2 February 2024
Media: Local Democracy Reporter
Topic: Ngati Whakaue Gifted Reserves Protocol Committee
Enquiry
I have been sent various emailed communications including between Justin Adams, Terry Hammond (Lakeland Queen owner), councillor Robert, mayor Tapsell, interim CE Gina Rangi regarding the gifted reserves protocol committee, the Lakeland and such.
I am also aware of the ombudsman complaint Adams made about the protocol committee and Lee's regarding the petition not being accepted for the council meeting.
I have the below for response and a few questions, please.
Councillor Robert Lee has called the protocol committee meetings secret and undemocratic, including how the council letter to Terry Hammond telling him to move the Lakeland was prompted by a discussion at the November protocol committee.
He called this process a “slap in the face of democracy”, and that council staff were acting at the behest of unelected members.
He also criticised the “secret” nature of the meetings.
Justin Adams, who received the LGOIMA'd agenda, lodged a complaint with the ombudsman about the protocol committee.
He believed it was not fulfilling requirements on public notification of meetings, public availability of agendas and reports, public access to meetings and public access to minutes of meetings.
Lee’s complaint to the ombudsman was about the petition Hammond tried to bring to the council table that was denied for not being in the scope of council - something he disputed given the recent lakefront redevelopment.
At the infrastructure and environment committee meeting last December interim chief executive Gina Rangi said there were other ways the public can engage with councillors than by petition, which included by arranging a meeting.
Hammond was offered one in January but declined
“Having given this a great deal of thought, I will decline the offer because Gina Rangi ruled the subject matter was not in the scope of the council, so I am confused.
“Secondly, in the interest of transparency, I would prefer the meeting to be in the public domain, not behind closed doors,” he sent to elected members in an email.
Lee attempted to raise his concerns over the protocol committee in a notice of motion for last Wednesday’s council meeting.
the notice of motion states he asked for the protocol committee to be disestablished and for elected members to review and reconsider any decision that had been made at them, and said it offered an opportunity to “correct improper decision-making arrangements”.
Rangi’s email explaining the refusal said the meeting chair, mayor Tania Tapsell, was able to direct the chief executive to refuse a notice of motion for specific reasons.
She said it did not provide enough information to satisfy the decision-making provisions of the Local Government Act. The sections she referred to included requirements for consultation, including input from Māori. She also said it did not meet the requirements of its Significance and Engagement Policy.
Not addressing these when making decisions would open the council up to judicial review, she told him.
Can I please ask:
When was the protocol committee set up and what was its purpose? (terms of reference?)
Can it please be explained how a group of unelected people have ability to direct staff and make decisions?
What influence does this have on democracy? If there is no influence, please explain.
If the group does not, in your view, have ability to direct staff and make decisions, can you please explain how the decisions regarding the Lakeland Queen were made and by which process?
Why are agendas and minutes not uploaded to the website like other meetings?
Has the council been contacted by the ombudsman about either of the complaints?
What requirements does the council need to meet in regards to agreements relating to gifted reserves?
Response
From Executive Manager Corporate Planning and Governance, Oonagh Hopkins:
When was the protocol committee set up and what was its purpose? (terms of reference?)
The Gifted Reserves Protocol was negotiated over two years between Council and Ngati Whakaue (represented by the Pukeroa Ōruawhata Trust). It was approved by Council in 1996 for the ongoing management of the Ngāti Whakaue gifted lands, which includes: the Lakefront Reserve, Government Gardens, Sanatorium Reserve, Kuirau Park, Arawa Park, Cemetery Reserve, Town Belt, Municipal Reserve, Pukeroa Reserve, Medical Officers Reserve and Froude Street Reserve.
The protocol says that “it is desirable that there be casual or other regular meetings (at least six monthly) between representatives of the parties…to discuss or report upon the said reserves and any future planning for the same”.
The Gifted Reserves Protocol Committee is how the ‘casual or regular meetings’ occur.
Can it please be explained how a group of unelected people have ability to direct staff and make decisions?
The protocol committee has no delegated decision-making power and does not have the ability to direct staff.
What influence does this have on democracy? If there is no influence, please explain.
See above
If the group does not, in your view, have ability to direct staff and make decisions, can you please explain how the decisions regarding the Lakeland Queen were made and by which process?
In September 2021, RLC gave the Lakeland Queen permission to dry dock until August 2022. It was made clear at the time that the boat was not to be there on an indefinite basis. Council waived the usual rental fee.
By mid-2023 Council staff expressed concern to the owner about the Lakeland Queen continuing to be stored on the reserve. At the July 2023 meeting [of the Protocol Committee], Council staff noted the Lakeland Queen in a report to the Gifted Reserves Protocol Committee. The committee expressed concern at the extended slippage of the Lakeland Queen on the reserve and the risk that the vessel might not be removed and supported Council discussing this with the owner.
After the meeting, RLC staff contacted Mr Hammond to tell him that staying on the reserve was untenable and a plan was needed for its removal.
Staff again reported to the Gifted Reserves Protocol Committee on 2 November 2023. At the November meeting, the committee formally requested that the Lakeland Queen operator be given a six-month timeframe to remove the vessel. Staff considered that this was appropriate. A letter was sent to Mr Hammond in January 2024 and staff also contacted him to let him know there was a timeframe to remove the vessel.
Why are agendas and minutes not uploaded to the website like other meetings?
The Local Government and Official Information Act defines a meeting of a local authority. Meetings with iwi partners are not “meetings of a local authority” for the purposes of the Act.
However, the meetings are not secret. A summary of each meeting is included in our regular progress reports to Council (these are presented to Council’s monthly meeting).
Has the council been contacted by the ombudsman about either of the complaints?
No
What requirements does the council need to meet in regards to agreements relating to gifted reserves?
There are 3 main commitments in the Protocol Agreement:
In addition, the Local Government Act 2002 requires all Councils to have processes in place for engaging with Maori, and it requires Councils to take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga when making significant decisions.
Additional note: Mr Hammond’s petition was declined because it asked Council to take actions that it could not take. Specifically, Council cannot “make urgent provision” for the Lakeland Queen to operate at the Lakefront. That is because the Council does not own a jetty that is physically capable of berthing a vessel of the size and weight of the Lakeland Queen. The Lakeland Queen has its own jetty and it is a private commercial matter for the business to maintain that jetty in good order.
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Media: Rotorua Daily Post
Topic: BMX World Champs
Enquiry
As you may know the UCI BMX World Champs, an Olympic qualifier event, will be taking place in Rotorua on February 10-11.
I'm working on a preview of the event as 200 athletes from 27 countries are expected to attend, as well as upwards of 1000 spectators each day.
I was hoping the Mayor would have time to send through a couple of lines of comment about this as a welcome to the athletes and spectators?
Response
From Rotorua Mayor, Tania Tapsell –
“We’re stoked to welcome some of the world’s best BMX riders and their support teams to Rotorua ahead of the 2024 Olympic Games.
“Rotorua is a top tourism destination so we welcome and encourage anyone visiting for the UCI BMX World Champs to experience our stunning lakes, forests, rich Māori culture, and unique geothermal features.
“Our local cycling community is very passionate and there’s lots of excitement to host this international event in the world-class facility that we’ve collectively built here.”
