Amendments
to mining and quarrying (amendments to national direction)
It
is recommended that Council only submit on matters that are within the
functions of territorial authorities and relevant to the Tauranga context.
Subsequently, it is recommended that Council does not submit on the NES –
Marine Aquaculture, NES – Commercial Forestry, stock exclusion
regulations and amendments to mining and quarrying.
(c) Package 3: Freshwater
The Government is seeking feedback
on options to amend freshwater national direction to better reflect the
interests of all water users and whether changes should be implemented under
the existing Resource Management Act 1991 (RMA) or under the new resource
management legislation.
(d) Package 4: Going for housing
growth
10. Each
package requires a separate submission, therefore the draft submission for
packages 1-3 are included as Attachments 1-3.
11. Consultation
on Package 4: Going for Housing Growth opened on 18 June 2025 and closes on 17
August 2025. A separate submission on Package 4 will be prepared and considered
by the City Future Committee on 12 August 2025.
12. The
draft submissions generally support the intent of the new and amended national
direction instruments as proposed. Particular areas of support include:
(a) A consistent policy framework
to support more efficient infrastructure decision-making.
(b) A consenting pathway for
papakāinga and minor residential units, particularly within district plans
that currently do not have any relevant provisions;
(c) Nationally consistent framework
for identifying ‘significant risk from natural hazards’.
(d) Amendments to the New Zealand
Coastal Policy Statement to enable priority activities and provide for their
operational as well as functional needs; and
(e) Amendments to the National
Policy Statement for Highly Productive Plan to unlock urban development
capacity by providing for urban growth on Class 3 soils.
(f) Amendments to the NPS and
NES for freshwater to rebalance freshwater management objectives and Te Mana o
te Wai, simplifying wetland provisions and including mapping requirements for
drinking water sources.
(g) Suggested approach to
implementation across all the national direction instruments. That is, that
councils are not required to advance plan changes within a specific timeframe
to give effect to the national policy statements and that these changes will happen
through Phase 3 of the resource management reform. The national direction
should primarily be implemented through the resource consent processes.
13. However,
the draft submissions also set out a number of specific submission points that
seek to clarify the intent of the national direction or seek minor changes to
improve efficiency and effectiveness. Ensuring that the national direction is
coherent, navigable and achieves the intended purposes through successful
implementation.
14. While
the majority of the submission points relate to improving the proposed new and
amended national direction instruments, there is a theme of submission points
that may be of interest to elected members. A number of submission points for
Package 1: infrastructure and development, seek wording amendments to policies
and rules to ensure that the adverse effects of development are appropriately
considered. There is concern that some of the proposed national policy
statement policies favour the benefits of infrastructure over localised adverse
effects being adequately considered.
Statutory Context
15. Proposed
amendments to and development of new national direction is part of Phase 2 of
the resource management reforms. It is proposed that Council make submissions
on the national direction as the proposed amendments will impact and influence
RMA processes that Council are responsible for, particularly when considering
resource consents.
STRATEGIC ALIGNMENT
16. This
contributes to the promotion or achievement of the following strategic
community outcome(s):
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Contributes
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We are an inclusive city
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☐
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We value, protect and enhance the environment
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ü
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We are a well-planned city
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ü
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We can move around our city easily
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ü
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We are a city that supports business and education
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☐
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17. The
proposed new and amended national direction proposes to provide a clear pathway
to plan and deliver infrastructure and development across the city. The
proposed national direction for feedback also considers how we manage natural
hazards across the city and the management of freshwater.
Financial Considerations
18. There are no financial
considerations associated with this report.
Legal Implications / Risks
19. There are no legal implications
to making submissions on national direction to central Government.
TE AO MĀORI APPROACH
20. An
overview was provided to Te Rangapu Mana Whenua o Tauranga Moana on the
proposed national direction and to seek comments and feedback. Feedback
received in the hui has been reflected in the draft submission for NPS – Papakāinga.
21. Staff
also attended a hui with Te Puna Kōkiri and Māori landowners to
assist tangata whenua interested in making a submission.
CLIMATE IMPACT
22. Central
Government proposed to introduce a new NPS for Natural Hazards. The draft
submission supports a new NPS for natural hazards, however seeks that there is
an explicit requirement to include climate change and that guidance is provided
on the climate change scenarios to be used when modelling natural hazards.
Consultation / Engagement
23. In
preparation of the draft submissions, staff have undertaken internal engagement
with teams involved in resource consents, compliance, natural hazards,
papakainga development and infrastructure to seek input and feedback on the
proposed National Policy Statements and National Environmental Standards. All
feedback has been collated and included in the draft submission.
24. Some
external engagement was undertaken with other councils on the national
direction to identify submission points, which have also been considered as
part of the preparation of the submission.
Significance
25. 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.
26. 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.
27. In
accordance with the considerations above, criteria and thresholds in the
policy, it is considered that the matter is of low significance.
ENGAGEMENT
28. 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
29. Following
endorsement of the submissions included in Attachments 1-3, they will be lodged
with central Government.
30. Staff
will report back to Council once the final national direction is released.
Attachments
1. Submission
on Package 1 - Infrastructure and development - A18457592 ⇩ 
2. Submission
on Package 2 - Primary sector - A18457599 ⇩ 
3. Submission on
Package 3 - Freshwater - A18457603 ⇩
