COUNCIL MEETING THURSDAY, 5 MARCH 2015 AGENDA

Meeting to be held in the Council Chamber, Civic Centre, Commerce Street, Whakatāne commencing at 1:00 pm

Marty Grenfell CHIEF EXECUTIVE

24 February 2015

WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 Membership ...... 5

2 Prayer ...... 5

3 Apologies ...... 5

4 Announcements ...... 5

5 Public Forum ...... 5

6 Presentations ...... 6

7 Confirmation of Minutes ...... 7

7.1 Minutes - Whakatane District Council 18 December 2014 ...... 7

7.2 Minutes – Extraordinary Council Meeting 27 January 2015 ...... 16

8 Committee Recommendations ...... 19

8.1 General Manager Community and Corporate Services Report - Wharaurangi ...... 19

9 Standing and Joint Committee Minutes ...... 21

9.1 Minutes - Hearings Committee 12 December 2014 ...... 21

9.2 Minutes - Policy Committee 27 January 2015 ...... 29

9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 ...... 33

10 Mayoral and Chief Executive Reports ...... 40

10.1 Chief Executive Report: March 2015 ...... 40

10.2 Mayor’s Report ...... 47

10.2.1 Minutes of the Rangitaiki Fishing Track meeting - 3 February 2015 ...... 51

11 Resolution to Exclude the Public ...... 53

11.1 Resolution to Exclude the Public ...... 53

12 Public Excluded Business ...... 55 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

12.1 Public Excluded Minutes - Extraordinary Council Meeting 27 January 2015 ...... 55

12.2 Public Excluded Minutes - Hearings Committee 12 December 2014 ...... 56

12.3 Public Excluded Minutes - Grow Whakatāne Advisory Board 22 December 2014 ...... 57

12.4 Chief Executive Six Month Performance Review ...... 58 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

1 Membership

Mayor A A Bonne

Deputy Mayor J A Turner

Councillor A V Iles

Councillor S Jarrett

Councillor G V Johnston

Councillor J C Jukes

Councillor R N Orr

Councillor J W Pullar

Councillor D W Sheaff

Councillor A R Silcock

Councillor G F van Beek 2 Prayer

The Prayer will be given by Councillor Iles 3 Apologies

No apologies have been received at the time of compiling this agenda. 4 Announcements 5 Public Forum

The Council has set aside time for members of the public to speak in the public forum at the commencement of each Council, Committee, Sub-committee and Community Board meeting (up to 30 minutes) when these meetings are open to the public. Each speaker during the public forum section of a meeting, may speak for three minutes. Permission of the Chairperson is required for any person wishing to speak at the public forum.

The public forum procedure does not apply in respect of any hearing, including the hearing of submissions where the local authority, committee or subcommittee sits in a quasi-judicial capacity.

With the permission of the chairperson, members may ask questions of speakers during the period reserved for public forum. If permitted by the chairperson, questions by members are to be confined to obtaining information or clarification on matters raised by the speaker.

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6 Presentations

6 Presentations

Presentations for the meeting are:

1. Doctor J Scott-Jones - Rural Health Alliance

2. Superintendent McGregor and Area Commander Taylor - NZ Police

3. Councillors P Thompson and T Marr, Chief Executive Mary-Anne McLeod and General Manager Technical Services K Tarboton - Bay of Plenty Regional Council Long Term Plan

Page 6 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

7 Confirmation of Minutes

7 Confirmation of Minutes 7.1 Minutes - Whakatane District Council 18 December 2014

Details of WHAKATĀNE DISTRICT COUNCIL MEETING HELD IN THE Meeting: COUNCIL CHAMBERS, CIVIC CENTRE, WHAKATĀNE ON THURSDAY, 18 DECEMBER 2014 COMMENCING AT 11.00 AM

Present: His Worship the Mayor A A Bonne, Councillors A V Iles, S Jarrett, G V Johnston, , R N Orr, J W Pullar, D W Sheaff, A R Silcock, J A Turner and G F van Beek

In Attendance: M Grenfell (Chief Executive), D C Bewley (General Manager Planning and Regulatory Services), H Barnes (General Manager Finance), T Krawczyk (General Manager Infrastructure), J Reweti (General Manager Community and Corporate Services), J Gardyne (General Manager Strategy and Economic Development) and Janie Storey (Administration Officer Community)

Visitors: Dr M Noble – Waiariki Institute of Technology

Apologies: Councillor J C Jukes

The meeting was opened with a prayer from Deputy Mayor J Turner

1. CONFIRMATION OF MINUTES

1.1. Whakatane District Council: 6 November 2014

Refer to pages 7-18 of the agenda.

RESOLVED:

THAT the minutes of the Whakatane District Council meeting held on Thursday, 6 November 2014 be confirmed as a true and correct record.

Iles/Jarrett CARRIED

1.2. Extraordinary Council: 10 October 2014

Refer to pages 19-20 of the agenda.

RESOLVED:

THAT the minutes of the Extraordinary Whakatane District Council meeting held on Friday 10 October 2014 be confirmed as a true and correct record.

Turner/Johnson CARRIED

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

1.3. Extraordinary Council: 13 November 2014

Refer to pages 21-22 of the agenda.

RESOLVED:

THAT the minutes of the Extraordinary Whakatane District Council meeting held on Thursday, 13 November 2014 be confirmed as a true and correct record.

Iles/Jarrett CARRIED

2. RESOLUTION TO EXCLUDE THE PUBLIC

RESOLVED:

THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

1. Public Excluded Minutes –Council 6 November 2014 2. Public Excluded Minutes – Extraordinary Council 10 October 2014 3. Public Excluded Minutes – Extraordinary Council 13 November 2014 4. Public Excluded Minutes – Grow Whakatāne Advisory Board 17 November 2014

The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of Reason for passing Ground(s) under section 48(1) for the passing each matter to be this resolution in of this resolution considered relation to each matter

1 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – Council withhold exists the proceedings of the meeting would be likely under Section 7. to result in the disclosure of information for 6 November 2014 which good reason for withholding exists.

Section 48(1)(a)

2 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – withhold exists the proceedings of the meeting would be likely Extraordinary under Section 7. to result in the disclosure of information for Council 10 October which good reason for withholding exists. 2014 Section 48(1)(a)

3 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – withhold exists the proceedings of the meeting would be likely Extraordinary under Section 7. to result in the disclosure of information for Council which good reason for withholding exists.

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

13 November 2014 Section 48(1)(a)

4 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – Grow withhold exists the proceedings of the meeting would be likely Whakatāne Advisory under Section 7. to result in the disclosure of information for Board 17 November which good reason for withholding exists. 2014 Section 48(1)(a)

This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:

Item No Interest

1, 2, 3 Protect the privacy of natural persons, including that of deceased persons

1,2, 3, 4 Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))

Turner/Johnson CARRIED

2.1. Resumption of Open Meeting

After the above item had been considered, the public were readmitted to the meeting.

3. COMMITTEE RECOMMENDATIONS

3.1. Review of the Treasury Management Policies for the 2015-25 Long Term Plan

Refer to page 23-59 of the agenda.

RESOLVED:

1. THAT the Council adopts the Policy Committees recommendation to adopt the Liability Management Policy in Appendix 1 to come into effect from 1 July 2015; and

2. THAT the Council adopts the Policy Committees recommendation to adopt the Investment Policy in Appendix 2 to come into effect from 1 July 2015.

Iles/Jarrett CARRIED

3.2. Plains Water 50 Year Strategy

Refer to pages 69-70 of the agenda.

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

RESOLVED:

THAT the Council approve the Projects and Services Committee recommendation to accept the following timeframe for the draft Plains 50 year Strategy:

Action Timeframe

1 Plains Water Supply Advisory Board to consider the economic feasibility 6 March 2015 study of the Plains 50 year Strategy from PWC and assess whether a full cost benefit analysis is required.

2 Formally receive the draft Plains Water 50 year Strategy report by the 6 March 2015 Plains Water Supply Advisory Board and make recommendations to the Council to adopt the Strategy.

3 Projects and Services Committee to consider 9 April 2015 a. recommendations from the Plains Water Supply Advisory Board to adopt the Plains Water 50 year Strategy b. whether or not the Paul Road water source will be used as an emergency supply source for the Whakatāne and Ōhope communities

4 Council to consider recommendations from the Projects and Services 23 April 2015 Committee and make a decision in principle whether or not the Paul Road water source will be used as an emergency supply source for the Whakatāne and Ōhope communities and to adopt the Plains Water 50 year Strategy in principle (subject further work on funding options to be completed and public consultation).

5 Plains Water Supply Advisory Board working party to consider the funding April-October options for the Plains Water 50 year Strategy and to bring back 2015 recommendations to the Board and to Council to understand the affordability and assess the risks to the Plains Water Supply Scheme in the future

6 Plains Water Supply Advisory Board to consider the draft plan change to April-May 2015 the Bay of Plenty Regional Water and Land Plan on freshwater management with emphasis on the Rangitāiki Catchment and consider the views of the Rangitāiki River Forum and the Rangitāiki River Document and make recommendations to the Whakatāne District Council on submission points to be included in the Council’s submission.

7 Staff to carry out a proper draw down test of the existing Paul Road bore March 2015 to assess whether the required yield can be achieved and then hold discussions with the Regional Council to ensure a resource consent can be obtained to abstract sufficient water from the water source.

8 Plains Water Supply Advisory Board to consider the proposed plan change August 2015 to the Bay of Plenty Regional Water and Land Plan on freshwater management with emphasis on the Rangitāiki Catchment and consider the views of the Rangitāiki River Forum and the Rangitāiki River Document and make recommendations to the Whakatāne District Council on submission points to be included in the Council’s submission.

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

9 Finalise funding options for the Plains Water 50 year Strategy for public October 2015 consultation by the Plains Water Supply Advisory Board and recommend these options to Council to understand the affordability and assess the risks to the Plains Water Supply Scheme in the future

7 Public consultation and survey on the Plains Water 50 year Strategy November 2015- including present Plains water users, potential future users and other stake holders such as Federated Farmers, Fonterra, Rangitāiki River Forum May 2016

8 Plains Water Supply Advisory Board consider results of public consultation June 2016 and surveys

9 Projects and Services Committee consider recommendations from Plains July 2016 Water Supply Advisory Board

10 Council to finalise projects to be included in the next LTP (2018-28) and September 2016 subsequent LTPs to implement the Plains Water 50 Year Strategy in its current form or in an amended form following public consultation processes

Iles/van Beek CARRIED

4. STANDING AND JOINT COMMITTEE MINUTES

4.1. Audit and Risk Committee: 26 November 2014

Refer to pages 71-74 of the agenda.

RESOLVED:

THAT the minutes of the Audit and Risk Committee meeting held on Wednesday, 26 November 2014 be received.

Orr/Johnston CARRIED

4.2. Policy Committee: 13 November 2014

Refer to pages 75-79 of the agenda.

RESOLVED:

THAT the minutes of the Policy Committee meeting held on Thursday, 13 November 2014 be received.

Turner/Iles CARRIED

4.3. Policy Committee: 18 November 2014

Refer to pages 80-83 of the agenda.

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

RESOLVED:

THAT the minutes of the Policy Committee meeting held on Tuesday, 18 November 2014 be received.

Iles/van Beek CARRIED

4.4. Policy Committee: 3 December 2014

Refer to pages 84-86 of the agenda.

RESOLVED:

THAT the minutes of the Policy Committee meeting held on Wednesday, 3 December 2014 be received.

Jarrett/Sheaff CARRIED

4.5. Projects and Services Committee: 4 December 2014

Refer to pages 87-93 of the agenda.

RESOLVED:

THAT the minutes of the Projects and Services Committee meeting held on Thursday, 4 December 2014 be received.

Iles/Turner CARRIED

4.6. Eastern Bay of Plenty Joint Committee: 1 December 2014

Refer to pages 94-97 of the agenda.

RESOLVED:

THAT the minutes of the Eastern Bay of Plenty Joint Committee meeting held on Monday, 1 December 2014 be received.

Jarrett/Turner CARRIED

4.7. Civil Defence Emergency Management Group: 14 November 2014

Refer to pages 98-101 of the agenda.

RESOLVED:

THAT the minutes of the Civil Defence Emergency Management Group meeting held on Friday, 14 November 2014 be received.

His Worship the Mayor/Sheaff CARRIED

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

4.8. Hearings Committee: 27 November 2014

Refer to pages 102-116 of the agenda.

RESOLVED:

THAT the minutes of the Hearings Committee meeting held on Thursday, 27 November 2014 be received.

Turner/van Beek CARRIED

5. MAYORAL AND CHIEF EXECUTIVE REPORTS

5.1. Mayors Report: November 2014

Refer to pages 117-125 of the agenda.

His Worship the Mayor reported on a meeting held with the Prime Minister on 15 December 2014 seeking Government support to work in partnership on economic development initiatives to get the provinces working for New Zealand. He noted that the Prime Minister was reluctant to interfere with the decision made by Air NZ to pull out of Whakatane but did verbally indicate that the Ministry of Transport would remain a partner of the airport for at least six years. His Worship said that they were awaiting written confirmation from the relevant Minister.

The Chief Executive advised that expressions of interest had been sought from alternative providers on the provision of flights from Whakatāne and the information was currently being assessed and would be provided to the Council for consideration in the new year.

RESOLVED:

THAT the Mayor’s report for November 2014 be received.

His Worship the Mayor/Turner CARRIED

5.2. Chief Executive’s Report: November 2014

Refer to pages 126-130 of the agenda.

The Chief Executive advised that The Southern Trust had approved a grant of $70,000 towards the cost of the CCTV upgrade and that meant that staff could initiate the tender and installation process early in the new year.

RESOLVED:

THAT the Chief Executive’s report for November 2014 be received.

His Worship the Mayor/Iles CARRIED

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

6. REPORTS

6.1. Delegations Register

Refer to pages 131-133 of the agenda and the Delegations Register – December 2014 circulated as a separate document with the agenda.

The following amendments were noted:

Include a Councillor representative on the Whakatāne Youth Council Clarify that the Chief Executive had the delegation under the Sale and Supply of Alcohol Act to delegate functions to the Secretary of the District Licencing Committee

RESOLVED:

1. THAT the Delegations Register report be received; and

2. THAT, subject to the foregoing additions, the Council adopts the Delegations Register dated December 2014 in Appendix 1 which sets out the revised delegations to the General Managers and various staff members as a result of the recent changes to the organisational structure and updates the delegations from the Sale and Supply of Alcohol Act 2012.

Iles/Silcock CARRIED

6.2. Renaming of Burr Road

Refer to pages 134-160 of the agenda.

RESOLVED:

1. THAT the Renaming of Burr Road report be received; and

2. THAT the Council approve the application to rename “Burr Road” to “Wharenui Road”, as an inconsistent decision under Section 80 of the LGA2002; and 3. THAT the Council does not amend the Road Naming and Property Addressing Policy.

Jarrett/Pullar CARRIED

The meeting adjourned at 11.11 am and reconvened at 11.30 am

7. PRESENTATION

7.1. Professor Margaret Nobel – Waiariki Institute of Technology

Refer to pages 6a-h of the tabled items.

Professor Noble provided a power point presentation giving an overview of the Waiariki Institute of Technology the location of the five campuses, the courses offered and the number of students that attended. She noted that the Institute offered courses from foundation level to Masters Degrees for 126 different programmes and they worked closely with industry so they could offer vocational

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7.1 Minutes - Whakatane District Council 18 December 2014 (Cont.)

courses directly applied to industry. Professor Noble spoke of the strategic direction the Institute was taking and the aim to offer further educational opportunities to people to allow them to enter the workforce or carry on with a higher qualification.

In relation to catering for international students Professor Noble advised that although they owned the Thermal Holiday Park at Rotorua finding accommodation for the students was at saturation point. . She said that they had more students from overseas wanting to come to the Institute and if suitable hostel type accommodation could be found in this area they would be able to lift the range of courses offered.

Attendance: Councillor Orr left the meeting at 12.07 pm

His Worship the Mayor thanked Professor Noble for her informative presentation and noted that the Mayor’s Taskforce for Jobs main goal was to get students jobs when they left school.

8. APPRECIATION

His Worship the Mayor thanked Councillors for their work and commitment during 2015, wished Members and their families and very Merry Christmas and said that he hoped 2015 would be a better year for growth in the Eastern Bay of Plenty.

THE MEETING FINISHED AT 12.19

Confirmed this day of

CHAIRPERSON

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7.2 Minutes – Extraordinary Council Meeting 27 January 2015

7.2 Minutes – Extraordinary Council Meeting 27 January 2015

Details of EXTRAORDINARY MEETING OF THE WHAKATĀNE DISTRICT Meeting: COUNCIL HELD IN THE COUNCIL CHAMBERS, CIVIC CENTRE, WHAKATĀNE ON TUESDAY, 27 JANUARY 2015

COMMENCING AT 10.30 AM

Present: His Worship the Mayor A A Bonne, Councillors A V Iles, S Jarrett, G V Johnston, J C Jukes, R N Orr, J W Pullar, D W Sheaff, A R Silcock, J A Turner and G F van Beek

In Attendance: D C Bewley (General Manager Planning and Regulatory Services), H Barnes (General Manager Finance) T Krawczyk (General Manager Infrastructure), J Reweti (General Manager Community and Economic Development), General Manager Finance), J Gardyne (General Manager Strategy and Economic Development), A Milne (Manager Business Services) and C B Hair (Administration Officer Policy)

Visitors: C Emeny, Air Chathams

M Naude (Opus International Consultants)

Apologies: None

1. PUBLIC EXCLUDED BUSINESS

1.1. Resolution to Exclude the Public

Refer to page 18 of the agenda.

RESOLVED:

THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

1. Scheduled Flight Services for the Eastern Bay

The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject Reason for passing this Ground(s) under section 48(1) for of each matter resolution in relation to each the passing of this resolution to be considered matter

1 Scheduled Flight Good reason to withhold exists That the public conduct of the Services for the under Section 7. relevant part of the proceedings of Eastern Bay the meeting would be likely to result

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7.2 Minutes – Extraordinary Council Meeting 27 January 2015 (Cont.)

in the disclosure of information for which good reason for withholding exists.

Section 48(1)(a)

This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:

Item No Interest

1 Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))

THAT Craig Emeny, Chief Executive, Air Chathams, be permitted to remain at this meeting, after the public has been excluded, because of his knowledge of the proposal. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because the proposal relates to Scheduled Flight Services for the Eastern Bay .

Turner/Silcock CARRIED

1.2. Resumption of Open Meeting

After the above item had been considered, the public were readmitted to the meeting.

Attendance

Mike Naude, Opus International Consultants, joined the meeting at 12:18 pm.

2. REPORTS

2.1. Gorge Road Share Use Path: 16.6.9, 16.6.19

Refer to pages 5-17 of the agenda.

RESOLVED:

1. THAT the report "Gorge Road Shared Use Path Funding Request" be received; and

2. THAT the Council approves total project costs for the Gorge Road Shared Use Path project, in the sum of $1,361,035, funded in accordance with the Funding Plan detailed as follows:

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7.2 Minutes – Extraordinary Council Meeting 27 January 2015 (Cont.)

3. THAT the Council’s share of the Gorge Road Shared Use Path component ($164,330 + $195,006 = $359,336) which is currently unbudgeted be sourced from existing reserves and loan funding as follows:

Subdivider’s Cash in Lieu $25,000

Parks and Reserves / Roading Development Contributions $170,006

Sub total $195,006

Loan/grants/contributions $164,330

Total $359,336

4. THAT the balance of the unbudgeted funding for the Gorge Road Share Use Project of $164,330 be sought from alternate funding sources.

Pullar/Iles CARRIED

THE MEETING CLOSED AT 12:32 PM.

Confirmed this day of

CHAIRPERSON

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8 Committee Recommendations

8 Committee Recommendations 8.1 General Manager Community and Corporate Services Report - Wharaurangi

GENERAL MANAGER COMMUNITY AND Title of Item: CORPORATE SERVICES REPORT - WHARAURANGI

Committee: PROJECTS AND SERVICES COMMITTEE

Meeting Date: 26 FEBRUARY 2015

Recommendation to 5 MARCH 2015 Council Meeting:

1. 1.2 D Dowd - General Manager Community and Corporate Services Report – 136 The Strand

Mr Dowd drew Councillors attention to the reference in the General Manager Community and Corporate Services report the naming of the new pedestrian area at 136 The Strand and said that it amazed him to see the item in a routine report. He said that the naming of the area was happening by subterfuge and there were people within the community who wanted it named and had suggestions for the name.

Mr Dowd said that The Gap was not good enough but he had chosen not to address this. However he questioned the process being a minor part of an agenda. Mr Dowd felt that this was not clever and said that there was much more attention needed to this item. He asked that it be struck from the agenda and a full report be requested as it should have been at the start to address the subject. Mr Dowd noted that there was no specific resolution included in the agenda and said that the Council should get the process right.

Attendance: Mr Dowd left the meeting at 10.40 am

Attendance: Ms Ratahi-Pryor and Mr Marriott entered the meeting at 1.45 am

3.2 General Manager Community and Corporate Services

Refer to pages 38-55 of the agenda.

Ms Ratahi-Pryor, Chief Executive Te Rūnanga o Ngāti Awa and Ngāti Awa Holdings Limited spoke of the history of the area known as Wharaurangi and the significance of the space around Pohaturoa Rock, and the connection through Wharaurangi to the burial site at Opihi. She said that the activity undertaken there was to liken the connection to the stars and universe and the Chief Toi Pairako who lived at the Kōhī Point Pā site. Ms Ratahi-Pryor said that with Wharaurangi came a number of events that occurred and said that Pohaturoa Rock was also significant to the community as a whole as it was the place where the contribution of men who died in World Wars were remembered and a place for Ngāti Awa to meet and discuss war. It was the place where local hapū talked about war with other tribes and was a specific place for korero on other activities about war and important sacred and tapu topics.

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8.1 General Manager Community and Corporate Services Report - Wharaurangi (Cont.)

Ms Ratahi-Pryor said that other activities took place such as taa moko which in historic times was a privileged and tapu activity and only strengthened by those of the highest standing would have one. She said that the tribe brought their dead to Pohaturoa and put them on the rock to enable the flesh to disappear. The bones were then cleansed in the Waiewe Stream and made the journey across to Opihi. Ms Ratahi-Pryor said that the connection of stars and the universe also translated to the land and sea and it was an area that led to the pathway of a journey so Wharaurangi also became the pathway to the sea from Pohaturoa to Opihi.

Ms Ratahi-Pryor said that the area was a gathering place for the preparation of warriors, preparing the dead for the afterlife and a christening area for tamariki. She said that when you put all of this together the area had significant importance to the whole community. Ms Ratahi-Pryor said that Ngāti Awa already had a name for the area prior to the formation of Councils and the Pākehā names. She said that discussions were being held with the Chief Executive and his team to recognise important cultural sites, the names for them and how they were brought about so that we and visitors could enjoy the history of the town. Mrs Ratahi-Pryor asked that the Council bring back the name Wharaurangi to life and reaffirm the korero around it.

In response to a query as to whether it was appropriate to unveil a name at the special celebration on the signing of the Treaty of Waitangi celebrations in June, Ms Ratahi-Pryor said that depended on how you saw the Treaty of Waitangi. She said that it was an important document where Māori and Pākehā came together and was the only document that we had. Ms Ratahi-Pryor noted that Ngāti Awa were intending to align the anniversary with the commemoration of the World War 1 men and the commemoration of the shelter. She advised that they were working with the Council around the shelter and there would be a number of presentations at that time and said that the Treaty of Waitangi and partnership was an opportune time. Ms Ratahi-Pryor said that Ngāti Awa was keen to ensure that the history of the area was made available to the public and noted that the writing of it was currently being undertaken.

In answer to a question as to why the information was being provided at this stage and not as part of the town vision process some years ago, Ms Ratahi-Pryor noted that Ngāti Awa had been a big part of the development of the Town Vision and said that this was one opportunity to communicate the process. She said that Ngāti Awa were tangata whenua and had a rich history that needed to be brought on board for open spaces throughout the area.

Discussion ensued on the manner in which the item was included in the agenda, whether further options would be provided or a decision made at this meeting. The General Manager Planning and Regulatory Services advised that the information was provided in the report as a history of the site.

RESOLVED:

THAT the name Wharaurangi be put forward to the Council as the preferred name for 136 The Strand.

Iles/turner CARRIED

Attendance: Ms Ratahi-Pryor and Mr Marriott left the meeting at 12.15 pm

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9 Standing and Joint Committee Minutes

9 Standing and Joint Committee Minutes 9.1 Minutes - Hearings Committee 12 December 2014

Details of HEARINGS COMMITTEE MEETING HELD IN THE COUNCIL Meeting: CHAMBERS, CIVIC CENTRE, WHAKATĀNE ON FRIDAY, 12 DECEMBER 2014 COMMENCING AT 9.30 AM

Present: Councillors R N Orr, J A Turner and G F van Beek

In Attendance: S McGhie (Team Leader Consents Planning), J Mandemaker (Planner) and H J Storey (Administration Officer Community)

Visitors:

Apologies: Nil

1. RESOURCE CONSENT (SUBDIVISION) – CREATE TWO NEW (ONE ADDITIONAL) LOTS, SHAW FARMS LIMITED, 84 THORNTON ROAD, WHAKATANE

Refer to pages 9-63 of the agenda and pages 63a-f of the tabled items.

Appearance:

R Overington – Planner for the Applicant

G, D and T Shaw – Applicants

J Mandemaker - Planner

S McGhie - Team Leader Consents Planning

1.1. Applicant’s Evidence

Mr Overington tabled a submission in support of the application and considered that over 40 years he had prepared over 1,000 consent applications and found the interpretation of the district plan by the Council planners was resulting in lost development opportunities. He summarised the application and noted it was an entrepreneurial and expanding operation that was a significant local employer at a location that was ideal for the activity and a unique environment for the employees with room for expansion. Mr Overington noted that Lot 1 was proposed to be sold to the applicant’s son Todd Shaw.

Mr Overington noted that the applicant intended to separate the existing dwelling from the main commercial activity and because of the existing effluent disposal facility Lot 1 would also include the area currently leased by the landscaping business EarthArt. He noted that mitigation effects were proposed to ensure there were no adverse effects or rights conferred to those which currently existed. Mr Overington said that it would remove the current right to have an accessory building for habitation on the existing property. He said that lot 1 was similar to other lots that could be created in the Rural 1 zone that were specifically provided for in the district plan for other purposes including dwelling lot, redefined lot and protection lot and said that the application should not be considered unusual as there were many other dwelling lots scattered throughout the Rural 1 zone, one of which was 120 metres to the east of the property.

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

Mr Overington acknowledged that the proposal was not specifically provided for in the plan but said it had distinguishing characters which set it apart from a normal application and had a full discretionary activity in terms of rule 4.1.6.8 which must be assessed on its merits in terms of Rule 3.11. He noted that the Planners assessment confirmed compliance with all 16 relevant criteria points except Rules 3.11.11 relating to high quality land and 3.11.13 relating to amenity values and rural character. Mr Overington said that high quality land was a recurring theme in the planners report and he considered that there were no adverse effects and that the property was already fragmented by consented commercial and residential activities. He noted that the subdivision would not cause any additional fragmentation of use.

Mr Overington noted that the planning assessment for the land use consent to operate a boat manufacturing activity includes – It is considered that the proposed site is appropriate for the proposed activity and will not result in a loss of productive soils in the community. He noted that the site was already compromised by the existing activities and suitably sized and zoned sites were not readily available and the effects on the productive capacity were considered to be minor.

Mr Overington noted that under the “precedent effects” the site and situation were distinct as the site was already developed with commercial and pseudo commercial non rural activities which had already compromised the productive capacity of the soil. He noted that the small remaining area was no longer viable for rural purposes and considered that the amenity values and rural character would in no way be affected by the subdivision. Mr Overington said that there would be no additional buildings, activity, fencing, planting carried to that which would currently occur.

Mr Overington advised that the applicant intended to seek separate titles for the existing house and boat manufacturing business, but associated with restrictions that would ensure there can be no significant additional or adverse effects, rights conferred, compared with the existing situation as a result of the subdivision. He noted that the application proposed restrictions by way of a consent notice to ensure that

no additional dwelling or accessory building for habitation could be established, or no further subdivision could take place on Lot 1, or the owner would not be entitled to complain about lawful activities carried out on adjoining properties.

Mr Overington said that a consent notice restricting habitable buildings would also apply to Lot 2 unless a specific land use consent was obtained first. He noted that the proposal had been examined to ensure that there would be no likely significant additional adverse effects as a result of this. He noted that the vehicle access from the existing entranceway off Thornton Road already met the Council’s engineering standards and would continue to be utilised by both lots.

Mr Overington considered that the existing property was too small to be viable for a sustainable farming operation and the business use precluded any normal farming use now and in the foreseeable future. He noted that there would be no change of use and no physical change to the property and there would be no effect on high quality soils or reduction of future land use operations, therefore there would be no impact on the existing rural character or amenity values.

Mr Overington summarised the one submission received as a standard response from the NZ Fire Service Commission for appropriate provisions in the event of fire and noted that the applicant accepted the requirement for a consent notice restriction on Lot 2 to ensure that access to the facilities for firefighting were available for any future dwelling. He considered the lack of submissions would appear there was no public support for the opinions of the planner.

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

Mr Overington said that the planner referred to the objectives and policies for the district plan intended to promote growth and considered that unless there was flexibility to cater for different circumstances, growth would be restricted. He noted that businesses on the property had been consented and considered by the Council to be appropriate uses for the land. Mr Overington said that the applicant now wished to dispose of the land that was surplus to the boat manufacturing business and to better utilise the capital that the sale would generate to grow the already successful boat building business.

Mr Overington noted that the applicant was prepared to put in place restrictions to ensure that any possible adverse effects relating to obtaining separate titles was prevented and permanent measures were proposed to ensure that there would be no additional effects to those that could currently occur as of right. He submitted that every effort had been made to identify and eliminate any possible adverse effects.

In summary Mr Overington said he believed that in terms of the RMA the application deserved to be approved unless specific, actual effects and rights associated with a normal subdivision as permitted activities were permanently eliminated, and asked that the application be approved.

In response to a query regarding the offering of a consent notice restriction on any future dwellings, Mr Shaw noted that he was willing to offer this as a sacrificial offering. Mr Overington noted that this would not preclude an application, but any permission to do so would be a decision of the Council and not allowed as of right apart from minor boundary adjustment. Mr Shaw noted that he intended to sell the property to his son Todd and that he wanted to remain open about who was buying it. He said the reason for the subdivision was to release capital for the planned expansion of the business on the current site.

Mr Shaw provided an overview of the business and noted that there were few other sites available of the size required to expand without placing an even bigger strain on the business. He said that nothing would change as there was already a house on the site but could understand resistance if a further house was included allowed. Mr Shaw said all of the buildings on the site had already been consented and noted that it had been a massive undertaking seeking consents in order to continue to grow the business. He advised that the first stage of the expansion project had been undertaken and the following two stages would be completed over the next two years. Mr Shaw noted that the boat building business was stretched to capacity and said they had pre-sold all new boats to 2016. He advised that they risked losing customers if they did not expand and the extension would allow them to double the capacity to 300 boats per year and bring positive benefits to the local business community.

In response to a query regarding other commercial operations on the property, Mr Shaw noted that consents for these were being sought and said that there was ample parking on the site to cater for them. He noted that the site did not produce any adverse effects, air pollution or discharge and said that although there may be a bit of noise, the neighbours had no concerns with this. He noted that the house was well built but did not need to be under the ownership of the business any more.

In answer to a question regarding the release of funds by subdividing and selling Lot 1, Mr Shaw said that they needed the funding to help with the massive expansion costs. He said that the original building was 30% bigger than the one they previously had, and it was already too small for the operation. Mr Shaw noted that he would soon be employing 40 people and said that if they had the room they could hire another 30. He advised that they would like to bring the trailer building side of the business back to Whakatāne as it was currently located in Hamilton and said that the site allowed them the room hey needed for expansion.

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

In response to a query regarding and assessment of the noise being carried out on the site, Mr Shaw noted that this was carried out as part of the latest resource consent application. He advised that there was a large water tank on the north eastern corner of the property which was always full and fitted with firefighting accessories so that the brigade were able to use it if required.

Attendance: The Committee adjourned at 10.22 am and conducted a site visit of the property. The meeting resumed at 11.18 am.

1.2. Planners Report

The Planner presented the report and noted that since the report had been written further consent had been granted to enable the workshops to be extended. He noted that the property had a number of resource consents issued for various operations on the site and there were several small commercial activities that would be consented in due course. The Planner noted the rules within the district plan that apply to the proposal and the creation of separate residential dwellings in the high quality soil areas was inconsistent with the rural character.

The Planner noted that the comments relating to reverse sensitivity on page 16 of the agenda was inaccurate as it did not comply. He noted that the actual and potential effects of the proposal included noncompliance with the high quality soils, rural character and planning precedent integrity rules, nor did it fit within the retired farmer category and would be likely to set a precedent that future applicants would expect to be granted.

In response to a question relating to the positive effects of the proposal, the Planner noted that there were none included in the application, but some have been put forward by the submitter during the hearing that could be included for consideration. Mr Overington noted that the adjoining property had a Papakainga development with five dwellings and one other building on an area similar to Lot 1 as a permitted activity. He said that there was no similarity to urban in this context and that most semi-rural properties were 5,000 m² which was eight times bigger than an urban lot.

Mr Shaw queried why the application was subject to the effects of rural character and high quality soils when there was already a house on the site. The Team Leader Consents Planning explained that the district plan needed to make sure that whatever was allowed on the high productive farm land had no negative effect on what other property owners do as of right on their rural properties. He noted that complaints could lead to legitimate activities being stymied because non farming neighbours did not want activities to occur near their property.

In response to a query regarding the severing of the dwelling from the site creating adverse effects, Mr Overington noted that the neighbouring activity was clear to any potential purchaser.

1.3. Applicant’s Right of Reply

Exercising his right of reply, Mr Shaw noted that he considered that the potential effects highlighted by the Planners did not exist and the house had been on the site for some time. He said that the closest boundary to the house was the farm and as they had been operating for some time, they have had a lot more contact with neighbours. Mr Shaw said that the house had always been part of the section and now they wanted to move forward and remove it from the business activity as it was no longer required and they were not intending to create any more dwellings on the property. He said that if there was to be an application in the future for a house, the Council could deal with that as a separate application at the time. Mr Shaw concluded by saying that they wanted to be upfront with the application and realise that rural activity would always take precedent. He said that the application to subdivide was to release capital for expansion of the business.

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

Mr Overington said that it was ironic that the original boat building was non notified and questioned why this application needed to be notified when it would not affect high quality soils. He said that it was a business property that would be unlikely to return to a rural lot and was concerned at the lack of encouragement for the development. He said that expansion plans should be encouraged and asked that approval should be able to be given if a positive and practical approach was given to the plan provisions.

Attendance: The applicant left the meeting at 12.06 pm

1.4. Public Excluded Business

RESOLVED:

THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

1. Deliberation 2. Confirmation of Public Excluded Minutes – Hearings Committee 25 September 2014

The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of Reason for passing this Ground(s) under section 48(1) for the each matter to be resolution in relation to each passing of this resolution considered matter

1 Deliberation To enable the Committee to That the exclusion of the public from the consider the applicant and whole or the relevant part of the submitters’ submissions and proceedings of the meeting is necessary evidence to enable the Committee to deliberate in private on its decision or recommendation in any proceedings where a right of appeal lies to any Court or tribunal against the final decision of the Committee in those proceedings.

Section 48(1)(d)

Confirmation of To enable the Committee to That the exclusion of the public from the Public Excluded consider the applicant and whole or the relevant part of the Minutes – Hearings submitters’ submissions and proceedings of the meeting is necessary Committee 25 evidence to enable the Committee to deliberate September 2014 in private on its decision or recommendation in any proceedings where a right of appeal lies to any Court or tribunal against the final decision of the Committee in those proceedings.

Section 48(1)(d)

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

Turner/can Beek CARRIED

1.5. Resumption of Open Meeting

After the above item had been considered, the public were readmitted to the meeting.

2. THE DECISION

RESOLVED:

THAT in pursuant to Sections 34A, 104, and 104B of the Resource Management Act 1991 the Hearings Committee of the Whakatane District Council acting under delegated authority at its meeting on 12 December 2014, resolved to grant consent as a discretionary activity to resource consent application SS-2014-8233-00 to subdivide into two lots (one additional) land legally described as Lot 4 DPS 67148 at 84 Thornton Road, Whakatāne, subject to conditions as outlined further in this document.

2.1. Reasons for the decision

The Committee finds that after considering the issues raised, and in view of the findings made on individual points, its overall judgement is that the effects of this proposal will be minor or less than minor given the assessment criteria for discretionary activities, meets the objectives and policies of the Operative Plan and the RPS, and is consistent with Part 2 of the RMA 1991.

2.2. Consent Conditions

1. That the proposed activity shall be carried out in general accordance with Plan Number 3073/1 dated November 2013 prepared by Overington Surveyors and information submitted as part of this application except where modified by any other condition of this consent.

2. That all easements required to protect access and services shall be duly granted and reserved. 3. That the developer shall nominate an independent potable water supply for both lots to the satisfaction of the General Manager Planning and Regulatory Services. 4. That the septic tanks, effluent and storm water drainage systems serving the existing buildings on Lots 1 and 2 are to be contained a minimum of 1.5 metres inside their respective boundaries. 5. That all water, wastewater and storm water services (including soak rings for storm water disposal) serving the buildings on Lots 1 and 2 are to be contained within each lot’s respective boundaries or appropriate easements are duly granted or reserved to provide ongoing rights of access and maintenance. 6. That an approved backflow prevention device is required at the boundary of Lot 1 to protect Council’s reticulated water supply. The installation of this device will require a building consent 7. That a consent notice, or other form of legal covenant, shall be issued and registered against the Computer Register for Lot 1 to record that the owners shall on an ongoing basis:

ensure that only one dwelling and no accessory building for habitation shall be established on the lot; ensure that no application is made for further subdivision of the land other than for minor boundary adjustment; Be aware that the property is located in a rural area where the predominant use of land is typically rural production and other rural based activities. The effects of lawful activities may result in the occupier experiencing effects such as odour, dust, noise, lighting, or increased traffic volumes and variety of vehicles. The owner(s) of

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9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

the land acknowledge that these effects are typical of the rural environment they live within and that Council will not consider complaints regarding effects arising from lawful activities. Pay the Council's legal costs and disbursements directly attributable to the enforcement of the consent notice and the Council's conditions set out in the notice Permit the Council’s officers or contractors entry upon the land at reasonable times so as to ascertain compliance with these conditions.

8. That a consent notice or other form of legal covenant shall be issued and registered against the Computer Register for Lot 2 to record that the owners shall on an ongoing basis:

No dwelling house is permitted to be erected on this lot.

9. That the consent holder shall pay the Council's legal costs and disbursements directly attributable to the preparation, execution and registration of the consent notice. 10. That a monitoring fee of $300 shall be paid to the Council as charge for the administration, monitoring and supervision of this resource consent. Notwithstanding the above, where there is good and reasonable cause for unprogrammed monitoring and additional site inspections, the costs of that will be a charge on the consent holder. Such costs are recovered on an actual and reasonable basis as defined in the General Conditions and Notes of the Fees and Charges Schedule as approved by the Council in terms of Section 36 of the Resource Management Act 1991

2.3. Advice notes

Due to the restriction imposed by consent condition h) above, no development contribution is payable in respect of this consent. Note: This does not affect any development contributions that are due or payable in respect to previous consents granted for this property. There are two existing metered water connections on the property. The developer has nominated that the western connection shall serve Lot 1, and the eastern connection shall serve Lot 2.

Turner/van Beek CARRIED

3. CONFIRMATION OF MINUTES: 25 SEPTEMBER 2014

Refer to pages 7-9 of the agenda.

Correction – Councillor van Beek was not present at the meeting.

RESOLVED:

THAT, subject to the foregoing correction the minutes of the Hearings Committee meeting held on Thursday, 25 September 2014 be confirmed as a true and correct record.

Turner/Orr CARRIED

THE MEETING FINISHED AT 1.40 PM

Page 27 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

9.1 Minutes - Hearings Committee 12 December 2014 (Cont.)

Confirmed this day of

CHAIRPERSON

Page 28 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

9.2 Minutes - Policy Committee 27 January 2015

9.2 Minutes - Policy Committee 27 January 2015

Details of POLICY COMMITTEE MEETING HELD IN THE COUNCIL Meeting: CHAMBERS, CIVIC CENTRE, WHAKATĀNE ON TUESDAY,

27 JANUARY 2015 COMMENCING AT 9:00 AM

Present: His Worship the Mayor A A Bonne (Chairperson), Deputy Mayor J A Turner, Councillors A V Iles, S Jarrett, J C Jukes,

G V Johnston, J W Pullar, R N Orr, A R Silcock, D W Sheaff and G F van Beek

In Attendance: D C Bewley (General Manager Planning and Regulatory Services ), H Barnes (General Manager Finance), T Krawczyk (General Manager Infrastructure), J Reweti (General Manager Community and Corporate Services), J Gardyne (General Manager Strategy and Economic Development), C Ball (Team Leader Strategic Policy), M Leighton (Strategic Policy Analyst) and C B Hair (Administration Officer Policy)

Apologies: None

1. CONFIRMATION OF MINUTES

1.1. Policy Committee Minutes 18 December 2014

Refer to pages 6-9 of the agenda.

RESOLVED:

THAT the minutes of the Policy Committee meeting held on 18 December 2014 be confirmed as a true and correct record.

Jarrett/Pullar CARRIED

2. LTP 2015-25 DOCUMENTS FOR APPROVAL TO AUDIT: 27.1.1

Refer to pages 9-244 of the agenda and to Appendix 8 Draft Policies and Proposals Document sent separately with the agenda.

The following amendments were made:

Document and agenda page Amendment number

Consultation Document Expand the reference to the Whakatāne Museum to include research page 22 and archives in order to differentiate this from the Activity Room, Te Koputu a Te Whanga a Toi, Esplanade Mall, Whakatāne

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9.2 Minutes - Policy Committee 27 January 2015 (Cont.)

Include a reference to theatre facilities in the second bullet point under “Working together to meet the needs of our communities”

Consultation Document Refer to the modern events, conference indoor-sports and theatre page 29 facility as an Eastern Bay of Plenty facility

Consultation Document Include further wording that the transfer of Pensioner Housing units page 30 to a Community Housing Provider would only occur if the tenants are considered to be better off than they are under the Council ownership model.

Consultation Document Economic development and growth to include references to growing page 32 employment base and retaining elderly residents through developing retirement villages.

Consultation Document Given the recent example of three small boats capsizing on the bar, page 33 highlight the importance that the proposed harbour improvements and access will have on increasing safety for both large and small vessels.

Infrastructure Strategy – Include reference to iwi economic development page 67

Infrastructure Strategy – Provide a clearer location of the trial bores identified as being page 71 in the ‘Paroa Road area’. Include a comment that the people on the Plains are generally satisfied with the water sourced from the Braemar Springs and that it was a change in the Drinking Water Standards that created the non-compliance with the arsenic levels in the water

Our Work in Detail – Leadership Performance Measure to be changed to refer to Leadership - page 101 the measure relating to the satisfaction with elected members which was more relevant to this activity Include the Mayor’s mentoring programme for young Māori leaders – Te Rangitahi

Our Work in Detail – Include social sector trials Community Development – page 172

Building Māori Capacity to Amend the reference to the Iwi Forum as an independent Committee Contribute to Decision of Council Making – page 227

The meeting adjourned at 10:05 am and resumed at 1:18 pm

Document and agenda Amendment page number

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9.2 Minutes - Policy Committee 27 January 2015 (Cont.)

Assumptions and Data – Amend medium risk to high risk for No. 23 Council structure and page 234 elections given the current climate of Council amalgamations

Fees and Charges Airport charges non-scheduled flight charges. Include a commentary that the Council will be consulting separately on these charges during the year.

Fees and Charges Ōhope Indoor Bowling Club – clarify what “commercial operators 100%” means

RESOLVED:

1. THAT the report " LTP 2015-25 Documents for Approval to Audit" be received; 2. THAT the items included in the Consultation Document ‘The Big Decisions’ represent the significant matters and matters of public interest arising from the development of the LTP, 3. THAT staff present options for rates remission for properties in the Awatarariki stream fanhead area once the Council has made decisions about the future development of the Awatarariki fanhead area in Matatā; 4. THAT the Draft Rates Remission & Postponement for a Rating Unit Affected by a Natural Hazard policy be adopted for public consultation alongside the 2015-25 Long Term Plan; and 5. THAT the Rates Remission & Postponement for a Rating Unit Affected by Natural Calamity be signalled to be revoked as of 1 July 2015, alongside adoption of the finalised policy for Rates Remission & Postponement for a Rating Unit Affected by a Natural Hazard. 6. THAT subject to the amendments and comments above, the Committee approves that the Council’s auditors be provided with the following documents as included on the agenda:

Consultation Document; LTP supporting documents; and Draft Policies and Proposals document.

Pullar/Iles CARRIED

3. FURTHER SUBMISSIONS ON PROPOSED CHANGE 2 (NATURAL HAZARDS) TO THE BAY OF PLENTY REGIONAL POLICY STATEMENT

Refer to pages 245-253 of the agenda.

RESOLVED:

1. THAT the report "Further Submissions on Proposed Change 2 (Natural Hazards) to the Bay of Plenty Regional Policy Statement " be received;

2. THAT the Council make a further submission as set out in Appendix 1. 3. THAT the further submission be made on a joint basis with Ōpōtiki District Council and Kawerau District Council.

Iles/Turner CARRIED

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9.2 Minutes - Policy Committee 27 January 2015 (Cont.)

4. SUBMISSION TO THE DRAFT BAY OF PLENTY REGIONAL LAND TRANSPORT PLAN 2015-45: 16.4.3

Refer to pages 254-266 of the agenda.

RESOLVED:

1. THAT the report "Submission to the Draft Bay of Plenty Regional Land Transport Plan 2015-2045" be received; and

2. THAT the submission “Whakatāne District Council’s Submission to the Draft Bay of Plenty Regional Land Transport Plan 2015-2045” in Appendix 1 be approved subject to the inclusion of a comment requesting that the Pekatahi Bridge remediation also include widening of the bridge to enable large agricultural vehicles to cross the bridge.

Iles/His Worship the Mayor CARRIED

5. CONSIDERATION OF THE FUTURE MANAGEMENT OF ONEPŪ FOREST

Refer to pages 267-276 of the agenda.

The Committee agreed with the benefits and disadvantages of the options as set out in the report. The Committee considered that the community and the Council would benefit from the change of land use from forestry to more compatible land uses such as dairy, drystock or lifestyle land.

RESOLVED:

1. THAT the report "Consideration of the Future Management of Onepū Forest" be received; and 2. THAT the Policy Committee agree to postpone any decision making on the future use of Onepū Forest to allow for discussions with Land Information New Zealand (LINZ) to take place on possible future options (Option 2).

Turner/Sheaff CARRIED

THE MEETING CLOSED AT 2:15 PM.

Confirmed this day of

CHAIRPERSON

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015

9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015

Details of EASTERN BAY ROAD SAFETY COMMITTEE MEETING Meeting: HELD IN COUNCIL CHAMBERS, WHAKATĀNE DISTRICT COUNCIL, CIVIC CENTRE, COMMERCE STREET, WHAKATĀNE ON MONDAY, 9 FEBRUARY 2015 COMMENCING AT 1:00 PM

Present: Councillor Alison Silcock - Whakatāne District Council (Chairperson)

Councillor Rex Savage - Kawerau District Council

Louise Kirk – Community Injury Prevention Consultant, Tauranga (ACC)

Marceli Davison –Regional Road Safety Advisor, New Zealand Transport Agency (NZTA)

Senior Constable Mike Chelley – New Zealand Police

Charlene Kerr – Road Transport Association NZ

In Martin Taylor (Manager Transportation - Whakatāne Attendance: District Council)

Paula Chapman – (Manager Community Services) - Whakatāne District Council

William Stewart, Road Safety Communications Officer - Whakatāne District Council

Tom McDowell, Roading Manager (Kawerau District Council)

Jenny Mack, Road Safety & Sustainable Transport Officer – Bay of Plenty Regional Council

Junine Stewart, Regional Advisor, NZTA

Adam Francis , Senior Safety Engineer, BOP, NZTA

Audrey Jensen, Signature Project, ACC

Coral Hair, Administration Officer Policy, Whakatāne District Council

Apologies: Apologies were received and sustained on behalf of

Councillor Haki McRoberts – Ōpōtiki District Council

Councillor Colin Holmes - Bay of Plenty Regional Council

Page 33 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 5 MARCH 2015 COUNCIL - AGENDA

9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

Rob Bullick - New Zealand Transport Agency (NZTA) and

Sergeant Ray Wylie – New Zealand Police

Visitors Kevin Thompson, Maintenance Contract Manager, NZTA and Mike Manion, Higgins Contractors Ltd

1. APPOINTMENT OF CHAIRPERSON FOR THE MEETING

Councillor Silcock was appointed as Chairperson for this meeting in the absence of Councillor McRoberts.

2. WELCOME AND INTRODUCTIONS

The Chairperson opened the meeting and called for attendees to introduce themselves.

3. PRESENTATION – STATE HIGHWAY NETWORK OUTCOMES CONTRACT

Kevin Thompson, Maintenance Contract Manager, New Zealand Transport Agency (NZTA) and Mike Manion, Higgins Contractors Ltd, presented through a power point presentation (refer to tabled document 27A-I) an overview of the State Highway Network Outcomes Contract (NOC) running in the Eastern Bay of Plenty.

Mr Thompson explained that the NOC was a new operation which was different to the previous system and involved work based around fit for purpose works across the networks, shared risk, communication and performance measurements. He stated that there was reward mechanisms built into the model as well as penalties if work was not completed to the required standard. He stated that 55% of the NOC was a lump sum with 45% involving consultative decision making which required justifying the use of NZTA funding.

Mr Thompson stated that in terms of pavement rehabilitation there had been a major shift in thinking that now required robust justification on the best place to spend the available funding and the results were compared nationally. He stated that there was one contract model across the country, which was nationally planned and regionally delivered. He stated that state highway networks were managed in a different way to be smarter and more consistent.

Mr Manion stated that the emphasis was on safety, customers access needs, sustainability and quality service. In terms of contract specifics he stated that Higgins Contractors Ltd was a new contractor with a contract for 7 years plus 2 years renewal. They covered Rotorua and the Eastern Bay of Plenty with their headquarters in Rotorua, however they had bases in Whakatāne, Ōpōtiki, Kawerau and Te Kaha. He stated that they had engaged local suppliers with Waiotahi, Beca and Avalon as the key subcontractors. He stated that the challenge of the area related to the rock falls along the Waioeka Gorge, the coastal margins, major rivers, geothermal, the diverse highway conditions, weather and the expectations of the local communities.

Mr Manion spoke about the new structure – one team diagram (refer to tabled document 27F) and stated that the new model demanded a team approach with increased communication. He spoke about the contract requirements which included attendance at road safety forums.

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

Mr Manion stated that they were doing many of the same things as before; however there was now joint collaboration, more robust measurement and the turn-around for projects was quicker. He cited the example of the Te Teko wide centreline as an example of a more immediate response to the problem.

Messrs Thompson and Manion left the meeting at 1:24 pm.

4. CONFIRMATION OF MINUTES

Refer to pages 8-12 of the agenda.

RESOLVED:

THAT the minutes of the Eastern Bay Road Safety Committee meeting held on 20 October 2014 be confirmed as a true and correct record.

Silcock/Davison CARRIED

5. EASTERN BAY ROAD SAFETY ACTIVITY REPORT 1 OCTOBER – 31 DECEMBER 2014

Refer to pages 13-18 of the agenda.

Paula Chapman, the Manager Community Services, Whakatāne District Council spoke to the report and highlighted the success of the elderly driving courses which now had a waiting list. In response to questioning Ms Chapman advised that the programme was mobile and she would check to see if it had been advertised in Murupara.

She stated that the parking wardens at the Whakatāne District Council were looking at canvassing road safety at schools at times when parents are dropping off and picking up their children, contact is being made with Principals from primary schools. She stated that once this initiative had been discussed with the Police and established in Whakatāne, it would be delivered to Kawerau, Ōpōtiki and Murupara communities.

The Manager Community Services introduced William Stewart who took over from Justine McCleary as the Road Safety Communications Officer.

She stated that Erena Brew had resigned from the position of Senior Community Development Advisor (including the road safety coordination role) and the position was currently being advertised.

5.1. Operations group Meeting 3 February 2015

Martin Taylor, the Manager Transportation, Whakatāne District Council spoke about the Operations Group meeting held on 3 February 2015. He stated that the meeting discussed the following:

Wainui road works progressing to plan. Tree trimming completed from Ōhope to Te Kooti Road. Through community feedback a few poplar trees have been retained. Stage 2 will include clearing Te Kooti Road to Burke Road and also some large pines posing a risk will also be removed. The works are on track and expected to be completed over the next few months. Costs have been reduced as the contractor deducted the value of the trees. Billboards – no billboard changes since 1 October. Te Kaha has requested a couple of billboards. Jenny Mack is working on billboard changes for April to focus on “drive to conditions” and is working with the police to link radio messages with key police messages.

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

Signature project – There is a delivery team meeting planned for the end of February. Louise Kirk (ACC) is leading. Project is moving ahead slowly. A summary on project progress and plans was requested. Media – focus on changing weather conditions and motorcycle safety Focus for Operations group – look at what group needs to do to keep the safety focus up in the community Police working on back to schools campaign, fatigue and motorcycles, high number of elderly in crashes Advertising about “summer ice” by Jenny Mack before last lot of rain was excellent and good timing Positive feedback on the recent reseals being free of loose chips.

RESOLVED:

THAT the report "Eastern Bay Road Safety Activity Report 1 October – 31 December 2014” be received.

Kerr/Savage

CARRIED

6. NZTA ROAD SAFETY ACTION PLAN REPORT FEBRUARY 2015

Refer to pages 19-26 of the agenda.

Marceli Davison stated that feedback on the content of the report would be useful. She expanded on the items contained in her report that included:

“Numbers” – latest speed advertising campaign about excessive speed Southern Coromandel Motorcycle Project NZTP Timelines Warrant of Fitness inspections changes and a new app – NZ WOF reminder State Highway Capital Projects Update Training opportunities Road Toll 2015 Safer Journeys supporting documents and Keeping up to date

Ms Davison stated that the latest road safety outcomes were available on NZTA website which were broken down into Police Districts however the Bay of Plenty area was not broken down into individual councils. She stated that it was an excellent way to track various outcomes and the information was updated quarterly.

RESOLVED:

THAT the report "New Zealand Transport Agency Road Safety Action Plan Report – February 2015” be received.

Kirk/Kerr CARRIED

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

7. POLICE REPORT

Refer to tabled document 27J-K.

Senior Constable Chelley read the Police report (refer to tabled document 27J-K) and highlighted the following issues:

The 2014 road toll ended with 12 deaths from 11 fatal road crashes. Of the 11 fatal crashes in 2014 only 1 was attributed to alcohol as a major contributory factor. The number of alcohol related deaths on our roads has significantly reduced in 2013 and 2014. 1 fatal crash last year involved alcohol, while 2 fatal crashes in 2013 involved alcohol. Police are apprehending fewer drivers for alcohol related offending. Careless driving was a factor in 3 of the fatal crashes. People think if had airbag not help them – not wearing seat belt airbag not save them Speed was a factor in 3 of these crashes but only one for exceeding the posted speed limit. Fatigue is a factor in 3 of the fatal crashes. 3 of the fatal crashes involved motor cycles, 2 of which were the fault of the motor cycle rider. There have also been three serious injury crashes this year involving motor cycles. In all but 1 fatal crash last year, restraints were worn. Initial analysis shows the overall number of crashes has increased in 2014 compared with 2013. The current road toll for 2015 in our area sits at 0 deaths. Police held a 2 day operation targeting motor cycles on November 29 and 30 November 2014. This was due to the increase in crashes and in particular fatal crashes involving motor cycles. ACC supplied 100 DVD’s and 72 water bottles supplied were given out at checkpoints when stopped them. Speed and riders in breach of their graduated licences are both areas of concern. The number of motor cycle crashes this year is causing concern. Rhythm and vines: A serious injury crash occurred on the 31 December 2014 and a minor/non injury crash on the 1January 2015 directly attributed to drivers returning from rhythm and vines. Several vehicles remained in the gorge through mechanical break down and crashes. Behaviour through the gorge was acceptable but staff deployed to Matatā (SH 2) may have prevented a lower crash rate as poor driver behaviour has increased in this area. 2 fatigue stops were held on the 26 December 2014 and the 2 January 2015, both were run by the Gisborne Police and road safety groups. A continued focus for Police has been restraints. Police conducted a number of checkpoints with ACC on 22 January 2015 as part of the signature project with driver licence breaches an issue in this area. The summer Policing period ended with no fatal crashes. There was 1 serious crash in the Waioeka gorge on the 31 December 2014. A cellphone restraint operation was held in Whakatane on the 21 January 2015. As a result 25 tickets were issued. 2 of these were for using a cellphone while driving. This is response to the ongoing crashes on Landing and Domain road. Response to crashes people in morning on cellphones on way to work. Between 27 January and the 5 February 2015 a “Back to School “operation is being held targeting speed in and around school zones and a number of crash reduction measures outside of high risk school times.

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

The tactical alcohol group (TAG) and static speed camera vehicles continue to deploy to the EBOP on regular occasions. TAG coming to Whakatāne on the weekend 13-14 February 2014. Speed, Road works, alcohol, fatigue, changeable weather conditions and motorcycling will be significant risks on EBOP over the coming months. Summer road works were delayed until 19 January 2015 to avoid the heavy traffic flows in the peak holiday period and this assisted with driving conditions.

RESOLVED:

THAT the Police Report be received.

Kerr/Savage CARRIED

8. SIGNATURE PROJECT

Refer to tabled document 27L.

Audrey Jensen, ACC, provided an update on the Signature Project and advised that the governance and working group teams had been determined. These were as follows:

Governance Team:

Harry Wilson, New Zealand Transport Agency John Forbes, Mayor, Ōpōtiki District Council Garry Maloney, Bay of Plenty Regional Council Richard Conway, ACC and Convener Audrey Jensen, Project Manger Kevin Taylor, BOP Road Policing Manager

Working Group:

Louise Kirk (Safe Users – ACC) Shelley Crestani (Changing the Conversation – Contractor) Adam Francis and Mike Russell (Safe Road and Roadsides, NZTA) Scott Bainbridge and Iain Rossiter (Safe Vehicles – NZTA) Kevin Taylor (BOP Road Policing Manager) Marceli Davison (Regional Road Safety Advisor – NZTA)

She stated that the funding procurement process was underway and the networking and relationship building was continuing.

9. 2015 MEETING DATES

Monday, 4 May 2015 at Kawerau District Council

Monday, 3 August 2015 at Ōpōtiki District Council

Monday, 2 November 2015 at Bay of Plenty Regional Council, Whakatāne Office

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9.3 Minutes - Eastern Bay Road Safety Committee 9 February 2015 (Cont.)

Councillor Silcock thanked everybody for their attendance.

THE MEETING CLOSED AT 1:57 PM.

Confirmed this day of

CHAIRPERSON

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10 Mayoral and Chief Executive Reports

10 Mayoral and Chief Executive Reports 10.1 Chief Executive Report: March 2015

Subject: CHIEF EXECUTIVE’S REPORT: MARCH 2015

To: WHAKATĀNE DISTRICT COUNCIL

Meeting Date: THURSDAY, 05 MARCH 2015

Written by: CHIEF EXECUTIVE

File Reference: 1.1.3 – A491202

1. REASON FOR THE REPORT

The purpose of the report is to provide information and advice on Council-related matters.

2. CCTV UPDATE

Southern Trust has confirmed that it will contribute $70,576 towards the upgrading and expansion of our CCTV network. With the Eastern Bay Energy Trust having already committed just over $70,000, we have formally awarded the contract to our preferred supplier, ADT, and are developing a project plan based on agreed priority sites to start the roll-out. A significant amount of preparatory work has already been carried out in lines-of-sight mapping and power requirement identification. We are now waiting on subcontractors to confirm pricing and timing of the electrical at each location.

Once power can be supplied to each site, the rollout will be completed within a few weeks.

3. SOCIAL HOUSING

An advertising campaign to gather expressions of interest from registered Community Housing Providers – or providers intending to seek registration – in the purchase and operation of Council’s pensioner housing portfolio has been completed. The REOI process closed on 27 February. The Property Group and delegated members of the Social Housing Sub-committee will meet on 13 March to review the responses. The group will report back to the sub-committee. The outcomes and any recommendations that flow from that process will then be brought to Council.

4. NEW BUDGETING AND FORECASTING SYSTEM

We are currently in the implementation phase of a project to introduce a new budgeting and forecasting system called MiBI (short for “My Business Intelligence”). MiBI is due for release to all budget managers and other relevant staff in March. Prior to the go-live date, all MiBI users will receive training in small groups, followed by one-on-one training as required. The new system will produce monthly financial reports for managers and Committee reporting and will also be used to produce financials for future annual plans, the Annual Report and LTPs. The system will provide greatly improved access to financial information for both finance staff and budget managers, allowing better informed decision-making.

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10.1 Chief Executive Report: March 2015 (Cont.)

5. MANAGEMENT CHALLENGE

Our 2014 Management Challenge team, the Moutohora Muttonbirds, did an exceptional job and only missed out on taking top honours for Australasia by the slimmest of margins. This year’s team members are: Cashy Ball, Shari Jones, Liisa Tioke, Martin Taylor, Hamish Pettengell and Jesse Jarlov, with Henry Pipkin returning as mentor. They have yet to come up with a snappy name, but have already begun preparations for the challenge, which will take place in Wellington on 31 March 2015.

6. DEFIBRILLATOR FOR CIVIC CENTRE

A defibrillator has been purchased and will be housed in Customer Services in the Civic Centre. Previously, the nearest defibrillator available was in the ACC building on Pyne Street, and given the number of people either employed or passing through this building, it was decided that it was desirable to have a machine much closer to hand. The defibrillator is very easy to use, with automatic voice prompts meaning no formal training is required.

7. CIVIC CENTRE EXTERIOR PAINTING AND MAINTENANCE

The condition of the Civic Centre exterior has recently been assessed by staff and consultants. Areas requiring maintenance as a result of ageing, corrosion or health and safety issues were identified as follows:

The roof needs to be painted, due to chalking and age, and the nails need to be replaced with screws. This will extend its life for another 10 – 15 years; The gutters need to be replaced due to age and corrosion; The fixed metal-grill sunscreens should be permanently removed due to corrosion and rust, as repairing them would be costly. The ground floor screens have also been identified as a health and safety issue, due to people hitting their heads when walking or working around the building.

All of the above maintenance work will require the use of scaffolding, which is estimated to cost approximately $23,000. While the scaffolding is in place, it considered prudent to paint the exterior walls where the existing paintwork is nearing the end of its serviceable life. Completing this work as one project will help keep costs to an acceptable level. The proposed colour option is illustrated below.

8. MARAETŌTARA STREAM WORKS

Stormwater works to the west of the Maraetōtara Stream were completed before Christmas, and the project resumed in February. The work on the eastern side of the stream, in the area of the Chartered Club, is expected to be completed by the end of March. This involves a new 1350mm diameter pipe from the drain adjacent to the Chartered Club through to the Maraetōtara Stream. Our designers are currently working on a drainage solution for the residential area east of the stream.

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10.1 Chief Executive Report: March 2015 (Cont.)

9. CREMATORIUM CLOSED FOR MAINTENANCE

Electfurn Contractors will be carrying out maintenance and upgrading works to our cremator unit which, has required the closure of the Crematorium from Friday, 27 February through to Friday, 13 March 2015. Normal operations will resume from 9am on 14 March. The Chapel facility will also be closed through the work period. Funeral directors in Whakatāne have been notified so alternative arrangements can be made.

10. GORGE ROAD CYCLEWAY/WALKWAY

The construction of a shared-use cycleway and walkway from the bottom of Gorge Road to White Horse Drive has been added to our 2014/15 capital works programme. Such projects are normally considered through the annual plan process, but in this instance, the Council was asked to submit a special funding application to NZTA late last year, to take advantage of the availability of Government walking and cycling subsidy funding. NZTA will contribute just over $776,000 towards the $1.36 million work programme, which also includes drainage and road shoulder improvements. Most of the remaining Council share will be met from existing budgets, but external contributions will be sought to cover a project funding shortfall of $164,000.

For most of its length, the shared-use pathway will be three metres wide, but will narrow to 2.5 metres in areas where retaining wall structures are required to extend the off-road space available. The existing uphill passing lane will be retained.

11. REVIEW OF PARKS, GARDENS AND RESERVES AND 3WATERS FIELD OPERATIONS

The General Managers overseeing our Parks, Gardens and Reserves and 3 Waters field operations are undertaking a review of the service delivery in these areas.

The primary purpose of the review is to identify and consider potential ways to improve our performance, and in particular, look for opportunities to maximise both service delivery efficiency and the alignment between policy and field operations.

Input from staff has been sought and General Managers were to report back to the Executive in early March. Any initiatives arising from the review will be the subject of further consultation.

12. KEEPA ROAD GREEN WASTE RESOURCE CONSENT HEARING

The resource consent hearing for the proposed Keepa Road Green Waste Processing Facility took place on Wednesday 18 February. Council have a further written submission to make before the commissioners decide whether to issue the required consents.

13. HEREPERU ROAD ISSUES

Several issues have arisen around the work designed to address a damage-prone section of Hereperu Road, where stormwater tracking down the road surface during heavy rainfall events has caused repeated problems. Considerable work has gone into developing the project plan and ensuring the local community was consulted. It appears the contractor started work on the adjoining property before a formal agreement addressing the owners‘ concerns and formalising a land swap deal had been finalised. This project involves a swale channelling run-off into a new and much larger box culvert under the road. Staff are working through the resulting issues and hope to commence the work soon.

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10.1 Chief Executive Report: March 2015 (Cont.)

14. ENVIRONMENT COURT HEARING – MATATĀ WASTEWATER SCHEME

Resource Consents for this project were issued in June 2014. Appeals against the consents were lodged by Sustainable Matatā Inc. and were subsequently joined by Ngāti Rangitihi Raupatu Trust Inc. and Matatā Lot 6A Papakāinga Komiti. Following an unsuccessful mediation process, the Environment Court considered the appeals in a three-week hearing, beginning on 27 January 2015.

On Monday 16 February (the ninth day of the hearing), we finished giving evidence on behalf of the applicant and consenting bodies (WDC and BOPRC). The Court then heard evidence on behalf of the appellant, Sustainable Matatā and Ngāti Rangitihi Raupatu Trust Inc. and Matatā Lot 6A Papakāinga Komiti Inc. There were 11 hearing days over a three week period, with the hearing concluding on Thursday, 19 February. The Court has reserved its decision, but is aware of the urgency issues around the subsidy funding. The Judge indicated that a decision may not be expected within the standard three month period, and if it was inclined to grant consent, would still have to decide on what terms. The Court indicated that if it was minded to grant consent, it may issue an interim decision requesting comment or further conditions to address water quality and any other matters of concern.

15. HILLCREST ROAD WORKS

Higgins Contractors Bay of Plenty has started road reconstruction and kerb/channel works on part of Hillcrest Road. This programmed maintenance work is scheduled to extend through until 17 March and will be undertaken between 7am and 6pm each day, weather permitting. The work will require the southern entrance to Seaview Road to be closed at times, but access will be maintained for residents via the northern end of the road. Hurinui Ave, Carling Road and Toi Street will also be affected by the works at various times. Traffic control will be in place and delays can be expected, so commuters have been advised to use Gorge Road whenever possible.

16. WATER CONSERVATION

The water restriction status for the Whakatāne and Ōhope water schemes remains at level one – voluntary conservation – for the moment. Over the past fortnight, the river flow had dropped below 11 cubic metres per second, but the rain early last week saw the flow increase to 14.1 by mid-week. Salinity remains a constant issue and our water treatment team is doing an excellent job of maintaining reservoir storage levels by closely managing the intake source. That involves a heavy reliance on the upstream emergency intake (‘Nessie’). If the river flow falls below 10 cumecs, we will immediately move to level two status, which involves hose and sprinkler use restrictions.

Consumption in the two schemes has reduced significantly as the conservation message takes effect, falling from a daily average of more than 7,500 cubic metres to between 6,000 and 7,000 cubic metres a day over the past fortnight. Reservoir storage has ranged between 70 and 80 percent each day, after the morning peak demand period has concluded.

Staff are closely monitoring all aspects of the water supply situation and we are maintaining a high level of community awareness, via our social media and messages carried by local news media. That situation will continue until the level of rainfall in the catchment increases and the resulting higher river flow eliminates salinity at the treatment station intake.

17. MBIE AUDIT

The Ministry of Business, Innovation and Employment (MBIE) undertook a technical review of several of our territorial authority building control functions in early February 2015. The specific functions covered included: amending compliance schedules outside the building consent process; enforcement of the building warrant of fitness system including site audits and formal enforcement actions; and

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10.1 Chief Executive Report: March 2015 (Cont.)

site audits of passive fire systems. As part of the process, site-specific audits were carried out of six premises subject to a compliance schedule/building warrant of fitness, of differing categories. Also included were all of the practices, procedures and documentation associated with the Council’s building compliance schedule and warrant of fitness regime. The Council has received the audit results which suggest that we will need to undertake more site-specific audits of premises; that compliance schedules will need to be made more site and premise-specific; and that we should consider being more proactive in the use of the enforcement provisions of the Building Act 2004. The auditors’ experience also indicates that we should have additional resource dedicated to this role.

18. BAY OF PLENTY REGIONAL COUNCIL REPORT

The BOP Regional Council has recently completed a report entitled ‘The Nature and Value of Regional Council Functions and Services in the Bay of Plenty’ 10 February 2015 – John Hutchings, Henley Hutchings.

The stated purpose of the report was to articulate the value of regional council functions and services in the Bay of Plenty. This was seen as an important building block for BOPRC’s contribution to the Local Government Futures project and also for the development of BOPRC’s response to any application by another party for local government reorganisation in the Bay of Plenty, should this be required.

The report focuses primarily on regional council functions and services, how these are currently delivered in the Bay of Plenty, and the value they provide to the region’s community and environment.

BOPRC approved the report for public release at its Council meeting on 10 February 2015. In releasing this report, it was reiterated that BOPRC’s current position on local government reorganisation in the Bay of Plenty continues to be that it seeks only to be sufficiently informed to enable it to respond to an application, should this be required – not to prepare and submit an application itself. However, responding to another party’s application would require BOPRC to have formed a view on the relative merits of existing local government arrangements in the region (the ‘status quo’ option), compared to a range of other ‘reasonably practicable’ options that other parties might promote.

At the 10 February meeting, BOPRC also agreed to commission a further piece of work that would apply the Local Government Commission’s decision-making framework to the Bay of Plenty region.

19. SUBMISSION TO THE BAY OF PLENTY REGIONAL COUNCIL’S LONG TERM PLAN 2015-25

All Councils are currently in the process of developing their respective 2015-25 Long Term Plans. Bay of Plenty Regional Council is currently consulting on their document and will attend the Council meeting to discuss their LTP. It is considered essential that the Council engage in the consultation processes and make a submission.

Submissions on the BOPRC’s LTP must be received by 20 March 2015. Unfortunately there are no Council meetings or Committee meetings before this date that a draft submission can be taken to for approval. Delegation is therefore sought for the Mayor and CE to approve a submission to the Bay of Plenty Regional Council’s LTP. A draft submission will be circulated to Councillors prior to being approved.

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10.1 Chief Executive Report: March 2015 (Cont.)

20. LION FOUNDATION FUNDING FOR MURUPARA HALL/GYMNASIUM

Works have begun on the Ministry of Education’s total rebuild of the Murupara Area School. In the meantime, the School continues to utilise the Murupara Hall to support school activities. We are waiting to hear if Murupara Area School was successful in its application to the Lion Foundation Trust for a funding contribution to the shared-use, community and school hall and gymnasium facility. If successful, this would mean that the budgeted community contribution ($160,000) to the project would be fully met.

Staff are now liaising with the Ministry around an operational agreement for the hall/gymnasium, once completed.

21. LOCAL GOVERNMENT FUNDING

Local Government New Zealand (LGNZ) has produced a discussion paper around Local Government Funding. The paper is intended to stimulate discussion.

The Paper recognises the importance of local government in contributing to local economic success, but points out that to achieve this, local government requires the right tools and resources to operate effectively and sustainably.

The Paper identifies three key pressures that affect the sustainability of local government funding systems and contribute to increased costs for Councils. These are:

Changing demographic and economic growth; Increased community and central government expectations; and Increasing impacts from natural hazards and environmental challenges.

The Paper raises questions around the current funding system, looking at whether the ‘one size fits all’ approach and reliance on one rating tool is suitable, and raises alternative funding options for discussion. Some of the options identified include local income tax, local expenditure tax, regional fuel taxes, contestable subsidies and others.

The Paper also proposes a new, principles-based partnership between Central and Local Government. Central Government decision-making is proposed to be guided by two principles, whenever a decision will result in cost implications for Local Government. These principles are: full consultation with Local Government and cost-benefit analysis to include the costs and benefits for local government; and where there are national as well as local benefits, Central Government provides a proportionate amount of co-funding to meet implementation costs.

The Paper provides no definitive answer or solution, but seeks comment from the sector, Central Government, business and others. The consultation period closes on 27 March 2015 and a recommendation will be provided at the next Policy Committee meeting.

22. CHIEF EXECUTIVE DELEGATION

The Chief Executive currently approves payments to the Bay of Plenty Regional Council for the rates that Council collects on its behalf, as well as payments to the IRD and other agencies for tax, GST and other treasury transactions. Given that these can be quite large payments and that they have been increasing (up to $2 million per quarter to the Regional Council), it is necessary to clearly cover my ability to authorise this expenditure in the Delegations Register. I have included a recommendation at the end of my report for a generic delegation. Given that the dollar values keep changing over time, I see this as a more sensible approach than a specific monetary sum.

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10.1 Chief Executive Report: March 2015 (Cont.)

RECOMMENDATIONS:

1. THAT the report “Chief Executive’s Report: March 2015” be received; and 2. THAT the Council delegate authority to the Mayor and Chief Executive to approve the submission to the Bay of Plenty Regional Council’s Long Term Plan; and 3. THAT the Chief Executive be delegated the authority to approve agency payments up to the limit necessary to the Inland Revenue Department, Bay of Plenty Regional Council and lending institutions, including but not limited to rates, GST, taxes.

Report writer: Marty Grenfell Chief Executive

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10.2 Mayor’s Report

10.2 Mayor’s Report

Subject: MAYOR’S REPORT

To: WHAKATĀNE DISTRICT COUNCIL

Meeting Date: THURSDAY, 05 MARCH 2015

Written by: HIS WORSHIP THE MAYOR

File Reference: 1.2.5 - A488303

1. INTRODUCTION

Now that we are settled into 2015 it is time to reflect on the many aspects of Council. It is important that we get the Long Term Plan right to make sure that the Whakatāne District is placed in the right space to succeed in the next ten years.

A few points to expand on are:

2. PRESENTATION FROM PROFESSOR NATALIE JACKSON AND DR PETER MATANLE

On 20 January we were honoured to host a visit from Professor Natalie Jackson and world-renowned speaker, Dr Peter Matanle of Sheffield University. Dr Matanle is a senior lecturer in Japanese studies and has studied Japan’s shrinking population.

Professor Jackson had presented earlier to Council’s in the Eastern Bay of Plenty on the fact that if we did nothing to change the reasons for people to live here we would suffer population decrease.

The presentation from Dr Matanle was of extreme interest to those that attended. Many countries of the world, including many European Union countries, are experiencing de-population.

As mentioned, de-population offers opportunities. If we understand the challenges ahead of us then it will be easier for us to tackle a vibrant substantial future.

3. RANGITĀIKI RIVER FORUM

The Rangitāiki River Forum was formed in May 2012 by law to protect and enhance the mauri of the Rangitāiki River and its tributaries.

The forum is a partnership made up of representatives from Ngāti Whare, Ngāti Manawa, Ngāti Awa, Tūwharetoa (Bay of Plenty) as well as Councilors from Bay of Plenty Regional Council and Whakatāne District Council.

The forum was established and the ‘Te Ara o Rangitāiki – Pathways of the Rangitāiki River’ document has been produced.

Recently I was informed by the Office of Treaty Settlements that the settlement of Hineuru is about to be completed. Part of their settlement package is to provide Hineuru with a seat on the Rangitāiki River Forum and also a seat to their local authority, The Taupō District Council.

These changes will take place in the near future.

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10.2 Mayor’s Report (Cont.)

4. RANGITĀIKI RIVER TRACK

On 3 February, Councillor Pullar and myself joined Councillor Silcock who had organised a meeting of interested parties to re-establish the Rangitāiki Fishing Track.

A number of organisations were present and the general consensus is to move forward with re-opening the track.

At the end of the meeting Councillor Silcock sowed the seed of a very exciting idea of forming a cycleway from the Napier-Taupō highway following the Rangitāiki River to Murupara. Better still why not follow the river right to the coast at Thornton? This could become one of New Zealand’s iconic rides.

I support Councillor Silcock in this conceptual stage.

Attached are the minutes from 3 February meeting (Appendix 1).

5. GROW WHAKATĀNE ADVISORY BOARD

In early December I received notice from Councillor Scott Jarrett that due to workload pressure he would no longer be available to sit on the Grow Whakatāne Advisory Board. Councillor Jarrett has offered a good contribution to the Board since its inception. I thank Councillor Jarrett on behalf of Council for his contribution.

Councillor Julie Jukes had previously shown an interest in giving the Board her contribution. I believe Cr Jukes has commercial, accountancy and commerce skills to offer the advisory board and will be a suitable replacement. I recommend that Councillor Jukes by appointed.

6. AIR NEW ZEALAND WITHDRAWAL OF SERVICES

I am still very much involved in working with Air Chathams to try and have Air New Zealand allow Air Chathams to have an interline agreement between the airlines. (An interline agreement allows a seamless booking and flight option for all those passengers that are going further through Auckland).

This involves working with our local MP, the Hon Anne Tolley, Mayors of other affected airports and Local Government New Zealand. Next week a meeting of the Mayor’s and LGNZ will take place in Wellington.

The recent assessment of the value of the scheduled flight services from Whakatāne to Auckland was that this is worth $17 million to our community. Airports and air services are a key piece of infrastructure for regional development. While we might be one of the areas affected by the recent Air NZ decisions, should Air NZ continue its approach to reduce the number of regional areas serviced across NZ the role of the second tier airlines and importance of an open process for changing between airlines will only increase.

We want an interline agreement to give our second tier operator a good chance of succeeding and expanding on what Air NZ has previously offered us.

7. AIR CHATHAMS OPEN DAY

On 26 April an open day will be held at the Whakatāne Airport to celebrate the arrival of Air Chathams. Local Rotary Club, Whakatāne Sunrise, is helping to organise this Council/Air Chathams event and weekly meetings are taking place.

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10.2 Mayor’s Report (Cont.)

Air Chathams has organised for a Viper Jet, Yuk aircraft, its DC3, Convair and Metroliner aircraft to be there. Other displays and activities are in the planning and it will be a day the community will enjoy and remember.

8. MEETINGS AND FUNCTIONS ATTENDED BY HIS WORSHIP THE MAYOR – OR HIS NOMINATED REPRESENTATIVE

10 Jan Lions Berry Queen crowning – Deputy Mayor attended

17 Jan Summer Arts Programme – opening event (Dance Extravaganza)

20 Jan Dr Peter Matanle presentation

3 Feb Meeting re Rangitāiki River track – Murupara

5 Feb Regional Land Transport submission – speaking on behalf of WDC

12 Feb Citizenship Ceremony

18 Feb Mayor’s coffee morning

18 Feb ANZAC Day working party

19 Feb LGNZ 3 Waters workshop – Rotorua

20 Feb Meet & greet with AOPA visitors

21 Feb Rotorua Lakeside Concert – guest of Rotorua District Council

24 Feb Met with Bay Trust CEO, Alastair Rhodes

24 Feb WDC/Chamber of Commerce – strategic issues quarterly meeting

26 Feb Awanuiarangi Council meeting

27 Feb Zone 2 – Cr Pullar represented Mayor and WDC

27 Feb Funeral – Museum Board member Jacqui Otley – Cr Jarrett represented Mayor and WDC

27 Feb LG Futures Governance meeting

22 meetings with individuals/groups

9. CONCLUSION

10. QUOTE

“A nation’s culture resides in the hearts and in the soul of its people”.

Mahatma Gandhi

RECOMMENDATIONS:

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10.2 Mayor’s Report (Cont.)

1. THAT the Mayor’s Report be received. 2. THAT Council appoint Councillor Julie Jukes to the Grow Whakatāne Advisory Board.

Report Authorisation

Report writer: Tony Bonne Mayor

Attached to this report:

Appendix 1 Minutes of Rangitāiki River Track 3 February meeting

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10.2.1 Minutes of the Rangitaiki Fishing Track meeting - 3 February 2015

10.2.1 Minutes of the Rangitaiki Fishing Track meeting - 3 February 2015

Minutes of the Rangitaiki Fishing Track meeting held on February 3, 2014 at the DOC office, Main Rd, Murupara.

Meeting commenced : 10:10am

Karakia: Maurice Toetoe

Present: Megan Paton – Galatea Sports and Riding Club; Earl Rewi, Jade King Hazel – DOC Murupara; Anthony van Dorp – Fish and Game NZ; Glenis Howden, Marie Merriman –walker Murupara; Katherine Oliver , Thomas Morgan, John Turner – Rotorua Cross Country Tramping; Colin Cardiff -Nga Tapuwai; Dave Silcock – Galatea; Maurice Toetoe, Ima Nuku, Byron Rangiwai, Tania Edwards, Maramena Vercoe –Te Runanga O Ngati Manawa; Tony Bonne – Mayor Whakatane District Council; John Pullar, Alison Silcock – Councillor Whakatane District Council; Roz Oliver – biker Galatea; Colin Holmes – BOP Regional Counci; Bob Hendriks – bike trekking Murupara; Stan Heather – Te Ika Whenua hunting and Fishing Club; Colin Maunder – Timberlands; Gerda Corporaal – Galatea / Reporoa Walking Group

Apologies: Andy Garrick – Fish and Game Eastern Region; Murray Downie – flyfishing Murupara; Jacob Tekurapa, Carolyn Meihana, Patrick McCarthy, Mem Jenner – Murupara Community Board; Fiona Hennessay,Paula Chapman – Whakatane District Council staff; Dave Balfour – Timberlands

Chairperson: Colin Holmes Minutes: Alison Silcock

Introduction given by each person

Earl Rewi and Jade King-Hazel from DOC gave background to the Rangitaiki Fishing Track. As the access is through Timberlands there has been minimal use in the last 3 years. The track is still open to walkers /trampers.DOC only looking at tracks with high use to maintain. Barrier – low use , ongoing cost of maintenance. Second lowest asset in our district.Can we get passed the access issue?? No access then DOC looking at closing this track though there are options for iwi and community.

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10.2.1 Minutes of the Rangitaiki Fishing Track meeting - 3 February 2015 (Cont.)

Maramen Vercoe – Rangitaiki River Forum – access to be discussed with Timberlands and CNI. It is ideal for all NZ’ers to have access to any resources.

Colin Maunder – Timberlands manage the Kaingaroa Forest on behalf of CNI Iwi. Crown Forest licence provisions for access to River Rd (now closed), Ngahuinga Rd and Kiorenui Rd. Forest is private land / work site. Reservations as to public in forest –vehicle safety, fire, security .Access restricted during the fire season for hunting and fishing. Joint access committee to develop policy – Timberlands and CNI IWI. Unlikely to allow vehicles on other roads.

Jade King-Hazel, DOC would only maintain their part of the track to walking standard.

Is there a DOC margin all the way up the river?

Maurice Toetoe – Ngati Manawa were handed the land from the Crown a year ago. Survey lines have yet to be drawn up.

Anthony van Dorp – Fish and Game are neutral about a new track.

For DOC to upkeep their track they would need 20,000 visitors per annum.

Maramena Vercoe – if there are the numbers no reason why cycle and horse tracks cannot be built.

DOC would be able to get the vegetation under control and bring it up to standard in 2 days.

Resolved: Effort on the current track – DOC then work towards State Highway 38 , that would be where other funding would come in. DOC open to partnerships with community groups / iwi. Start as a community group from those present.

Alison Silcock - A cycle way from Murupara to the Napier -Taupo Highway following the Rangitaiki River. Government share funding. Tourism opportunities.

Karakia: Maurice Toetoe

Meeting closed : 11:20am Alison Silcock 04/02/15

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11 Resolution to Exclude the Public

11 Resolution to Exclude the Public 11.1 Resolution to Exclude the Public

THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

1. Public Excluded Minutes – Hearings Committee 12 December 2014 2. Public Excluded Minutes – Extraordinary Council 27 January 2015 3. Public Excluded Minutes – Grow Whakatāne Advisory Board 22 December 2014

The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of Reason for passing Ground(s) under section 48(1) for the passing each matter to be this resolution in of this resolution considered relation to each matter

1 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – Hearings withhold exists the proceedings of the meeting would be likely Committee 12 under Section 7. to result in the disclosure of information for December 2014 which good reason for withholding exists. Section 48(1)(a)

2. Public Excluded Good reason to That the public conduct of the relevant part of Minutes – withhold exists the proceedings of the meeting would be likely Extraordinary under Section 7. to result in the disclosure of information for Meeting 27 January which good reason for withholding exists. Section 2015 48(1)(a)

3 Public Excluded Good reason to That the public conduct of the relevant part of Minutes – Grow withhold exists the proceedings of the meeting would be likely Whakatāne Advisory under Section 7. to result in the disclosure of information for Board 22 December which good reason for withholding exists. 20142014 Section 48(1)(a)

This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:

Item No Interest

2 Prevent the disclosure or use of official information for improper gain or improper advantage (Schedule 7(2)(j)

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11.1 Resolution to Exclude the Public (Cont.)

Item No Interest

2, 3 Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))

3 Protect the privacy of natural persons, including that of deceased persons

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12 Public Excluded Business

12 Public Excluded Business 12.1 Public Excluded Minutes - Extraordinary Council Meeting 27 January 2015

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12.2 Public Excluded Minutes - Hearings Committee 12 December 2014

12.2 Public Excluded Minutes - Hearings Committee 12 December 2014

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12.3 Public Excluded Minutes - Grow Whakatāne Advisory Board 22 December 2014

12.3 Public Excluded Minutes - Grow Whakatāne Advisory Board 22 December 2014

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12.4 Chief Executive Six Month Performance Review

12.4 Chief Executive Six Month Performance Review

Information on this items will be tabled at the meeting.

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