table of contents - western bay of plenty district...western bay of plenty district council’s last...

Local Governance Statement April 2017

Table of Contents

Introduction ________________________________________________________________ 4

Functions, Responsibilities and Activities of the Western Bay of Plenty District Council _____ 4

Legislation which Confers Obligations or Responsibilities on Local Authorities ____________ 5

Local Legislation ____________________________________________________________ 7

Electoral Systems ___________________________________________________________ 8

Representation _____________________________________________________________ 9

Map of Ward/Community Board Areas within the Western Bay of Plenty District _________ 11

Reviewing and Changing Representation Arrangements ____________________________ 12

Members Roles and Code of Conduct ___________________________________________ 13

Elected Members ___________________________________________________________ 15

Governance Structures and Processes, Membership and Delegations __________________ 16

Council ___________________________________________________________________ 16

Community Committee ______________________________________________________ 19

District Plan Committee ______________________________________________________ 21

Long Term and Annual Plan Committee _________________________________________ 22

Operations and Monitoring Committee __________________________________________ 24

Policy Committee ___________________________________________________________ 26

Regulatory Hearings Committee _______________________________________________ 28

Rural Committee ___________________________________________________________ 31

District Licensing Committee __________________________________________________ 33

Council Committee Structure Chart ____________________________________________ 34

Meeting Processes __________________________________________________________ 35

Consultation Procedure and Principles __________________________________________ 36

Policies for Liaising with, and Memoranda and Agreements with, Maori ________________ 46

Management Structure and the Relationship between Management and Elected Members 52

Management Structures and Relationships ______________________________________ 52

Equal Opportunities Policy ___________________________________________________ 53

Key Planning and Policy Documents (including process for development and review) _____ 55

Bylaws ___________________________________________________________________ 55

District Plan _______________________________________________________________ 55

Long Term Plan ____________________________________________________________ 56

Reserve Management Plans __________________________________________________ 57

Systems for Public Access to the Local Authority and its Elected Members _____________ 61

Elected Members Contact Details ______________________________________________ 62


Formal Complaints _________________________________________________________ 64

Processes for Requests for Official Information ___________________________________ 64

Personal Information ________________________________________________________ 65

Attending a Council Meeting __________________________________________________ 67

Public Forums _____________________________________________________________ 69

4

Introduction

This Local Governance Statement is prepared in accordance with the requirements of the Local

Government Act 2002 Part 4 Section 40 to make publicly available information as required

under that section.

Functions, Responsibilities and Activities of the Western Bay of Plenty

District Council

The purpose of the Western Bay of Plenty District

Council is to enable democratic local decision-making

and action by, and on behalf of, communities; and to

meet the current and future needs of communities for

good-quality local infrastructure, local public services,

and performance of regulatory functions in a way that is

most cost-effective for households and businesses.

In meeting its purpose, and to achieve outcomes as

defined with the community through the Long Term Plan, the Western Bay of Plenty District

Council has a number of roles including:

Provider - Council will take full responsibility for funding and carrying out these

services.

Partner - Council will fund and carry out these services in formal partnership with

other organisations.

Funder - Council will fund other organisations to carry out these services, for example

through service delivery contracts.

Regulator - Council has statutory responsibilities to regulate certain activities.

Monitor - Council will gather information on these activities and check against

progress towards the Long Term Plan.

Facilitator - Council will encourage others to be involved in these activities by bringing

interested parties together to progress identified issues.

Advocate - Council will promote the interests of its communities to other decision-

making organisations, for example Central Government.


Legislation which Confers Obligations or Responsibilities on Local

Authorities

W E S T E R N B A Y O F P L E N T Y D I S T R I C T

In fulfilling the above purposes Western Bay of Plenty District Council exercises powers and

fulfills responsibilities as described and conferred by the following legislation and subsequent

amendments to these Acts, and any other legislation that may be enacted by Central

Government in regard to Local Government from time to time:

Accident Compensation Act 2001

Affiliate Te Arawa Iwi and Hapu Claims

Settlement Act 2008

Affordable Housing Enabling Territorial

Authorities Act Repeal Act 2008

Auctioneers Act 2013

Airport Authorities Act 1966

Animals Law Reform Act 1989

Arts Council of New Zealand Toi Aotearoa

Act 1994

Bill of Rights Act 1990

Biosecurity Act 1993

Building Act 1991

Building Act 2004

Building Research Levy Act 1969

Burial and Cremation Act 1964

Bylaws Act 1910

Cadastral Survey Act 2002

Citizenship Act 1977

Civil Aviation Act 1990

Civil Defence Emergency Management Act

2002

Civil List Act 1979

Climate Change Response Act 2002

Commerce Act 1986

Companies Act 1993

Conservation Act 1987

Consumer Guarantees Act 1993

Contracts (Privity) Act 1982

Copyright Act 1994

Counties Insurance Empowering Act 1941

Crimes Act 1961

Disabled Persons Community Welfare Act

1975

District Courts Act 1947

Dog Control Act 1996

Earthquake Commissions Act 1993

Electricity Act 1992

Employment Relations Act 2000

Energy Companies Act 1992

Engineering Associates Act 1961

Environment Act 1986

Equal Pay Amendment Act 1976

Exclusive Economic Zone and Continental

Shelf (Environmental Effects) Act 2012

Fair Trading Act 1986

Fees and Travelling Allowances Act 1951

Fencing Act 1978

Fencing and Swimming Pools Act 1987

Finance Act (No. 2) 1941

Financial Reporting Act 1993

Fire Service Act 1975

Food Act 2014

Foreshore and Seabed Act 2004

Forest and Rural Fires Act 1977

Gambling Act 2003

Gas Act 1992

Goods and Services Tax Act 1985

Health Act 1956

Hazardous Substances and New

Organisms Act 1996

Health & Safety in Employment Act 1992

Heritage New Zealand Poutere Taonga Act

2014

Holidays Act 2003

Housing Act 1955

Housing Accords and Special Housing

Areas Act 2013

Housing Assets Transfer Act 1993

Housing Corporation Act 1974

Human Rights Act 1993

Income Tax Act 1994

Impounding Act 1955

Injury Prevention, Rehabilitation and

Compensation Act 2001

Insolvency Act 2006

Insolvency Cross Border Act 2006

Interpretation Act 1999

Joint Family Homes Act 1964

Judicature Act 1908

Land Act 1948

Land Drainage Act 1908

Land Transfer Act 1952

Land Transport Act 1998

6

Land Transport Management Act 2003

Land Transport Management Amendment

Act 2004

Land Transport Management Amendment

Act 2008

Libraries and Mechanics’ Institute Act

1908

Limitation Act 2010

Litter Act 1979

Local Authorities (Members’ Interests) Act

1968

Local Electoral Act 2001

Local Electoral Amendment Act 2002

Local Government (Rating) Act 2002

Local Government Act 1974

Local Government Act 2002

Local Government Act 2002 Amendment

Act 2010

Local Government Act 2002 Amendment

Act 2012

Local Government Official Information and

Meetings Act 1987

Machinery Act 1950

Maori Purposes Act 1934

Meat Act 1981

Minimum Wage Act 1983

Municipal Insurance Act 1960

National Provident Fund Restructuring Act

1990

New Zealand Bill of Rights Act 1990

New Zealand Geographic Board (Nga Pou

Taunaha o Aotearoa Act 2008)

New Zealand Library Association Act 1939

New Zealand Public Health and Disability

Act 2000

Oaths and Declarations Act 1957

Ombudsmen Act 1975

Parental Leave and Employment

Protection Act 1987

Plumbers and Gasfitters and Drainlayers

Act 1976

Privacy Act 1993

Property Law Act 1952

Prostitution Reform Act 2003

Protected Disclosures Act 2000

Psychoactive Substances Act 2013

Public Audit Act 2001

Public Bodies Contracts Act 1959

Public Bodies Leases Act 1969

Public Records Act 2005

Public Works Act 1981

Queen Elizabeth the Second National

Trust Act 1977

Railway Safety and Corridor Management

Act 1992

Railways Act 2005

Rating Valuations Act 1998

Rates Rebate Act 1973

Remuneration Authority Act 1977

Reserves Act 1977

Residential Tenancies Act 1986

Resource Management Act 1991

Sale and Supply of Alcohol Act 2012

Search and Surveillance Act 2012

Secondhand Dealers and Pawnbrokers Act

2004

Secret Commissions Act 1910

Securities Act 1978

Securities Transfer Act 1991

Smoke-free Environments Act 1990

Soil Conservation and Rivers Control Act

1941

Sovereign’s Birthday Observance Act 1952

Standards Act 1988

Statutes Amendment Acts 1936-1951

Statutory Land Charges Registration Act

1928

Summary Offences Act 1981

Tapuika Claims Settlement Act 2014

Tax Administration Act 1994 and related

taxation Acts.

Te Ture Whenua Maori Act 1993

Telecommunications Act 1987

Transit New Zealand Act 1989

Transport Act 1962

Treaty of Waitangi Act 1975

Trespass Act 1980

Trustee Act 1956

Unit Titles Act 1972

Wages Protection Act 1983

Walking Access Act 2008

Weathertight Homes Resolution Services

Act 2002

Wild Animal Control Act 1977

Wildlife Act 1953

Worksafe New Zealand Act 2013


Local Legislation

Tauranga County Empowering (Community Centres) Act 1965

Tauranga Foreshore Vesting and Endowment Act 1915

Tauranga Harbour Amendment and Foreshore Vesting Act 1917

8

Electoral Systems

Under the Local Electoral Act 2001 there are two voting options for Council in conducting its

elections. The options are the first past the post system (FPP) and the single transferable

vote option (STV).

First Past the Post System

Electors vote by indicating their preferred candidate and the candidate receiving the most

votes is declared the winner.

Single Transferable Vote System

This system of voting is used for District Health Boards and some local authorities. Single

Transferable Vote is a system under which voters rank candidates in order of preference. The

number of votes required for a candidate to be elected (called a quota) depends on the

number of positions to be filled and the number of valid votes. The necessary number of

candidates to fill all vacancies is achieved first by the counting of first preferences and then

by transfer of a proportion of votes received by any candidate where the number of votes for

that candidate is in excess of the quota, and then by exclusion of the lowest polling candidates

and the transfer of these votes in accordance with voters second preferences. For a more

detailed explanation of this system log on to www.stv.govt.nz.

Choice of Systems and Options for Change

Under the Local Electoral Act 2001 the Council can resolve to change the electoral system to

be used two years before a triennial election or conduct a binding poll on the question.

Alternatively electors can initiate a poll so long as at least 5 per cent of electors have signed

a petition for a poll. Once changed an electoral system must be used for at least the next

two triennial elections.

The Western Bay of Plenty District Council Choice

Western Bay of Plenty District Council’s last review of the electoral system was conducted in

2014. No change was made to Council’s electoral system and the triennial election for 2016

will be held under the First Past the Post (FPP) system as described above. Council will next

consider this in September 2017 for the 2019 election.

http://www.stv.govt.nz/


Representation

Wards and Community Boards

The Western Bay of Plenty District is made up of three

wards being the Katikati Waihi Beach Ward, the Kaimai

Ward and the Maketu Te Puke Ward, and five community

boards being Waihi Beach, Katikati, Omokoroa, Te Puke

and Maketu.

The number of elected representatives for each ward

and/or a community board area is dependent on the

number of resident electors within a particular ward

and/or community board boundary. The larger the

number of eligible electors in a ward and/or community board – the larger the number of

elected representatives.

Mayor 1 elected for District

Ward Councillors – 11 in total elected

Katikati Waihi Beach Ward - 3

Kaimai Ward - 4

Maketu Te Puke Ward - 4

Community Board Members 20 elected, 4 per Ward

Bay of Plenty Regional Council

(Environment Bay of Plenty) Members

13 elected, 10 within general

constituencies and 3 Maori

constituencies

District Ward No. of

Councillors

No. of Resident

Electors

No. of Ratepayer

Electors

Katikati -Waihi

Beach 3 10,116 197

Kaimai 4 13,072 21

Maketu - Te Puke 4 11,330 92

Community

Board Area

No. of

Community

Board

Members

No. of Resident

Electors*

No. of Ratepayer

Electors#

Waihi Beach 4 2,703 202

Katikati 4 7,262 10

Te Puke 4 6,955 15

Omokoroa 4 2,465 4

Maketu 4 735 18

#Figures as at July 2016

Pio Shore and Bowentown (Waihi Beach)

10

Maori Wards and Constituencies

The Local Electoral Amendment Act 2002 also gives Council the ability to establish separate

wards for Maori electors. The Council may resolve to create separate Maori wards or conduct

a poll on the matter, or the community may demand a poll. The demand for a poll can be

initiated by a petition signed by 5 per cent of electors within the district.

The Council considered whether or not to have separate Maori wards in September 2014 as

part of its representation review. The Council decided not to have separate Maori wards for

the 2016 election. This will next be considered by Council in September 2017.

Community Boards

The Western Bay of Plenty District Council has five

community boards – the Katikati Community Board,

the Maketu Community Board, the Omokoroa

Community Board, the Te Puke Community Board

and the Waihi Beach Community Board. These

boards are constituted under section 49 of the Local

Government Act 2002 to:

represent and act as an advocate for the interests of their communities.

consider and report on any matter referred to them by the Council and any issues

of interest or concern to the community board.

make an annual submission to Council on expenditure in their communities.

maintain an overview of services provided by the Council within their communities.

communicate with community organisations and special interest groups in their

communities.

undertake any other responsibilities as delegated by the Council.

Each community board has a chairperson and 3 elected members who are elected triennially

to each board by electors in the different community board areas, and the Council appoints

two members to each of the boards from its elected Councillors. These are ward members

for the same areas of the boards. Each board elects its own chairperson at its inaugural

meeting after the triennial election.

The Local Electoral Amendment Act 2002 gives Council the ability to review and establish

community boards. The Council may resolve to create community boards, or conduct a poll

on the matter, or the community may demand a poll.

The Council last conducted a representation review in

2012. The outcome of the review was to reduce a 5

ward system to the three wards described above and

a reduction of the number of appointees from Council

to the Boards to two on each board. The next review

will be conducted over the 2017-2018 year to ensure

that changes (if any) may be taken into account for the

2019 election.

Te Puke (Te Puke Ward)

Pukehina Peninsula, Little Waihi and Maketu Estuary (Maketu Ward)


Map of Ward/Community Board Areas within the Western Bay of Plenty

District

12

Reviewing and Changing Representation Arrangements

The Council is required to review its representation arrangements at least once every six years.

This review must include the following:

the number of elected members (within the legal requirement to have a minimum of

six and a maximum of 30 members, including the Mayor).

whether the elected members (other than the Mayor) shall be elected by the entire

district, or whether the district will be divided into wards for electoral purposes, or

whether there will be a mix of ‘at large’ and ‘ward’ representation.

if election by wards is preferred, then the boundaries and names of those wards and

the number of members that will represent each ward.

whether or not to have separate wards for electors on the Maori roll.

whether to have community boards and if so how many, their boundaries and

membership and whether to sub-divide a community for electoral purposes.

The Council must follow the procedure set out in the Local Electoral Amendment Act 2002

when conducting this review, and should also follow guidelines published by the Local

Government Commission. The Act gives you the right to make a written submission to the

Council, and the right to be heard if you wish.

You also have the right to appeal any decisions on the above to the Local Government

Commission, which will make a binding decision on the appeal. Further details on the matters

that the Council must consider in reviewing its membership and basis of election can be found

in the Local Electoral Amendment Act 2002, or by viewing the Local Government Commission

website at www.lgc.govt.nz

A representation review was completed in 2012. The outcome of the review was to move

from a 5 to a 3 ward system, to reduce the total of elected Councillors from 12 to 11, and

reduce appointed Councillor representation on the Community Boards to 2 Councillors per

Board. A full copy of the review and the Local Government Commission decisions is available

on request. Council will undertake its next review in the 2017-2018 year and this will include

opportunities for our communities to have input into the Council structure for the 2019

elections.

http://www.lgc.govt.nz/


Members Roles and Code of Conduct

The Mayor and the Councillors of the Western Bay of Plenty District Council have the following

roles:

setting the policy direction of Council

monitoring the performance of Council

representing the interests of the district (on election all members must make a

declaration that they will perform their duties faithfully and impartially, and according

to their best skill and judgment in the best interests of the district)

employing the Chief Executive Officer (under the Local Government Act the Council

employs the Chief Executive Officer, who in turn employs all other staff on its behalf).

The Mayoral Role

The Mayor is elected by the district as a whole and as one of the elected

members shares the same responsibilities as other members of Council.

In addition the Mayor has the following roles:

Presiding member at Council meetings. The Mayor is responsible for

ensuring the orderly conduct of business during meetings (as

determined in standing orders).

Advocate on behalf of the community. This role may involve

promoting the community and representing its interests. Such

advocacy will be most effective where it is carried out with the

knowledge and support of the Council.

Ceremonial head of Council.

Provider of leadership to Council and feedback to other elected

members on teamwork and chairing of Committees.

The Deputy Mayor Role

The Deputy Mayor is appointed by the Mayor after the triennial election.

The Deputy Mayor exercises the same roles as other elected members.

In addition, if the Mayor is absent or incapacitated, or if the office of

Mayor is vacant, then the Deputy Mayor must perform all of the

responsibilities and duties, and may exercise the powers of the Mayor (as

summarised above). The Deputy Mayor may be removed from office by

resolution of Council. Mike Williams

Contact Info:

Home: 07 549 4425

Mobile: 027 281 5610

[email protected]

Garry Webber

Contact Info:

Home: 07 548 2224

Work: 07 579 6642

Mobile: 027 270 3971

[email protected]

14

Councillors

The Mayor may create one or more committees of Council. A committee chairperson is

responsible for presiding over meetings of the committee, ensuring that the committee acts

within the powers delegated by Council, as set out in Council resolutions confirming the

Mayor’s governance structure and as amended by time to time through Council resolution. A

committee chairperson may be removed from office by resolution of Council. Elected members

have specific obligations as to their conduct in the following legislation:

Schedule 7 of the Local Government Act 2002, which includes obligations to act as a

good employer in respect of the Chief Executive Officer, and to abide by the current

code of conduct and standing orders.

The Local Authorities (Members’ Interests) Act 1968 which regulates the conduct of

elected members in situations where there is, or could be, a conflict of interest between

their duties as an elected member and their financial interests (either direct or

indirect).

The Secret Commissions Act 1910, which prohibits elected members from accepting

gifts or rewards which could be seen to sway them to perform their duties in a

particular way, and the Financial Markets Conduct Act 2013 to ensure appropriate

governance arrangements to provide for effective monitoring and risk reduction for

financial services.

The Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way and

the use of official information for private profit.

The Local Government Official Information and Meetings Act 1987 ensuring that

conduct of public business is transparent and publicly accessible.

The Health and Safety at Work Act 2015 ensuring that the safety of our employees,

visitors, customers, contractors, volunteers and the general public is of paramount

importance and maintained.

All elected members are required to adhere to a code of conduct. Adopting such a code is a

requirement of the Local Government Act 2002. Once adopted, such a code may only be

amended by a 75 per cent or more vote of the Council. The code sets out the Council’s

understanding and expectations of how the Mayor and Councillors will relate to one another,

to staff, to the media and to the general public in the course of their duties. It also covers

disclosure of information that is received by or is in the possession of elected members, and

contains details of the sanctions that the Council may impose if an individual breaches the

code. Copies of the full code of conduct may be obtained from the Group Manager Technology

Customer and Community Services or from the website www.westernbay.govt.nz .

http://www.wbopdc.govt.nz/


Elected Members

Peter Mackay

Katikati - Waihi Beach Ward Contact Info:

Home: 07 552 0988 Mobile: 027 482 9451 [email protected]

Mike Williams



David Marshall


Mobile: 022 185 4263 [email protected]

Mark Dean

Kaimai Ward Contact Info:


Margaret Murray-Benge Kaimai Ward Contact Info:


John Palmer Kaimai Ward Contact Info:


Don Thwaites Kaimai Ward Contact Info:


Grant Dally Maketu-Te Puke Ward Contact Info:


Mike Lally Maketu-Te Puke Ward Contact Info:

Home: 07 573 6736 [email protected]

Kevin Marsh Maketu-Te Puke Ward Contact Info:


John Scrimgeour Maketu-Te Puke Ward Contact Info:


Garry Webber Mayor Contact Info:

Home: 07 548 2224 Work: 07 579 6642 Mobile: 027 270 3971 [email protected]

16

Governance Structures and Processes, Membership and Delegations

Under a change to the Local Government Act in 2012 the Mayor may set the committee

structure after each triennial election. After the election, conducted in October 2016, the

following delegations and standing committees were established. Council also has joint

committees with other local authorities and agencies. For details on joint committees not

listed in this document contact the Democracy Management Advisor on 0800 926 732.

Council

Chair: His Worship the Mayor Garry Webber

Deputy: Councillor Mike Williams

Membership: His Worship the Mayor Garry Webber; Councillors Grant Dally; Mark

Dean, Mike Lally; Peter Mackay, Kevin Marsh; David Marshall;

Margaret Murray-Benge; John Palmer, John Scrimgeour, Don

Thwaites; Mike Williams

Quorum: The quorum for this meeting is six members.

Role:

To exercise all powers and functions to deal with statutory and procedural matters, to

carry out civic duties and responsibilities, and to exercise all non-delegated functions. To delegate authorities as appropriate to Council committees and the Chief Executive

Officer. To delegate any authorities which may be additional to the roles required under the Local

Government Act 2002 to Community Boards, and to appoint Councillors to Community Boards.

To establish Joint Committees of Council, and appoint elected members and/or others to these committees.

To make all financial decisions not otherwise delegated or included in Council’s Long Term Plan and/or Annual Plan.

To maintain, monitor and direct an overview of Council’s finances including but not limited to: - The financial progress of major capital works projects including those considered in

the Long Term Plan and Annual Plan processes. - Implementation of Council’s risk management. - Approval of new debt and/or new facilities. - Receiving exception reports on Council’s financial performance at least quarterly. - Undertaking all financial monitoring of performance against the Long Term Plan and

Annual Plan. - Ensuring treasury management within the limitations of the Treasury Policy as set by

the Long Term Plan. - Allowing for variations from Council’s key treasury policy ratios.

To exercise all non-delegated functions being:

(a) The power to make a rate (b) The power to make a bylaw (c) The power to borrow money, purchase, or dispose of assets, other than in accordance

with the Long Term Plan


(d) The power to adopt a long term plan, annual plan, or annual report (e) The power to appoint a chief executive

(f) The power to adopt policies required to be adopted and consulted on under the Local

Government Act 2002 in association with the Long Term Plan or developed for the

purpose of the local governance statement

(g) The power to adopt a remuneration and employment policy

(h) The power to enter into contracts otherwise than in accordance with the provisions

of Section 4 of the Public Bodies Contracts Act 1959

(i) The power to initiate any proceedings in the High Court that are not injunctive

proceedings

(j) The power to remove the Deputy Mayor subject to Schedule 7 (18) of the Local

Government Act 2002

(k) The power to discharge or reconstitute any committee established by the Mayor

subject to Schedule 7 (30) of the Local Government Act 2002

(l) Powers as conferred by the Minister of Conservation under the Reserves Act 1977

Procedural Matters:

Confirmation of all Standing Committee minutes excluding the District Plan Committee,

Regulatory Hearings Committee and District Licensing Committee minutes Receipt for information all Community Board minutes Receipt for information all District Plan Committee, Regulatory Hearings Committee

minutes and District Licensing Committee minutes Adoption and amendment of Standing Orders. Establishment of and delegations to Joint Committees, Sub Committees and any other

governance body that the Council deems necessary. Purchase, sell and dispose of Council property other than delegated in accordance with

all of the following: - the Long Term Plan - the Significance Policy - Council’s Asset Management Plans - Council’s Reserve Management Plans - Committee or appropriate delegations

Councillor and Council appointments to other organisations. Approval of elected member training/conference attendance.

Any other procedural matters as required under the Local Government Act 2002 or any other

Act.

Mayor’s Delegation:

Should there be insufficient time for Council to consider approval of elected member

training/conference attendance that this be delegated to the Mayor/Deputy Mayor with a

report back to Council at the next scheduled meeting.

Should there be insufficient time for Council to consider approval of a final submission to an

external body that the signing off of the submission on behalf of Council be delegated to the

Mayor/Deputy Mayor provided that the final submission be reported to Council or the relevant

Committee at the next available meeting.

Mayor and Councillors’ Delegations:

18

Pursuant to Clause 32(1) of Schedule 7 of the Local Government Act 2002, to each of the

Mayor and Councillors, whether individually or collectively, the power to listen to and receive

the presentation of views by people pursuant to Section 83(1)(d) of the Local Government Act

2002 in relation to any processes Council undertakes to consult on under the Special

Consultative Procedure as required by the Local Government Act 2002 or any other Act.


Community Committee

Chair: Councillor Peter Mackay

Deputy: Councillor Margaret Murray-Benge


Dean, Mike Lally; Peter Mackay, Kevin Marsh; David Marshall; Margaret

Murray-Benge; John Palmer, John Scrimgeour, Don Thwaites; Mike

Williams


Role

Subject to compliance with Council strategies, policies, plans and legislation:

To develop relationships in community sectors to enable Council to achieve local solutions

to local problems and promote positive change and sustainability for strong, healthy and safe communities.

To develop for recommendation to the Policy Committee the plans, programmes and policies for co-ordination with other agencies including but not restricted to government, regional and community agencies to further community development outcomes.

To work with others to share information and to connect community groups to each other where appropriate.

To establish a strategic focus to align Council economic, cultural, social and environmental development programmes with community outcomes as set out in the Long Term Plan.

To develop and maintain a strong relationship with Tangata Whenua by ensuring Maori values are considered.

To maintain liaison with the relevant community boards regarding issues raised in their board areas.

Delegations:

To monitor the work of the Community Development Team through receipt of regular

reports. To receive community development plans and where appropriate make recommendations

to Council or its Committees to assist in the implementation of the plans. To receive and resolve on or recommend to Council or its Committees as appropriate the

reports, recommendations and minutes of any Joint Committee, working group or forum as directed by Council.

To facilitate the involvement of external parties in achieving Council outcomes in the Long Term Plan.

To promote and advocate on behalf of Council the co-ordination of community services and agencies for the well-being of the community.

To advise Council and its Committees on community plans, policies and projects that impact on the achievement of Council outcomes.

To develop and promote strategies and programmes to facilitate community participation in issues which contribute to Council strategies and outcomes.

To monitor performance and outcomes of community halls, including development and maintenance of relationships with Community Hall Committees.

To monitor Community Service Contracts, set service delivery requirements and receive reports from but not limited to the following:

20

- Katikati Open Air Art - Tauranga Safer Cities - Tauranga Citizens Advice Bureau - Sport BOP - BOP Surf Lifesaving – Waihi Beach and Maketu - Katikati Resource Centre - Tauranga Art Gallery - Creative Tauranga - Wild about NZ - Te Puke Economic Development Group - Katch Katikati - Waihi Beach Events and Promotions

To receive resolve on or refer to Council and its Committees as appropriate the

recommendations from the Rural Forum.

Community Grants

Subject to compliance with Council strategies, policies, plans and legislation to allocate or

recommend allocation of discretionary funds in accordance with the following delegations:

To allocate funds from the Discretionary Community Grants fund in accordance with

Council’s criteria and policies for the fund. To consider applications to the Facilities in the Community Grant Fund and make

recommendations to Council through the annual plan process on such applications in accordance with Council’s criteria and policies for the fund.

To monitor the allocation of all discretionary grants made by Council and its Community Boards.

Financial Delegations

Allocation of annual budgeted funds from the Discretionary Community Grants fund.

Allocation of Ecological Financial Contributions Accumulated in accordance with Council policy.

Other The Committee will meet at least five times a year, in once in each of the following communities: Kaimai Ward Te Puke/Maketu Ward Katikati/Waihi Beach Ward Māori Community

Rural Community


District Plan Committee

Chair: Mayor Garry Webber

Membership: His Worship the Mayor Garry Webber; Councillors Peter Mackay, Kevin

Marsh; Margaret Murray-Benge; Mike Williams

Quorum: The quorum for this meeting is two members.

Role:

Subject to compliance with Council strategies, policies, plans and legislation and pursuant to

the Resource Management Act 1991 and the Local Government Act 2002:

• To achieve integrated management of the effects of the use, development, or protection

of land and associated natural and physical resources of the district by:

- Hearing and deciding on all changes, variations, designations and reviews in relation

to the District Plan, Development Code, and built environment strategies

- To receive reports on appeals to the Environment Court on Committee or

Commissioner decisions made in relation to Resource Management Act matters and

to provide guidance to staff authorised to negotiate and settle appeals on Council's

behalf, subject to a report back to the Committee on the outcomes of final

settlements and agreements

Chairperson’s Delegations

Pursuant to the Resource Management Act 1991 should there be insufficient time for staff to

consult with the Committee on appeals to the Environment Court (in relation to District Plan

Change or variation decisions), the authority to provide guidance be delegated to the

Chairperson with a report back to the Committee at the next scheduled meeting.

Joint Hearings

The power to conduct Joint Hearings with other local authorities where considered

necessary in accordance with the provisions of the First Schedule of the Resource Management Act and as mutually approved by Council and the relevant other authority(ies).

The power to appoint members and/or Commissioners to Joint Hearings Committees.

Subject to the provisions of the Act Joint Hearings within the Western Bay of Plenty District shall be conducted in accordance with operational protocols and procedures approved by the Committee from time to time.

Hearing Panels

The power to appoint hearings panels of appropriately qualified members and/or Independent Hearings Commissioners to hear and decide on specific Resource Management Act matters as directed by the Committee.

22

Long Term and Annual Plan Committee

Chair: Councillor John Scrimgeour

Deputy: Councillor Peter Mackay






Role

Subject to compliance with legislation to develop the Long Term and Annual Plans and

associated strategies for the future direction of Council and its communities. Delegations

To undertake on behalf of Council all processes and actions precedent to the final adoption of

Long Term and Annual Plans including the development of consultation documents,

community engagement and associated special consultative processes, policies, and strategies

required to be adopted and consulted on under the Local Government Act 2002.

Subject to compliance with legislation and the Long Term Plan to resolve all matters of

strategic policy which does not require, under the Local Government Act 2002, a resolution of

Council. Strategic policy is defined as any matter relating but not limited to, the following:

• Overall Infrastructure Strategies and financial Planning/Action Plans

• Policy direction for asset management planning

• To set service standards including levels of service.

• Utilities services/ infrastructure policy and planning Road / Transport policy and planning Other

Pursuant to clause 32(1) of Schedule 7 of the Local Government Act 2002, each of the Mayor

and Councillors, whether individually or collectively, the power to listen to and receive the

presentation of views by people and to engage in spoken interaction with people pursuant to

section 83(1)(d) of the Local Government Act 2002 in relation to any processes Council

undertakes to consult on under the Special Consultative Procedure as required by the Local

Government Act 2002 or any other Act.

The Committee may without confirmation by Council exercise or perform any function, power

or duty relating to those matters delegated by Council in like manner, and with the same

effect, as the Council could itself have exercised or performed them.

The Committee may delegate any of its functions, duties or powers to a subcommittee subject

to the restrictions on its delegations and provided that any sub-delegation to subcommittees

includes a statement of purpose and specification of task.


The Committee may make recommendations to Council or its Committees on any matters to achieve the outcomes required in the role of the Committee but outside its delegated authorities.

24

Operations and Monitoring Committee

Chair: Councillor Don Thwaites

Deputy: Councillor John Palmer




Williams


Role:


To monitor performance and outcomes over all of Council’s service functions including

the following:

- Regulatory Operations - Roading Operations - Utilities Operations - Parks, Reserves, Cemeteries and other council property - Customer services, libraries - Corporate Property Operations and development - Sub Regional Parks - Operational service contracts (e.g. swimming pools, community halls) - Emergency Management - Rural Fire

General Delegations:

To make decisions to enable and enhance service delivery performance. To approve operational policy including resolving operational policy matters defined as

the implementation of policy. To resolve all operational matters as referred by Community Boards. To make decisions in regard to assets to implement Council’s plans, policies and projects

as contained in the Long Term Plan and Annual Plans. To monitor assets and resources required for the delivery of services. To monitor the implementation of Council’s strategies, plans, policies and projects

contained in Council’s Long Term Plan and Annual Plans. To receive and resolve on or recommend to Council or its Committees as appropriate the

reports, recommendations and minutes of the Joint Road Safety Committee and any other Joint Committee, working group or forum as directed by Council.

To undertake on behalf of Council all processes and actions (including consultation) for the amendment of bylaw schedules relating to operational services precedent to the recommendation to Council for adoption of the amendments.


Financial Delegations:

Pursuant to Section 4(1) of the Public Bodies Contracts Act 1959, the Committee shall have the power to enter into contracts in respect of the Committee’s functions to a maximum value of $5,000,000 for any one contract, provided that the exercise of this power shall be subject to, and within the allocation of funds set aside for that purpose in the Long Term Plan, the Annual Plan and Budget or as otherwise specifically approved by Council. To report to Council financial outcomes and recommend any changes or variations to allocated budgets.

Other:

The Committee may without confirmation by Council exercise or perform any function, power or duty relating to those matters delegated by Council in like manner, and with the same effect, as the Council could itself have exercised or performed them. The Committee may delegate any of its functions, duties or powers to a subcommittee subject to the restrictions on its delegations and provided that any sub-delegation to subcommittees includes a statement of purpose and specification of task. The Committee may make recommendations to Council or its Committees on any matters to achieve the outcomes required in the role of the Committee but outside its delegated authorities.

26

Policy Committee

Chair: Councillor Mike Williams

Deputy: Councillor David Marshall




Williams


Role

Subject to compliance with legislation to develop plans and policies for the future direction of

Council and its communities.

General Delegations

• To exercise all decision-making powers of Council within the Committee’s scope of

delegated functions and in accordance with its role, and to do anything precedent to the

exercise by Council of its powers and duties as specified in Schedule 7 of the Local

Government Act 2002 Clause 32 subclause 1 items b and h being specifically the following: To undertake on behalf of Council all processes and actions (including consultation) for

the development of bylaws, remuneration and employment policy, and policies required to be adopted and consulted on under the Local Government Act 2002 developed for the purpose of the local governance statement precedent to adoption by Council.

Subject to compliance with legislation and the Long Term Plan to resolve all matters of policy

and planning which do not require, under the Local Government Act 2002, a resolution of

Council. Policy is defined as any matter relating but not limited to, the following:

• Policy Development

• Comprehensive Development Planning

• Environmental policy

• Matters of policy referred by Council, Community Boards or other committees

• Reserve Management Planning

• To conduct policy review and monitor policy variation frameworks

• To undertake on behalf of Council all processes and actions (including consultation) to

develop bylaws precedent to the recommendation to Council for adoption of the bylaws

Subject to compliance with legislation and the Long Term Plan to resolve all matters of

strategic policy outside of the Long Term Plan process, which does not require, under the

Local Government Act 2002, a resolution of Council. Strategic policy is defined as any matter

relating but not limited to, the following:

• Overall Infrastructure Strategies and financial Planning/Action Plans

• Policy direction for asset management planning

• To set service standards including levels of service.

• Utilities services/ infrastructure policy and planning Road / Transport policy and planning


• To receive and resolve on or recommend to Council or its Committees as appropriate the

reports, recommendations and minutes of the following:

- Regional Land Transport Committee

- SmartGrowth Implementation Committee

- And any other Joint Committee, working group or forum as directed by Council.

• To receive resolve on or refer to Council and its Committees as appropriate the

recommendations from the Rural Forum.

Resource Management Act 1991 - District Plan Policy Development

Pursuant to the Resource Management Act 1991 to establish and review objectives,

policies and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district by:

Developing to the point of notification all District Plan and Development Code Changes, variations, designations and reviews and built environment strategies.

Financial Delegations

Pursuant to Section 4(1) of the Public Bodies Contracts Act 1959, the Committee shall have

the power to enter into contracts in respect of the Committee’s functions to a maximum value

of $5,000,000 for any one contract, provided that the exercise of this power shall be subject

to, and within the allocation of funds set aside for that purpose in the Long Term Plan, the

Annual Plan and Budget or as otherwise specifically approved by Council.

To report to Council financial outcomes and recommend any changes or variations to allocated

budgets.

Other

Pursuant to clause 32(1) of Schedule 7 of the Local Government Act 2002, each of the Mayor

and Councillors, whether individually or collectively, the power to listen to and receive the

presentation of views by people and to engage in spoken interaction with people pursuant to

section 83(1)(d) of the Local Government Act 2002 in relation to any processes Council

undertakes to consult on under the Special Consultative Procedure as required by the Local

Government Act 2002 or any other Act.

The Committee may without confirmation by Council exercise or perform any function, power

or duty relating to those matters delegated by Council in like manner, and with the same

effect, as the Council could itself have exercised or performed them.

The Committee may delegate any of its functions, duties or powers to a subcommittee subject

to the restrictions on its delegations and provided that any sub-delegation to subcommittees

includes a statement of purpose and specification of task.

The Committee may make recommendations to Council or its Committees on any matters to

achieve the outcomes required in the role of the Committee but outside its delegated

authorities.

28

Regulatory Hearings Committee

Chair: His Worship the Mayor Garry Webber

Membership: His Worship the Mayor Garry Webber; Councillors Peter Mackay,

Margaret Murray-Benge; Mike Williams

Quorum: The quorum for this meeting is two members.

Role:


• To carry out quasi-judicial decision-making on statutory and regulatory matters, and

to ensure the proper exercise of statutory and regulatory functions • To administer and determine applications relating to:

- Animal Enforcement Notices - Regulatory Hearings (Building and Health) - Building Consent Objections - Stock Droving Applications - Bylaw Administration and enforcement - Notified Planning Hearings and Resource Consents

• To monitor and review the Chief Executive Officer’s management of policy decisions and programmes for which the Committee is responsible under delegated authority

• To make decisions on matters not delegated to the Chief Executive Officer • To exercise all decision-making powers of Council within the Committee’s delegated

functions and in accordance with its role and to monitor performance of the delegated functions

• To monitor matters relating to consents functions as decided under delegated authority and make decisions on matters not delegated

Pursuant to the Resource Management Act 1991 to receive reports on appeals to the

Environment Court on Committee or Commissioner decisions made in relation to Resource

Management Act matters and to provide guidance to staff authorised to negotiate and settle

appeals on Council's behalf.

Chairperson Delegations:

• Pursuant to the Resource Management Act 1991 should there be insufficient time for staff

to consult with the Committee on appeals to the Environment Court (in relation to decisions from the Regulatory Hearings Committee or Independent Commissioner decisions), the authority to provide guidance be delegated to the Chairperson and Deputy Chairperson with a report back to the Committee at the next scheduled meeting.

• The power to appoint hearings panels of appropriately qualified members and/or Independent Hearings Commissioners to hear and decide on specific applications should there be insufficient time for the Committee to meet to establish a Hearings Panel provided there be a report back to the Committee at the next scheduled meeting.

• Pursuant to the provisions of the Sale and Supply of Alcohol Act 2012 the power to appoint from the District Licensing Committee list of members a quorum of appropriately qualified members to hear and decide on specific applications.


General Delegations:

All delegated decision-making powers in respect to the following functions: a) Resource Management

• Decisions on subdivisions and other non-notified applications for discretionary or non-complying activities recommended for refusal or otherwise referred to the Committee by the Group Manager Policy, Planning and Regulatory Services

• Hearings of and decisions on notified applications to which there have been objections

• Conditions of approval, extensions • Changes or cancellation of consent • Conditions of surrender of consents • Hearings of and decisions on objections to decisions and conditions of resource

consents in relation to applications decided under staff delegated authority • Hearings of and decisions on notices of requirement

b) Animal Enforcement Notices, including: • Objection to classification as probationary owner • Objection to disqualification • Objection to classification as a dangerous dog • Objection to abatement notice – barking dogs • Application for return of dog • Application for release of dog retained for threatening public safety

c) Stock Droving and Speed Restriction Applications under the relevant bylaws

d) Regulatory Hearings (Building and Health)

Joint Hearings

• The power to conduct Joint Hearings with other local authorities where considered

necessary in accordance with the provisions of the First Schedule of the Resource Management Act and as mutually approved by Council and the relevant other authority(ies).

• The power to appoint members and/or Commissioners to Joint Hearings Committees. • Subject to the provisions of the Act Joint Hearings within the Western Bay of Plenty

District shall be conducted in accordance with operational protocols and procedures approved by the Regulatory Hearings Committee from time to time.

Hearing Panels

The power to appoint hearings panels of appropriately qualified members and/or Independent Hearings Commissioners to hear and decide on specific applications as directed by the Committee.

Other

The Committee may delegate any of its functions, duties or powers to a subcommittee or joint

committee subject to the restrictions on its delegations and provided that any sub delegation

to subcommittees or joint committees includes a statement of purpose and specification of

task.

30

The Committee may, without confirmation by Council, exercise or perform any function, power

or duty in like manner, and with the same effect, as the Council could itself have exercised or

performed them.


Rural Committee

Chair: Councillor Kevin Marsh

Deputy: Councillor Mark Dean






Role


• To represent the interests of the rural community. To consider and report on any matter of interest or concern to the rural community. • To undertake responsibilities as delegated by Council or its Committees.

Delegated Functions

• To report and make recommendations to Council and its Committees in accordance with

their delegated functions on issues facing respective rural communities to promote public participation and communication within respective communities.

• To undertake tasks, powers and functions as may be delegated by Council or its Committees in accordance with their delegated functions from time to time.

• To provide an effective mechanism for the rural community’s feedback to Council on strategic issues (e.g. transport, fresh water, employment.)

• To develop relationships on behalf of Council with rural sector organisations including but not limited to: - Federated Farmers - Hort New Zealand - NZKGI - Avo Industry Council and NZ Avocado Growers Association - Te Puke Fruit Growers Association - NZ Deer Association - Rural Contractors (eg Maize, silage, kiwifruit, transport etc) - Passionfruit Growers Association - NZ Foresters - Forest and Bird - Fish and Game Council - NZ Deer Stalkers Assn - Rural Tourism Operators (Including accommodation) - Road Transport Association

Other:

The Committee may without confirmation by Council exercise or perform any function, power or duty relating to those matters delegated by Council in like manner, and with the same effect, as the Council could itself have exercised or performed them.

32

The Committee may delegate any of its functions, duties or powers to a subcommittee subject to the restrictions on its delegations and provided that any sub-delegation to subcommittees includes a statement of purpose and specification of task.

The Committee may make recommendations to Council or its Committees on any matters to

achieve the outcomes required in the role of the Committee but outside its delegated

authorities.


District Licensing Committee

Chairperson/Commissioner M Jones

Deputy Councillor D Thwaites

Councillor Councillor P Mackay

Community Appointees J Davison

M Horne

Quorum: Commissioner and two members from the list (Section 191 – Sale and Supply

of Alcohol Act 2012)

Role: As conferred under the Sale and Supply of Alcohol Act 2012:

To consider and determine applications for licences and manager's certificates

To consider and determine applications for renewal of licences and manager's

certificates

To consider and determine applications for temporary authority to carry on the sale

and supply of alcohol in accordance with section 136 of the Sale and Supply of Alcohol

Act 2012

To consider and determine applications for the variation, suspension, or cancellation of

special licences

To consider and determine applications for the variation of licences (other than special

licences) unless the application is brought under section 280 of the Sale and Supply of

Alcohol Act 2012

With the leave of the chairperson for the licensing authority, to refer applications to

the licensing authority

To conduct inquiries and to make reports as may be required of it by the licensing

authority under section 175 of the Sale and Supply of Alcohol Act 2012

Any other functions conferred on licensing committees by or under the Sale and Supply

of Alcohol Act 2012 or any other enactment

Chair’s Delegation:

Where no objection to the application has been received within the timeframes as prescribed

under the Act the authority to decide on the papers and issue decisions on such applications

(Section 191 (2) Sale and Supply of Alcohol Act 2012).

http://www.legislation.govt.nz/act/public/2012/0120/latest/link.aspx?id=DLM3339615



34

Council Committee Structure Chart

SmartGrowth

Leadership Group

Policy Committee

Operations and

Monitoring

Committee

Community

Committee

Regional

Transport

Committee

Joint Road Safety

Committee

Rural Committee

District Plan

Committee

Regulatory

Hearings

Committee

District Licensing

Committee

Waihi Beach

Community Board

Omokoroa

Community Board

Katikati

Community Board

Maketu

Community Board

Te Puke

Community Board

Council

Council Policy

Significance and Engagement Policy

35

Meeting Processes

Conduct of Meetings

The legal requirements for council meetings are set down in the Local Government Act

2002 and the Local Government Official Information and Meetings Act 1987 (LGOIMA).

Some of the important criteria for public access are:

All council and committee meetings must be open to the public unless there is

reason to consider items with the public excluded.

Although meetings are open to the public, members of the public do not have

speaking rights on agenda items unless prior arrangements are made with Council.

This may be done by members of the public lodging a request at least 10 working

days prior to the meeting. The request will then be put to the Chairperson and

his/her response advised accordingly.1

All Council, Committee and Community Board meetings other than those convened

for hearings processes have a public forum session where members of the public

have 3 minutes to address Councillors and Board members. These forums have

some rules around them so please contact the Democracy Management Advisor

for assistance if you wish to make a presentation. For details on the public forums

see Appendix 2 on Public Forums.

The Local Government Official Information and Meetings Act 1987 contains a list

of the circumstances where councils may consider items with the public excluded.

(These circumstances generally relate to protection of personal privacy,

professionally privileged or commercially sensitive information, and the

maintenance of the law, public health, safety and order).

Council and committee and community board agendas are public documents,

although parts may be withheld if the above circumstances apply.

The Mayor or committee chairperson is responsible for maintaining order at

meetings and may, at his or her discretion, order the removal of any member of

the public for disorderly conduct, or remove any member of council who does not

comply with standing orders.

Minutes of meetings must be kept as evidence of the proceedings of the meeting.

These must be made publicly available, subject to the provisions of the Local

Government Official Information and Meetings Act 1987.

For ordinary meetings of Council, at least 14 days notice of the time and place of

the meeting must be given publicly. Extraordinary meetings generally can be called

on three working days notice, or less in special circumstances.

1 For details on what to expect if you make a request to speak to a Committee or Council, please

see Appendix 1 to this Governance Statement.

36

During meetings the Mayor and Councillors must follow standing orders (a set of

procedures for conducting meetings). The council may suspend standing orders by a vote

of 75 per cent of the members present. Information on the standing orders can be

obtained from the Group Manager Technology, Customer and Community Services, or

from the website on www.westernbay.govt.nz

Consultation Procedure and Principles

The Local Government Official Information and Meetings Act 1987 (LGOIMA) sets out

certain consultation principles and a procedure that local authorities must follow when

making certain decisions. This procedure, the special consultative procedure, is

regarded as a minimum process. The council can and does consult outside of the special

consultative procedure.

The special consultative procedure consists of the following steps:

Step 1: Preparation of a statement of proposal and a summary. The Council must

prepare a description of the proposed decision or course of action. The statement

must be available for distribution throughout the community and must be available

for inspection at the Council office and may be made available elsewhere. The

Council also has to prepare a full and fair summary of the proposal which must be

distributed as widely as the Council considers reasonably practicable. That

statement must be included on an agenda for a Council meeting.

Step 2: Public notice. The Council must publish a notice in one or more daily

newspapers, or in other newspapers of equivalent circulation, of the proposal and

of the consultation being undertaken.

Step 3: Receive submissions. The Council must acknowledge all written

submissions and offer submitters a reasonable opportunity to make an oral

submission. The Council must allow at least one month (from the date of the

notice) for submissions.

Step 4: Deliberate in public. All meetings where the Council deliberates on the

proposal or hears submissions must be open to the public (unless there is some

reason to exclude the public under the LGOIMA). All submissions must be made

available unless there is reason to withhold them under LGOIMA.

Step 5: Follow up. A copy of the decision and a summary of the reasons must be

provided to submitters. There is no prescribed format for such a summary. The

Council may be required to use the special consultative procedure under other

legislation, and it may use this procedure in other circumstances if it wishes to do

so.

Council has adopted a significance and engagement policy to comply with legislation and

assist in its dialogue with the community in the development of important plans and

policies. Following is a full copy of the policy:

http://www.westernbay.govt.nz/

Council Policy


37

1. Relevant Legislation Local Government Act (LGA) 2002.

2. Policy Objectives

2.1. To enable Council and its communities to identify the degree of significance attached to particular issues, proposal, assets, decisions and activities.

2.2. To let communities know how and when they can expect to be engaged in Council’s decision-making processes.

2.3. To inform Council from the beginning of a decision-making process about the extent, form and type of engagement required.

3. Inputs into decision making

3.1. One of the key roles of local government is to enable democratic local decision-making and action by, and on behalf of, communities.

3.2. While community and stakeholder engagement improves decision-making, it is not the sole input into a decision. As shown in the diagram below, there are a wide range of information sources and perspectives that will inform a council decision. The information sources and perspectives are harnessed and collated which helps make the decision ‘sustainable’ (i.e. unlikely to require re-visiting due to it being well-informed and well-considered). Decisions are based on a wide range of information sources and perspectives and it may differ from the prevailing public opinion.

38

4. Definitions

Community A group of people living in the same place or having a particular characteristic in common. Includes interested parties, affected people and key stakeholders.

Decisions Refers to all the decisions made by or on behalf of Council including those made by officers under delegation. (Management decisions made by officers under delegation during the implementation of Council decisions will be deemed to be not significant).

Engagement A term used to describe the process of seeking public input to inform decision making. There is a continuum of community engagement (see Section 3 in Schedule 2 of this policy).

Significance As defined in Section 5 of the LGA2002 this means the degree of importance of the issue, proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,— (a) the district or region: (b) any persons who are likely to be particularly affected

by, or interested in, the issue, proposal, decision, or matter:

(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so.

Significant Significant means that the issue, proposal, decision or other matter is assessed as having a high degree of significance.

Strategic asset As defined in Section 5 of the LGA2002 “in relation to the assets held by a local authority, means an asset or group of assets that the local authority needs to retain if the local authority is to maintain the local authority's capacity to achieve or promote any outcome that the local authority determines to be important to the current or future well-being of the community; and includes—

(a) any asset or group of assets listed in accordance with section 76AA(3) by the local authority; and

(b) any land or building owned by the local authority and required to maintain the local authority's capacity to provide affordable housing as part of its social policy; and

(c) any equity securities held by the local authority in—

(i) a port company within the meaning of the Port Companies Act 1988:

(ii) an airport company within the meaning of the Airport Authorities Act 1966”.

Council’s strategic assets are listed in Schedule 1. Subject Any issue, proposal, asset, decision, activity or other matter

that concerns or is before a local authority.

5. Policy Criteria and Procedures 5.1. Procedures




Council Policy


39

5.1.1. All decisions will be assessed to determine their level of significance using the

policy criteria below.

5.1.2. If a subject is affected by one or more of the criteria below, the matter is more likely to have a high degree of significance.

5.1.3. The higher the degree of significance of a decision the greater the detail and analysis required to be undertaken, in particular for the:

a) identification and assessment of all reasonably practicable options

b) quantification of costs and benefits resulting from the decision to be made

c) information to be considered

d) written records to demonstrate compliance with procedures in relation to the decision.

5.1.4. If Council makes a decision that is inconsistent with this policy, the steps identified

in Section 80 of the Local Government Act 2002 will be undertaken. 5.1.5. When any subject is determined as having a high degree of significance the nature

and extent of engagement proposed will be outlined in an engagement plan to be developed by Council. Subjects having a lesser degree of significance may still involve an engagement process in accordance with the appropriate approach outlined in Schedule 2.

5.1.6. Certain significant decisions must be provided for in the Long Term Plan. For

instance, any significant alteration to the intended level of service provision for a significant activity, or a decision to transfer the ownership or control of a strategic asset to or from the local authority.

5.2. Assessing significance

In assessing the degree of significance of any subject, Council will apply the following criteria:

Criteria Examples

The number of residents and rate payers affected

High significance: A Local Alcohol Policy can control the number, density and hours of operation of liquor outlets (e.g. pubs, bottle stores) across the District. This policy has the potential to impact on the health and wellbeing of the community (i.e. alcohol related harm). Low significance: 50 metre extension of a walkway.

The extent to which the residents and ratepayers are affected

High significance: Installation of a wastewater scheme into a community e.g. Maketu

40

Low significance: Rural water supply extension.

Whether the subject is likely to impact on future interests of the community

High significance: Building a new library. Low significance: Purchase of balers to compact recycling.

Whether the subject is likely to recognise and provide for Māori cultural values and their relationship to the land and water

High significance: Increasing municipal water takes, dredging of waterways etc. Low significance: Upgrading of a playground.

Whether there is likely to be a high level of community interest in the subject

High significance: Availability of psychoactive substances in the District. Low significance: Changes to the frequency in lawn mowing of reserves.

Whether the subject affects the level of service of a significant activity

High significance: Proposal to increase stormwater infrastructure to a standard that has the capacity to manage a 1 in 50 year rainfall event. Low significance: Reducing inspections of pensioner housing from yearly to once every two years.

Whether the subject has a financial impact on Council or the rating levels of its communities

High significance: Changing from land value to capital value rating of properties. Low significance: Community Board grants

Whether the decision is reversible

High significance: A decision to approve a wastewater system is largely irreversible; in that once the system is installed it would be extremely difficult and costly to change the system in the short term. Low significance: Speed limits.

Whether the likely consequences are controversial

High significance: Local Alcohol Policy Low significance: Water rates remission policy for water leaks

Whether there is a legal requirement to consult and/or use the special consultative procedure

High significance: Transferring ownership or control of strategic assets. Low significance: Class 4 TAB Venue Gambling Policy.

5.3. Community engagement principles

5.3.1. Engagement will be:

Council Policy


41

o Meaningful - based on an open mind and willingness to listen.

o Respectful - with the aim of building council-community relationships.

o Supported by the provision of information which is balanced, sufficient and in plain language.

o Inclusive and endeavour to reach all those affected.

o Flexible and tailored to the needs of those who are being engaged.

o Coordinated across Council departments to minimise duplication and engagement fatigue.

o Pragmatic, efficient and value for money.

5.3.2. In considering the nature and extent of community engagement that needs to be

undertaken, a range of methods will be identified proportionate to the significance of the subject and the community’s preferred ways of engaging with the Council. More detail of community engagement methods is outlined in Schedule 2.

6. Policy Review 6.1. This policy will be reviewed every three years following the commencement of a

new triennium.

Schedule 1 – List of Strategic Assets For the purposes of sections 5 and 76AA(3) of the Local Government Act 2002, Council considers the following assets to be strategic assets: The roading network as a whole

Reserves listed and managed under the Reserves Act 1997 excluding:

(a) Reserves identified for investigation for disposal in an adopted Reserve Management Plan

(b) Local Purpose Reserves

Land held under other Acts or as fee simple but listed as reserves or considered as reserves.

Water reticulation network as a whole

Wastewater plant and network as a whole

Stormwater reticulation network as a whole

Library network

Pensioner housing network.

Schedule 2 – Community engagement approaches

1. Community engagement planning

In planning appropriate approaches to engage the community the following will be taken into account:

42

a) The greater the significance of the subject the greater the need for careful consideration and planning of community engagement;

b) Legislative requirements to use the Special Consultative Procedure (as set out in Section 83 of the LGA) and/or in accordance with the principles in Section 82 of the LGA;

c) Differing levels of engagement may be required during the phases of decision making and for different stakeholders;

d) The length of the engagement period will be proportional to the significance of the subject, nature of the audience and the circumstances in which the decision is taken;

e) The extent to which community views on the issue are already known;

f) If there is a high level of community interest in the decision engagement will begin early and there will be a number of opportunities for the community to express their views

g) The costs and benefits of any engagement process will be identified to inform the nature and extent of community engagement before implementation;

h) Opportunities for Māori to contribute to the decision making process will be considered.

i) Joint management agreements, Memoranda of Understanding, or any other similar agreements will be considered when engaging with Māori and the community in general

j) Communities will be informed of Council decisions following engagement

k) Community engagement processes and outcomes will be evaluated to inform improvements.

l) Community engagement planning will be guided by the community engagement approaches in Schedule 2 and the community engagement guidelines.

2. Selection of engagement methods

Council will select methods for community engagement by taking into account:

- the social and demographic profile of the community affected by the subject

- information we have about how communities prefer to be engaged

- the circumstances in which the subject has arisen (e.g. decisions needing to be taken in a civil defence emergency)

- Whether there is a legislative requirement to use the Special Consultative Procedure (section 83, LGA) or whether consultation which gives effect to the principles in Section 82 LGA is appropriate – see community engagement guidelines for more information.

Council Policy


43

44

3. Community engagement methods

A brief description of the spectrum of community engagement2 is outlined below:

Inform Consult Involve Collaborate Empower

Public

Participation

goal

To provide the public

with balanced and

objective information

to assist them in

understanding the

problem, alternatives,

opportunities and/or

solutions.

To obtain public

feedback on analysis,

alternatives and/or

decisions.

To meet the Section 82

Consultation Principles

and the Section 83

Special Consultative

Procedure

requirements.

To have the community

more involved in the

decision making

process.

To partner with the

public in each aspect of

the decision including

the development of

alternatives and the

identification of the

preferred solution.

To place final decision-

making in the hands of

the public.

Promise to

the public

We will keep you

informed.

We will keep you

informed, listen to and

acknowledge concerns

and aspirations, and

provide feedback on

how public input

influenced the decision.

We will work with you

to ensure that your

concerns and

aspirations are directly

reflected in the

alternatives developed

and provide feedback

on how public input

influenced the decision.

We will look to you for

advice and innovation

in formulating solutions

and incorporate your

advice and

recommendations into

the decisions to the

maximum extent

possible.

We will implement

what you decide.

Types of

issues

Changes in the

frequency of street

cleaning in Te Puke.

Psychoactive

Substances Local

Approved Products)

policy

Development of the

local alcohol policy i.e.

public survey, regular

stakeholder meetings.

Waihi Beach ‘Storm in a

tea cup’ to identify

solutions to flooding.

Voting for elected

members.

2 IAP2 Public Participation Spectrum developed by the International Association for Public Participation and adapted for the purposes of the Significance and Engagement Policy.


When the

community

can expect to

be involved

Council would generally

advise once a decision

is made.

Council would advise

the community once a

draft decision is made

Council would engage

with the community

early on to encourage

input throughout the

process

Council would generally

partner with the

community at the start

to scope the issue,

again after information

has been collected and

again when identifying

options/ solutions.

Early on with a long

lead in time to ensure

the community have

time to prepare and

Council can provide

support if required.

Example

techniques Fact sheet

Web sites

Open houses

Submissions

Focus groups

Surveys

Public meetings

Appoint community

members to

committees

Workshops

Deliberative polling

Citizen advisory

committees

Consensus building

Participatory

decision-making

Citizen juries

Ballots

Delegated decision

See the Community Engagement guidelines which outline the different methods for each of the above categories of engagement in more detail including using Section 82 Consultation Principles and Section 83 Special Consultative Procedure. In relation to engaging with Māori, please refer to the Tangata Whenua Engagement Guidelines and Protocols.

46

Policies for Liaising with, and Memoranda and Agreements with, Maori

The Western Bay of Plenty District Council’s aim is to continue to develop and maintain a

strong relationship with tangata whenua. Following is a description of the historical provisions

for this to the end of the 2013-2016 triennium.

Partnership Forums – 2014 - 2016

History For a number of years Western Bay of Plenty District Council (“Council”) has ensured Māori representation through a dedicated committee – the most recent name for this committee being Te Komiti Māori. Te Komiti Māori had been established principally to strengthen the relationships between Council and tangata whenua and was able to make recommendations to Council on matters pertaining to Māori. Te Komiti Māori was a standing committee of Council whose function was to develop a work programme to escalate tangata whenua priorities for action and to make recommendations to Council on matters pertaining to Māori. The make up of Te Komiti Māori evolved over time from a largely iwi centric committee to a mixed model that also included communities of interest in the Te Arawa and Tauranga Moana rohe such as trust boards and some hapū. Following Treaty settlements across the Western Bay District during 2012 and 2013, Council received an increasing number of requests from iwi and hapū seeking representation on Te Komiti Māori so it became necessary to review its form and function. In 2013 Council undertook such a review which included discussions with local iwi and hapū and members of Te Komiti Māori. As a result of the review it was resolved that Te Komiti Māori would be disestablished and new Partnership Forums would be established which would be better able to recognise the increasing requests for iwi and hapū representation

Purpose:

Better outcomes for Māori, a sustainable environment and healthy empowered communities.

Te Pae Tawhiti/Vision:

A district where the environment is protected and enhanced; people and communities are healthy, prosperous and empowered.

Te Kaupapa/Mission:

Our relationship is an equal partnership recognising the strength of working together to achieve better outcomes for our communities.

Ngā Tikanga/Principles:

Courageous, committed, proactive and evolving. Good faith, mutual respect and understanding. Effective management / Kaitiakitanga. Effective governance / Rangatiratanga.


1. Form and Membership

(a) Two separate Partnership Forums were established to address issues relating to Māori.

One Partnership Forum represented “Western” iwi and hapū and was known as the

Tauranga Moana Partnership Forum, the other Partnership Forum represented “Eastern”

iwi and hapū and was known as the Te Arawa ki Takutai Partnership Forum.

(b) Iwi and hapū that have interests within the territorial boundaries of Council were entitled

to have one primary representative on one of the Partnership Forums. Iwi and hapū

were also entitled to have one alternate representative who could attend their

Partnership Forum meetings where a primary representative was unable to.

If both the primary and alternate representative for an iwi or hapū attend their

Partnership Forum meeting, only the primary representative would have the right to

vote and be remunerated in accordance with these Terms of Reference.

(c) His/Her Worship the Mayor together with all Western Bay of Plenty District Councillors

comprised Council representation on both Partnership Forums.

2. Selection of iwi and hapū representatives

(a) Iwi and hapū representatives were determined by those iwi and hapū who had

representation on the Partnership Forums. Iwi and hapū advised Council of their

respective representatives by providing the following –

(i) Minutes of an advertised hui-a-iwi/hui-a-hapū where a resolution was passed

appointing a representative to the Partnership Forum; or

(ii) A letter of appointment from the Chairperson of an iwi or hapū governance entity

that had the authority to appoint iwi/Hapū representatives (where such a

governance entity existed).

NB: If Council is notified that a primary representative for an iwi or hapū had been

appointed by way of both 2(a)(i) and 2(a)(ii) and that representative is not the same

person, the person appointed by way of 2(a)(i) shall be recognised as the representative

for that iwi or hapū.

(b) Representatives that were part of Te Komiti Māori as at November 2013 (as listed in

schedule A) will be recognised as representatives for their respective iwi or hapū at the

first meeting of the new Partnership Forums. Iwi and hapū that are subject to this

clause, must confirm this representative or appoint a new representative (in accordance

with 2(a) above), by the second meeting of the new Partnership Forums.

(c) Eligible iwi/hapū that had no representation on Te Komiti Māori as at November 2013,

but wish to be included in one of the Partnership Forums, must provide a representative

appointed in accordance with 2(a) above.

3. Functions

The Partnership Forums were intended to - (a) Each identify and develop a schedule of “ISSUES OF SIGNIFICANCE” that are

important to their respective iwi and hapū and Māori generally. These issues of

significance will thereafter be jointly agreed upon and categorised separately as follows:

- High level strategic issues; and

- Specific operational issues.

48

(b) Develop a work programme and actively work toward addressing the schedule of issues

of significance. Timeframes and priorities are to be determined within this work

programme.

(c) Recommend actions to enhance Māori capacity and capability that will contribute to

Council’s decision making processes for inclusion in the development of the Ten Year

Plan.

(d) Ensure that Council’s legislative obligations to Māori are met by providing monitoring

and oversight of those obligations (see Schedule B for relevant legislation).

(e) Build Council understanding about Treaty of Waitangi settlements (including statutory

acknowledgments) and identify their implications for Council (including decision making

processes).

(f) Where it deems it necessary, make recommendations to Council and its committees.

4. Working relationship

(a) Official meetings of each Partnership Forum were held approximately every four (4)

months. The Tauranga Moana and Te Arawa Partnership Forums met together once

(1) per annum (annual summit). Meetings were held in the Chambers of Council or

at any other venue that each Partnership Forum may respectively decide upon.

(b) His/Her Worship the Mayor was the Chairperson for the inaugural meeting of the

Partnership Forums and subsequently was Deputy Chair for all subsequent Partnership

Forum meetings. A Chairperson was selected from among the iwi and hapū

representatives at the second meeting of the respective Partnership Forums.

(c) The Chairperson of the first annual summit shall be the Chairperson for the Tauranga

Moana Forum and shall rotate with the Chairperson for the Te Arawa Forum for the

successive annual summits.

(d) The Group Manager Policy, Planning and Regulatory Services was responsible for

resourcing the Partnership Forums together with relevant staff members.

(e) Once membership on each Partnership Forum was confirmed in accordance with clause

2 above, representatives shall be re-validated every three (3) years, at the same time

as local body elections and in accordance with the criteria set out in these Terms of

Reference. The position of Chairperson shall be decided at the first meeting of a newly

formed Partnership Forum.

(f) If iwi/hapū wish to replace their representative on the Partnership Forum prior to the

end of the three year term of a sitting representative, the process outlined in 2(a) above

applies.

(g) The Partnership Forums do not preclude individual iwi or hapū from working with Council

on matters of their own concern, nor does it preclude iwi and hapū representatives or

Council representatives from holding workshops outside of official meetings of the

Partnership Forums.

(h) The members of the Partnership Forums may agree to appoint representatives from

among their membership to external representation forums (such as the SmartGrowth

Combined Tangata Whenua Forum).

(i) Agenda material that is specific to the kaupapa of the Partnership Forums can be

provided by either iwi and hapū or Council.

(j) These Terms of Reference were adopted at the initial meeting of each Partnership

Forum. At the initial meeting of each Partnership Forum the members agreed on what

administrative support was required and how meetings will run.


5. Dispute resolution

(a) In the event that a dispute arises in terms of the meaning/operation of these terms of

reference the Partnership Forum(s) will resolve the matter amongst themselves.

(b) In the event that a dispute arises in terms of the decision making of the Partnership

Forum(s) the members will resolve the matter amongst themselves.

(c) Disputed issues shall be put to the relevant Partnership Forum as a resolution to be

voted on. The resolution is passed if it is supported by the majority of members of the

Partnership Forum(s). In the event that there is no majority in favour of a resolution,

the Chairperson shall have the casting vote.

(d) Dispute resolution processes shall take account of Ngā Tikanga/Principles of these terms

of reference.

6. Funding and remuneration

(a) Council will provide a budget for each Partnership Forum to give effect to their respective

kaupapa. This will be an annual amount negotiated and agreed in advance.

(b) Council will provide funding for workshops held outside of Official meetings of the

Partnership Forums within a budget agreed by the Partnership Forums.

(c) Iwi and hapū representatives on the Partnership Forums will be entitled to a meeting

fee and travel expenses for official Partnership Forum business, to be paid at the

prescribed rate. Iwi and hapū representatives may attend both Partnership Forums but

will only be entitled to remuneration when attending business at the Partnership Forum

to which they are elected.

7. Specialists Panel

(a) A Specialists Panel shall be established to provide Māori perspectives on a particular

Council topic, policy or development project when and where needed.

(b) Council together with members of the Partnership Forums will define the skill set needed

on the panel (e.g. strategic planning, finance, governance, treaty settlements,

Kaitiakitanga, Te Ao Māori).

(c) Invitations will be made for iwi and hapū to nominate people onto the Specialists Panel.

The Partnership Forums will be responsible for approving nominations onto the

Specialists Panel.

8. Roopu Tautoko

(a) In the spirit of partnership, Council recognises the importance of attending kaupapa that

are of importance to iwi and hapū. In that same spirit it is acknowledged that Council is

in need of the cultural support of Kaumatua and Kuia when attending such occasions.

(b) Council wishes to establish a Roopu Tautoko which will comprise a list of Kaumatua and

Kuia who are willing to provide Council with cultural support as needed. Where cultural

support is needed, Kaumatua and Kuia may be contacted by staff in Council’s

Takawaenga Unit to check availability.

(c) Having a number of Kaumatua and Kuia who are willing to provide cultural support

means that Council can seek support from those who are not hau kainga (of the home

people) at an occasion it may be attending. The Partnership Forums may nominate

Kaumatua and Kuia who are willing to be part of the Roopu Tautoko.

50

(d) Any Kaumatua or Kuia who, as part of the Roopu Tautoko provides cultural support to

Council, shall be paid meeting and travel expenses in accordance with Council’s Koha

policy.

9. Review of Terms of Reference

The representatives of both Partnership Forums will accept the responsibility for

reviewing the Terms of Reference and recommending updates as deemed necessary.

Both Partnership Forums must agree to any changes to the Terms of Reference.

Schedule A:

Iwi/hapū that had representation on Te Komiti Māori as at November 2013

Iwi

Ngai te Rangi

Ngati Makino

Ngati Pukenga

Ngati Ranginui

Ngati Tamatera

Ngati Whakaue

Ngati Whakahemo

Tapuika

Waitaha

Hapū

Ngai Tamawhariua

Te Whānau a Tauwhao

Matakana Island

Outcomes of Partnership Forums (Going forward 2016 on)

In their two years of operation the Partnership Forums developed a strategic plan called Te

Ara Mua. This document sets out issues of significance for Iwi and Hapu and how these would

be addressed going forward. For copies of this document please contact the Maori

Relationships and Engagement Advisor on 07 571 8008.

Deed of Agreement

The Western Bay of Plenty District Council has one Deed of Agreement with the Te Arawa

Maori Trust Board. With the development of the Te Arawa Lakes Trust as the successor body

to the Te Arawa Maori Trust Board the Deed is under review by the signatory parties.

Other Policies for Consultation with Maori

In addition to the above there are specific policies for consultation with Maori in the following

circumstances:

Consideration of Maori Interests – Roading


Iwi Consultation – Resource Consents

Tangata Whenua Engagement Guidelines

Cultural Monitoring Protocol

For details of these policies please contact the Group Manager Policy, Planning and Regulatory

Services on 07 571 8008 or by e-mail [email protected] .

mailto:[email protected]

52

Management Structure and the Relationship between Management and

Elected Members

The Chief Executive Officer is appointed by the Council in accordance with section 42 and

clauses 33 and 34 of Schedule 7 of the Local Government Act 2002. The Chief Executive

Officer implements and manages the Council's policies and objectives within the budgetary

constraints established by the Council. Under section 42 of the Local Government Act 2002,

the responsibilities of the Chief Executive Officer are:

Implementing the decisions of the Council

Providing advice to the Council and community boards

Ensuring that all responsibilities, duties and powers delegated to the Chief Executive

Officer or to any person employed by the Chief Executive Officer, or imposed or

conferred by any Act, regulation or bylaw, are properly performed or exercised

Managing the activities of the Council effectively and efficiently

Maintaining systems to enable effective planning and accurate reporting of the

financial and service performance of the Council

Providing leadership for the staff of the Council

Employing staff (including negotiation of the terms of employment for the staff).

Management Structures and Relationships

Chief Executive Officer Services

The Local Government Act 2002 requires Council to employ a Chief Executive Officer whose

responsibilities are to employ other staff on behalf of the Council, implement Council decisions

and provide advice to the Council. Under LGOIMA, the Chief Executive Officer is the only

person who may lawfully give instructions to a staff member. Any complaint about individual

staff members should therefore be directed to the Chief Executive Officer, rather than the

Mayor or Councillors.

The Chief Executive Officer for Western Bay of Plenty District Council is Miriam

Taris. Miriam Taris can be contacted on 07-571-8008 or by email:

[email protected] . For a list of the activities of this department, please see

the organizational chart.

Council management is organised into four departments. These are:

Customer Services

For a list of the activities of this department, please see the organizational

chart. The contact for this Department is Erica Holtsbaum, Group Manager

Technology, Customer and Community Services. Erica Holtsbaum can be

contacted on 07-571-8008 or by email: [email protected]




Financial Services For a list of the activities of this department, please see the organizational

chart. The contact for this Department is Matt Potton, Chief Financial Officer.

Matt Potton can be contacted on 07-571-8008 or by email:

[email protected]

Infrastructure Services

For a list of the activities of this department, please see the organizational

chart. The contact for this Department is Gary Allis, Deputy Chief

Executive/Group Manager Infrastructure Services. Gary Allis can be contacted

on 07-571-8008 or by email: [email protected]

Policy, Planning and Community Services For a list of the activities of this department, please see the organizational

chart. The contact for this Department is Rachael Davie, Group Manager Policy,

Planning and Community Services. Rachael Davie can be contacted on 07-571-

8008 or by email: [email protected]

The flowchart on the following page shows the services provided by Council, and which

department is responsible for them.

Equal Opportunities Policy

The Western Bay of Plenty District Council is an equal employment opportunities employer

and ensures that all procedures for recruitment, selection, promotion, training, career

development and conditions of employment are non-discriminatory and apply equally to all.




54

Organisational Overview

CEO Services

Customer Services

Financial Services


Policy, Planning and Regulatory Services

Human Resources

- Human resources strategy

- Workforce development

- Cultural support

- Health and safety

Executive Assistance

- Chief Executive

- Mayor

Strategy

- Strategic advice

- Local government reform

Communications - Strategic and Governance

communications

Customer Services

- Library and Service Centres

- Governance/ Democracy

- Catering Information Technology and Services

- Geographic Information Systems

- Information Systems

- Electronic Document Management

System (EDMS)

- Information Services Communications

- Operational communications

- Corporate identity

- Online communications

- Corporate events - Community Development Community and Cultural Development

- Social (including crime prevention)

- Local Economic

- Cultural

- Environment

- Community Funding

- Community Planning

Finance

- Financial Policy and Overview

- Financial Auditing

- Treasury

- Rates and Levies

- Income

- Expenditure

- Finance

- Annual Plan

- Annual Report

- Revenue and Finance Policy

- Long Term Plan (LTP)

Corporate

- LTP Project Management

- Corporate Development Corporate Planning and Development

- Corporate Planning

- Business Planning and Project

Management

- Business Excellence

- Quality and Risk Management

- Performance Monitoring and reporting

- Internal (non-financial) Audit

- Benchmarking

- Procurement

Transportation

- Roading Network

- Asset Management

- West Roads contract Utilities - Utilities Asset Management

- Wastewater

- Stormwater

- Potable Water

- Solid Waste Reserves and Facilities

- Parks

- Reserves

- Esplanades

- Wharves

- Jetties

- Property

- Cemeteries Emergency Management

- Response Capability Management Support

- Secretarial/Support Services

- Legal Administration

- Fleet Management

- Litter Control Strategic Property

- Corporate assets management

- Fleet management

- Administration support for


Development Engineering - Engineering input into

Council strategic documents

- Rural fire

Resource Management

- District Plan

- Structure Planning Policy, Planning and Monitoring

- Strategic, Infrastructure and

Reserves Planning

- Comprehensive Development

Planning

- Strategic and Environmental

Monitoring

- Long Term Plan (LTP)

- Bylaw Development Regulatory

- Building and Health

- Animal Services - Compliance Enforcement, Parking,

Monitoring - Land Information Memorandums

- Resource Consents


Key Planning and Policy Documents (including process for development

and review)

Western Bay of Plenty District Council has adopted the following key planning and policy

documents in consultation with the community to ensure that agreed community outcomes

are in place and the well-being of the community is provided for from social, economic,

environmental and cultural perspectives both now and for the future in accordance with the

purpose of local government. All documents referred to are available on Council’s website at

www.westernbay.govt.nz or by application at the office at Barkes Corner. In addition to these

main documents Council has a large number of formal policies covering a wide range of

Council activities. You can review these on our website under the heading Council Policies,

Plans and Bylaws.

Bylaws

Following is a list of Bylaws currently in place in the Western Bay of Plenty District Council

area. Full copies of the bylaws are available on our website at www.westernbay.govt.nz

Bylaws are local laws put in place by Council as a legal method of controlling certain activities.

Alcohol Control Bylaw 2016

Dog Control Bylaw 2016

Freedom Camping Bylaw 2012 (Amended 2015)

General Bylaw 2008

Chapter 1 – Introduction

Chapter 2 – Animals (Excluding dogs)

Chapter 3 – Cemeteries

Chapter 4 – Nuisances

Chapter 5 – Public Places

Livestock Movements Bylaw 2014

Reserves and Facilities Bylaw 2012

Speed Limits Bylaw 2012

Trade Waste Bylaw 2008

Trading in Public Places Bylaw 2014

Traffic and Parking Enforcement Bylaw 2008

Waste Management and Minimisation Bylaw 2013

Waste Water Drainage Bylaw 2008

Water Supply Bylaw 2008

District Plan

The District Plan sets out the ways in which you are allowed to use your property and is the

method by which the Council maintains and protects our environment while allowing land use

development to continue. The Resource Management Act 1991 makes it compulsory for

councils to prepare a District Plan.


http://www.westernbay.govt.nz/

56

The plan uses rules that have the force of law, as well as other methods such as education

programmes and incentives. Everybody, including Council, must comply with the plan.

Generally speaking, the plan affects new development (i.e. new buildings) or new or changes

in use of land or buildings. Many things can be done “as of right”, while others require

permission from Council. Any activity that has been lawfully established and may be affected

by new rules is generally protected by what are called “existing use rights”.

The District Plan is developed through a public consultation process and outcomes may be

appealed through the Environment Court. The entire District Plan was comprehensively

reviewed in 2009 and can be viewed on our website. For further details on the District Plan

please contact the Resource Management Manager on (07) 571 8008 or e-mail

[email protected]

Long Term Plan

The Local Government Act 2002 requires Council to have a Long Term Plan and to review it

every three years. The Long Term Plan outlines why Council is doing things, what work will

be completed over the next ten years, what it will cost, and how it will be funded. It was

most recently reviewed in 2015 and the 2015-2025 plan is available on our website. The next

review will be commencing in 2017 for public consultation during 2018.

Council’s strategies are reviewed on a continuous basis, and mandated by the community in

a rolling review process. The purpose of the rolling review is to ensure the community has

adequate opportunity, on a strategy by strategy basis, to participate in the decisions which

will affect their future.

Copies of the plan are available on our website at www.westernbay.govt.nz or by application

to the Executive Assistant, Financial Services Group (07) 571 8008 or e-mail

[email protected]





Reserve Management Plans

Reserve Management Plans provide direction for the ongoing day-to-day management and

potential development of Reserves. At the same time activities and the development of

reserve land remain subject to other legislation, Council policy and bylaws.

The Resource Management Act 1991 continues to be relevant and provides overall direction

in terms of sustainable management. The District Plan, prepared under the provisions of the

Resource Management Act, provides objectives, policies and rules relevant to reserve

management. Whilst the Reserve Management Plan provides direction for the management

of specific reserves, Council’s actions in terms of management continue also to be guided and

controlled by other relevant legislation.

Once adopted Reserve Management Plans are continuously under review so that it can adapt

to changing circumstances. A formal review including consultation should occur at five-year

intervals to ensure the Plan remains current. This review process is provided for within the

Reserves Act. For details on this process please contact the Group Manager Policy, Planning

and Regulatory Services phone (07) 571 8008.

Kaimai Ward Reserves Management Plan

This Reserves Management Plan has been

prepared under the provisions of the

Reserves Act 1977. Unless specifically

excluded it covers all reserves vested in or

under the control and administration of the

Western Bay of Plenty District Council within

the Kaimai Ward of Western Bay of Plenty

District. Council’s strategic vision for

recreation and leisure provision throughout

the Western Bay of Plenty District is encapsulated within the ‘Recreation and Leisure

Plan’ (reviewed in 2010). The Kaimai Ward Reserve Management Plan was reviewed

in 2016; and the revised plan is available on Council’s website.

The Reserves Management Plan adopted by Council for the Kaimai Ward reserves will

provide for the consistent management of the Ward’s reserves for the benefit of the

community and the open space amenity of the area. The Reserves Act 1977 provides

for combined reserve management plans for reserves within a geographic area, such

as this plan for the reserves of the Kaimai Ward. This approach has the advantage of

enabling a vision for the provision of open space and recreational facilities across the

Ward and enables Council and the community to see the provision, development and

management of reserves in relation to each other.

Copies of all plans are available on our website at www.westernbay.govt.nz.

Omokoroa Peninsula (Kaimai Ward)


58

Katikati Ward Reserves Management Plan

This Reserves Management Plan has been

prepared under the provisions of the Reserves

Act 1977. Unless specifically excluded it covers

all reserves vested in or under the control and

administration of the Western Bay of Plenty

District Council within the Katikati Ward of

Western Bay of Plenty District. Council’s

strategic vision for recreation and leisure

provision throughout the Western Bay of Plenty

District is encapsulated within the ‘Recreation

and Leisure Strategy’ (RAP) (reviewed in 2010). The Katikati Ward Reserve

Management Plan was reviewed in the 2007/2008 financial year; the revised plan was

adopted by Council in August 2008.

The Reserves Management Plan adopted by Council for the Katikati Ward reserves will




as this plan for the reserves of the Katikati Ward. This approach has the advantage

of enabling a vision for the provision of open space and recreational facilities across

the Ward and enables Council and the community to see the provision, development

and management of reserves in relation to each other.

As the Katikati and Waihi Beach Wards have been amalgamated since the last review

this plan will be amalgamated with Waihi Beach Reserves Management Plan in the

near future.

Copies of all plans are available on our website at www.westernbay.govt.nz or by

application to the Executive Assistant Corporate and Planning phone (07) 571 8008 or

e-mail [email protected]

Waihi Beach Reserves Management Plan

This Reserves Management Plan has been prepared under the provisions of the

Reserves Act 1977. Unless specifically excluded it covers all reserves vested in or under

the control and administration of the Western Bay of Plenty District Council within the

Waihi Beach Ward of Western Bay of Plenty District. Council’s strategic vision for

recreation and leisure provision throughout the Western Bay of Plenty District is

encapsulated within the ‘Recreation and Leisure Strategy’ (RAP) (reviewed in 2010).

The Waihi Beach Ward Reserve Management Plan was reviewed in the 2007/2008

financial year; the revised plan was adopted by Council in September 2007.

The Reserves Management Plan adopted by Council for the Waihi Beach Ward reserves

will provide for the consistent management of the Ward’s reserves for the benefit of

the community and the open space amenity of the area.

The Reserves Act 1977 provides for combined reserve management plans for reserves

within a geographic area, such as this plan for the reserves of the Waihi Beach Ward.

This approach has the advantage of enabling a vision for the provision of open space

Kauri Point (Katikati Ward)




and recreational facilities across the Ward and enables Council and the community to

see the provision, development and management of reserves in relation to each other.




Te Puke Reserves Management Plan




Te Puke Ward of Western Bay of Plenty District. Council’s strategic vision for recreation

and leisure provision throughout the Western Bay of Plenty District is encapsulated

within the ‘Recreation and Leisure Strategy’ (RAP) (reviewed in 2010). The Te Puke

Ward Reserve Management Plan was reviewed in 2011 with a new plan adopted in

August 2011.

The Reserves Management Plan adopted by Council for the Te Puke Ward reserves will




as this plan for the reserves of the Te Puke Ward. This approach has the advantage

of enabling a vision for the provision of open space and recreational facilities across

the Ward and enables Council and the community to see the provision, development

and management of reserves in relation to each other.

As the Te Puke and Maketu Wards have been amalgamated since the last review this

plan will be amalgamated with the Maketu Reserves Management Plan in the near

future.




Maketu Reserves Management Plan




Maketu Ward of Western Bay of Plenty District. Council’s strategic vision for recreation

and leisure provision throughout the Western Bay of Plenty District is encapsulated

within the ‘Recreation and Leisure Strategy’ (RAP) (reviewed in 2010).

The Maketu Ward Reserve Management Plan was reviewed and a new plan adopted

on September 2013.

As the Te Puke and Maketu Wards have been amalgamated since the last review this

plan will be amalgamated with the Te Puke Reserves Management Plan in the near

future.





60

A formal review including consultation should occur at five-year intervals to ensure the

Plan remains current. This review process is provided for within the Reserves Act 1977.

The Reserves Management Plan adopted by Council for the Maketu Ward reserves will




as this plan for the reserves of the Maketu Ward. This approach has the advantage of

enabling a vision for the provision of open space and recreational facilities across the

Ward and enables Council and the community to see the provision, development and

management of reserves in relation to each other.

As the Katikati and Waihi Beach Wards have been amalgamated since the last review

this plan will be amalgamated with Katikati Reserves Management Plan in the near

future.



e-mail [email protected].

Huharua Harbour Park Reserve Management Plan


Reserves Act 1977. Owned jointly by Western Bay of Plenty District Council and

Tauranga City Council, the Huharua Harbour Park has been purchased for the

enjoyment of public in the wider sub-region of Tauranga City and Western Bay of

Plenty. The Park is the second park purchased jointly by the two Councils in

accordance with the joint TCC/WBOPDC Policy on Sub-Regional Parks, for the purpose

as a passive harbourside reserve. Located within the Western Bay of Plenty District,

the Park falls under the administration of the Western Bay of Plenty District Council,

as the lead authority.

This Management Plan has been prepared under the provisions of the Reserves Act

1977.

The purpose of this Reserve Management Plan is to provide a vision for the future

development and management of Huharua Harbour Park, providing for the protection

of the important natural and cultural values of the reserve whilst promoting community

recreation.

The final Reserve Management Plan has been reviewed by both Tauranga City Council

and Western Bay of Plenty District Council and a new plan was adopted on 5 December

2012. A formal review including consultation should occur at five year intervals to

ensure the Plan remains current. This review process is provided for within the

Reserves Act 1977.









Systems for Public Access to the Local Authority and its Elected Members

How to Contact Us

Western Bay of Plenty District Council’s main office is at Barkes Corner, Tauranga. There are

also Library and Service Centres located in Katikati, Omokoroa, Te Puke, and Waihi Beach,

details as follows:

Head Office

Find us using Google Map

1484 Cameron Road, Tauranga

Barkes Corner, Greerton

Private Bag 12803, Tauranga Mail Centre

Tauranga 3143

P: (07) 571 8008 (24 hours)

Freephone: 0800 WBOPDC - 0800 926

732

E: [email protected]

Monday to Friday: 8:00am - 5:00pm

Omokoroa Library & Service Centre

Find us using Google Maps McDonnell Street, Omokoroa 3114

P: (07) 571 8008 E: [email protected]

Monday - Friday: 9:00am - 5:00pm Saturday: 9:30am - 12:00noon

You may also contact us through our website

www.westernbay.govt.nz

Contacting Elected Members

You may contact any of our elected members,

including Community Board members, by

directing correspondence and enquiries to the

Main Office or Service Centres which will be

forwarded to the member or members

concerned.

Alternatively you may contact elected members

directly and following are their contact details:

Te Puke Library & Service Centre


130 Jellicoe Street, Te Puke 3119

P: (07) 571 8008


W: www.tepuke.co.nz


Saturday: 9.00am - 12 noon

Katikati Library & Service Centre


36 Main Road, Katikati 3129

P: (07) 571 8008




Waihi Beach Library & Service Centre


Waihi Beach Community Centre

Waihi Beach Road, Waihi Beach 3611

P: (07) 571 8008


Tuesday and Friday: 8:30am - 5:00pm


http://g.co/maps/2ez3v


http://g.co/maps/6djce



http://g.co/maps/v27np


http://www.tepuke.co.nz/

http://g.co/maps/d9bux


http://g.co/maps/hn3vu


62

Elected Members Contact Details

Surname First

Names Address Email Home Phone

Mobile Phone

Mayor WEBBER Garry 14 Holyoake Terrace, Omokoroa

3114 [email protected] 07 548 2224

Councillor DALLY Grant 836 No 2 Road, RD 2, Te Puke 3182 [email protected] 07 573 8336 022 123 6850

Councillor DEAN Mark 1343 Oropi Road, RD 3, Tauranga

3173 Mark [email protected] 07 543 3021 021 949 339

Councillor LALLY Mike 89a Cameron Road, Te Puke 3119 [email protected] 07 573 6736

Councillor MACKAY Peter 71 Stewart Road, RD 4, Katikati

3181 [email protected]

07 552 0988 027 4829 451

Councillor MARSH Kevin Pencarrow, 1491 State Highway 2,

RD 6, Te Puke 3186 [email protected]

07 533 3877 027 4942 215

Councillor MARSHALL David 22 Donegal Place, Katikati 3129 [email protected] 022 185 4263

Councillor MURRAY-BENGE

Margaret No.9 Te Anau Ave, Bethlehem Country Club, Tauranga 3110

[email protected]

07 579 3459 027 221 0388

Councillor PALMER John 29 Western Avenue, RD 2, Tauranga 3172

[email protected] 07 548 1107 027 389 1567

Councillor SCRIMGEOUR John 953B Maniatutu Road, RD 6, Te Puke

3186 [email protected]

07 533 3681 027 653 3368

Councillor THWAITES Don 26 Te Puna Quarry Road, RD 7, Te

Puna 3179 [email protected] 07 552 5103 027 5525 103

Councillor WILLIAMS Mike 1 Riverlea Drive Katikati 3129 [email protected] 07 549 4425 027 281 5610

Katikati CB GIBBS Brendan 2 Carisbrooke Street, Katikati 3129 [email protected] 07 549 2773 021 214 9160

Katikati CB HOBBS Jenny 242 Lindemann Road, RD 3, Katikati 3170 [email protected]

07 549 4510 021 549 191

Katikati CB MAYO Norm 51 Malta Crescent, Katikati 3129 [email protected] 07 549 0326

Katikati CB WARREN Ben 263 Lockington Road, RD 4, Katikati 3181 [email protected]

027 232 0099

Maketu CB BEECH Shane Town Point Road, Maketu [email protected] 07 533 2165 027 539 2930



mailto:Mark%[email protected]














Maketu CB CANTLON Gus

(Gary)

64 Conway Road, RD 9, Paengaroa


Maketu CB CLARK Rachel PO Box 111, Te Puke 3153 [email protected] 07 357 5577 021 507 738

Maketu CB McFADYEN Wendy 33 Ngaparaoa Drive, RD 9, Te Puke

3189 [email protected] 07 533 2169 021 140 9917

Omokoroa CB

GRAINGER Murray 1 Bert Wall Drive, Omokoroa 3114 [email protected]

07 548 1409 027 936 7994

Omokoroa

CB PRESLAND Peter

29 Holyoake Terrace, Omokoroa

3114 [email protected] 07 548 1240 027 703 4702

Omokoroa

CB SAGE Derek

60 Western Avenue, RD2, Omokoroa


Omokoroa CB

SAGE Teresa 60 Western Avenue, RD 2, Omokoroa 3172 [email protected]

07 548 2103 021 166 1148

Te Puke

CB BUTTON Bev 28 Station Road, Te Puke 3119

[email protected] 07 573 5715

Te Puke

CB DUGMORE Joan 5 No 2 Road, RD 2, Te Puke 3182

[email protected] 07 573 8655 027 305 7735

Te Puke CB

MILLER Peter 246 Te Matai Road, RD 8, Te Puke 3188 [email protected]

07 573 9433 027 573 9433

Te Puke

CB SPRATT Ronald 1/16 Edgeholl Place, Te Puke 3119

[email protected] 07 573 9808 027 4203542

Waihi

Beach CB HEPENSTALL Brian 17 Hereford Place, Waihi Beach 3611

[email protected] 07 863 4622

Waihi Beach CB

PARSONS Ruth 30 The Crescent, Waihi Beach 3611 [email protected]

07 863 1290 021 1447 209

Waihi

Beach CB ROBERTS Marilyn 62 The Crescent, Waihi Beach 3611

[email protected] 07 863 4326 027 383 6417

Waihi

Beach CB SOLE Allan

21 Waione Avenue, Athenree RD 1,

Katikati 3177 [email protected]

07 863 5124 027 4977 250




64

Formal Complaints

If you have any complaints about the way your issues have been managed by Council officers

and wish to lodge a formal complaint, this should be addressed in the first instance to the

Chief Executive Officer, Miriam Taris. Her contact details are phone 07-571-8008, or by post

at Western Bay of Plenty District Council, Private Bag 12803, Tauranga, or by email:

[email protected]. Miriam Taris’s office is located in the Barkes Corner Main

Office.

Processes for Requests for Official Information

Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) any person

may request information from the council.

Requests can be made verbally including by telephone call, or by writing or emailing the local

authority concerned. The request must be reasonably specific and it is therefore

recommended that a written request be made to avoid any confusion or argument as to what

was requested. No reason for the request has to be given unless the information is wanted

urgently. Information must be made available within twenty working days but the local

authority can extend this deadline if there is good reason. If the requester considers a delay

unreasonable, a complaint can be made to the Ombudsman's Office.

Any request for information is a request made under LGOIMA. You do not have to say you are

making a request under LGOIMA. Once a request is made the council must supply the

information unless reason exists for withholding it. The LGOIMA says that information may be

withheld if release of the information would:

endanger the safety of any person

prejudice maintenance of the law

compromise the privacy of any person

reveal confidential or commercially sensitive information

cause offence to tikanga Maori or would disclose the location of waahi tapu

prejudice public health or safety

compromise legal professional privilege

disadvantage the local authority while carrying out negotiations or commercial

activities

allow information to be used for improper gain or advantage

Every local authority has a duty to assist people in making requests for information. If they

do not have the information but believe another local authority, organisation, or Government

Department might, they must pass on the request to that organisation, within ten days of

receiving the request.

Legislation therefore permits a local authority to consider various courses of action when

handling a request for information:

Supply the information requested.

Transfer the request to another authority or agency should the information requested

belong to that other agency or authority.



Refuse to supply the information pursuant to reasons specified within the Act.

Not able to locate the information or collate it without unreasonable cost.

The Council must answer requests within 20 working days (although there are certain

circumstances where this time-frame may be extended). The Council may charge for official

information under guidelines set down by the Ministry of Justice.

In the first instance you should address requests for official information to the Chief Executive

Officer, Western Bay of Plenty District Council.

Costs

There is provision in the Act for charging for the time involved in extracting information but

the charge must be reasonable. Requests relating to personal information are not charged

for. Photocopying costs can also be charged.

Western Bay of Plenty District Council will consider each request on its merits and determine

whether the time involved in extracting the information warrants charging. In any case,

Council’s policy is that it will not charge for the first hour of time involved. After that, a charge

of $76 per hour may be made plus photocopying costs. If costs are to be recovered, the usual

practice is that these will be estimated in advance and requesters will be invoiced and payment

required before the research and extraction work is carried out. Council cannot charge for

any time involved in assessing the request. Should the Council incur extra cost by requiring

work from external consultants or contractors the actual charges from these agencies for the

work will also be recovered through on-charging.

The Ombudsman may investigate the costs charged for any information supplied if the

requester lodges a complaint.

Refusal of Requests for Information

Information must be made available unless there is a good reason, as set out in the Act, for

not releasing it. Reasons for any refusal must be given. The Ombudsman has the right to

investigate and review decisions made about the release of official information on complaint.

There is a public duty on a local authority to observe any recommendation made by the

Ombudsman unless the local authority chooses to do otherwise by resolution within 20

working days after the recommendation was made.

In such case, the requester may ask the High Court to examine the decision not to follow the

Ombudsman's recommendation. The local authority would generally meet all legal costs

associated with such review.

Personal Information

Individuals have the right to ask for any information about themselves without charge.

The right of access to personal information is governed by the Privacy Act 1993 and there are

fewer reasons for withholding personal information.

66

The local authority can be asked to correct information that is inaccurate or incomplete or

misleading. If the local authority believes that its information is accurate, it must nevertheless

note on its file an objection has been made and the reasons for it.

Procedures

Council appoints a Privacy Officer as required under the Privacy Act who deals with requests

for personal information and issues concerning personal information generally. This staff

member also ensures that official information requests are responded to within legislative

timeframes and in accordance with any Council policy and process guidelines.

Please contact Council’s Privacy Officer if you want to talk about privacy or official information

issues on 07 571 8008.


Appendix 1

Attending a Council Meeting

So you’ve been invited to say something at a Council meeting but you’re not sure what

happens next.

Here are a few simple guidelines to help you.

The thing to keep in mind is that you are welcome. We don’t want you to feel uncomfortable

or intimidated. You have been invited to speak because your comments are valued.

Council and Committee meetings do have some rules. These are designed to keep things in

order and moving along smoothly. They are not intended to put barriers up between you

and your Council. The Chairperson will ensure that your time before the Council/Committee

has minimum formality and maximum comfort so that we all get the best out of the time

available.

So, if you follow these few simple guidelines, we can make your time at the meeting a pleasant

and relaxed experience.

1. You will be given a time to attend the meeting. If you need any equipment (data

show, laptop etc) or have any special needs, please let us know at least two to three

days in advance. Then we can make sure this is available for your convenience.

2. Report to reception on arrival at the Council offices. Make sure you are on time for

your appointed speaking time. If you are held up, or have some problem that means

you can’t make it on time, please contact the Council, phone 07 571 8008.

3. At reception, you will be given a visitor ID tag and shown to the Council

Chamber/meeting room.

4. Please enter the room and take a seat in the public seating area set aside.

5. If you arrive before the start time for the meeting, staff will identify you and let the

Chairperson know that you are here.

6. If you arrive during the meeting, your arrival will be noted and you will be asked to

identify yourself at the first available opportunity. Don’t be shy about entering the

meeting room and taking a seat.

7. Remember that timeslots given are generally only guidelines. You may have to wait a

short time before you make your presentation to allow other business to be completed.

8. When your time comes, the Chairperson will invite you to make your presentation.

You will have best impact if you make your points clearly and simply. Keep your

presentation within the time you are given. Stay calm and relaxed. If necessary, the

Chairperson will guide you through any special meeting protocols.

9. Any written submission or other material previously lodged with Council will have

already been circulated to Councillors. Avoid too much repetition but concentrate on

68

your main points. If you have further written material or a presentation to make the

Councillors will usually ask for a copy for their future reference. If you are able to

bring additional copies with you this will be appreciated. If not staff will probably

approach you at the end of your presentation and ask to copy your material. This is

important for public record purposes and can also assist your presentation as the

Councillors can refer back to your personal statements.

10. You may be asked questions at the conclusion of your presentation. Answer these as

best you can. Don’t enter into argument or debate with individual Councillors.

11. The Chairperson will advise when you may return to the public gallery. There may be

debate on your presentation there and then or it may be delayed until it comes up in

the meeting agenda. You are generally entitled to remain, as all meetings are open

unless there is some very special reason to exclude the public. The Chairperson will

guide you on this.

12. Just remember that when the debate starts you are not entitled to speak unless the

Chairperson invites you to make a point of clarification.

13. At this stage, you may leave the meeting at any time you wish.

14. If a decision is made at the meeting while you are present, don’t take this as authority

to go ahead. There are procedures that must be followed and you should not take

action on anything until you have a written authority from Council. Talk to staff you

have been dealing with if you are unsure. Better to be safe than sorry.

Please call and discuss your situation with the Democracy Management Advisor, Fleur

Sweeney (07 571 8008) if there is anything you are unsure about before you come along to

the meeting. Our aim is to give you the best possible opportunity to make the best possible

presentation.


Appendix 2

Public Forums

Public forums are a defined period of time, usually at the start of a meeting, which, at the

discretion of a meeting, is put aside for the purpose of public input. Public forums are designed

to enable members of the public to bring matters to the attention of the local authority.

In the case of a committee, subcommittee, local or community board, any issue, idea or matter

raised in a public forum must also fall within the terms of reference of that meeting.

If you want to talk in public forum contact the Democracy staff who will guide you as to the

best meeting for you to attend. Council is not able to make a decision on your presentation

but may refer your issue to staff for further report.

Time limits A period of up to 30 minutes, or such longer time as the meeting may determine, will be

available for the public forum at each scheduled local authority meeting. Requests must be

made to the meeting secretary at least one clear day before the meeting; however this

requirement may be waived by the Chairperson.

Speakers can speak for up to 3 minutes. No more than two speakers can speak on behalf of

an organisation during a public forum. Where the number of speakers presenting in the public

forum exceeds 6 in total, the Chairperson has discretion to restrict the speaking time permitted

for all presenters.

Restrictions The Chairperson has the discretion to decline to hear a speaker or to terminate a presentation

at any time where:

a speaker is repeating views presented by an earlier speaker at the same public forum;

the speaker is criticising elected members and/or staff; the speaker is being repetitious, disrespectful or offensive; the speaker has previously spoken on the same issue; the matter is subject to legal proceedings; the matter is subject to a hearing, including the hearing of submissions where the

local authority or committee sits in a quasi-judicial capacity.

Questions at public forums At the conclusion of the presentation, with the permission of the Chairperson, elected

members may ask questions of speakers. Questions are to be confined to obtaining

information or clarification on matters raised by a speaker.

No resolutions Following the public forum no debate or decisions will be made at the meeting on issues raised

during the forum unless related to items already on the agenda.

Recording and Responding to Public Forum Matters

Brief notes may be kept of matters raised in public forum. Matters for action will be referred

through the service request system, while those requiring further investigation may be

referred to the Chief Executive Officer for further report. If no resolution referring a request

70

for further report is made no further action will be taken on those matters which are not

service requests.