notice of an ordinary meeting of council agenda

1 Council Meeting Agenda 26 November 2020

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01-15-010\25-01 RDC - 1075994

NOTICE OF AN ORDINARY MEETING

OF

COUNCIL

AGENDA

Date: Thursday 26 November 2020

Time: 9.30am

Venue: Council Chamber

MEMBERSHIP

Chairperson Mayor Chadwick

Deputy Chairperson Cr Donaldson

Members Cr Bentley

Cr Kai Fong

Cr Kumar

Cr Macpherson

Cr Maxwell

Cr Raukawa-Tait

Cr Tapsell

Cr Wang

Cr Yates

Quorum 6


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NGĀ TUKUNGA HAEPAPA A TE KAUNIHERA -

COUNCIL DELEGATIONS

Type of Committee Council

Subordinate to

Subordinate

Committees

Strategy, Policy and Finance committee

Operations and Monitoring committee

District Licencing committee

CEO performance committee

RMA Policy Committee

Audit and Risk Committee

Legislative Basis Schedule 7 S30 (1) (A), Local Government Act 2002

Committee delegated powers by the Council as per Schedule 7, S32, Local

Government Act 2002

Purpose The purpose of the Council is to make decisions on all matters that cannot

be delegated, that it has not delegated or that it has had referred to it by

staff or a committee.

Reference 01-15-010

Membership Mayor Steve Chadwick (Chair)

Deputy Mayor Councillor Dave Donaldson (Deputy Chair)

All councillors

Quorum 6

Meeting frequency Monthly

Delegations the power to make a rate

the power to make a bylaw

the power to borrow money, or purchase or dispose of assets, other

than in accordance with the Long-term Plan

the power to adopt a long-term plan, annual plan, or annual report

the power to appoint a chief executive

the power to adopt policies required to be adopted ad consulted on

under the LGA 2002 in association with the long-term plan, or

developed for the purpose of the local governance statement; and

the power to adopt a remuneration and employment policy

the power to set and support strategies in measures related to

emergency matters.

all the powers, duties and discretions under the Civil Defence Act

for the proper operation and administration of the approved Civil

Defence Plan; such delegation to be executed solely within the

defined policy guidelines as determined from time to time by the

Council and subject to the Financial limits imposed by the approved

Council estimates.

Relevant Statutes All the duties and responsibilities listed above must be carried out in

accordance with the relevant legislation.

Limits to Delegations Powers that cannot be delegated to committees a per the Local

Government Act 2002 Schedule 7 S32


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Order of Business

1 Opening karakia - Karakia whakapuaki ..................................................................... 4

2 Apologies - Ngā whakapaaha ................................................................................... 4

3 Declarations of interest - Whakapuakitanga whaipānga ........................................... 4

4 Urgent items not on the agenda - Ngā take whawhati tata kāore i te rārangi take .... 4

5 Confirmation of Minutes – Te whakaū i ngā meneti .................................................. 5

5.1 Council Minutes 29 October 2020 ........................................................................... 5

6 Recommendations from other Committees – Ngā Taunakitanga a ētahi atu Komiti 11

6.1 Report of the Operations & Monitoring Committee Meeting held 5 November

2020 ........................................................................................................................11

6.2 Report of the Strategy, Policy & Finance Committee Meeting held 12 November

2020 ........................................................................................................................13

7 Staff Reports – Pūrongo Kaimahi ............................................................................. 15

7.1 Adoption of Council’s Annual Report for the year ended 30 June 2020 ...............15

7.2 Decision on Plan Change 3 Significant Natural Areas ............................................18

7.3 Schedule of Meetings – 1 January to 31 December 2021 .....................................24

8 Resolution to go into Public Excluded - Ka Matatapu Te Whakataunga I Te

Tūmatanga (to consider and adopt confidential items) ........................................... 27


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1 Opening karakia - Karakia whakapuaki He karakia mō Te Kaunihera o ngā Roto o Rotorua E te Atua kaha rawa, ko koe te tohu Rangatira, te tohu mātauranga. Manaakitia mai mātau, wāu pononga i tēnei wā, e mahi nei i a mātau mahi, mō te painga o ngā tāngata, o Te Kaunihera o ngā Roto o Rotorua. Takua mai kia tau te rangimārie ki runga i a mātau i ngā wā katoa. Ko Ihu Karaiti hoki tō mātau Ariki Āmine

Council Prayer Almighty God, who alone is the leader of all mankind and the fountain of all knowledge. Send thy blessing upon us your servants this day as we strive to do all things good for the betterment of the people of the Rotorua district. May we be tolerant in ourselves at all times. Through Jesus Christ our Lord. Amen

2 Apologies - Ngā whakapaaha The Chair invites notice from members of:

1. Leave of absence for future meetings of the Rotorua Lakes Council; or

2. Apologies, including apologies for lateness and early departure from the meeting,

where leave of absence has not previously been granted.

3 Declarations of interest - Whakapuakitanga whaipānga Members are reminded of the need to be vigilant to stand aside from decision making

when a conflict arises between their role as a member and any private or other external

interest they might have.

4 Urgent items not on the agenda - Ngā take whawhati tata kāore i te rārangi

take The Chair will give notice of items not on the agenda as follows:

Matters Requiring Urgent Attention as Determined by Resolution of Rotorua Lakes Council

The Chairperson shall state to the meeting.

1. The reason why the item is not on the agenda; and

2. The reason why discussion of the item cannot be delayed until a subsequent

meeting.

The item may be allowed onto the agenda by resolution of the Rotorua Lakes Council.

Minor Matters relating to the General Business of the Rotorua Lakes Council.

The Chairperson shall state to the meeting that the item will be discussed, but no

resolution, decision, or recommendation may be made in respect of the item except to

refer it to a subsequent meeting of the Rotorua Lakes Councill for further discussion


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5 Confirmation of Minutes – Te whakaū i ngā meneti

5.1 Council Minutes 29 October 2020

01-15-010\26 RDC-1070415

Minutes

Council meeting held Thursday 29 October 2020, 9.30am

Council Chamber, Rotorua Lakes Council

MEMBERS PRESENT: Mayor Chadwick, (Chairperson) Cr Bentley, Cr Donaldson, Cr Kai Fong, Cr Kumar, Cr Maxwell, Cr Raukawa-Tait, Cr Macpherson, Cr Tapsell, Cr Wang, Cr Yates

APOLOGIES:

Cr Tapsell for lateness

STAFF PRESENT:

G Williams, Chief Executive, C Tiriana, Manager CE Office; O Hopkins, Manager Corporate Planning & Governance; T Collè, Chief Financial Officer; JP Gaston, Group Manager Strategy; J Mikaere, Group Manager Operations; G Rangi, Manahautū Māori; I Tiriana, Manager Council Communications; R Dunn, Governance Lead; H King, Governance Support Advisor;

The meeting opened at 9.31am.

The Mayor welcomed Councillors, media, staff and members of the public

1 KARAKIA WHAKAPUAKI

OPENING KARAKIA

Cr Donaldson opened meeting with a Karakia.

2 NGĀ WHAKAPAAHA

APOLOGIES

RESOLVED

That the apologies from Cr Tapsell (lateness) be accepted.

Moved: Cr Wang

Seconded: Cr Donaldson

CARRIED


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3 WHAKAPUAKITANGA WHAIPĀNGA

DECLARATIONS OF INTEREST

There were no Declarations of Interest.

4 NGĀ TAKE WHAWHATI TATA KĀORE I TE RĀRANGI TAKE

URGENT ITEMS NOT ON THE AGENDA

Inner-city safety - Mayor Chadwick raised concerns received from retailers regarding the recent

decision to reduce the security patrols.

Geoff Williams, Chief Executive, explained that following the COVID-19 lockdown period the inner city

security presence had been reduced as the number of visitors declined. However following

collaboration with policy and concerns received from retailers and the community the level of service

has now been re-instated.

ATTENDANCE: Cr Tapsell joined the meeting at 9.42am.

5. TE WHAKAŪ I NGĀ MENETI CONFIRMATION OF COUNCIL MINUTES

5.1 ORDINARY COUNCIL MEETING – 24 SEPTEMBER 2020

RDC-1059121 Resolved That the minutes of the Council meeting held 24 September 2020, be confirmed as true and correct.

Moved: Cr Yates

Seconded: Cr Wang

CARRIED

6 TE WHAKAWĀTEA I NGĀ TUHINGA MATATAPU

RELEASE OF CONFIDENTIAL ITEMS

6.1 REPORT OF CONFIDENTIAL ITEMS TO BE RELEASED

RDC-1066906

Resolved

1. That the “ Report of Confidential items to be released’ be received.

Moved: Cr Donaldson

Seconded: Cr Yates

CARRIED


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7 NGĀ TAUNAKITANGA A ĒTAHI ATU KOMITI

RECOMMENDATIONS FROM OTHER COMMITTEES

7.1 REPORT OF THE STRATEGY, POLICY & FINANCE COMMITTEE MEETING 8 OCTOBER 2020 RDC-1065275

Resolved

1. That the “ Report of the Strategy, Policy & Finance Committee meeting 8 October 2020’ be received.

Moved: Cr Kai Fong


CARRIED

That the following recommendations of the Strategy, Policy & Finance Committee meeting

held 8 October 2020 be adopted:

RECOMMENDATION 1

REVIEW OF THE CLASS IV GAMBLING AND BOARD VENUE POLICY 2017

RDC-1059524

Resolved

That Council agree:

1. That consideration be given to the decision-making requirements of the Gambling Act 2003, the Racing Industry Act 2020 and the Local Government Act 2002.

2. That no changes be made to the current RLC Gambling Policy 2017 with the exception of minor amendments to reflect that the Racing Act 2003 has been replaced by the Racing Industry Act 2020.

3. That they remain informed of the matters regarding relocations and license transfers by

requesting further reports from the Department of Internal Affairs under section 103 of the Gambling Act on a six monthly basis.

4. That Council undertake an assessment of all premises holding both tavern licences and class IV gambling venue licences in the district to determine whether their primary activity is the sale of alcohol and other refreshments and not gambling.

5. That Council request from the Department of Internal Affairs data on the number of Lottery outlets and TAB outlets nationally and for the Rotorua District, that further analysis of the grants information be carried out to identify more clearly where the grants money is going in Rotorua, that the DIA be requested to collect grants information directly from the corporate societies to enable this analysis to be undertaken more easily and that the corporate society owners of the gambling machines in Rotorua be encouraged to distribute more to the community in the Rotorua district than the average 22%.


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Moved: Cr Macpherson


CARRIED

Cr Maxwell took no part in the discussion and voting on this item.

RECOMMENDATION 2 ADOPTION OF DRAFT OPEN SPACE LEVEL OF SERVICE POLICY FOR PUBLIC CONSULTATION

RDC-1055580

Resolved

1. That Council agree that the proposed Draft Open Space Level of Service Policy be adopted for public consultation pursuant to Section 82 of the Local Government Act 2002.

Moved: Cr Wang

Seconded: Cr Kai Fong

CARRIED

8 PŪRONGO KAIMAHI

STAFF REPORTS

8.1 REQUEST TO PROVIDE ADDITIONAL DELEGATIONS TO COMMISSIONERS FOR PLAN CHANGE 2,

PUKEHĀNGI HEIGHTS

RDC-1064216

Resolved

1. That the report “Request to provide additional delegations to Commissioners for

Plan Change 2, Pukehāngi Heights” be received.

Moved: Cr Raukawa-Tait


CARRIED

Jocelyn Mikaere and Kate Dahm spoke to the report.

Further resolved

2. That Council delegate to the hearings panel established for Plan Change 2: Pukehāngi Heights, in the event that the Minister for the Environment refers Plan Change 2 back to Council under clause 84(1)(a)(ii) of the 1st Schedule of the Resource Management Act 1991, authority to:

(a) Reconsider the plan change in light of the Minister’s stated reasons and

recommended changes, to make any changes considered appropriate, and to resubmit the revised plan change to the Minister in accordance with clause 86 of the 1st Schedule of the Resource Management Act 1991 and the Minister’s directions.


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Moved: Cr Raukawa-Tait


CARRIED

Cr Macpherson requested that his vote against this decision be recorded.

9 KA MATATAPU TE WHAKATAUNGA I TE TŪMATANUI

RESOLUTION TO EXLCUDE THE PUBLIC

RESOLVED

That Council move into Public Excluded session.

Moved: Cr Donaldson

Seconded: Cr Kumar

CARRIED

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 each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under Section 48(1) for passing of this resolution

CONFIDENTIAL MINUTES of previous meeting held 24 September 2020

Please refer to the relevant clause/s in

the open meeting minutes.

Good reason for withholding exists under Section 48(1)(a).

RECOMMENDATIONS FROM

STRATEGY, POLICY AND FINANCE

COMMITTEE MEETING 8 OCTOBER

2020

ECONOMIC RECOVERY PROJECT 1

Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

Section 48(1)(a) Section 7(2)(b)(ii)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and

Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or

Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be

prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public

are as shown above (in brackets) with respect to each item.

The meeting adjourned at 9.58pm and resumed at 10.05pm.


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OPEN SESSION

__________________________

The meeting closed at 10.30 am __________________________

To be confirmed at a Council meeting on 26 November 2020

……………………………….……………..

Note 1: Rotorua Lakes Council is the operating name of Rotorua District Council Note 2: Attachments to these minutes are available on request or on Council’s website www.rotorualc.nz

http://www.rotorualc.nz/

RDC-1075994 11 Council Meeting Agenda STAFF REPORTS 26 November 2020

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6 Recommendations from other Committees – Ngā Taunakitanga a ētahi atu

Komiti

01-15-226/02 RDC-1075821

ROTORUA LAKES COUNCIL The Mayor Members COUNCIL

6.1 Report of the Operations & Monitoring Committee Meeting held 5 November 2020

Report prepared by: Hilda King, Governance Support Advisor Report reviewed by: Oonagh Hopkins, Corporate Planning & Governance Manager Report approved by: Geoff Williams, Chief Executive

1. TE PŪTAKE PURPOSE

The purpose of this report is to provide an opportunity for Council to consider recommendations received from Operations & Monitoring Committee Meeting held 5 November 2020.

Operations & Monitoring Committee members:

Cr Tapsell(Chair), Mayor Chadwick, Cr Bentley, Cr Donaldson, Cr Kai Fong, Cr Kumar, Cr Macpherson, Cr Maxwell, Cr Raukawa-Tait, Cr Wang, Cr Yates(Deputy Chair), Ms Bray (Te Tatau o Te Arawa), Mr Waru (Te Tatau o Te Arawa), Mr Heard (Rural Community Board) and Miss Rothwell (Lakes Community Board)

2. NGA TŪTOHUNGA RECOMMENDATIONS

1. That the “Report of the Operations & Monitoring Committee meeting held 5 November 2020” be received.

2. That the following recommendations of the Operations & Monitoring Committee meeting held 5 November 2020 be adopted:


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RECOMMENDATION 1 MARGUERITA STREET TRAFFIC MANAGEMENT AND ROAD SAFETY IMPROVEMENT – ENGAGEMENT FEEDBACK REPORT

RDC-1066362

1. That Council agree to the implementation of a modification of the ‘Status quo’ option i.e. the addition of formal pedestrian crossing facilities to improve the safety for those who use alternate modes to cross Marguerita Street and some more positive carriageway narrowing and signage.

RECOMMENDATION 2 NON FINANCIAL PERFORMANCE REPORT MANAGEMENT FRAMEWORK – FOR YEAR ENDING 30

JUNE 2020

RDC-1070558

1. That Council agree to accept the non-financial performance management framework for inclusion into the Annual Report following the final audit of the results to be undertaken by Audit New Zealand.

3. BACKGROUND 3.1 Reports and attachments relating to the above recommendations were included in the agenda for

the Operations & Monitoring Committee meeting held 5 November 2020. This agendas is available for viewing on Council’s website under rotorualakescouncil.nz/livestream


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01-15-227\02 RDC-1075854

ROTORUA LAKES COUNCIL The Mayor Members COUNCIL

6.2 Report of the Strategy, Policy & Finance Committee Meeting held 12 November 2020

Report prepared by: Hilda King, Governance Support Advisor Report reviewed by: Oonagh Hopkins, Corporate Planning & Governance Manager Report approved by: Geoff Williams, Chief Executive

1. TE PŪTAKE PURPOSE

The purpose of this report is to provide an opportunity for Council to consider recommendations received from Strategy, Policy & Finance Committee Meeting held 12 November 2020.

Strategy, Policy & Finance Committee members:

Cr Raukawa-Tait(Chair), Mayor Chadwick, Cr Bentley, Cr Donaldson, Cr Kai Fong(Deputy Chair), Cr Kumar, Cr Macpherson, Cr Maxwell, Cr Tapsell, Cr Wang, Cr Yates, Mr Berryman-Kamp(Te Tatau o Te Arawa), Ms Marks (Te Tatau o Te Arawa), Mr Thomas (Lakes Community Board) and Mrs Trumper (Rural Community Board)

2. NGA TŪTOHUNGA RECOMMENDATIONS

1. That the “Report of the Strategy, Policy & Finance Committee meeting held 12 November be received.

2. That the following recommendations of the Strategy, Policy & Finance Committee

meeting held 12 November be adopted:

RECOMMENDATION 1 TARAWERA WASTE WATER RETICULATION SCHEME

RDC-1072983

1. That Council support and agree the proposed Tarawera waste water reticulation scheme comprising the installation of Low Pressure Grinder Pumps onto each property and a mains pipeline connecting Tarawera to the Ōkāreka waste water pump station and hence to the main city treatment plant.

2. That Council agree to instruct officers to commence the process for the installation

of the agreed scheme as per the procedure described in Section 5.0 of the report (RDC-1072983) and regularly report back to Council on progress.


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RECOMMENDATION 2 DELIBERATIONS ON FEEDBACK ON ROTORUA LAKES COUNCIL PROSTITUTION BYLAW - STATEMENT OF PROPOSAL

RDC-169671

1. That Council agree that the possible negative effects of prostitution are adequately able to be managed via the District Plan provisions and other regulatory mechanisms.

2. That Council agree to revoke the current Bylaw following the November Council meeting.

RECOMMENDATION 3 HEARING AND DELIBERATIONS ON PROPOSED REVOCATION OF PŪRURU RESERVE NORTH

RDC-1068542 1. That Council agree that pursuant to Section 24 of the Reserves Act 1977 the reserve

classification of Pūruru Reserve North, being Part Tarewa 6B Block and Part Tarewa 6C Block, be revoked.

RECOMMENDATION 4 ECONOMIC RECOVERY PROJECT 2 - TE PŪTAKE O TAWA INVESTMENT

RDC-1070897 1. That Council approve funding of $500,000 from the Economic Recovery funds allocated

in the Annual Plan for investment into deck and hard shelter area, new trail for the round the forest loop, and trails at Te Pūtake o Tawa (Forest Hub 2).

3. BACKGROUND 3.1 Reports and attachments relating to the above recommendations were included in the agenda for

the Strategy, Policy & Finance Committee meeting held 12 November 2020. This agenda is available for viewing on Council’s website under rotorualakescouncil.nz/livestream.


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7 Staff Reports – Pūrongo Kaimahi

01-65-057\04 RDC-1077383

ROTORUA LAKES COUNCIL

Mayor Members COUNCIL

7.1 Adoption of Council’s Annual Report for the year ended 30 June 2020 Report prepared by: Pete Kearney, Business Performance Manager Report Reviewed by: Thomas Colle, Chief Financial Officer Report approved by: Geoff Williams, Chief Executive

1. TE PUTAKE

PURPOSE The purpose of this report is to adopt the audited Annual Report of the Rotorua Lakes Council for the year ended 30 June 2020.

2. HE TŪTOHUNGA RECOMMENDATION 1. That the report “Adoption of Council’s Annual Report for the year ended 30 June 2020” be

received.

2. That Council resolves to adopt the audited Annual Report and the Audited Summary for the Rotorua Lakes Council for year ended 30 June 2020.

3. That the Mayor and Chief Executive be authorised to sign the Letter of Representation and Statement of Compliance section of the Annual Report.

4. That the Chief Executive be authorised to make minor editorial changes, if any, as agreed with

Council’s auditors.

3. TE TĀHUHU BACKGROUND The Local Government Act 2002 typically requires that Council adopt an Annual Report within four months of the end of the financial year. However, in light of the extraordinary conditions and restrictions imposed by COVID-19, parliament passed legislation on the 5th August 2020 to extend statutory deadlines by up to two months for organisations that have a 30th June 2020 balance date and report under the Local Government Act 2002. The annual report must contain an auditor’s report on the financial statements and overall compliance of the document. Council is also required to prepare a summary of the annual report which must contain a separate auditor’s report relating to its compliance.


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Within one month of adoption, copies of the annual report and the summary must be forwarded to the Secretary of Local Government, the Auditor-General and the Parliamentary Library. The report must also be made available to the public.

The adopted annual report and summary consists of:

Year in review containing - The Mayor’s and Chief Executive’s report

Highlights and major achievements for the year

Statements of service performance and achieved targets

Financial prudence regulations

Financial statements and accompanying notes

Report of the Auditor General

On 26 November 2020, the Chief Financial Officer will provide the final financial position on which Audit New Zealand have based their audit opinion. Audit New Zealand may also be in attendance at the meeting. Upon adoption, Audit New Zealand will provide the final opinion in a form that can be included into the final annual report document for full distribution. This is the best practice process.

4. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS Rotorua Lakes Council has again shown consistent financial management this past year with the continued retention of our AA- credit rating from Fitch supporting this. In addition, as the report shows, we have a surplus of $4.8 million. Council earned more than $136.8 million in income in 2019/20 including $22.4 million in subsidies and grants, and invested $61.9 million in capital projects that renewed our assets ($20.4m) or increased their level of service ($41.3m). Capital expenditure was $30 million lower than our planned budget of $91.5 million. This was largely driven by key projects such as the Aquatic Centre, Museum, Whakarewarewa Forest, Lakefront and the Sir Howard Performing Arts centre that were deferred either due to further investigation / planning works or logistical impacts due to the COVID-19 level 4 lockdown and border restrictions globally. The year ending 30 June 2020 saw some unprecedented challenges faced head on across the country and more locally as we sought to protect our community from the immediate impact of COVID-19 and to ensure the future recovery of our district. In the midst of both border closures and restrictive lock downs Council continued to deliver business as usual ensuring essential services were maintained with minimal to no impact to levels of service. In conjunction with responding and adapting to COVID-19, Council continued to deal with a number of operational challenges with further insight provided below:

Some challenges were new, such as:

i. the requirement to fund siting of Wastewater stations; ii. uplift in operating costs for the new sewerage plant including an increase in legislated

compliance and health and safety; iii. increased stringent water planning requirements; and; iv. loss of event-driven fees as a result of COVID-19 restrictions and border closure.

Whilst other issues have remained more persistent, such as:

i. the need to fund additional inner-city security; ii. the legacy catch up for electricity costs;


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iii. the impact to depreciation costs as a result of the revaluation of our asset base; and, iv. drag of parking revenues.

However, these pressures were mitigated by i) higher rates revenue due to growth in the region and ii) cost-saving and other efficiencies implemented just before the lockdown period.

5. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE The decisions or matters of this report are not considered significant in accordance with the Council’s Significance and Engagement Policy.

6. HE WHAIWHAKAARO

CONSIDERATIONS 6.1 Tūraru

Risks There are no major risks associated with the decisions or matters.

6.2 Te Whaimana Authority Council approves all matters required to finalise the Annual Report. The Chief Financial Officer will carry out measures to ensure the timing of the publication meets the legislative requirements following adoption of the Annual Report 2020.

7. NGĀ ĀPITIHANGA ATTACHMENTS Attachment 1: Annual Report (Click here). Attachment 2: Audit Report (distributed separately).

https://www.rotorualakescouncil.nz/our-council/agendas-and-minutes/livestream/Documents/2020/Council/RLC_Annual_Report_2020%20Attachment%201.pdf


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69-06-040 RDC-1068207

ROTORUA LAKES COUNCIL

Mayor Members COUNCIL

7.2 Decision on Plan Change 3 Significant Natural Areas Report prepared by: Kim Smith, Senior Policy Advisor Report reviewed by: Jocelyn Mikaere, Group Manager, Operations Report approved by: Geoff Williams, Chief Executive

1. TE PŪTAKE

PURPOSE

The purpose of this report is to present the recommendations of the independent hearing commissioners on Plan Change 3 Significant Natural Areas (SNAs) and request Council to adopt these recommendations.

The plan change considers over 50 additional sites for inclusion as SNAs in the District Plan, as well as amendments to boundaries of existing SNAs. Most of the new sites considered reflect a commitment Council made when issuing its decision on the District Plan, in 2014, to consider sites identified as potentially significant but requiring further investigation.

Council’s decision on the plan change follows significant consultation, public notification for submissions and further submissions and the hearing of submissions by commissioners.

2. HE TŪTOHUNGA RECOMMENDATION 1. That the report “Decision on Plan Change 3: Significant Natural Areas” be received.

2. That the Council adopts the recommendations of the independent hearing commissioners on Proposed Plan Change 3 to the Rotorua District Plan as set out in: Final Recommendations of the Independent Hearings Commissioners – Rotorua District Plan, Plan Change 3 – Significant Natural Areas. (Attachment 1)

3. That the Council approves the public notification of its decisions on submissions on Proposed

Plan Change 3 Significant Natural Areas to the Rotorua District Plan in accordance with clauses 10 and 11 of Schedule 1 of the Resource Management Act 1991.

4. That the Council adopt the evaluation in the Final Recommendations of the Independent

Hearings Commissioners – Rotorua District Plan, Plan Change 3 – Significant Natural Areas as the further evaluation of a plan change required under Section 32AA of the Resource Management Act 1991.


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3. TE TĀHUHU BACKGROUND Ecological Context – Loss of Biodiversity New Zealand’s species evolved in isolation for around 80 million years, resulting in many species found nowhere else on earth. However, biodiversity decline in New Zealand has been rapid because of the cumulative effects of habitat clearance, fire and introduction of invasive species. Environments in alpine and upper montane zones have been less impacted, but the lower montane and lowland bioclimatic zones, which the Rotorua District represents, contain only traces of their original communities. Although New Zealand’s public conservation lands cover 30% of the country, most is in the higher country. Productive and biodiversity-rich lowland areas are poorly represented.1 With the high number of endemic species and large loss of original habitat, New Zealand has been identified internationally one of the ‘biodiversity hotspots’ that cover 2.3% of the Earth’s land surface; and which are an international priority for conservation.2 National monitoring and stocktakes in 2015 and 2016 found:3

Loss of indigenous land cover in New Zealand is still continuing.

On private land, the main causes of decline are habitat destruction, or modification through the removal, fragmentation and degradation of ecosystems, wetland drainage and the effects of pests and weeds.

Nearly 83% of indigenous vertebrates are classified as either threatened or at risk of extinction.

Policy Context The protection of significant areas of indigenous vegetation or areas that provide significant habitat for indigenous fauna is identified as a matter of national importance under the Resource Management Act 1991 (RMA) (section 6(c)). The functions of district councils under the RMA include controlling land use for the purpose of maintaining indigenous biodiversity (section 31(1)). District Plans are a key way that the district councils carry out their functions and provide for the matters of national importance. The Bay of Plenty and Waikato regional policy statements provide criteria for identifying significant natural areas in their respective parts of the Rotorua District. These policy statement also contain policies and methods to direct the District Plan with respect to the protection of these areas. A national policy statement on indigenous biodiversity is also being developed by central government, which will provide further direction for district plans. Significant Natural Areas (SNAs) To implement the regional policy statements and ultimately provide for the matter of national importance the Rotorua District Plan already identifies 31,335 hectares of land in the Rotorua District as significant natural areas (SNAs) and includes special policies and rules to manage these areas. Indigenous vegetation disturbance, structures and earthworks in a SNA require resource consent in an SNA except for limited exceptions.

1 Department of Conservation for the New Zealand Government 2016: New Zealand Biodiversity Action Plan 2016-2020. 2 Critical Ecosystem Partnership Fund – a joint programme of l’Agençe Francaise de Développment, Conservation International, the European Union, the Global Environment Facility, Government of Japan, the MacArthur Foundation and the World Bank. 3 Minister for the Environment & Statistics New Zealand 20156. New Zealand’s environmental Reporting Series: Environment Aotearoa 2015; Department of Conservation for the New Zealand Government 2016: New Zealand Biodiversity Action Plan 2016-2020.

https://www.cepf.net/our-work/biodiversity-hotspots/hotspots-defined


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This approach of mapping SNAs and applying special rules is common in many parts of the country; and would become mandatory under the emerging National Policy Statement on Indigenous Biodiversity. The Plan Change Proposal Plan Change 3 considers changes to the maps of significant natural areas (SNAs) and the associated schedule of SNAs in the District Plan. The underlying purpose remains to give effect to the legislative and policy requirements in the regional policy statements and the RMA. Over 50 additional sites are considered for inclusion as SNAs in the District Plan. The majority of these reflect a commitment Council made when issuing its decision on the District Plan in 2014 to consider sites identified as potentially significant but requiring further investigation. Plan Change 3 also considers refinement of the identification of SNAs in response to concerns raised by landowners and new information that has become available since the initial set of SNAs were adopted in the District Plan. Advice was sought from ecologists, Wildland Consultants Limited, on the extent and significance of the areas, in terms of the regional policy statement criteria. Many site visits were undertaken to address concerns raised during consultation about the extent and significance of some areas. As notified for submissions, the plan change proposes the addition of 1,350 hectares and the removal of 270 hectares from the SNA maps. Sites with alternative legal protection were excluded from consideration, consistent with the current approach of the District Plan. The Plan Change Process The RMA sets out the process for changing the District Plan. This involves consultation, submissions, further submissions, a public hearing of submissions, notice of Council’s decision on the plan change and the opportunity for submitters to appeal the decision to the Environment Court. In this instance, joint management agreements with iwi also applied to the initiation of the plan change and appointment of commissioners. Initiation and notification of Plan Change 3 was approved by Raukawa and Council, in accordance with the joint management agreement. Te Arawa River Iwi Trust were also consulted with respect to joint management agreement obligations and were satisfied with the process undertaken and notification of the plan change. Plan Change 3 was notified for submissions in July 2019, following several months of consultation with landowners, iwi and other parties. The further submission period closed in October 2019. In December 2019 Council, following the recommendation of joint management agreement partners, appointed independent commissioners Antoine Coffin (chair) and Rob Kent to:

(a) determine, control and conduct the hearing for Plan Change 3 (Significant Natural Areas) to the Rotorua District Plan (in accordance with the relevant functions, powers and duties set out in Part 4 of the Resource Management Act (including Section 32AA));

(b) waive or extend time limits under Sections 37 and 37A of the Resource Management Act in relation to Plan Change; and

(c) make recommendations to Council on the provisions and matters raised in submissions in accordance with clause 10, 1st Schedule of the Resource Management Act.


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The hearing of submissions was held in February 2020 and the hearings commissioners provided their recommendations for decisions on the plan change on 2 November 2020. Copies of the key documents associated with the plan change can be accessed by Councillors on the Council’s website, including:

the initial plan change proposal (section 32 report)

the officer’s report to the hearings panel (section 42A report)

full copies of submissions and further submissions

a summary of submissions and further submissions The Submissions Thirty-five submissions were lodged, ten in general support, 19 in opposition or seeking amendment and six with points in support and opposition. Fourteen further submissions were also lodged. Submitters included the Bay of Plenty Regional Council, Waikato Regional Council and the Director General of Conservation. These submitters broadly sought the scheduling of all areas identified as significant and opposed exclusions. These submitters also sought that SNAs be extended over sites with alternative legal protection. Other submitters included landowners, CNI Iwi Holdings, forestry management companies, Mercury and Federated Farmers. In response to submissions, further assessments were undertaken by the ecologists to confirm the significance and extent of areas. It is noted that 39 of the new SNAs or changes to existing SNAs were uncontested. The Commissioners’ Recommendations The commissioners’ recommendations (Attachment 1), in broad terms, are to generally adopt, as SNAs, the areas identified as significant by the ecologists. They have taken a more limited approach than that proposed in the initial plan change proposal to the exclusion of sites that the ecologists identified as significant, as summarised below:

1. The plan change proposed to use alternative arrangements outside the District Plan

(management plans and memoranda of understanding with landowners) for a limited number of sites on treaty settlement and Māori land. This was intended to give effect to other Part 2 matters such as kaitiakitanga. The commissioners have not supported this approach, stating they have not identified a reason why other Part 2 matters would moderate or limit the scheduling of a SNA that met the criteria in the regional policy statements.

2. The plan change proposed not to include several small areas as SNAs. For example,

adjustments around dwellings to allow for light into the dwelling and alignment with fence lines. Several areas identified on properties already containing large areas of legally protected sites were also proposed to be excluded. These exclusions were intended to assist landowners and support community acceptance, enforceability and administration. The commissioners have taken a more limited approach to such exclusions.

The commissioners’ recommendations exclude sites with alternative protection from the SNA mapping. However the commissioners comment that Council should reconsider this approach outside the Plan Change 3 process as part of a broader SNA review.

https://letstalk.rotorualakescouncil.nz/District-Plan-Plan-Change-3-Significant-Natural-Areas


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4. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS The Hearing Commissioners delegations, as noted above, are to make recommendations to Council on the plan change. The final decision however lies with Council. It is recommended that Council:

Adopt the recommendations of the hearings commissioner on the plan change, as set out in Attachment 1.

Approve notification of this decision.

Adopt the evaluation undertaken by the commissioners and set out in Attachment 1 as the evaluation of the plan change required under section 32AA of the RMA.

Council must make its decision on the plan change and publicly notify this decision within two years of notifying the plan change.4 In this case, the plan change was notified in July 2019 and the decision is within the two year timeframe.

Following Council’s decision on the plan change the RMA provides opportunity for submitters to appeal Council’s decision to the Environment Court. If there are no appeals, or once appeals are resolved, Council will be asked to make the plan change operative by affixing the common seal. For efficiency reasons, matters raised by the commissioners relating to potential additional plan changes are best considered after the emerging national policy statement is finalised. For example inclusion of sites with alternative legal protection and consideration of whether any policy or rule changes are needed.

5. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE

The decision may not be supported by some submitters but the decision is not considered significant in accordance with the Council’s Significance and Engagement Policy.

6. NGĀ KŌRERO A TE HAPORI ME TE WHAKATAIRANGA COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY The plan change process included extensive landowner consultation, opportunity for public submissions, further submissions and a public hearing of submissions.

Council’s decision will be publicly advertised and submitters and affected landowners will be contacted directly.

Submitters will have opportunity to lodge an appeal with the Environment Court on Council’s decision.

4 RMA, 1st Schedule, cl 10(4)(a) and (b)


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7. HE WHAIWHAKAAROTANGA CONSIDERATIONS

7.1 He Whaiwhakaarotanga Mahere Pūtea Financial/budget considerations

All costs associated with the plan change have been met from existing budgets.

7.2 Kaupapa Here me ngā Hiraunga Whakariterite Policy and planning implications

The underlying purpose of the plan change is to implement the regional policy statements and ultimately Part 2 of the RMA. Government is developing a national policy statement on indigenous biodiversity. The identification of SNAs by district councils and their protection through the district plans was an important part of achieving biodiversity objectives in the draft policy released for consultation. Adoption of the recommendations of the commissioners would assist to meet the emerging policy statement. If the final national policy statement adopts the approach of the draft policy Council will also need to undertake further district plan change/s in the future to align the rule framework with the national policies, identify SNAs regardless of alternative legal protection and extend identification of SNAs to the public conservation estate.

7.3 Tūraru Risks

As with any plan change there is the potential for adverse public reactions and for the decision to be appealed.

7.4 Te Whaimana Authority

This decision on the plan change must be made by full Council.

8. TĀPIRINGA ATTACHMENTS

Attachment 1: Final Recommendations of the Independent Hearings Commissioners – Rotorua District Plan, Plan Change 3 – Significant Natural Areas (click here)

https://www.rotorualakescouncil.nz/our-council/agendas-and-minutes/livestream/Documents/2020/Council/Plan%20Change%203%20SNAs%20Commissioners%20Report%20Recommended%20Decisions%20Nov%202020.pdf


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01-15-010\26 RDC-1072817

ROTORUA LAKES COUNCIL Mayor Members COUNCIL

7.3 Schedule of Meetings – 1 January to 31 December 2021 Report prepared by: Rick Dunn, Governance Lead Report reviewed by: Oonagh Hopkins, Manager Corporate Planning & Governance Report approved by: Geoff Williams, Chief Executive

1. TE PŪTAKE

PURPOSE

This report proposes a schedule of meetings for council and committees for the period 1 January to 31 December 2021.

2. HE TŪTOHUNGA RECOMMENDATION 1. That the report “Schedule of meetings – 1 January to 31 December 2021” be received.

2. That Council resolves to adopt the schedule of meetings for the period 1 January to

31 December 2021 based on a monthly cycle and that the following starting times are agreed to:

a) that Operations and Monitoring Committee meetings shall commence at 9:30am b) that Strategy, Policy and Finance Committee meetings shall commence at 9:30am c) that Council meetings shall commence at 9.30am.

3. TE TĀHUHU BACKGROUND Each year the council needs to approve a schedule of meetings, so that the meetings can be notified publicly, in accordance with statutory requirements. The approval of a meetings calendar also provides the ability for councillors, the executive team and leadership team to structure as best it can, up and coming issues for debate and decision-making. The calendar also ensures, that statutory timeframes are met in terms of adoption of annual plans, annual reports etc.


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4. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS It is proposed that Council continues with a monthly cycle for the following reasons:

better coordination with financial reporting cycles

management of agendas to ensure timeliness – appropriate time frames to allow full debate of the recommendations before they are recommended to full council

agendas can be kept to a manageable size ensuring effective and transparent decision making For consistency, it is proposed that all meetings will commence (unless otherwise advised) at 9.30am:

Operations and Monitoring Committee meetings

Strategy, Policy and Finance Committee meetings

Annual Plan forums, Annual Plan hearings and Annual Plan deliberations meetings

Council meetings

5. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE The decision does not prompt consideration of Council’s Significance & Engagement Policy.

6. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA

COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY Council is required to publically notify all its public meetings. Dates and times of meetings are Council’s website and advertised in the local newspaper. The notification period is that meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of every month.

7. HE WHAIWHAKAARO CONSIDERATIONS

7.1 Financial/budget considerations Not applicable.

7.2 Policy and planning implications Not applicable.

7.3 Risks There are no major risks associated with the decisions or matters.

7.4 Authority The Governance team are responsible for the notification of the schedule of meetings and the public notices required leading up to each meeting round.

8. NGĀ ĀPITIHANGA ATTACHMENTS Attachment 1: Proposed schedule of meetings for 2021.

RDC-1072817 26 Council Agenda ATTACHMENT 1 26 November 2020

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RDC-1075994 27 Council Agenda CONFIDENTIAL MINUTES 26 November 2020

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8 Resolution to go into Public Excluded - Ka Matatapu Te Whakataunga I Te

Tūmatanga (to consider and adopt confidential items)

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 each matter to be

considered

Reason for passing this

resolution in relation to each

matter

Ground(s) under

Section 48(1) for

passing of this

resolution

CONFIDENTIAL MINUTES of previous

meeting held 29 October 2020

Please refer to the relevant

clause/s in the open meeting

minutes.

Good reason for

withholding exists

under Section

48(1)(a).

RECOMMENDATIONS FROM OTHER

STRATEGY, POLICY & FINANCE

COMMITTEE

ECONOMIC RECOVERY PROJECT 3

KING STREET STORMWATER UPGRADE

Enable any local authority holding

the information to carry on,

without prejudice or

disadvantage, negotiations

(including commercial and

industrial negotiations).

Section 48(1)(a)

Section 7(2)(i)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and

Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or

Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be

prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public

are as shown above (in brackets) with respect to each item.