Agenda of Ordinary Council meeting - Tuesday, 16 December 2025

unconfirmed Ordinary Council meeting minutes

29 October 2025

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DRAFT MINUTES

Ordinary Council meeting

Wednesday, 29 October 2025

Order of Business

1 Opening karakia. 3

2 Apologies. 3

3 Public forum.. 3

3.1 John Heaphy - Department of Conservation. 4

3.2 Anna Wentsch - Western Bay Wildlife Trust 4

4 Acceptance of late items. 4

5 Confidential business to be transferred into the open. 4

6 Change to the order of business. 4

7 Confirmation of minutes. 4

Nil

8 Declaration of conflicts of interest 4

9 Deputations, presentations, petitions. 4

Nil

10 Recommendations from other committees. 5

Nil

11 Business. 5

11.1 Confirmation of Updated Minutes of the Council meeting held on 26 May 2025. 5

11.2 Issues and Options for Dog Management Policy and Bylaw and Keeping of Animals Bylaw Review.. 5

11.4 Street Use and Public Places Bylaw Review - draft bylaw.. 8

11.5 Event Temporary Alcohol-free Areas 2025/2026. 8

11.6 Cambridge Road Closed Landfill Infrastructure Upgrade: Unbudgeted Expenditure. 10

11.7 Status update on actions from prior Council meetings. 11

12 Discussion of late items. 11

13 Public excluded session. 11

13.1 Local Water Done Well - Work Programme and Due Diligence. 12

Confidential Attachment 2 11.7 - Status update on actions from prior Council meetings. . 12

11.3 Adoption of 2024/25 Annual Report 13

14 Closing karakia. 14

MINUTES OF Tauranga City Council

Ordinary Council meeting

HELD AT THE Tauranga City Council Chambers,

Level 1 - 90 Devonport Road, mareanui, Tauranga

ON Wednesday, 29 October 2025 AT 9.30am

MEMBERS PRESENT:	Mayor Mahé Drysdale, Cr Hautapu Baker, Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Marten Rozeboom, Cr Kevin Schuler, Cr Rod Taylor, Cr Hēmi Rolleston
IN ATTENDANCE:	Marty Grenfell (Chief Executive), Christine Jones (General Manager: Strategy, Partnerships & Growth), Sarah Omundsen (General Manager: Regulatory & Community), Reneke van Soest (General Manager: Operations & Infrastructure), Jeremy Boase, (Head of Strategy, Governance & Climate Resilience) Vicky Grant-Ussher, (Policy Analyst) Nigel McGlone, (Manager: Compliance Services) Oscar Glossop, (Team Leader: Animal Services) Emma Joyce (Open Space & Community Facilities Planner), Kathryn Sharplin (Acting COFO – Finance & Digital), Sheree Covell, (Manager: Treasury & Financial Processes), Marin Gabric (Team Leader: Financial Accounting and Compliance), Rachel Burt (Corporate Planner), Jane Barnett, (Policy Analyst) Shawn Geard, (Manager: Transport System Operations), Gregg Steele (Head of City Operations), Hope Lawsen (Team Leader: Waste Operations & Compliance), Clare Sullivan (Senior Governance Advisor), Anahera Dinsdale (Governance Advisor)
EXTERNAL:	Leon Pieterse and Darryl Knoesen, Audit New Zealand

Timestamps are included beside each of the items and relate to the recording of the meeting held on 29 October on the Council's YouTube channel Part 1 and Council's YouTube channel Part 2

1 Opening karakia

Cr Hautapu Baker opened the meeting with a karakia.

2 Apologies

Resolution CO/25/26/1

Moved: Cr Rick Curach

Seconded: Cr Kevin Schuler

That the apology for absence received from Deputy Mayor Jen Scoular be accepted.

Carried

3 Public forum

Timestamp – 4 minutes

3.1 John Heaphy - Department of Conservation

· Mr Heaphy made three points regarding item 11.2, the Issues and Options for Dog Management Policy and Bylaw and Keeping of Animals Bylaw.

· He wanted to see the replacement of the temporary restriction in the area known as “Shark Alley” with a permanent restriction. In his view the temporary restriction was not working as there is other wildlife in that area year-round including seals, burrow-nesting seabirds and penguins. Attacks outside the current temporary restricted period have been recorded.

· Mr Heaphy noted the arrival that High Pathogenicity Avian Influenza (also known as bird flu) would have on local wildlife and encouraged Council to be ready.

· Mr Heaphy sought a clarification of the Waikareao Estuary – its status as a Wildlife Refuge had been in place for 96 years and in his view was a historic anomaly that needed correcting.

3.2 Anna Wentsch - Western Bay Wildlife Trust

· Anna Wentsch supported the points made by John Heaphy. She sought the extension of the current temporary restrictions to prohibit dogs in Shark Alley (the beach area between Moturiki and Mussell Rock), to a year-round permanent restriction in this area and to include a buffer area around the location. This would support Kororā (little blue penguins), the Grey-faced Petrel, and Northern New Zealand Dotterel’s nesting sites. This would remove confusion about when the restriction was in place for.

· Anna noted that bylaws were only good as long as there was enforcement in place. She thanked the public for their help in reporting nesting sites and other conservation efforts.

4 Acceptance of late items

The Mayor noted some attachments to Item 11.3, Adoption of the Annual Report 2024-25, were circulated on Tuesday 28 October 2025.

5 Confidential business to be transferred into the open

Nil

6 Change to the order of business

Nil

7 Confirmation of minutes

Nil

8 Declaration of conflicts of interest

Nil

9 Deputations, presentations, petitions

Nil

10 Recommendations from other committees

Nil

11 Business

Prior to the commencement of the business of the meeting Mayor Mahé Drysdale congratulated all those who were elected to Councils across the country, and acknowledged those who have served their communities, and were not re-elected or chose not to stand, particularly those in the Bay of Plenty Regional Council and Western Bay of Plenty District Council.

Councillor Crowther then acknowledged members of neighbouring Councils including the Bay of Plenty Regional Council, former Chairperson Doug Leeder, Jane Nees, Paula Thompson, Andrew von Dadelszen, Ron Scott, Te Taru White, Lyall Thurston, Kevin Winters, and Toi Iti, Andy Wichers, Anne Henry, Don Thwaites from Western Bay or Plenty District Council and John Scrimgeour (who is now a member of the Regional Council). He also congratulated Nāndor Tānczos the new mayor of Whakatāne District Council and recognised Victor Luca, former Mayor of Whakatāne District Council.

Timestamp – 33 minutes

11.1 Confirmation of Updated Minutes of the Council meeting held on 26 May 2025

Staff Jeremy Boase, Head of Strategy, Governance & Climate Resilience

Resolution CO/25/26/2

Moved: Cr Rod Taylor

Seconded: Cr Rick Curach

That the Council:

(a) Receives the report "Confirmation of updated minutes of the Council meeting held on 26 May 2025".

(b) Confirms the updated minutes (provided as Attachment 1 to the report) as the true and correct record of the Council meeting held on 26 May 2025.

Carried

Timestamp – 39 minutes

11.2 Issues and Options for Dog Management Policy and Bylaw and Keeping of Animals Bylaw Review

Staff Sarah Omundsen, General Manager: Regulatory and Community

Vicky Grant-Ussher, Policy Analyst

Oscar Glossop, Team Leader Animal Control

Emma Joyce, Open Space & Community Facilities Planner

MOVED: Cr Marten Rozeboom

SECONDED: Cr Steve Morris

That the Council:

(a) Receives the report "Issues and Options for Dog Management Policy and Bylaw and Keeping of Animals Bylaw Review".

(b) Provides direction on the following issues for the purpose of developing draft policy and bylaws:

(i) retain existing approach to dog management in public places but review the resourcing of education and enforcement through the LTP (Issue 1: Option C)

(ii) make targeted changes to dog restrictions at public places containing or adjacent to special ecological areas identified as high priority (for example, coastal dunes, and Shark Alley) (Issue 2: Option B)

(iii) require dogs to be on leash in urban city centre spaces (including Red Square, Masonic Park, the waterfront) (Issue 3: Option B)

(iv) require dogs to be on leash on selected shared paths (for example Marine Parade Coastal Pathway, the Beach Road walkway and the Papamoa Shared Path) (Issue 3: Option F)

(v) clarify the definition of play spaces and exercise equipment to include active recreation equipment (for example, skate parks and basketball courts) (Issue 3: Option H)

(vi) prohibit dogs from parks that are fenced for accessibility and inclusion purposes (Issue 3: Option I)

(vii) prohibit dogs in all cemeteries and burial grounds (unless permitted by the cemetery manager) and require dogs to be on leash in heritage reserves where dogs are not otherwise prohibited (Issue 3: Option L)

(viii) does not include bylaw provisions to address issues with cats (Issue 4: Option B)

(ix) add a maximum number of dogs per property (in addition to the current per person limit) (Issue 4: Option C)

(x) add an ability for dog walkers with relevant training to request a licence from Tauranga City Council to walk more than four dogs at a time (Issue 4: Option D)

(xi) reduce the number of poultry that can be kept in the residential zone without a licence to 6. (Issue 4: Option F)

(xii) require a licence to keep poultry other than chickens in the residential zone. (Issue 4: Option G)

(xiii) add a general requirement for those keeping animals in Tauranga to abide by the direction of an authorised officer (Issue 4: Option H)

(c) Notes that draft policy and bylaws will be prepared based on the direction provided and then provided to Council for consideration prior to adoption for consultation early next year.

AN AMENDMENT WAS PROPOSED

MOVED: Cr Rick Curach

SECONDED: Cr Kevin Schuler

That the Council:

Amend recommendation (vii) by adding with an option to consult on adding the words “other than visiting gravesites” after the words “cemetery manager”.

For: Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris and Cr Kevin Schuler

Against: Mayor Mahé Drysdale, Cr Hautapu Baker, Cr Hēmi Rolleston, Cr Marten Rozeboom and Cr Rod Taylor

LOST 4/5

Resolution CO/25/26/3

Moved: Cr Marten Rozeboom

Seconded: Cr Steve Morris

That the Council:

(a) Receives the report "Issues and Options for Dog Management Policy and Bylaw and Keeping of Animals Bylaw Review".

(b) Provides direction on the following issues for the purpose of developing draft policy and bylaws:

(i) retain existing approach to dog management in public places but review the resourcing of education and enforcement through the LTP (Issue 1: Option C)

(iii) require dogs to be on leash in urban city centre spaces (including Red Square, Masonic Park, the waterfront) (Issue 3: Option B)

(iv) require dogs to be on leash on selected shared paths (for example Marine Parade Coastal Pathway, the Beach Road walkway and the Papamoa Shared Path) (Issue 3: Option F)

(v) clarify the definition of play spaces and exercise equipment to include active recreation equipment (for example, skate parks and basketball courts) (Issue 3: Option H)

(vi) prohibit dogs from parks that are fenced for accessibility and inclusion purposes (Issue 3: Option I)

(viii) do not include bylaw provisions to address issues with cats (Issue 4: Option B)

(ix) add a maximum number of dogs per property (in addition to the current per person limit) (Issue 4: Option C)

(x) add an ability for dog walkers with relevant training to request a licence from Tauranga City Council to walk more than four dogs at a time (Issue 4: Option D)

(xi) reduce the number of poultry that can be kept in the residential zone without a licence to 6. (Issue 4: Option F)

(xii) require a licence to keep poultry other than chickens in the residential zone. (Issue 4: Option G)

(xiii) add a general requirement for those keeping animals in Tauranga to abide by the direction of an authorised officer (Issue 4: Option H)

(c) Notes that draft policy and bylaws will be prepared based on the direction provided and then provided to Council for consideration prior to adoption for consultation early next year.

Carried

At 11.00am the meeting adjourned.

At 11.09am the meeting resumed.

Timestamp – 1 hour 41 minutes

11.4 Street Use and Public Places Bylaw Review - draft bylaw

Staff Sarah Omundsen, General Manager: Regulatory & Community

Shawn Geard, Manager: Transport System Operations

Jane Barnett, Policy Analyst

Resolution CO/25/26/4

Moved: Cr Steve Morris

Seconded: Cr Rod Taylor

That the Council:

(a) Receives the report "Street Use and Public Places Bylaw Review - draft bylaw".

(b) Adopts the draft Street Use and Public Places Bylaw (Attachment 1) and Statement of Proposal (Attachment 2) for community consultation.

(c) Resolves, in accordance with section 155 of the Local Government Act 2002 that the Street Use and Public Places Bylaw (Attachment 3):

(i) is the most appropriate way to help protect the community from public nuisance and offensive behaviour, protect public health and safety, and protect council-controlled public places and the environment from misuse

(ii) is the most appropriate form of the bylaw

(iii) is not inconsistent with the New Zealand Bill of Rights Act 1990, noting that any implications are considered reasonable and demonstrably justifiable in a free and democratic society as they are necessary to protect public safety, amenity and the rights or others using public places.

(d) Authorises the General Manager: Regulatory and Community Services to make any necessary minor drafting or presentation changes to the draft Street Use and Public Places bylaw, statement of proposal and related consultation material before consultation.

Carried

Timestamp – 1 hour 50 minutes

11.5 Event Temporary Alcohol-free Areas 2025/2026

Staff Sarah Omundsen, General Manager: Regulatory & Community

Nigel McGlone, Manager: Compliance Services

Resolution CO/25/26/5

Moved: Cr Rick Curach

Seconded: Cr Kevin Schuler

That the Council:

(a) Receives the report "Event temporary alcohol-free areas 2025/2026".

(b) Agrees the proposed temporary alcohol-free areas are appropriate and proportionate, and justified as a reasonable limitation on people’s rights and freedoms.

(c) Resolves under clause 9 of the Alcohol Control Bylaw 2018 to implement temporary alcohol-free areas to support events across Tauranga for the 2025/2026 summer as follows:

Tauranga City Council New Year’s Eve community events and Soper Reserve events as per below table:

Fergusson Park	Fergusson Park including Tilby Drive from the intersection of Tainui Street and Waratah Street (all inclusive) from 10am, 31 December 2025 to 6am, 1 January 2026.
Gordon Spratt Reserve	Gordon Spratt Reserve and Alice Way (all inclusive) and Parton Road (between Tara Road and Papamoa Beach Road) from 10am, 31 December 2025 to 6am, 1 January 2026.
Tauranga Racecourse Reserve	Tauranga Racecourse Reserve from 10am, 31 December 2025 to 6am, 1 January 2026.
Soper Reserve	Soper Reserve and Newton Street (all inclusive) as follows from 6am to midnight on the following dates. · 7 February 2026, postponement date 14 February 2026 (Rockstock Tauranga) · 28 February 2026 (Beast of a Feast) · 21 March 2026 (Tauranga Moana Irish Festival)

Mercury Baypark New Year’s Eve event, covering the streets identified in the table below from 10am, 31 December 2025 to 3am, 1 January 2026.

Girven Road	From Gloucester Road to Maunganui Road
Maunganui Road	From Girven Road to State Highway 2
State Highway 2/Te Maunga Lane	From Maunganui Road to Sandhurst Drive
Te Maunga Lane	All inclusive
Truman Lane	All inclusive
Mangatawa Link Road	All inclusive
State Highway 29A	From Truman Lane to Maunganui Road/Te Maunga Lane (including the roundabouts)
Gloucester Road	From Eversham Road to Girven Road
Eversham Road	All inclusive
Tudor Place	All inclusive
Palliser Place	All inclusive
Harrow Place	All inclusive
Exeter Street	All inclusive
Lambeth Terrace	All inclusive
Dover Place	All inclusive
Weymouth Place	All inclusive
Eversham Road Reserve	All inclusive
Kingsley Place	All inclusive
Penrhyn Place	All inclusive
Ernie Way	All inclusive
Hadleigh Reserve	All inclusive

Bay Oval events, covering Blake Park and the surrounding streets identified below for the following times and dates, 10am to midnight 17 January 2026 for Black Clash, 10am, 31 January 2026 to 1am, 1 February 2026 for FISHER and 10am to midnight on 7 February 2026 for UB40.

Blake Park	All inclusive (Skate Park and overflow carpark)
Hull Road	All inclusive
Maunganui Road	From Tweed Street to Puriri Street
Hinau Street	All inclusive
Miro Street	From Kawaka Street to Puriri Street
Kawaka Street	All inclusive
Totara Street	From Hull Road to Puriri Street
Tawa Street	From Kawaka Street Puriri Street
Matai Street	All inclusive
Puriri Street	All inclusive

Carried

Timestamp –1 hour 52 minutes

11.6 Cambridge Road Closed Landfill Infrastructure Upgrade: Unbudgeted Expenditure

Staff Greg Steele, Head of City Operations

Hope Lawson, Team Leader: Waste Operations & Compliance

Resolution CO/25/26/6

Moved: Cr Rod Taylor

Seconded: Cr Glen Crowther

That the Council:

(a) Receives the report "Cambridge Road Closed Landfill Infrastructure Upgrade: Unbudgeted Expenditure".

(b) Approves unbudgeted capital expenditure of $1,497,085 for the completion of compliance works at 278 Cambridge Road.

Carried

Timestamp – 2 hours 17 minutes

11.7 Status update on actions from prior Council meetings

Resolution CO/25/26/7

Moved: Cr Glen Crowther

Seconded: Cr Kevin Schuler

That the Council:

(a) Receives the report "Status update on actions from prior Council meetings".

(a) Attachment 2 can be transferred into the open when the report that generated this action is released to open.

Carried

12 Discussion of late items

Nil

13 Public excluded session

Resolution to exclude the public

Resolution CO/25/26/8

Moved: Cr Marten Rozeboom

Seconded: Cr Hēmi Rolleston

That the public be excluded from the following parts of the proceedings of this meeting at 11.48 am.

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

13.1 - Local Water Done Well - Work Programme and Due Diligence

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

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

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

Confidential Attachment 2 - 11.7 - Status update on actions from prior Council meetings

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

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

At 11.48 the meeting adjourned.

At 11.50 the meeting resumed in public excluded.

Resolution CO/25/26/9

Moved: Cr Rod Taylor

Seconded: Cr Marten Rozeboom

That the meeting continues in the open at 12.22 pm.

Carried

At 12.23pm the meeting adjourned.

At 1.00pm the meeting resumed in open.

Timestamp – 5 minutes (Part 2)

11.3 Adoption of 2024/25 Annual Report

Staff Kathryn Sharplin, Acting COFO – Finance & Digital

Sheree Covell, Manager: Treasury & Financial Processes

Rachel Burt, Corporate Planner

Marin Gabric, Team Leader: Financial Accounting & Compliance

External Leon Pieterse (Audit New Zealand)

Darryl Knoesen (Audit New Zealand)

Resolution CO/25/26/10

Moved: Mayor Mahé Drysdale

Seconded: Cr Hautapu Baker

That the Council:

(a) Receives the report titled "Adoption of 2024/25 Annual Report".

Carried

Resolution CO/25/26/11

Moved: Mayor Mahé Drysdale

Seconded: Cr Kevin Schuler

That the Council:

(b) Receives the Audit NZ report on Tauranga City Council’s 2024/25 Annual Report.

Carried

Resolution CO/25/26/14

Moved: Mayor Mahé Drysdale

Seconded: Cr Rick Curach

That the Council:

(c) Adopts the audited Tauranga City Council 2024/25 Annual Report, as required under the provisions of the Local Government Act 2002.

(d) Authorises the Chief Executive to make any necessary minor changes to numerical, wording or layout to the 2024/25 Annual Report before final publication.

(e) Receives the audited 2024/25 Annual Report Summary, which uses approved content only and notes that no new content may be introduced in the Summary that is not already included in the full Annual Report.

(f) Receives the 2024/25 Annual Report highlights, which summarises key achievements from the year.

Carried

14 Closing karakia

Cr Hautapu Baker closed the meeting with a karakia.

The meeting closed at 1.35pm

The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 16 December 2025.

Ordinary Council meeting minutes

18 November 2025

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DRAFT MINUTES

Ordinary Council meeting

Tuesday, 18 November 2025

Order of Business

1 Opening karakia. 4

2 Apologies. 5

3 Public forum.. 5

3.2 Greg Clark and Petr Koch - Hawridge Developments re – Wairākei Pump Station. 5

3.1 Nathan York – Bluehaven regarding Wairākei Pump Station report 5

3.6 Spencer Webster 6

4 Acceptance of late items. 6

5 Confidential business to be transferred into the open. 6

6 Change to the order of business. 6

7 Confirmation of minutes. 6

7.1 Minutes of the Council meeting held on 7 October 2025. 6

8 Declaration of conflicts of interest 6

9 Deputations, presentations, petitions. 7

10 Recommendations from other committees. 7

11 Business. 7

11.1 Wairākei Pump Station - Funding Risk. 7

11.2 Elected members' remuneration allocation and expenses policy. 8

11.3 Draft 2026 Council and Committee Meetings Schedule. 9

11.4 Long-term Plan 2027-2037 – Process. 10

11.5 Development Contributions Policy Review - 2026/27. 13

12 Public excluded session. 14

13.2 Litigation report 14

13.3 Housing Equity Fund - Seeking approval of funding facility. 15

Confidential Attachment 5 11.1 - Wairākei Pump Station - Funding Risk. 15

3.3 Philip Brown - Chair, Papamoa Residents & Ratepayers Assn - to be taken at 1pm.. 15

3.4 Robert Coe - Report on Petition - to be taken at 1pm.. 16

1.1 Speaking request to item 13.5. 16

11.6 Council-Controlled Organisations - Letters of Expectations 2026/27. 17

11.7 Bylaw Review Schedule. 17

11.8 Petition - Fluoridation of water supply. 18

11.9 Transport Resolutions Report No.58. 20

13 Public excluded session. 20

13.4 Council-Controlled Organisations - Board appointments to 30 June 2026 and an amendment to the end of tenure date in the Appointment Policy. 20

13.5 Strategic Property Disposal to Women’s Refuge. 21

14 Closing karakia. 21

MINUTES OF Tauranga City Council

Ordinary Council meeting

HELD AT THE Tauranga City Council Chambers, Mareanui Level 1 - 90 Devonport Road, Tauranga

ON Tuesday, 18 November 2025 AT 8.30am

MEMBERS PRESENT:

Mayor Mahé Drysdale, Deputy Mayor Jen Scoular, Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Marten Rozeboom, Cr Kevin Schuler, Cr Rod Taylor, Cr Hēmi Rolleston

IN ATTENDANCE:

Marty Grenfell (Chief Executive), Christine Jones (General Manager: Strategy, Partnerships & Growth), Reneke van Soest (General Manager: Operations & Infrastructure), Alastair McNeill (General Manager: Corporate Services), Sarah Omundsen (General Manager: Regulatory & Compliance), Wally Potts (Head of City Waters), Richard Conning (Programme Manager: Delivery), Jeremy Boase (Head of Strategy, Governance & Climate Resilience), Sarah Holmes (Team Leader: Governance & CCO Support Services), Andrew Mead (Head of City Planning & Growth), Ben Corbett (Team Leader Growth Funding), Caroline Lim (CCO Specialist), Peter Bahrs (Manager: Water Services), Fiona Nalder (Principal Strategic Advisor), Mike Seabourne (Head of Transport), Karen Hay (Team Leader: Engineering Services), Andrew Hough (General Counsel), Alicia Oldham (Team Leader: Strategic & Commercial Property), Zoe Trower (Strategic Property Advisor), Keren Paekau (Acting Head of Strategic Māori Engagement), Clare Sullivan (Senior Governance Advisor), Caroline Irvin (Governance Advisor),

Timestamps are included beside each of the items and relate to the recording of the meeting held on 18 November on the Council's YouTube channel - Part 1; Part 2; Part 3

1 Opening karakia

Cr Hēmi Rolleston opened the meeting with a karakia.

Acknowledgements

The Mayor made a presentation to Michelle Anderson on the occasion of her anniversary of 25 years’ service to the Council in the library and community hubs. The Mayor congratulated her for her outstanding contribution and noted some of her achievements.

2 Apologies

Resolution CO/25/27/1

Moved: Cr Rick Curach

Seconded: Cr Rod Taylor

That the apology for absence received from Cr Baker be accepted.

Carried

3 Public forum

Timestamp – 16 minutes

3.2 Greg Clark and Petr Koch - Hawridge Developments re – Wairākei Pump Station

· Hawridge Developments had supported the area since 1988 through a number of high specification developments. They argued that they needed the pump station to go ahead for the current development. They had delivered approximately 700 sections with about another 600 already consented to be delivered.

· They had been paying development contributions, based on a $6 million budget since 2015/2016. They had contributed about $28 million in the area and understood the budget for the pump station was now approximately $40 million, to cater for increased specification including for Te Tumu.

· Hawridge Developments didn’t feel they should be paying for Te Tumu’s costs and had only been advised of the increase in costs about 10 days ago.

· Hawridge Developments confirmed they needed the pump station for building consents for the sections.

3.1 Nathan York – Bluehaven regarding Wairākei Pump Station report

· Mr York spoke in favour of the staff recommendations in the report. Wairākei and Pāpāmoa East had been large growth areas – 2000 homes and commercial areas were still to be unlocked.

· He noted that staff identified a number of risk areas in the report if the development of the pump station did not proceed. Mr York also noted a public risk and credibility risk if it didn’t proceed.

· The most recent developments had contributed $6.5 million of reticulation and 2 wastewater pump stations to be ready to develop Wairakei.

· It had been the longstanding growth area for Tauranga for over 20 years. Mr York supported the development of the pump station. They needed to be able to continue to develop and have wastewater infrastructure available.

3.6 Spencer Webster

· Mr Webster spoke to the Wairākei Pump Station report. He had not been aware this was happening until late the previous week and was surprised to read the contents of report. There had been no mention of any engagement with Ngā Potiki in the report nor of the customary impact assessment reports they provided to staff. He was shocked to read the report was consistent with a Te Ao Māori approach. It was a matter of process, Ngā Potiki was open to having a conversation. There was still some work to be done.

· The impression he had was that this issue was an ongoing conversation. Ngā Potiki had proposed a pause to work through issues.

· He asked for consideration to be given to what the capacity and long-term future were, look for other solutions, and to understand the full extent as existing projects came online.

4 Acceptance of late items

Nil

5 Confidential business to be transferred into the open

Nil

6 Change to the order of business

The Mayor noted that the order of business would change throughout the meeting. He noted that Council would take items up to 11.5, then go into public excluded to deal with items 13.1 to 13.3. There would be a further public forum held at 1pm. The Mayor also indicated he would leave the meeting at approximately 12 noon.

7 Confirmation of minutes

Timestamp: 36 minutes

7.1 Minutes of the Council meeting held on 7 October 2025

Resolution CO/25/27/2

Moved: Cr Kevin Schuler

Seconded: Cr Steve Morris

That the Minutes of the Council meeting held on 7 October 2025 be confirmed as a true and correct record.

Carried

8 Declaration of conflicts of interest

Nil

9 Deputations, presentations, petitions

Nil

10 Recommendations from other committees

Nil

11 Business

Timestamp - 38 minutes

11.1 Wairākei Pump Station - Funding Risk

Staff Reneke van Soest, General Manager Operations and Infrstructure

Wally Potts, Head of City Waters

Action requested

· That staff talk to Treasury regarding discount rates.

The recommendations were taken in parts:

Resolution CO/25/27/3

Part 1

Moved: Cr Hēmi Rolleston

Seconded: Cr Rod Taylor

That the Council:

(a) Receives the report "Wairākei Pump Station - Funding Risk".

(b) Notes that delaying, redesigning or abandoning the Wairākei Pump Station and Wairākei Rising Main projects would create greater environmental, development and financial risks than proceeding.

(c) Approves proceeding with the Wairākei Pump Station (construction) and Wairākei Rising Main projects (design then construction) – Option A.

(d) Notes that the General Manager Operations and Infrastructure will:

i) review the cost estimates and procurement approach with the view to delivery cost efficiencies and value for money and report back to Council on this review; and

(e) Notes that if the funding risk associated with an alternative Te Tumu wastewater solution materialises it will be considered and addressed through a future Long Term Plan process.

(f) Notes that staff will ensure Te Tumu funding allocations for these projects and others like the Opal Drive pump station will be considered when assessing the merits of alternative Te Tumu / eastern corridor wastewater options against the option of reticulating wastewater from Te Tumu to the Te Maunga treatment plant.

(g) Attachment 5 will remain in public excluded to protect legal privilege.

CARRIED

Resolution CO/25/27/4

Part 2

Moved: Cr Hēmi Rolleston

Seconded: Cr Rod Taylor

That the Council:

d) Notes that the General Manager Operations and Infrastructure will:

ii) ensure that there is engagement and communication with Ngā Potiki in respect of the construction project.

For: Mayor Mahé Drysdale, Deputy Mayor Jen Scoular, Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston and Cr Rod Taylor

Against: Cr Marten Rozeboom and Cr Kevin Schuler

Carried 7/2

Timestamp: 1 hour and 37 minutes

11.2 Elected members' remuneration allocation and expenses policy

Staff Jeremy Boase, Head of Strategy, Governance & Climate Resilience

The recommendations were taken in parts:

Resolution CO/25/27/5

Part 1

Moved: Mayor Mahé Drysdale

Seconded: Deputy Mayor Jen Scoular

That the Council:

(a) Receives the report "Elected members' remuneration allocation and expenses policy".

Remuneration

(b) Allocates the councillors remuneration pool of $1,482,192 for submission to the Remuneration Authority as follows:

i) Deputy Mayor - $178,192

ii) Councillors with additional responsibilities – $163,000

Security allowance

(c) Proposes to amend the Elected Members’ Expenses and Resources Policy 2025 to include provision for a home security allowance with the following characteristics:

(i) Issue 1 – Eligibility for home security allowance – Option 1A all elected members

(ii) Issue 2 – Security threat and assessment preparation – Option 2A prepared in- house by staff working to a determined template

(iii) Issue 3 – Maximum allowances – Option 3A - $4,500 for purchase and installation; $1,000 for annual monitoring, callouts and repairs (as provided for in the Determination)

(iv) Issue 4 – If elected member changes primary residence – Option 4A a new application (supported by a new risk assessment) may be made for the new residence. Note that the primary place of residence must be within the local authority area

(v) Issue 5 – If elected member’s position becomes vacant – Option 5C all allowances (including installation) scaled back proportional to the period of the financial year that the member was in the position

(vi) Issue 6 – Approvals – Option 6A approvals of all claims under this part of the policy to be made by the Mayor and Chief Executive, with Mayoral claims approved by the Deputy Mayor and one other Councillor

Other policy changes

(d) Amends the Elected Members’ Expenses and Resources Policy 2025 to include provision for an additional night of accommodation and relevant expenses if an elected member is unable to make reasonable arrangements to return directly to Tauranga.

Carried

Motion

Moved: Mayor Mahé Drysdale

Seconded: Deputy Mayor Jen Scoular

That the Council:

(f) Amends the Elected Members’ Expenses and Resources Policy 2025 provisions for meal allowances per Option 3 in this report.

For: Mayor Mahé Drysdale, Deputy Mayor Jen Scoular,

Against: Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston, Cr Marten Rozeboom, Cr Kevin Schuler and Cr Rod Taylor

LOST 2/7

Timestamp: 1 hour and 58 minutes

11.3 Draft 2026 Council and Committee Meetings Schedule

Staff Sarah Holmes, Team Leader Governance & CCO Support Services

Jeremy Boase, Head of Strategy, Governance & Climate Resilience

Resolution CO/25/27/6

Moved: Mayor Mahé Drysdale

Seconded: Cr Marten Rozeboom

That the Council:

(a) Receives the report "Draft 2026 Council and Committee Meetings Schedule".

(b) Approves in principle the Draft 2026 Council/Committees Meetings Calendar (provided as Attachment 1 to this report):

(i) Pending input from Western Bay of Plenty District Council and Toi Moana Bay of Plenty Regional Council to confirm joint committees and meeting dates,

(ii) Pending confirmation from Local Government New Zealand on Zone 2, Metro Sector, Te Maruata Whānui, and All-of-Local Government Sector meetings, and

(iii) Subject to incorporation of feedback provided to staff at this meeting, as noted in the meeting minutes.

formally reported back to Council.

Carried

At 10.35am the meeting adjourned.

At 10.48am the meeting resumed in open.

Timestamp: 2 hours and 24 minutes

11.4 Long-term Plan 2027-2037 – Process

Staff Jeremy Boase, Head of Strategy, Governance & Climate Resilience

Motion

Moved: Deputy Mayor Jen Scoular

Seconded: Cr Marten Rozeboom

That the Council:

(a) Receives the report "Long-term Plan 2027-2037 - Process".

(b) Notes the proposed prioritisation process for capital projects for the Long-Term Plan.

(c) Notes that for the prioritisation process, at a later date, staff will seek further guidance from the mayor and councillors on strategic direction, risk appetite and weightings of strategy/risk.

(d) Approves the following revised Community Outcomes for the purposes of the 2027-2037 Long-term Plan development:

· Tauranga Mataraunui - An inclusive city

· Tauranga Taurikura - A city that values, protects and enhances our environment

· Tauranga - Tātai Whenua - A well planned city that is easy to move around

· Tauranga a te kura - A city that supports business and education

· Tauranga <translation to come> - A vibrant city that embraces events

(e) Approves the following 2027-2037 Long-term Plan underpinning principles:

· Look after what we’ve got

· Accountable and transparent

· Value for money

· Everyone pays a fair share

· Growth pays for growth

· Bold and innovative

(f) Approves the following priorities to guide the development of the 2027-2037 Long Term Plan:

· Delivering for our people:

o Enable Housing

o Address Transport

o Enhance our Environment

o Deliver services for our community

(g) Notes that if amendments to the community outcomes are endorsed, either with or without community consultation, the amended outcomes will be applied through the upcoming Long Term Plan, and that the current community outcomes included in the existing Long Term Plan will continue to be reported against for the next two annual reports.

AN AMENDMENT WAS PROPOSED:

Moved: Cr Glen Crowther

Seconded: Cr Rick Curach

That the Council:

· Amend recommendation (e) by adding “affordability” to the list of underpinning principles.

For: Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris and Cr Hēmi Rolleston

Against: Mayor Mahé Drysdale, Deputy Mayor Jen Scoular, Cr Marten Rozeboom, Cr Kevin Schuler and Cr Rod Taylor

LOST 4/5

Reasons for the decision include:

· The current principles were driving towards affordability.

· Some of the capital programme spend could be seen as unaffordable but it was necessary work.

The recommendations were taken in parts:

Resolution CO/25/27/7

Part 1

Moved: Deputy Mayor Jen Scoular

Seconded: Cr Marten Rozeboom

That the Council:

(a) Receives the report "Long-term Plan 2027-2037 - Process".

(b) Notes the proposed prioritisation process for capital projects for the Long-Term Plan.

(c) Notes that for the prioritisation process, at a later date, staff will seek further guidance from the mayor and councillors on strategic direction, risk appetite and weightings of strategy/risk.

Carried

Resolution CO/25/27/8

Part 2

Moved: Deputy Mayor Jen Scoular

Seconded: Cr Marten Rozeboom

That the Council:

(d) Approves the following revised Community Outcomes for the purposes of the 2027-2037 Long-term Plan development:

· Tauranga Mataraunui - An inclusive city

· Tauranga Taurikura - A city that values, protects and enhances our environment

· Tauranga - Tātai Whenua - A well planned city that is easy to move around

· Tauranga a te kura - A city that supports business and education

· Tauranga <translation to come> - A vibrant city that embraces events

(e) Approves the following 2027-2037 Long-term Plan underpinning principles:

· Look after what we’ve got

· Accountable and transparent

· Value for money

· Everyone pays a fair share

· Growth pays for growth

· Bold and innovative

For: Mayor Mahé Drysdale, Deputy Mayor Jen Scoular, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston, Cr Marten Rozeboom, Cr Kevin Schuler and Cr Rod Taylor

Against: Cr Glen Crowther

Carried 8/1

Resolution CO/25/27/9

Part 3

Moved: Deputy Mayor Jen Scoular

Seconded: Cr Marten Rozeboom

That the Council:

(f) Approves the following priorities to guide the development of the 2027-2037 Long Term Plan:

· Delivering for our people:

o Enable Housing

o Address Transport

o Enhance our Environment

o Deliver services for our community

Carried

Timestamp: 3 hours and 2 minutes

11.5 Development Contributions Policy Review - 2026/27

Staff Ben Corbett, Team Leader Growth Funding

Andrew Mead, Head of City Planning & Growth

Resolution CO/25/27/10

Moved: Mayor Mahé Drysdale

Seconded: Cr Rod Taylor

That the Council:

(a) Receives the report "Development Contributions Policy Review - 2026/27".

(b) Approves the draft 2026/27 Development Contributions Policy to be prepared incorporating the following matters for Council consideration prior to public consultation:

(i) Amendments to development contributions funding for Memorial Park Aquatics Centre and Haumaru Sports & Recreation Centre to reflect decisions made on these projects;

(ii) New/amended wording to clarify local and citywide development contributions are payable for minor dwellings in residential zones;

(iii) Revision to the definition of “bedroom” to improve clarity; and

(iv) Updated wording in the Upper Ohauiti, Tauriko Business Estate Stage 4 and Tauriko West catchments to more fully detail how local development contributions are calculated in these catchments.

(c) Notes that separate council reporting is being prepared on incentives for residential intensification / city centre development which may impact on the development contributions policy.

(d) Notes that more substantive policy amendments are not being considered due to impending development contribution reform and waters reform.

Carried

12 Public excluded session

Resolution to exclude the public

Resolution CO/25/27/11

Moved: Deputy Mayor Jen Scoular

Seconded: Cr Hēmi Rolleston

That the public be excluded from the following parts of the proceedings of this meeting at 11.38am.

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
13.2 - 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)(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)(f)(ii) - The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of Council members, officers, employees, and persons from improper pressure or harassment 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)	s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
13.3 - Housing Equity Fund - Seeking approval of funding facility	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	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
Confidential Attachment 5 - 11.1 - Wairākei Pump Station - Funding Risk	s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege	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

At 11.38 am the meeting adjourned.

At 12.00pm, Mayor Mahé Drysdale withdrew from the meeting.

At 12.25pm the meeting resumed in open.

At 12.25pm the meeting adjourned.

At 1.02pm the meeting resumed in open.

Timestamp: 3 minutes (Part 2)

3.3 Philip Brown - Chair, Papamoa Residents & Ratepayers Assn

· Since the 1990s new roads in developments have had a mixture of hot mix and asphalt. In Mr Brown’s opinion the benefits were lower traffic noise, better tyre grip, smoother surface, more aesthetically pleasing, and therefore best practice.

· The proposal to chipseal had the opposite effect. On behalf of the residents, he commented on the lack of consultation on the proposal. He noted that a reapplication would be required every 6 years or so with chipseal.

· He requested a 12-month suspension of the chipseal programme, and that Council hold a workshop for residents with staff on the matter. This could include new surfaces that could be used and exploration of a new funding mechanism for the whole city that could be integrated into the next Annual Plan. He asked that Council has a rethink of fiscal management structures for roading maintenance.

· Mr Brown requested a targeted rate to start in 1 or 2 years’ time for all hot mix roads.

Actions requested

That staff:

· Provide the Council with a report on the current issues and options for the residents to retain the current road surface.

· Provide the Council with a report on options on resealing and information on the wider programme of work – for the Annual Plan.

Timestamp: 17 minutes (Part 2)

3.4 Robert Coe - Report on Petition

· Mr Coe spoke to the report on his petition about fluoride. He commented that the letter to the Director-General of Health was okay. He asked that the Minister of Health be copied into the letter.

· He also asked that the two new studies released since August 2025 be referenced in the letter. He thought the Director-General should consider the new research.

· He also requested that recommendation (e) in the report be deleted.

Resolution to exclude the public

Resolution CO/25/27/12

Moved: Cr Hēmi Rolleston

Seconded: Cr Rod Taylor

That the public be excluded from the following parts of the proceedings of this meeting at 1.24pm and that the representatives from Tauranga Women’s Refuge be permitted to remain in the room for this item.

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
1.1 - Speaking request to item 13.5	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

Carried

At 1.24pm the meeting adjourned.

At 1.39pm the meeting resumed in open.

Timestamp: 1 minute (Part 3)

11.6 Council-Controlled Organisations - Letters of Expectations 2026/27

Staff Caroline Lim, CCO Specialist

Jeremy Boase, Head of Strategy, Governance & Climate Resilience

Action requested

· That staff consider the issue of treating painting costs as costs or “operating as a capital expense”

Resolution CO/25/27/13

Moved: Cr Rod Taylor

Seconded: Cr Rick Curach

That the Council:

(a) Receives the report "Council-Controlled Organisations - Letters of Expectations 2026/27".

(b) Approves the Letter of Expectations 2026/27 from Tauranga City Council to Bay Venues Limited (Attachment 1 of this report):

(c) Approves the Letter of Expectations 2026/27 from Tauranga City Council to Tauranga Art Gallery Trust (Attachment 2 of this report).

(d) Approves the Letter of Expectations 2026/27 from Tauranga City Council to Tourism Bay of Plenty (Attachment 3 of this report). Noting that joint shareholder Western Bay of Plenty District Council is not providing Tourism Bay of Plenty with a Letter of Expectations.

(e) Approves the Letter of Expectations 2026/27 from Tauranga City Council to Te Manawataki o Te Papa Limited (Attachment 4 of this report).

Carried

Timestamp: 21 minutes (Part 3)

11.7 Bylaw Review Schedule

Staff Jeremy Boase, Head of Strategy, Governance & Climate Resilience

Resolution CO/25/27/14

Moved: Cr Marten Rozeboom

Seconded: Cr Hēmi Rolleston

That the Council:

(a) Receives the report "Bylaw Review Schedule ".

Carried

Timestamp: 24 minutes (Part 3)

11.8 Petition - Fluoridation of water supply

Staff Peter Bahrs, Manager Water Services

The recommendations were taken in parts:

Resolution CO/25/27/15

Moved: Cr Marten Rozeboom

Seconded: Cr Rick Curach

That the Council:

(a) Receives the report "Petition - Fluoridation of water supply".

Carried

Resolution CO/25/27/16

Moved: Cr Marten Rozeboom

Seconded: Cr Rick Curach

That the Council:

(b) Supports sending a letter, from Council, to the Director-General of Health and Chief Executive (Ministry of Health) asking for:

(i) an independent public enquiry into fluoridation.

For: Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston, Cr Marten Rozeboom, Cr Kevin Schuler and Cr Rod Taylor

Against: Deputy Mayor Jen Scoular

Carried 7/1

Motion

Moved: Cr Marten Rozeboom

Seconded: Cr Rick Curach

That the Council:

(b) Supports sending a letter, from Council, to the Director-General of Health and Chief Executive (Ministry of Health) asking for:

(ii) the direction to fluoridate Tauranga’s water supply to be suspended.

For: Cr Glen Crowther, Cr Marten Rozeboom

Against: Deputy Mayor Jen Scoular, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston, Cr Kevin Schuler and Cr Rod Taylor

LOST 2/6

Resolution CO/25/27/17

Moved: Cr Marten Rozeboom

Seconded: Cr Rick Curach

That the Council:

(c) Approves the draft letter with changes to the Ministry of Health and the Director-General of Health and Chief Executive (Ministry of Health)

For: Cr Glen Crowther, Cr Rick Curach, Cr Steve Morris, Cr Hēmi Rolleston, Cr Marten Rozeboom, Cr Kevin Schuler and Cr Rod Taylor

Against: Deputy Mayor Jen Scoular

Carried 7/1

Resolution CO/25/27/18

Moved: Cr Marten Rozeboom

Seconded: Cr Rick Curach

That the Council:

(d) Delegates the Mayor authority to make minor edits to the letter on behalf of Council.

Carried

Timestamp: 40 minutes (Part 3)

11.9 Transport Resolutions Report No.58

Staff Karen Hay, Team Leader: Engineering Services

Mike Seabourne, Head of Transport

Resolution CO/25/27/19

Moved: Cr Rick Curach

Seconded: Cr Marten Rozeboom

That the Council:

(a) Receives the report "Transport Resolutions Report No.58".

(b) Resolves to implement the proposed traffic and parking controls for general safety, operational, or amenity purposes as detailed in Attachment 1 of this report.

(c) These changes will take effect on or after 19 November 2025, subject to the installation of appropriate signs and road markings where necessary.

Carried

13 Public excluded session

Resolution to exclude the public

Resolution CO/25/27/20

Moved: Cr Hēmi Rolleston

Seconded: Cr Rod Taylor

That the public be excluded from the following parts of the proceedings of this meeting at 2.23pm.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

13.4 - Council-Controlled Organisations - Board appointments to 30 June 2026 and an amendment to the end of tenure date in the Appointment Policy

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

13.5 - Strategic Property Disposal to Women’s Refuge

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

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

Carried

At 2.49pm the meeting resumed in open.

14 Closing karakia

Cr Hēmi Rolleston closed the meeting with a karakia.

The meeting closed at 2.50pm.

The minutes of this meeting were confirmed as a true and correct record at the Ordinary Council meeting held on 16 December 2025.

Ordinary Council meeting Agenda

16 December 2025

11.6 Final Speedway Arrangements

File Number: A18551248

Author: Alison Law, Head of Spaces & Places

Ross Hudson, Manager: Strategic Planning and Partnerships, Spaces and Places

Jaimee Kinzett, Senior Strategic Advisor

Authoriser: Mike Seabourne, Acting General Manager Operations and Infrastructure

Please note that this report contains confidential attachments.

Public Excluded Attachment	Reason why Public Excluded
Item 11.6 - Final Speedway Arrangements - Attachment 1 - Baypark Speedway suite of agreements	s7(2)(h) - The withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities.

Purpose of the Report

1. For Council to receive the final draft agreements between Speedway Racing Limited and Bay Venues Limited prior to execution.

Recommendations

That the Council:

(a) Receives the report "Final Speedway Arrangements".

(b) Receives the final draft agreements prior to execution between Speedway Racing Limited and Bay Venues Limited.

(c) Attachment 1 – final draft commercial agreements – is to remain in the public excluded section to enable Council or its subsidiaries to conduct commercial negotiations. They can be transferred into the open once signed by the respective parties.

Executive Summary

2. On 14^th July 2025, this Council considered community feedback on proposals for Speedway at Baypark and requested staff continue negotiations with Speedway Racing Limited (SRL) with the following key parameters, returning to Council with finalised agreements.

(a) Sale of the North Stand to SRL for $1 with an agreement to purchase it back for $1 in 2039, with costs and liabilities (including for health and safety) for the stand passing to SRL.

(b) Sub-lease of the land on which the North Stand stadium structure and clay track sits to SRL until 2039, for a percentage of revenue from events held.

3. The report also outlined a broader set of parameters. These are identified again below, along with any changes agreed between the parties since July. Also attached are the set of documents – sublease, licences to occupy spaces, sale purchase agreements – that constitute together the full set of agreements between Bay Venues Limited (Bay Venues) and SRL (Attachment 1). An occupancy areas plan showing the spatial extent of the sublease and associated licences is included as Attachment 2.

4. Bay Venues and SRL, with Council staff as observers/facilitators, have verbally agreed the terms of the various agreements that enable the future of Speedway as proposed to the community early this year. Council staff are satisfied that responsibilities and commercial terms have been satisfactorily defined and agreed that balance the objectives for Speedway to continue successfully and safely to 2039 with appropriate checkpoints and the intention to minimise ongoing costs and risks to Bay Venues and Council.

5. Agreement on commercial matters including responsibilities and revenue sharing for non-Speedway events, corporate boxes and catering have been defined. These sit under the primary commercial term which is that SRL will pay Bay Venues the greater of 7% of SRL’s gross revenue per annum plus GST or $86,000 per annum plus GST (subject to CPI adjustment). It is in the interests of both parties now to maximise revenue opportunities associated with Speedway and the Baypark Stadium.

6. It is expected that documents will be signed soon after this meeting and will come into effect thereafter. The two parties are already working effectively towards the implementation of the arrangements agreed.

parameters of agreements – changes since july

7. The table below identifies the key parameters of the agreements between Bay Venues Ltd and Speedway Racing Ltd and any changes to those parameters since the report to the 14^th July 2025 Council meeting.

Key Parameters at 14^th July 2025	Change Y/N	Reason for change
A ground sublease to 2039, without a lease renewal option, for the area comprising the North Stand and Speedway track area.	Y	The Sublease still runs to 18 September 2039 with no rights of renewal, but now also provides SRL with a right to construct a new Workshop. Once constructed, the Sublease must be varied to include the Workshop land as part of the leased area. This change responds to SRL’s need to replace the ~300m² storage area it currently occupies under the Promoter Agreement (which is being cancelled).
Sale of the North Stand and Speedway track to Speedway Racing Ltd at no cost, on an ‘as is where is’ basis; noting the need for the facility to be kept in a safe condition with any maintenance, renewal or remediation works becoming the responsibility of Speedway parties.	N	No change in substance - implemented via the Agreement for Sale & Purchase of Assets. The Assets (including the North Stand and track) are sold to SRL for $1.00 plus GST (if any) on an “as is, where is” basis, with SRL accepting the 20% NBS rating and taking full responsibility for seismic, maintenance, renewal and remediation from Settlement.
All costs of new and existing facilities within the lease area to fall to Speedway Racing Ltd.	N	No change - the Sublease makes SRL responsible for all Sublessee’s Improvements and all maintenance, renewals, compliance, seismic upgrades, and remediation within the leased area (subject only to the Sublessor’s obligations in respect of its own assets and the Head Lease).
Ownership of the North Stand and any associated improvements within the sub-lease area will automatically vest in Bay Venues Ltd at the end of the sub-lease term in 2039, without any further payment.	Y	Automatic vesting still applies to the North Stand and all existing improvements at the end of the Sublease term without further payment. However, the Sublease now expressly excludes the new Workshop from automatic vesting. SRL retains ownership of the Workshop during the term and may remove it at expiry. Vesting of the Workshop only occurs if SRL fails to remove it.
A licence to occupy parts of the Main Stand and areas adjacent to the North Stand on Speedway event days.	N	No change - this is implemented through the Mainstand Licence, which grants SRL non-exclusive rights to use defined Mainstand areas on Speedway event days (and as otherwise agreed), consistent with the original parameter.
A licence to occupy parts of the Main Carpark (current pit area) until construction of the new pit area is complete.	N	No change – delivered through the Pit Area Licence. The Pit Area Licence automatically surrenders when the new car park area (Future Works) is completed and the replacement licence for the new car park area (Future Works Licence) is entered into.
Ownership of the Main Stand buildings and seats to remain with Bay Venues Ltd, with costs of maintenance and renewal, including earthquake strengthening to remain with Bay Venues Ltd.	N	No change – the Mainstand remains a BVL asset. Structural ownership and responsibility for maintenance, renewals and seismic/earthquake-prone obligations for the Mainstand stay with BVL, with SRL’s rights limited to licensed event-day use.
A licence to occupy until 2039, without a renewal option, a new pit and carpark area for Speedway race meetings and priority rights to use a defined parking area for Speedway participants and patrons.	N	No change – the Pit Area Licence provides for an interim licence that expires on the earlier of commencement of the Future Works Licence (licence for the new pit and car park area) or 18 September 2039, with no rights of renewal. The Pit Area Licence commits the parties to enter into a replacement Future Works Licence once the new pit and carpark area is constructed, on terms “generally similar” to the Pit Area Licence. The expiry and no-renewal parameters for the future licence are not expressly stated but are expected to align with the Sublease end date (2039).
Bay Venues will be able to continue to use the commercial kitchen within the North Stand without impediment (this will be excluded from the lease area, with access rights provided to the kitchen.	Y	Both North Stand kitchens are sold to SRL under the Agreement for Sale and Purchase and form part of SRL’s Improvements. Continued BVL use is instead secured through two separate kitchen leases (Te Puke Kitchen Lease and North Stand Kitchen Lease) with SRL as lessor and BVL as lessee, supported by interdependence and cross-default structure across the Speedway documents.
To supersede the current commercial agreements between Bay Venues Ltd and Speedway Racing Ltd and between Bay Venues Ltd and Bay of Plenty Speedway Association.	N	No change – the contemporary documents replace the historic arrangements. The Agreement for Sale & Purchase of Assets expressly cancels the 2023 Promoter Agreement, and the Deed of Surrender formally extinguishes the 2007 Agreement Regarding Bay of Plenty Speedway and the 2017 Deed Regarding the Speedway at Baypark.
With the lease price to be based on an agreed percentage of gross revenue, with the intention that, as a minimum, it covers Bay Venues residual operational costs associated with facilitating Speedway.	N	No change in intent – the Sublease implements this via a “greater of” formula: the greater of 7% of SRL’s Gross Revenue per annum plus GST or $86,000 per annum plus GST (subject to CPI adjustment).
The sub-lease and licences are interdependent and must be read and operated together to ensure the coordinated use of the Baypark site for Speedway events.	N	No change – the Sublease, Mainstand Licence, Pit Area Licence, Kitchen Leases, Signage Licence and (once granted) Future Works Licence are expressly identified as interdependent and are drafted with cross-default provisions so they operate as a unified Speedway arrangement for the Baypark site.
The sub-lease provides a right of first refusal in favour of Bay of Plenty Speedway Association to continue Speedway operations in the event of early termination by SRL.	N	No change – the Sublease includes a right of first refusal in favour of BOPSA to continue Speedway operations if SRL exits, consistent with the original parameter. The right of first refusal does not apply to internal family transfers of ownership or control within the Buckley family, which do not constitute a change triggering the right of first refusal.
A Baypark User Group will be established to support collaboration between Bay Venues, SRL, and other key users of the Baypark site in relation to shared use, event scheduling, and operational coordination.	N	No change – the Sublease provides for bilateral coordination meetings between BVL and SRL and contemplates establishment of a Baypark User Group as additional users and licensees come on site. The User Group’s purpose (coordination, information sharing, long-term planning) matches the original parameter.
Bay Venues and Council will have the right to undertake a performance review in 2034 and may elect to terminate the sub-lease prior to 2039 if agreed outcomes covering average event attendance, number of events and compliance with permitted use are not met or if there is a compelling public interest basis to do so, following consultation with stakeholders.	Y	The concept of early termination following a performance review is retained, but the mechanics and timing have changed. The Sublease now provides for performance reviews on or before 30 June 2030 and 30 June 2035 (not 2034), and specifies KPIs for event numbers, average attendance, use consistent with the Permitted Use, and general compliance. Termination can only occur if one or more KPIs are not met and the Head Lessor (Council) considers that continued Speedway use is no longer the best public use of the Land, and then only if Council passes a formal resolution authorising termination after consulting SRL and considering its written response. Any termination must take effect no earlier than the start of the next Speedway season.

TABLE of commercial agreements

8. The table below summarises the documents that together constitute the agreements between Bay Venues and SRL.

Document and Parties

Purpose / Scope

Key Commercial Features / Notes

Agreement for Sale and Purchase of Assets

· Vendor: Bay Venues

· Purchaser: SRL

Sale by Bay Venues to SRL of the “Assets” which form part of Baypark Stadium – being the North Stand and the track improvements, as listed in the schedule attached to the Agreement for Sale and Purchase.

· Settlement Date is [x] Working Days after the date the Agreement is signed by both parties.

· Purchase price of $1.00 + GST (if any).

· SRL accepts 20% NBS status of the North Stand and takes full responsibility for all maintenance, renewals, remediation and seismic upgrades within the sub-lease area.

· Existing promoter agreement is extinguished on settlement.

Sublease of Land

· Sublessor: Bay Venues

· Sublessee: SRL

· Head Lessor: Council (consenting capacity only)

Sublease of the stadium land required for Speedway operations (North Stand and speedway track / infield and associated areas as shown on the plan to the Sublease), with provision to add a new Workshop area by later variation once constructed.

· Term commences on the Settlement Date / execution of the package of Speedway documents and expires on 18 September 2039, with no rights of renewal (subject to the early termination provisions).

· Annual rent is the greater of 7% of SRL’s Gross Revenue per annum plus GST, or $86,000 per annum plus GST, with CPI adjustment – implementing Council’s agreed revenue-share / minimum-rent structure.

· The Land may be used for:

o Speedway Events facility and related ancillary uses permitted under the Resource Consent and City Plan;

o Ancillary Events being non-speedway/shared events that:

(i) occur only within the Sublease area,

(ii) are compatible with other Baypark users and scheduled activities, and

(iii) comply with all City Plan, resource consent and operational coordination requirements.

o Catering/food and beverage sales for those events.

· Either party may propose a Shared Event (compliant or Noisy). Net Profit (gross revenue less directly related event costs) is shared 50:50.

Licence to Occupy the Mainstand

· Licensor: Bay Venues

· Licensee: SRL

Provides SRL with non-exclusive rights to use defined areas within the Mainstand on Speedway Event days (and agreed times) to support Speedway operations, while BVL retains ownership and full responsibility for the Mainstand.

· Event-day access only to specified Mainstand spaces (e.g., corporate boxes, clubrooms, rooms required for Speedway operations), non-exclusive and coordinated with other venue users.

· Term aligns with the Sublease—commences on Settlement Date and ends 18 September 2039 (no renewal rights).

· No licence fee - revenue share occurs through the Sublease rent; SRL pays any event-specific costs (security, cleaning, utilities, etc.).

Pit Area Licence

· Licensor: Bay Venues

· Licensee: SRL

Non-exclusive licence for SRL to use part of the main Baypark carpark as the pit area for Speedway Events and relevant Ancillary Events, pending construction of the new Future Works pit / carpark area.

· Commences on the Commencement Date (asset sale settlement) and expires on the earlier of the Future Works Licence starting or 18 September 2039 (no renewals).

· No licence fee (commercial return via Sublease); SRL pays a fair share of Outgoings (carpark-related maintenance, utilities, services).

· When Council completes the new dedicated pit area, this licence automatically ends and is replaced with a new Future Works Licence. No compensation is payable for disruption during construction.

Deed of Surrender

· Council

· Bay Venues

· Bay of Plenty Speedway Association Incorporated (BOPSA)

Formally surrenders and extinguishes the two legacy Speedway agreements from 2007 and 2017 to ensure the new commercial, operational and governance framework (the New Speedway Documents) is the sole set of applicable arrangements.

· All historical Speedway agreements are fully surrendered, cancelled and extinguished as at the Effective Date

· No compensation payable; each party bears its own costs; no obligations under old agreements survive except where required by law.

Te Puke Kitchen Lease

Short term lease to accommodate existing occupation by Compass Catering.

· Revenue sharing of 50/50 between Bay Venues and SRL.

· Upon expiry of Compass lease possession will revert to SRL.

North Stand Kitchen Lease

Lease of commercial kitchen in North Stand to Bay Venues to reflect original agreement that Bay Venues was to retain occupation/use of kitchen.

· Term aligns with Sublease.

· Annual rent of $1 per annum.

Signage Licence

Licence to allow existing signage attached to Northstand to remain

· Term aligns with Sublease.

· Allows Bay Venues to adhere to the naming rights agreement with Mercury and control, maintain, repair and replace existing signage affixed to Northstand.

STRATEGIC ALIGNMENT

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

	Contributes
We are an inclusive city
We value, protect and enhance the environment
We are a well-planned city that is easy to move around
We are a city that supports business and education	ü
We are a vibrant city that embraces events	ü

Financial Considerations

10. The financial considerations remain essentially as per the 14^th July 2025 report to Council. Bay Venues will retain ownership and asset responsibility for the Main Stand and will sell the North Stand to SRL for $1. SRL will be responsible for all maintenance, renewal or upgrade of assets within their sub-lease area, with the exception of the stadium lights. Bay Venues will write off the remaining book value of the North Stand and track improvements at $2.3m.

11. With regard to the sub-lease revenue and other revenues to Bay Venues, the minimum of $86k per annum (+GST +CPI) is expected to constitute a small loss relative to associated residual costs in this financial year. Bay Venues will absorb that loss if it occurs. However, it is expected that 7% of SRL gross revenues will be at a higher value than $86k per annum by the end of the 2026/27 racing season. The agreed KPIs and termination clauses give Council the opportunity to reassess performance in 2030.

12. The current budget for the implementation of the Baypark Masterplan includes funding for the development of a new carpark that would be used as a new pit area on Speedway race days in FY28 & FY29, estimated at circa $6m. SRL would fund the pit services on the carpark to an estimated value of circa $800k. The carpark / pit area is considered necessary by Council staff and Bay Venues to enable the Baypark site to function optimally for events, particularly if the Arena is also to be extended in the future.

Legal Implications / Risks

13. These remain essentially as per the 14^th July 2025 report. Earthquake strengthening is required to the Mainstand by 2041 and North Stand by 2053. Legal, health and safety and insurance liabilities are addressed through the sublease and sale documentation with primary responsibility during the lease term with SRL to minimise any ongoing liabilities to Council. SRL is required to maintain the North Stand in a safe and legally compliant condition throughout the lease term, at its own cost. Ownership of the North Stand and associated assets will automatically vest in Council at the end of the lease term in 2039, unless otherwise agreed. The expectation is that all assets and attendant liabilities will revert to Council in 2039 unless other contractual arrangements are made prior.

14. While SRL is responsible for the North Stand and associated improvements, the Mainstand and parts of the Baypark site will remain under the control of Bay Venues and continue to serve multiple users. This will require proactive operational coordination and clarity of responsibilities across parties.

15. The termination rights under the sublease provide some mitigation of commercial viability risk, including Council’s ability to end the arrangement in 2030 or 2035.

16. The new agreement represents a transition away from previous commercial agreements, including the direct agreement between Bay Venues and the Bay of Plenty Speedway Association. The agreement with SRL grants right of first refusal to the Association in the event of early termination and addresses ongoing collaboration matters between those parties.

TE AO MĀORI APPROACH

17. Nga Potiki’s submission received during the community consultation did not support the proposal. Through the development of the Baypark Masterplan, an initial cultural narrative of the site was developed with Nga Potiki and the intention is that will be woven into design components through site development works.

CLIMATE IMPACT

18. No Specific climate impact assessment has been undertaken. Speedway by its nature is a high carbon dioxide emitting activity. However, at 10-15 race meetings per annum, its climate impact is considered to be small. There will be continued vehicle movements to and from the site on race days by event patrons

Consultation / Engagement

19. Consultation with the community was undertaken In May – June 2025.

Attachments

1. Baypark Speedway suite of agreements - A19498955 - Public Excluded (Separate Attachments 1)

2. Attachment 2 - Occupancy areas plan - A19498956 ⇩

Ordinary Council meeting Agenda

16 December 2025

11.7 Risk Appetite Report - December 2025

File Number: A19379706

Author: Chris Smith, Risk and Business Continuity Advisor

Chris Quest, Manager: Risk & Assurance

Authoriser: Alastair McNeil, Acting COFO - Commercial & General Counsel

Purpose of the Report

1. The purpose of this report is to present, for Council’s consideration, the preliminary risk appetite statements as endorsed by the Audit & Risk Committee (17 November 2025, AR/25/4/3).

2. Additionally, the report benchmarks Tauranga City Council’s preliminary risk appetite against that of other major New Zealand Councils.

Recommendations

That the Council:

(a) Receives the report "Risk Appetite Report - December 2025".

(b) Notes that the risk appetite for the environmental risk consequence category has been changed from moderate to low (Audit & Risk Committee resolution AR/25/4/3).

Executive Summary

3. This report presents the outcomes of the August 2025 Risk Appetite Workshop and submits preliminary risk appetite statements for Council adoption, as endorsed by the Audit & Risk Committee on 17 November 2025 (AR/25/4/3).

4. Key points for the Council’s attention:

(a) Risk appetite profile: The Council’s preliminary risk appetite is cautious in critical areas such as health and safety, legal compliance, and technology (cybersecurity), and moderate in areas supporting strategic objectives, including finance, service delivery, and reputation. There is no appetite to take on high levels of risk.

(b) Out-of-appetite risks: based on a desktop exercise of applying preliminary appetite positions to the corporate risk register, finance, technology, and health & safety risks would be assessed as exceeding Council’s preliminary appetite. A 12-month reporting cycle will be implemented to assess council corporate risk in relation to the preliminary risk appetite statements. This process will further clarify tolerance levels and consequences, with findings reported to the Audit & Risk Committee.

(c) Governance alignment: the preliminary risk appetite position was developed with elected members and tangata whenua member participation, achieving consensus and alignment with sector best practice.

(d) The Council is invited to adopt the preliminary risk appetite position and corresponding risk appetite statements and recommend formal adoption and integration into the Risk Management Framework.

This will provide the opportunity for reporting enhancements and the introduction of explicit ‘out-of-appetite’ markers and development of a risk appetite dashboard in quarterly reports – strengthening oversight and ensuring timely escalation of key risks to the Audit & Risk Committee.

5. The Council’s attention is particularly drawn to the need for robust oversight of out-of-appetite risks and the importance of embedding the new risk appetite framework into operational practice to support effective governance and decision-making.

Background

6. Workshop overview

(a) On 4 August 2025, a closed workshop was held with elected members, senior leaders, tangata whenua representative and the Risk & Assurance team. The session, aligned with Council policy and ISO 31000:2018, focused on defining risk appetite across thirteen risk consequence categories. The Office of the Auditor General’s guidance on risk appetite also informed the process.

(b) Key outcomes:

(i) All risk categories were rated as low or moderate appetite; none were assigned “high”.

(ii) Minimal risk tolerance was agreed for health and safety, legal compliance, and reputation, reflecting sector standards.

(iii) Moderate appetite was accepted for financial, strategic, and operational risks, supporting innovation and prudent progress.

(iv) Technology (cybersecurity) risks were set at low appetite, prioritising robust safeguards.

(c) Consensus was reached through structured discussion, resulting in a preliminary risk appetite profile that will guide future decision-making and formal adoption.

7. The workshop established a preliminary risk appetite framework that mirrors the Council’s strategic vision – encouraging positive risk-taking for community benefit, while protecting what matters most: people, finances, legal compliance, and reputation.

8. Comparative review of risk appetite – Tauranga City Council preliminary position vs. other New Zealand Councils:

(a) To provide meaningful context for the preliminary risk appetite, we undertook a benchmarking exercise with peer councils (refer to confidential attachment 2, Audit & Risk Committee meeting, 17 November 2025). Risk appetite levels were compared across thirteen common risk categories using a simplified scale (none/low/moderate/ high).

(b) This approach draws on published risk management policies and reports; and aligns with international frameworks (ISO 31000) and Office of the Auditor-General guidance, supporting shared learning and sector best practice.

9. Risk Appetite differences - examples

(a) Financial: all five Councils are conservative on financial risk. Council’s preliminary position is moderate, focusing on prudence and sustainability. Our interpretation is that major metropolitan Councils maintain a low-risk appetite for matters affecting sustainability. While others are slightly more open to moderate risk in controlled scenarios.

(b) Regulation – external: Council’s preliminary position accepts minor, promptly resolved breaches of external regulations, while comparison Councils enforce strict legal compliance with little or no tolerance for breaches.

(c) Service delivery: the initial stance for service delivery is moderate, allowing limited risk in service disruptions to support innovation, provided essential services are protected and prolonged outages are avoided. Most peer councils maintain a low-risk appetite.

(d) Environmental: the original preliminary risk appetite is moderate with caveats, allowing minor reversible impacts if necessary for a project. But no tolerance for irreversible harm. Major metropolitan Councils publicly state low appetite, but in practice all Councils prioritise environmental stewardship and caution. [Noting Audit & Risk Committee resolution AR/25/4/3 with a change to the preliminary from moderate to low appetite].

10. Overall, the preliminary risk appetite profile is broadly consistent with national standards and the approaches adopted by peer Councils. The Council’s preliminary position reflects sector norms, with low appetite in critical areas such as health and safety, legal compliance, and technology (cybersecurity), and moderate appetite in areas supporting strategic and community objectives. This alignment provides a foundation to formally endorse the risk appetite statements that are both externally credible and suitable for operational implementation across the organisation.

11. Establishing risk appetite statements creates a unique opportunity for Council to also define opportunity statements. By adopting a moderate preliminary position on strategic and opportunity-driven risks, Council can pursue innovation and organisational change through calculated risk-taking. Over time, this approach enables the development of clear opportunity guardrails, ensuring progress is balanced with prudent oversight.

Statutory Context

12. This report is prepared in accordance with Council’s risk management policy, which requires the Council to define and periodically review its risk appetite. This approach aligns with ISO 31000:2018 (Risk Management Guidelines) and incorporates guidance from the Office of the Auditor-General, which emphasises the importance of clearly articulated risk appetite to support effective governance and decision making by local authorities.

STRATEGIC ALIGNMENT

13. 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	ü
We are a well-planned city that is easy to move around	ü
We are a city that supports business and education	ü
We are a vibrant city that embraces events	ü

14. The recommended risk appetite statements directly support Tauranga City Council’s community outcomes. By developing a balanced and prudent approach to risk, the appetite framework:

(a) Contributes to an inclusive city by ensuring decisions consider the wellbeing and safety of all residents.

(b) Supports the protection and enhancement of the environment through careful management of environmental risks.

(d) Facilitates ease of movement around the city by supporting reliable service delivery and infrastructure planning.

(e) Encourages a city that supports business and education by allowing for calculated risks that foster economic growth and learning opportunities.

(f) Promotes Tauranga as a vibrant city that embraces events by providing clear risk boundaries that enable confident, well-governed decisions and supports successful event delivery.

Options Analysis

15. An options analysis is not required for this report, as the recommended risk appetite framework is based on sector benchmarking, statutory guidance, and consensus from the Council’s recent workshop, with no alternative approaches identified for consideration at this stage.

Financial Considerations

16. Not applicable.

Legal Implications / Risks

17. The report provides a preliminary risk appetite profile, which, once adopted, may have broad legal, governance, and operational implications for the council’s risk management practices.

Consultation / Engagement

18. Consultation or wider engagement is not required for this report, as it presents preliminary risk appetite statements for internal governance consideration only and does not propose changes to policy or service delivery at this stage.

Significance

19. 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.

20. 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.

21. In accordance with the considerations above, criteria and thresholds in the policy, while the issue itself is of high significance, the decision proposed in this report is assessed as having low significance under Council’s policy.

ENGAGEMENT

22. 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

23. Staff to develop a 12-month risk reporting cycle based on preliminary risk appetite statements to clarify tolerance levels and consequences, reporting to the Audit & Risk Committee.

24. Staff to append the preliminary risk appetite statements to the current Risk Appetite Framework.

25. Staff to add the preliminary risk appetite position to the digital enterprise risk management system (Camms, rebranded to Riskonnect).

Attachments

1. Attachment 1 - Risk Appetite Statements - A19423240 ⇩

Ordinary Council meeting Agenda

16 December 2025

11.9 Regulatory Hearings Panel term and appointment process

File Number: A18997224

Author: Sarah Holmes, Team Leader: Governance & CCO Support Services

Anne Payne, Principal Strategic Advisor

Jeremy Boase, Head of Strategy, Governance & Climate Resilience

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

Purpose of the Report

1. This report outlines a proposed change to the appointment term for members of the Regulatory Hearings Panel and provides a proposed appointment process for one new member of the Panel.

Recommendations

That the Council:

(a) Receives the report "Regulatory Hearings Panel term and appointment process".

(b) Extends the contract term of all four current Regulatory Hearings Panel members and chairperson to 3 April 2026.

(c) Appoints one new member to the Regulatory Hearings Panel by late March 2026, for the period of 6 April 2026 to the end of this Council’s term in October 2028.

(d) Re-appoints three existing members and/or chairperson to the Regulatory Hearings Panel from 6 April 2026 with rolling expiry dates to ensure continuity of expertise.

Executive Summary

2. Council’s Regulatory Hearings Panel (the Panel) is delegated to hear and make decisions on specific regulatory matters, most commonly dog control or swimming pool fencing matters, where affected members of the community disagree with decisions made under delegated authority by council staff.

3. The Panel was established by the previous Council in March 2021 and holds four or five hearings processes each year, depending on demand. The same four Panel members have been in place since the Panel’s establishment, with a number of contract extensions during that time. Current contracts will expire on 31 December 2025.

4. This Council has signalled its intention to retain the Panel for the remainder of this Council term in October 2028, and that it wishes to ensure continuity of knowledge and expertise on the Panel by introducing a rolling expiry date for Panel members’ contracts and appointing one new Panel member in the near future.

5. This report provides a process for achieving these aims, for Council’s consideration and approval with any changes as advised at this meeting. The current Panel terms of reference and Panel member position description are provided as attachments to this report.

Background

6. The Regulatory Hearings Panel (the Panel) was established by the previous Council on 29 March 2021, replacing the disestablished Regulatory Hearings Committee.

7. Hearings and decision-making roles for regulatory matters are delegated to the Panel by the Regulatory Hearings Panel terms of reference. This delegation excludes Resource Management Act 1991 and sale of alcohol matters, which cannot be delegated. The terms of reference also allow the Panel to make recommendations to the Council if it considers it appropriate to do so.

8. In practice, the Panel normally hears and makes decisions on dog control matters, and occasionally swimming pool fencing matters, where decisions by authorised council staff are disputed and a hearing is requested.

9. The current terms of reference and delegations for the Panel are provided as Attachment 1 to this report.^{^[1]}

10. The Panel currently comprises an appointed chairperson (Mary Dillon) and three appointed members (Puhirake Ihaka, Terry Molloy, and Alan Tate), all of whom were appointed at the establishment of the Panel in March 2021. The original terms of appointment were until such time as the Panel is discharged or for a three-year period to 31 March 2024. Subsequent contract extensions have been made to 30 September 2024, 30 September 2025, and most recently to 31 December 2025.

11. The 2021 appointment process was that the Chief Executive approached suitable candidates who met the position description attributes to confirm that each would be happy to be appointed to the new Panel. The previous Council then appointed the Panel members at the recommendation of the Chief Executive. (Note that references to Panel members includes the chairperson).

12. The position descriptions for the Panel chairperson and members are fundamentally the same, with the only differences being role titles (‘chairperson’ vs ‘member’). The current position description for Panel members is provided as Attachment 2 to this report.

discussion

13. The current Panel members are well recognised by council staff, Elected Members and the wider community for their dedication, professionalism and competency. All four have been in their roles for four and a half years, with a number of contract extensions made during that time.

14. The Council has signalled that it wishes to retain a Regulatory Hearings Panel for the remainder of this term of Council, provide greater certainty of term to the Panel members and ensure continuity of expertise on the Panel over time. To this end Council’s intention is to:

(a) Extend all current Panel members’ contracts to 3 April 2026, with the agreement of the parties involved, while seeking expressions of interest for one Panel member to step down at that time;

(b) Run a process to appoint a new panel member by late March 2026, for a term from 6 April 2026 to the end of this Council’s term in October 2028.

(c) Renew the remaining three Panel members’ contracts with rolling expiry dates, for example of 6 October 2026, 6 April 2027, and 6 October 2027, to ensure continuity of expertise on the Panel.

15. Proposed key steps and timeframes for this appointment process are:

Step	Timeframe
Extend all current Panel members’ contracts to 3 April 2026	17 to 24 December 2025
Advertise one Panel role with a term of 6 April 2026 to the end of this Council’s term in October 2028	22 December 2025 to 9 February 2026
Interview for short-listed applicants through to provisional appointment Staff recommend a two-person interview panel comprising the General Manager: Community and Regulatory Services and one Elected Member.	16 to 27 February 2026
Report to Council recommending appointment of four Panel members including a chairperson from 6 April 2026, with rolling expiry dates through to the end of this Council’s term in October 2028.	26 March 2026
New Panel commences	6 April 2026

16. Staff consider that the existing terms of reference and position description for the Panel (Attachments 1 and 2 to this report, respectively) remain current and appropriate for the Panel. Feedback from the Council or individual elected members on the content of these documents is also welcome.

17. Under a rolling contract expiry regime Panel members would not be required to step down at the end of their contracted term but would need to re-apply for their position on the Panel alongside any other interested candidates.

18. It is recommended that the Chief Executive is given delegated authority to determine the contractual terms and conditions of appointment, and the remuneration of the Panel members. The Panel’s remuneration rate is currently based on the Remuneration Authority’s determination for local government members hearing fees for Resource Management Act hearings, which is currently $116 per hour for the chairperson and $93 per hour for members (excluding GST).

Statutory Context

19. The Panel is a subordinate decision-making body of Council, i.e. neither a committee or a sub-committee of Council, under the Local Government Act 2002, Schedule 7, Clauses 30 and 32.

20. Other than standing orders specific to a committee or sub-committee, the Council’s Standing Orders apply to the Panel because it has the power to make decisions on Council’s behalf.

STRATEGIC ALIGNMENT

21. The Regulatory Hearings Panel 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 that is easy to move around	☐
We are a city that supports business and education	☐
We are a vibrant city that embraces events	☐

22. The Regulatory Hearings Panel provides the community with an avenue to dispute regulatory decisions made by approved council staff members. This contributes to an inclusive city by enabling community members to be heard by their council.

Options Analysis

Option 1: Proceed with the process outlined in this report

23. Council extends the current Panel to 3 April 2026, then appoints one new Panel member and reappoints three of the four current Panel members from 6 April 2026 with rolling expiry dates through to the end of the current Council’s term in October 2028.

Advantages

Disadvantages

· Provides certainty for the current Panel members about the future of the Panel and their potential role in it

· Provides continuity of knowledge and expertise through staggered contract expiry dates for Panel members, rather than the current situation where all contracts expire at the same time

· Provides Council and the community with a stable Panel through to the end of the Council’s term in October 2028.

· Loss of the knowledge and expertise of one current Panel member in early April 2026

· Council will need to run several advertising and appointment processes for new Panel members during the remainder of this Council’s term.

Option 2: Do not proceed with the process outlined in this report

24. Council does not proceed, or proceeds with part(s), of the process outlined in this report (for example continuing with short- or long-term extensions to the current Panel’s term and/or not appointing one new Panel member and/or not introducing rolling expiry dates through to the end of this Council’s term in October 2028).

Advantages

Disadvantages

· Retains the knowledge and expertise of all four Panel members for as long as each wish to serve on the Panel

· Panel appointment processes only required when a Panel member steps down.

· Ongoing uncertainty for current Panel members about the future of the Panel and their role in it

· Risks loss of knowledge and expertise in the event that more than one Panel member steps down at the same time, potentially leading to a less effective Panel until knowledge and expertise is built up again.

Financial Considerations

25. There are no additional financial considerations arising from the recommendations of this report, as the Regulatory Hearings Panel is already in place and fully budgeted. Recruitment costs will depend on the approach to advertising taken but are not expected to be more than minor and can be met by the governance services budget.

Legal Implications / Risks

26. There are no additional legal implications arising from the recommendations of this report.

27. The recommendations of this report seek to reduce the risk of loss of Panel expertise inherent in all Panel members’ terms expiring at the same time, by introducing a rolling expiry date for each Panel member’s term.

Consultation / Engagement

28. The proposed approach will need to be discussed with each of the current Panel members and chairperson individually following a Council decision.

29. Advertising for the new Panel member and associated promotion will raise awareness of the opportunity within some parts of the community.

30. No further community engagement or consultation is proposed.

Significance

31. 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.

32. 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.

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

ENGAGEMENT

34. 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

35. Implement the process as outlined in this report, with any changes as directed by Council at this meeting.

Attachments

1. Regulatory Hearings Panel Terms of Reference, November 2025 - A19410207 ⇩

2. Regulatory Hearings Panel member position description - A19410205 ⇩

Ordinary Council meeting Agenda

16 December 2025

11.12 Report for the adoption of draft Trade Waste Bylaw for consultation

File Number: A17659688

Author: Radleigh Cairns, Manager: Drainage Services

Jennifer Ross, Policy Analyst

Authoriser: Reneke van Soest, General Manager: Operations & Infrastructure

Purpose of the Report

1. To approve the draft Trade Waste Bylaw 2026 and Statement of Proposal for consultation.

Recommendations

That the Council:

(a) Receives the report "Report for the adoption of draft Trade Waste Bylaw for consultation".

(b) Notes the Bylaw Review Plan for Trade Waste Bylaw (Attachment One) developed to meet the requirements of section 263(4)(d) of the Local Government (Water Services) Act 2025.

(c) Approves the proposed draft Trade Waste Bylaw (Attachment Two) and the Statement of Proposal (Attachment Three) for community consultation.

(d) Delegate to the General Manager: Operations & Infrastructure the ability to make any minor edits or amendments to the draft Trade Waste Bylaw 2026 or Statement of Proposal to correct any identified errors or typographical edits prior to consultation.

Executive Summary

2. Tauranga City Council’s Trade Waste Bylaw (Trade Waste Bylaw) was first adopted in 2004 and was last reviewed in 2019. The bylaw aims to protect the wastewater network by regulating the discharge of contaminants, ensuring it protects public health and the environment from the effects of trade waste discharges, manages the capacity of the wastewater network, and enables compliance with Tauranga City Council’s resource consents relating to the discharges associated with wastewater. The bylaw empowers the council to require treatment works, charge for additional demand on wastewater treatment plant, monitor discharges, enforce consents (now called permits under the Local Government (Water Services) Act 2025 (Act)), and impose penalties for breaches.

3. This review of the Trade Waste Bylaw has been completed in accordance with the Act which came into effect on 27 August 2025.

4. The power to make a Trade Waste Bylaw remains with Tauranga City Council under the Act, regardless of whether the wastewater services it relates to are provided directly by Tauranga City Council or a separate entity.

5. The Act requires that Tauranga City Council undertake a review of the bylaw and develop a Bylaw Review Plan. It is proposed that this bylaw review be completed in accordance with the Bylaw Review Plan for Trade Waste Bylaw (Attachment One).

6. The updated bylaw will strengthen trade waste operations now and into the future. It also supports continuity in how we deliver trade waste and wastewater services during the transition to a new water organisation.

7. Processing trade waste through the wastewater network and treatment plants incurs higher costs than domestic waste, yet under the current bylaw, only the largest contributors pay trade waste fees, resulting in domestic users subsidising business waste processing. To promote fairer cost allocation, the proposed bylaw introduces a new “controlled discharges” category, requiring businesses with higher volumes of permitted trade waste to obtain permits and pay fees that help recover the associated processing and administration costs (clauses 5 and 6.1 of the draft bylaw). The permit fees form part of the User Fees and Charges Review which will go to public consultation at a similar time to this bylaw in early 2026.

8. A number of other trade waste management challenges and opportunities have also been identified through this review therefore the following changes are proposed to address these, including:

(a) Updating terminology for consistency with the Act, for example, using the term water service provider^{^[3]} and replacing consents with permits (clause 5 definitions).

(b) Introducing provisions to administer the permit process, including applications, granting, renewing, reviewing, transferring, terminating and transitioning from consents to permits (clauses 7 to 12 and 17).

(d) Being more prescriptive about pre-treatment requirements and mass limits on trade waste discharges (clause 15).

(e) Providing clarity on sampling, analysis and monitoring of trade waste discharges (clause 16).

(f) Strengthening requirements for reporting of accidents and responses to them and incorporating infringement offences, to encourage compliance with the bylaw, in accordance with section 269 of the Act (clause 18).

(g) Updating provisions for prescribing and recovering fees and charges to reference both the Act and continuing Local Government Act 2002 requirements (clause 19).

(h) Empowering the use of compliance orders under the Act (clause 20).

(i) Updating the technical schedules to reflect current best practice and industry standards (Schedules).

9. Based on the proposed classification of trade waste discharges into four categories, a revised fee structure for Trade Waste permits and discharges is proposed. Introducing a more equitable, graduated user-pays approach. If adopted following consultation, this new structure and associated fees are projected to generate additional revenue from controlled discharge permits - approximately $130,000 in 2027, increasing to $210,000 in 2028 and $300,000 in 2029. While these changes will improve cost recovery for managing Trade Waste, they will also have a financial impact on smaller businesses that currently do not contribute to the costs associated with assessing and monitoring their trade waste discharges and treatment devices.

10. The Council are asked to adopt the proposed draft Trade Waste Bylaw for consultation using the special consultative procedure, as required by the Act.

11. If the Council decides to adopt the draft Trade Waste Bylaw (Attachment Two) and Statement of Proposal (Attachment Three), the consultation will be carried out in early 2026.

Background

12. Tauranga City Council is responsible for ensuring that the wastewater network is managed in a way that meets our regional consent conditions, protects the environment and maintains public health and safety. Trade Waste Bylaw provisions help to manage discharges into the wastewater network by regulating potential pollutants and protecting wastewater assets from damage or exceeding wastewater treatment plant capacity to comply with our regional consent conditions.

13. Under the Act, Tauranga City Council retains the power to make waters bylaws for this city, however the wastewater services will be delivered by a water services provider, which may be either Tauranga City Council directly or through a separate water services organisation. Regardless of who the water service provider is, bylaw provisions help to manage the public wastewater network by regulating potential pollutants and protecting public wastewater assets from damage or misuse.

14. As part of the transition of water services and associated bylaws to the Act, sections 263(4)(d) and 263(6) of the Act require that a Bylaw Review Plan be developed. The draft Bylaw Review Plan for Trade Waste Bylaw (Attachment One) has been prepared for compliance with the Act and provides details and dates of the steps for completing this review process.

15. The updated bylaw is designed to ensure trade waste discharges into Tauranga City Council’s wastewater network remain managed in accordance with new legislative requirements, regardless of future changes to water service delivery structures.

16. Our review involved input from internal business units including Water Drainage Services, City Waters Planning, and Takawaenga Māori Unit. Additionally, we emailed businesses that have had a Trade Waste consent or inspection to request input into the review and met with the Te Rangapū Mana Whenua o Tauranga Moana policy subcommittee (Te Rangapū policy subcommittee).

Bylaw issues

17. The review process was initiated to address key issues with:

(a) the allocation and recovery of costs for processing trade waste through the wastewater network, and

(b) alignment with current industry best practices for managing trade waste discharges.

18. Processing trade waste through the wastewater network and wastewater treatment plants is more expensive than processing domestic waste. Under the current bylaw, only the businesses that produce the highest volume and load of trade waste discharges are paying trade waste fees. In effect, domestic users are subsidising businesses for the cost of processing their trade waste through the wastewater network.

19. To more fairly share the cost of processing trade waste, it is proposed that discharges of higher volumes of permitted trade waste will be part of a new category of discharges called “controlled discharges” and businesses will be required to obtain a permit to make controlled discharges. Subject to the User Fees and Charges Review in early 2026, a fee may be set to help recover the costs associated with these controlled trade waste discharges.

20. Through the review process, the other identified issues with the bylaw include:

(a) outdated legislative references with the introduction of the Act

(b) challenges with recovering the increased costs of monitoring and inspecting business sites

(d) delayed or incomplete reporting of accidents and breaches.

21. The opportunities associated with this review of the bylaw include:

(a) updating the approach to classification and management of trade waste discharges for industry best practice

(b) enabling fairer allocation of the costs of processing trade waste to the businesses discharging trade waste

(i) trade waste permits,

(ii) compliance orders, and

(iii) infringement notices

(d) acknowledging the relationship between the strategies Tauranga City Council has developed in collaboration with tangata whenua and how trade waste is managed to ensure the quality of wastewater discharges into the environment.

Proposed changes to bylaw

22. A number of changes to the bylaw are proposed to address the issues identified through the review and ensure alignment with best practice. Those changes are incorporated into the draft Trade Waste Bylaw (Attachment Two). The details of change from the three category consent process to the four category permit process are highlighted in Table One. An overview of the changes to the bylaw is presented in Table Two.

Table One: Change to Permitted Categories

Current Bylaw

Draft Bylaw

Council Consents Issued

Trade Waste Permits Issued

Three categories of Trade Waste:

1. Permitted (no consent required) Includes discharges that have permitted characteristics.

2. Conditional (consent required) Includes discharges with high flow or high loading above the allowed discharge characteristics that put additional pressure on the network and treatment plant processes.

3. Prohibited (never consent) Any discharge that may cause harm to the wastewater network, staff, be toxic to fish, animals or plant life after treatment or cause breaches of resource consents.

Four categories of Trade Waste Discharges:

1. Allowed (no permit required) Includes discharges that have permitted characteristics and are in low volumes.

2. Controlled (permit required) Includes discharges with characteristics that require pre-treatment such as grease traps and wastewater interceptors to manage impact on the network. E.g. restaurants and those with wash bays.

3. Conditional (permit required) Includes discharges with high flow or high loading above the allowed discharge characteristics that put additional pressure on the network and treatment plant processes.

4. Prohibited (never permit) Any discharge that may cause harm to the wastewater network, staff, be toxic to fish, animals or plant life after treatment or cause breaches of resource consents.

Table Two: Key Proposed Changes to the Trade Waste Bylaw

Proposed Change	Reason
Change references from the Local Government Act 2002 to the Local Government (Water Services) Act 2025 as applicable.	The Local Government (Water Services) Act 2025 came into force on 27 August 2025.
Update clause 4. Reframe the purpose of the bylaw.	To better reflect how this bylaw aligns with Tauranga City Council strategies, includes industry best practice for trade waste management and encourages a proactive approach to protecting our wastewater network. Responding to feedback received from stakeholders.
Modify clause 5. Insert and update definitions.	To align with current practice, define new discharge categories, and the terminology of the Act. For example, referring to a water service provider which may be either Tauranga City Council or a separate organisation.
Modify clauses 5 and 6.1. Classification of discharges.	To enable fairer allocation of the costs of processing trade waste through the wastewater network using a more graduated classification system for trade waste discharges and utilising the introduction of permits under the Act. Table One details this change.
Insert clauses 7, 8, 9, 10 and 17. Modify clauses 11 and 12. Permit administration.	To introduce provisions to administer the new permit process in accordance with the Act, including applications, granting, renewing, reviewing, transferring, terminating and transitioning from consents to permits.
Insert clause 13. Hazardous Materials.	To clarify requirements for the management of hazardous materials to protect the wastewater network.
Insert clause 14. Tankered Waste.	To clarify requirements for the management and discharge of tankered waste to protect the wastewater network.
Insert clause 15. Pre-treatment and mass limits.	To be more prescriptive about pre-treatment requirements and mass limits on trade waste discharges, encouraging cleaner production and protection of the wastewater network.
Insert clause 16. Monitoring.	To provide greater clarity about sampling, analysis and monitoring of trade waste discharges.
Insert clause 18.1. Accidents.	To encourage better reporting of accidents and responses to them.
Insert clause 18.3. Infringement offences.	To enable Tauranga City Council or the water service provider to issue infringement notices and fees, encouraging compliance with the bylaw, in accordance with section 269 of the Act.
Update clause 19. Fees and charges.	Updating provisions for better recovery of costs, fees and charges. To reference both the Act and continuing Local Government Act 2002 requirements.
Insert clause 20. Compliance orders.	To enable Tauranga City Council or the water service provider to serve compliance orders under section 297 of the Act.
Update Schedule One. Characteristics of Allowed Discharges.	Moved from the body of the bylaw and updated to reflect the refined classification categories for trade waste discharges and provide current description of the technical characteristics of allowed trade waste discharges.
Update Schedule Two. Characteristics of Prohibited Discharges.	Moved from the body of the bylaw and updated to reflect current descriptions and technical characteristics of prohibited discharges.
Insert Schedule Three. Permit criteria and conditions.	To support transparency in the permit process.

Statutory Context

23. The ability for Council to make a bylaw comes from legislation, this bylaw is made under section 258 of the Act. This new act directs territorial authorities to the Local Government Act 2002 in respect of the bylaw making process and consultation requirements.

24. The legislation requires that the special consultative procedure must be used when amending a bylaw unless the proposed changes are minor or are correcting errors.

STRATEGIC ALIGNMENT

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

	Contributes
We are an inclusive city	☐
We value, protect and enhance the environment	ü
We are a well-planned city that is easy to move around	ü
We are a city that supports business and education	ü
We are a vibrant city that embraces events	☐

26. The bylaw aligns with three of the above community outcomes. It contributes to:

(a) valuing, protecting and enhancing the environment by ensuring that trade waste is managed to support an effective wastewater network;

(b) a well-planned city by setting the expectation that our trade waste is managed in accordance with trade waste and wastewater industry standards; and

(c) being a city that supports business by providing the framework for Tauranga City Council to work with businesses that operate using appropriate trade waste management methods to ensure effective wastewater treatment.

Options Analysis

27. The table below sets out the advantages and disadvantages of approving the proposed draft amended Trade Waste Bylaw and Statement of Proposal for consultation.

Table Two: Trade Waste Bylaw Options

Option

Advantages

Disadvantages

Approve the draft updated Trade Waste Bylaw and Statement of Proposal for community consultation.

Recommended

· Provides opportunity for wider community to give feedback on the draft Trade Waste Bylaw.

· Allows Council to continue to support trade waste management and protect the wastewater network.

· Responds to feedback received from key stakeholders, including Te Rangapū policy subcommittee.

· Meets obligations, in relation to wastewater, to protect, promote and maintain public health and safety, protect the local environment, and to comply with the conditions of our resource consents.

· Supports greater cost recovery from those that place higher demands on the wastewater network or do not comply with bylaw provisions

· Ensures legal requirements of reviewing the bylaw are met.

· Resources will be used for the required consultation process.

· Subject to the outcome of consultation, the costs to businesses producing trade waste may increase.

· Subject to the outcome of consultation, the costs to trade waste dischargers that do not comply with bylaw provisions may increase.

· Bylaws under the Act are new and untested.

Retain the current bylaw and do not approve the draft updated Trade Waste Bylaw and Statement of Proposal for community consultation.

· No resources will need to be used for consultation.

· The draft Trade Waste Bylaw could be approved later if more analysis or research is required prior to approving a draft for consultation.

· Allows time to determine the future organisation for the delivery of wastewater services.

· No amendments from the outcome of the review will be included.

· Potential improvements in cost recovery will be delayed.

· Delays the initial bylaw review which must be done by 26 August 2027 to meet statutory timeframes under the Act.

· Requires amendment of the Bylaw Review Plan for the Trade Waste Bylaw.

Financial Considerations

28. The costs of developing the bylaw will be funded from the existing policy and bylaws budget.

29. Subject to the outcomes of consultation, the proposed updates to the bylaw provide a more graduated approach to managing and charging for the costs associated with processing and managing trade waste from the businesses that making trade waste discharges into the wastewater network.

30. A new fee structure is also proposed in 2026 for Trade Waste permits and discharges to be more equitable by providing a more graduated user pays approach. Subject to the new fee structure being adopted following the User Fees and Charges Review, extra revenue from controlled discharge permits is expected to be in the vicinity of $130,000 in 2027, rising to $210,000 in 2028 and $300,000 in 2029. While better recovering the costs associated with managing Trade Waste, this will have a financial impact on smaller businesses who currently do not pay anything towards the costs of assessing and monitoring their trade waste discharges and treatment devices.

Legal Implications / Risks

31. The review of this bylaw is well within the statutory timeframes set under the Act which requires that the Trade Waste Bylaw be reviewed by 27 August 2027.

32. While there is always legal uncertainty complying with a new piece of legislation, the legal risk associated with this proposed Trade Waste Bylaw is generally the same as any bylaw. This includes the risk of the repeal of the empowering act.

33. As Tauranga City Council’s Water Services Strategy is still under development, there is a risk of misalignment with that strategy. However, any bylaw is at risk of requiring a review due to future strategic or political change.

34. There is a risk that the bylaw will be perceived negatively by businesses and the wider community as it imposes permit and compliance requirements and associated costs on them. This risk will be managed through effective engagement and consultation, together with an education approach to enforcement where reasonable.

TE AO MĀORI APPROACH

35. In our meetings with the Te Rangapū policy subcommittee the committee members identified a lack of recognition of tangata whenua voice and te ao Māori in the Trade Waste Bylaw 2019. Their feedback is summarised in the Report on Feedback Received from Te Rangapū policy subcommittee (Attachment Four).

36. By its pollution prevention nature, the Trade Waste Bylaw supports Kaitiakitanga of the built environment (Taiaohanga) and the health of the wai and waterways. This support will be recognised in the updated bylaw by incorporating terminology that acknowledges it into the purpose clause.

37. The approach set out in the proposed draft bylaw aligns with the principles of Manaakitanga – a strong duty of care and safety for our people, keeping our wastewater network effective and ensuring the discharges from our wastewater network to the environment are safe, and Kaitiakitanga – stewardship of the natural environment, protecting it from contaminated wastewater discharges. Acknowledging the relationship between the strategies Tauranga City Council has developed in collaboration with tangata whenua and the way Tauranga City Council will protect our environment from contaminated wastewater discharges.

CLIMATE IMPACT

38. This bylaw supports the protection of wastewater infrastructure which contributes to Tauranga’s ability to be resilient to the changing weather conditions associated with a changing climate.

39. Broader climate adaptation efforts outlined in the Tauranga Climate Action & Investment Plan 2023-2033 include protecting wastewater infrastructure as part of Tauranga’s critical assets vulnerable to climate-induced hazards like flooding and coastal inundation. This emphasises the importance of resilient infrastructure planning, including wastewater networks, to manage risks from extreme weather events and changing rainfall patterns.

40. Ensuring that Trade Waste is discharged responsibly into Tauranga’s wastewater infrastructure prolongs the life and efficiency of these infrastructure assets.

Consultation / Engagement

41. As noted in paragraph 16, initial consultation and engagement has focused on gathering feedback from staff, mana whenua representatives, as well as many businesses in our community with existing trade waste consents or monitoring.

42. Given the technical nature of this bylaw, feedback from businesses and mana whenua representatives has been limited. These groups will have further opportunity to provide their insights on the Trade Waste Bylaw during the public consultation process which is required prior to the adoption of a bylaw.

Significance

43. 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.

44. 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.

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

ENGAGEMENT

46. Taking into consideration the above assessment, that the matter is of medium significance, and the consultation requirement in the Act, consultation using the special consultative procedure is required.

Next Steps

47. Following your decision, and subject to timing of other bylaw or user fees and charges consultation, public consultation would commence from February to March 2026, with hearings and deliberations scheduled following this in early 2026.

Attachments

1. Bylaw Review Plan for Trade Waste Bylaw - A19106749 ⇩

2. Draft Trade Waste Bylaw 2026 - A19421266 ⇩

3. Draft Statement of Proposal - A19437749 ⇩

4. Report on Feedback from Te Rangapu Mana Whenua o Tauranga Moana policy subcommittee - A19421968 ⇩

Ordinary Council meeting Agenda

16 December 2025

11.13 Report for the adoption of draft Stormwater Bylaw for consultation

File Number: A17105063

Author: Jennifer Ross, Policy Analyst

Radleigh Cairns, Manager: Drainage Services

Authoriser: Reneke van Soest, General Manager: Operations & Infrastructure

Purpose of the Report

1. To consider the approval of the draft Stormwater Bylaw 2026 for consultation and to adopt the Statement of Proposal.

Recommendations

That the Council:

(a) Receives the report "Report for the adoption of draft Stormwater Bylaw for consultation".

(b) Notes the Bylaw Review Plan for Stormwater Bylaw (Attachment One) developed to meet the requirements of section 263(4)(d) of the Local Government (Water Services) Act 2025.

(c) Approves the proposed draft Stormwater Bylaw (Attachment Two) and the Statement of Proposal (Attachment Three) for community consultation.

(d) Delegates to the General Manager: Operations & Infrastructure the ability to make any minor edits or amendments to the draft Stormwater Bylaw 2026 or Statement of Proposal to correct any identified errors or typographical edits prior to consultation.

Executive Summary

2. Tauranga City Council’s Stormwater (Pollution Prevention) Bylaw (Stormwater Bylaw) was first adopted in 2010 and was last reviewed in 2015. The bylaw aims to protect the environment, community health and the public stormwater network by regulating the discharge of contaminants, ensuring it is used solely for stormwater drainage, and preventing damage or alteration. The bylaw empowers the council to require treatment works, monitor discharges, enforce Pollution Prevention Plans, and impose penalties for breaches.

3. This review of the Stormwater Bylaw has been completed in accordance with the Local Government (Water Services) Act 2025 (Act) which came into effect on 27 August 2025.

4. The power to make a Stormwater Bylaw remains with Tauranga City Council under the Act, regardless of whether the stormwater services it relates to are provided directly by Tauranga City Council or a separate entity.

6. The updated bylaw will strengthen stormwater operations now and into the future. It also supports continuity in how we deliver stormwater services if they are transitioned to a new water organisation.

7. A number of stormwater management challenges have been identified through this review. Therefore the following changes are proposed to address these issues including:

(a) updating terminology for consistency with the Act, for example, using the term water service provider^{^[4]} (clause 5 definitions)

(b) clarifying that people are responsible for preventing pollution and reporting unauthorised discharges into the stormwater network (new clause 6.2 and 6.3)

(c) clarifying that compliance with the Infrastructure Development Code is required when constructing sections of stormwater network or vesting stormwater components in Tauranga City Council (part of new clause 7)

(d) inserting approval process requirements of s150 of the Act in respect of connecting to the public stormwater network (part of new clause 7)

(e) supporting the protection of the stormwater network from damage, modification, interference and building over (new clause 11)

(f) clarifying that where there is a failure to undertake management options, treatment or works required by Tauranga City Council or the water service provider, the increased costs associated with inspections and monitoring may be charged to occupiers (new clause 8.3)

(g) clarifying that not providing a Pollution Prevention Plan is a breach of the bylaw, and may result in additional site inspections by the Tauranga City Council or the water service provider at the cost of the occupier and/or other enforcement action (amended clause 10.3)

(h) incorporating infringement offences, to encourage compliance with the bylaw, in accordance with section 269 of the Act.

8. The Council are asked to adopt the proposed draft Stormwater Bylaw for consultation using the special consultative procedure, as required by the Act.

9. If the Council decides to adopt the draft Stormwater Bylaw (Attachment Two) and Statement of Proposal (Attachment Three), the consultation will be carried out in early 2026.

Background

10. Tauranga City Council is responsible for ensuring that the public stormwater network is managed in a way that meets our regional consent conditions, protects the environment and maintains public health and safety. Under the Act, Tauranga City Council retains the power to make waters bylaws for this city, however the stormwater services will be delivered by a water services provider, which may be either Tauranga City Council directly or through a separate water services organisation. Regardless of who the water service provider is, bylaw provisions help to manage the public stormwater network by regulating potential pollutants and protecting public stormwater assets from damage or misuse.

11. As part of the transition of water services and associated bylaws to the Act, sections 263(4)(d) and 263(6) of the Act require that a Bylaw Review Plan be developed. The draft Bylaw Review Plan for Stormwater Bylaw (Attachment One) has been prepared for compliance with the Act and provides details and dates of the steps for completing this review process.

12. The updated bylaw is designed to ensure Tauranga City Council’s stormwater network remains managed in accordance with new legislative requirements, regardless of future changes to water service delivery structures.

13. The review process to date has identified a number of issues with the bylaw including:

(a) difficulty recovering costs when there is an unauthorised discharge of contaminants into the stormwater system

(b) issues with the condition, quality and durability of network components when they are connected to, or vested in, the Tauranga City Council stormwater network

(c) a lack of compliance with requests for, and implementation of, management options, treatment, works, and Pollution Prevention Plans

(d) increasing costs to monitor and inspect business sites

(e) a lack of cost recovery when components of the stormwater network are damaged.

14. Our review involved input from internal business units including Water Drainage Services, City Waters Planning, and Takawaenga Māori Unit. Additionally, we emailed businesses that have had a Pollution Prevention Plan to request input into the review and met with the Te Rangapū Mana Whenua o Tauranga Moana policy subcommittee.

15. In respect of responses to stormwater pollution events, most notifications about pollution events (171 in the last three years) are minor and cleared up on attendance (e.g. bike removed from waterway). Over the last three years there have been 39 stormwater pollution events attended by Tauranga City Council’s Pollution Prevention Officer. The cost of dealing with these events have ranged between $90 and $8,000. It has been possible to recover the costs from polluters in only a limited number of these events as the current bylaw does not provide mechanisms that are easy to use for cost recovery.

16. A number of changes to the bylaw are proposed to address the issues identified through the review and ensure alignment with best practice. Those changes are incorporated into the draft Stormwater Bylaw and are highlighted as tracked changes in the draft bylaw (Attachment Two). An overview of the changes are also presented in Table One.

Table One: Key Proposed Changes to the Stormwater Bylaw

Proposed Change	Reason
Remove “(Pollution Prevention)” from the name of the bylaw to “Stormwater Bylaw”.	To signal the wider purpose of the bylaw.
Change references from the Local Government Act 2002 to the Local Government (Water Services) Act 2025 as applicable.	The Local Government (Water Services) Act 2025 came into force on 27 August 2025.
Update clause 4. Reframe the purpose of the bylaw.	To better reflect how this bylaw aligns with Tauranga City Council strategies, includes industry best practice and encourages a proactive approach to supporting our stormwater network. Responding to feedback received from stakeholders.
Update clause 5. Insert and update definitions.	To align with current practice and the terminology of the Local Government (Water Services) Act 2025. For example, referring to a water service provider which may be either Tauranga City Council or a separate organisation.
Insert clauses 6.2 and 6.3. Prevention and reporting.	To require that people take reasonable steps to prevent pollution of the stormwater network and report unauthorised discharges into the stormwater network. Reinforcing the intention to prevent pollution events and addressing the issue that the recovery of costs associated with cleaning up events can be challenging.
Insert clause 7. Infrastructure Development Code.	To require compliance with the Infrastructure Development Code when constructing sections of stormwater network, vesting stormwater components in Tauranga City Council or the water service provider and connecting to the public stormwater network. Addressing issues with the condition, quality and durability of network components when they are connected to, or vested in, the Tauranga stormwater network. Specifying the three-step process required by section 150 of the Local Government (Water Services) Act 2025.
Insert clause 8.3. Cost recovery.	To clarify that where there is a failure to undertake management options, treatment or works required by Tauranga City Council or the water service provider, Tauranga City Council or the water service provider may charge occupiers for the costs associated with inspections and monitoring. Addressing issues with the increasing costs of monitoring and inspecting business sites, especially where there is a lack of compliance.
Insert a sentence in clause 10.3. Pollution Prevention Plan compliance.	To clarify that not providing a Pollution Prevention Plan is a breach of the bylaw. Addressing issues where there is a lack of timely compliance and challenges with cost recovery.
Insert clause 11. Network protection.	To protect the stormwater network from damage, modification, interference and building over. Addressing a lack of clarity about tampering with components of the stormwater network and the of cost recovery when components of the stormwater network are damaged.
Insert clause 12.2. Infringement offences.	To enable Tauranga City Council or the water service provider to issue infringement notices and fees, encouraging compliance with the bylaw, in accordance with section 269 of the Local Government (Water Services) Act 2025.

Statutory Context

17. The ability for Council to make a bylaw comes from legislation, this bylaw is made under section 258 of the Local Government (Water Services) Act 2025. This new act requires territorial authorities to use the bylaw making process and consultation requirements set out in the Local Government Act 2002.

18. The special consultative procedure must be used when amending or replacing a bylaw unless the proposed changes a minor or are correcting errors.

STRATEGIC ALIGNMENT

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

	Contributes
We are an inclusive city	☐
We value, protect and enhance the environment	ü
We are a well-planned city that is easy to move around	ü
We are a city that supports business and education	ü
We are a vibrant city that embraces events	☐

20. The bylaw aligns with three of the above community outcomes. It contributes to:

(a) valuing, protecting and enhancing the environment by ensuring that stormwater is not polluted and that the stormwater network is effective;

(b) a well-planned city by setting the expectation that our stormwater network is constructed in accordance with the Infrastructure Development Code; and

(c) being a city that supports business by providing the framework for Tauranga City Council or the water service provider to work with businesses that operate using potential pollutants to ensure pollution prevention.

Options Analysis

21. The table below sets out the advantages and disadvantages of approving the proposed draft amended Stormwater Bylaw and Statement of Proposal for consultation.

Table Two: Stormwater Bylaw Options

Option

Advantages

Disadvantages

Approve the draft amended Stormwater Bylaw and Statement of Proposal for community consultation.

Recommended

· Provides opportunity for the wider community to give feedback on the draft Stormwater Bylaw.

· Allows Tauranga City Council to strengthen pollution prevention and improve the management of stormwater network.

· Responds to feedback received from key stakeholders, including Te Rangapū policy subcommittee.

· Meets obligations, in relation to stormwater, to protect, promote and maintain public health and safety, protect the local environment, and to comply with the conditions of our resource consents.

· Supports greater cost recovery from those that do not comply with bylaw provisions

· Ensures legal requirements of reviewing the bylaw are met.

· Resources will be used for the required consultation process.

· Subject to the outcome of consultation, the costs to occupiers that do not comply with bylaw provisions may increase.

· Bylaws under the Local Government (Water Services) Act 2025 are new and untested.

Retain the current bylaw and do not approve the draft amended Stormwater Bylaw and Statement of Proposal for community consultation.

· No resources will need to be used for consultation.

· The draft Stormwater Bylaw could be approved later if more analysis or research is required prior to approving a draft for consultation.

· Allows time to determine the future organisation for the delivery of stormwater services.

· No amendments from the outcome of the review will be included.

· Potential improvements in cost recovery will be delayed.

· Delays the initial bylaw review which must be done by 26 August 2027 to meet statutory timeframes under the Local Government (Water Services) Act 2025.

· Requires amendment of the Bylaw Review Plan for the Stormwater Bylaw.

Financial Considerations

22. The costs of developing the bylaw will be funded from the existing policy and bylaws budget.

23. Subject to the outcomes of consultation, the proposed updates to the bylaw provide greater clarity about Tauranga City Council’s, or the water service provider’s, ability to recover costs associated with managing the stormwater network from the businesses that make contaminated discharges into the stormwater network or are at higher risk of having events that pollute the stormwater.

Legal Implications / Risks

24. The review of this bylaw is well within the statutory timeframes set under the Local Government (Water Services) Act 2025 which requires that the Stormwater Bylaw be reviewed by 27 August 2027.

25. While there is always legal uncertainty complying with a new piece of legislation, the legal risk associated with this proposed Stormwater Bylaw is generally the same as any bylaw. This includes the risk of the repeal of the empowering act.

26. As our Water Services Strategy is still under development, there is a risk of misalignment with that strategy. However, any bylaw is at risk of requiring a review due to future strategic or political change.

27. There is a risk that the bylaw will be perceived negatively by businesses and the wider community as it imposes compliance requirements on them. This risk will be managed through effective engagement and consultation, together with an education approach to enforcement where reasonable.

TE AO MĀORI APPROACH

28. In our meetings with the Te Rangapū Mana Whenua o Tauranga Moana policy subcommittee (Te Rangapū policy subcommittee) the committee members identified a lack of recognition of tangata whenua voice and te ao Māori in the 2015 Stormwater Bylaw. Their feedback is summarised in the Report on Feedback Received from Te Rangapū policy subcommittee (Attachment Four).

29. By its pollution prevention nature, the Stormwater Bylaw supports Kaitiakitanga of the built environment (Taiaohanga) and the health of the wai and waterways. This support will be recognised in the updated bylaw by incorporating terminology that acknowledges it into the purpose clause.

30. The approach set out in the proposed draft bylaw aligns with the principles of Manaakitanga – a strong duty of care and safety for our people, keeping the stormwater network safe and sanitary, and Kaitiakitanga – stewardship of the natural environment, protecting stormwater from preventable pollution. Acknowledging the relationship between the strategies Tauranga City Council has developed in collaboration with tangata whenua and the way Tauranga City Council will protect stormwater from pollution.

CLIMATE IMPACT

31. This bylaw supports the protection and development of quality stormwater infrastructure which is essential to Tauranga’s ability to be resilient to the changing weather conditions associated with a changing climate.

32. Broader climate adaptation efforts outlined in the Tauranga Climate Action & Investment Plan 2023-2033 include stormwater infrastructure as part of Tauranga’s critical assets vulnerable to climate-induced hazards like flooding and coastal inundation. This emphasises the importance of resilient infrastructure planning, including stormwater systems, to manage risks from extreme weather events and changing rainfall patterns.

Consultation / Engagement

33. As noted in paragraph [14], initial consultation and engagement has focused on gathering feedback from staff, mana whenua representatives, as well as some businesses in our community who have interacted with the Tauranga City Council about Pollution Prevention Plans in the past.

34. Given the technical nature of this bylaw, feedback from businesses and mana whenua representatives has been limited. These groups will have further opportunity to provide their insights on the Stormwater Bylaw during the public consultation process which is required prior to the adoption of a bylaw.

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 matter.

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

ENGAGEMENT

38. Taking into consideration the above assessment, that the matter is of medium significance, and the consultation requirement in the Local Government (Water Services) Act 2025, consultation using the special consultative procedure is required.

Next Steps

39. Following your decision, and subject to timing of other bylaw or user fees and charges consultation, public consultation would commence from February to March 2026, with hearings and deliberations scheduled following this in early 2026.

Attachments

1. Bylaw Review Plan - A19100464 ⇩

2. Draft Stormwater Bylaw 2026 - A19423645 ⇩

3. Draft Statement of Proposal - A19394563 ⇩

4. Report on Feedback from the Te Rangapu Mana Whenua o Tauranga Moana policy subcommittee - A19277169 ⇩

[1] Extract from Tauranga City Council’s Governance Structure terms of reference and delegations, downloaded 24 November 2025 from: https://www.tauranga.govt.nz/council/how-the-council-works/council-committees

[2] Stellar pathway for completed Council actions: Council and Committees (Agendas and Minutes -> Council -> Actions Requested by Council -> ‘Closed actions from Council’.

[3] The term “water service provider” is defined to apply whether it is Tauranga City Council or a new water organisation undertaking the responsibilities of a water service provider.

[4] The term “water service provider” is defined to apply whether it is Tauranga City Council or a new water organisation undertaking the responsibilities of a water service provider.


AGENDA Ordinary Council meeting Tuesday, 16 December 2025
I hereby give notice that an Ordinary meeting of Council will be held on:
Date:	Tuesday, 16 December 2025
Time:	8:30 am
Location:	Tauranga City Council Chambers, Mareanui L1, 90 Devonport 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

Chair	Mayor Mahé Drysdale
Deputy Chair	Deputy Mayor Jen Scoular
Members	Cr Hautapu Baker Cr Glen Crowther Cr Rick Curach Cr Steve Morris Cr Marten Rozeboom Cr Kevin Schuler Cr Rod Taylor Cr Hēmi Rolleston
Quorum	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.
Meeting frequency	Three weekly or as required

Status of actions	No. actions
Closed (completed since the last report – includes two actions in the public excluded agenda)	10
Pending (waiting on something)	5
In progress	5
To be actioned	-
Total actions included in this report	20

Public Excluded Attachment	Reason why Public Excluded
Item 11.11 - Status update on actions from prior Council meetings - Attachment 2 - Actions from Council (public excluded) - as at 2 December 2025	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.