Tauranga_District

Tauranga City Council

Tauranga City Council

Territorial authority of New Zealand


Tauranga City Council is the local government authority for Tauranga City in New Zealand. It is a territorial authority elected to represent the 158,000 people of Tauranga. The last Mayor of Tauranga was Tenby Powell, who resigned in November 2020.[3] The council consists of 11 members elected from three wards (2 councillors each) and at-large (4 councillors), and is presided over by the Mayor, who is elected at large. Marty Grenfell is currently the CEO of Tauranga City Council.[4]

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History

The historic predecessor was Tauranga Borough Council, which existed from 1888 to 1963. Tauranga City Council was then formed and existed from 1963 until the 1989 local government reforms. Post-amalgamation with other authorities in 1989 (e.g. Mount Maunganui Borough Council), Tauranga District Council existed until 2003 when it again became Tauranga City Council.[5]

Crown commission

On 20 November 2020, Mayor of Tauranga Tenby Powell resigned following infighting between himself and city councillors. The resignation came eight months after the mayor was unanimously censured by his council for an angry outburst.[3][6][7] Following further mayoral "outbursts," [8][9] Powell publicly called for the Minister of Local Government to appoint a commission to replace the "dysfunctional" council.

On 18 December 2020, Minister of Local Government Nanaia Mahuta confirmed that the government would be appointing commissioners to administrate Tauranga in response to infighting within the city council. The commissioners' terms began in early 2021 and were scheduled to last until the next local elections scheduled for October 2022.[10] The decision to cancel the election for a new mayor and councillors, and the appointment of a crown commission instead by Nanaia Mahuta was not without controversy. A review by law firm Russell McVeagh found the minister's decision may have been "unlawful" because she failed to adequately consider lesser alternatives, such as the appointment of a crown manager.[11] Then Tauranga MP, Simon Bridges, called the decision "dramatic and draconian"[12] while saying that Powell quitting removed "a significant source of friction" and it was reasonable to assume the council would become more functional with the election of a new mayor and councillor.[12]

Commission reappointment controversy

Contrary to Minister Mahuta's assurance that local democracy would be restored at the next local elections in October 2022, she later decided that the Tauranga City Council would continue to be administered by four commissioners until July 2024.[13] In her announcement she cited "substantial infrastructure challenges" in Tauranga and the surrounding Bay of Plenty region.[13] However, a legal opinion by Linda Clark from Dentons Kensington Swan argued that relying on infrastructure challenges as a reason to postpone elections "sets the bar very low and would apply to a wide range of local authorities on an indefinite basis."[14]

On 22 April 2022, Mahuta confirmed that the commission's chairwoman, Anne Tolley, and fellow commissioners Bill Wasley, Stephen Selwood, and Shadrach Rolleston had been reappointed as commissioners with elections postponed until July 2024.[15][16]

While Tauranga City Council chief executive Marty Grenfell and Bay of Plenty Regional Council chairman Doug Leeder welcomed the reappointments on the ground that they ensured continuity, Tauranga Ratepayers' Alliance spokesman Michael O'Neill and former Tauranga mayor Greg Brownless criticised the extension of the commissioners' terms and called for a return of local democracy.[15] Local Government New Zealand president and Bay of Plenty regional councillor Stuart Crosby labelled the extension of the commission's appointment "disgusting"[17] while then Tauranga MP, Simon Bridges, cited “power, convenience and control” as the reasons behind Mahuta's decision, and questioned a lack of achievement since the four-person commission was put in place by Labour in February 2021.[18] Victoria University of Wellington public law expert, Dean Knight, said democracy had taken a hit and "should have been restored forthwith."[19]

The Dentons advice[20][14] argued that Mahuta's decision was both unlawful and unreasonable; not meeting the statutory test for crown intervention under the Local Government Act 2002. They outlined several reasons why the suspension of democracy for a second time were challengeable:

  • The Minister failed to take proper account of the purpose of the Local Government Act
  • The Minister failed to identify problems that were unique to Tauranga that warranted the reappointment of a commission
  • The Minister failed to undertake a proper risk assessment, and the one provided to her by the commissioners was "highly speculative"
  • The Minister failed to provide sufficient evidence or provide reasonable grounds to reappoint the commission
  • The Minister failed to have regard to the mandatory relevant considerations in Part 10 of the Local Government Act.

Public criticism of the commission

The commission's appointment was met with a protest.[21] It faced criticism over its handling of CBD projects [22][23] and a three-year series of roadworks on Cameron Road that forced businesses to permanently close.[24][25][26] The chair of the commission admitted that the council "didn’t get it right” and the council and community have since been left “scarred” by failings in the Cameron Rd works.[27] The chair of the commission was awarded the 2021 Local Government Waste Award by the Taxpayers' Union as "under her watch the city has seen record rate hikes, council salary bloat, and infrastructure botch-ups."[28]

The commission faced criticism of its financial stewardship of the city with "spiralling debt", "underfunding transport infrastructure" and raising rates to "the highest of any NZ city."[29] The commission was accused by ratepayer organisations of putting non-essential infrastructure such as a library, museum, performing arts centre and swimming complex ahead of essential transport infrastructure.[30] The council's own residents' survey conducted between November and December 2023 found just 16% of residents were satisfied with Council's financial management under the commissioners.[31]

A Curia poll in April 2023 showed that 67% of Tauranga residents wanted the commissioners dismissed and a local election to be held at the same time as the 2023 New Zealand general election with only 26% wanting them to remain.[32][33] Council's aforementioned residents' survey also showed just 26% of residents were happy with the council under commissioners; down from 66% in 2019. Only 22% of the residents surveyed were satisfied with the council's leadership and just 21% found the council trustworthy.[31][34]

Commission's attempt to remain in power

In December 2023, the commission wrote to the new Minister of Local Government, Simeon Brown and asked for a law change so that they could remain until at least 2025 and possibly 2028 with the commission chair acting as in the place of mayor until 2025. The request was only revealed in public in April 2024 after an official information request. The Minister rejected their request to remain and said that Tauranga would return to full democracy in July 2024.[35] Locally based ACT MP, Cameron Luxton criticised the attempt, saying "It's a lesson in the fragility of democracy -- give someone an inch of power without accountability, and they'll try to take a mile."[36]

Elections

The council is normally elected every three years, using the single transferable vote voting system.[37] The vote is conducted by postal ballot. The 2007 election, which closed on 13 October 2007, had a turnout of 40%. Turnouts have since been 38.07% 2010, 37.78% 2013, 43.64% 2016, 40.28% 2019.[38]

Tauranga City Council formerly used the first-past-the-post (FPP) voting system until 2019.

For electoral purposes, Tauranga is divided into three wards and an at-large category. The three metropolitan wards each elect two Councillors each, and the at-large category elects four Councillors.

Party politics are much less influential in elections to the Council than is the case for the House of Representatives. In 2007, the Mayor and a majority of Councillors were elected as independent candidates.

No election was held for the Tauranga City Council during the 2022 local elections, due to the council having been replaced with a commission. The next elections for the city council are instead scheduled for July 2024.[39]

Council

Under most circumstances, the council is presided over by the Mayor. At its first meeting after a local election, the council elects from among its members a deputy mayor, who acts as mayor in the absence and with the consent, or in the incapacity, of the Mayor. The Deputy Mayor also presides at meetings if the Mayor is not present. The Deputy Mayor serves until losing his set on the council, unless removed from office by a vote of the council.

Councillors also serve on a number of committees. As of 2022, there are four standing and special committees, seven joint committees, two advisory groups and two hearings panels.[40] The council can delegate certain powers to these committees, or alternatively they can consider matters in more detail and make recommendations to the full council.

As of the 2019 local elections, the members of the council were:[41]

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Since retired.[1]

The crown commissioners appointed to replace the mayor and councillors on 9 February 2021 are:[42]

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Organisation

The day-to-day administration of the City of Tauranga is carried out by the Tauranga City Council staff. Indeed, in everyday usage, the term the council is extended to include not just the Mayor and Councillors, but the entire organisation.

The professional head of the city council organisation is the Chief Executive Marty Grenfell,[43] who is appointed by the Council under contract for up to five years. The Chief Executive is assisted by six General Managers, who have a specific portfolio:

  • GM Corporate Services – Paul Davidson
  • GM People and Engagement – Susan Jamieson
  • GM Strategy and Growth – Christine Jones
  • GM Infrastructure – Nic Johansson
  • GM Community Services – Gareth Wallis
  • GM Regulatory and Compliance – Barbara Dempsey

General Managers are supported by three director's and a larger group of senior managers. The director's being:

  • Director of Transport – TBA
  • Director of Waters – Stephen Burton
  • Direct of Digital – Alan Lightbourne

The council organisation is about 750 people delivering services across 40 businesses.

The organisation is focused on addressing three critical challenges within the city:

  • Housing affordability
  • Predictable travel times
  • City Resilience

Responsibilities and services

The council is vested with a power of "general competence" for the social, economic and cultural well-being of Tauranga. In particular, the council has responsibility for a range of local services, including roads (except state highways), water, sewerage, glass recycling, parks and reserves, and libraries. Urban development is managed through the maintenance of a District plan and associated zoning regulations, together with building and resource consents. The council has been given extra powers to regulate certain types of business operations, notably suppliers of alcohol and brothels.

Council business units include:

  • Animal control
  • Environmental monitoring
  • Emergency management
  • Waste water
  • Storm water
  • Drinking water
  • Library
  • Building services
  • Airport
  • Marine precinct
  • Cemetery
  • Rating
  • Land surveying
  • Transport
  • Digital Services
  • Democratic Services
  • HR
  • Legal
  • Community relations
  • Events management

References

  1. "Mayor and councillors". www.tauranga.govt.nz. Tauranga City Council. Retrieved 2 November 2022.
  2. "Voting". www.tauranga.govt.nz. Tauranga City Council. Retrieved 2 November 2022.
  3. "Tauranga mayor Tenby Powell resigns". Radio New Zealand. 20 November 2020. Archived from the original on 8 April 2022. Retrieved 17 April 2021.
  4. "Home – Tauranga City Council". Tauranga City Council. Retrieved 17 April 2021.
  5. "Tauranga City Council Minute Book History". Tauranga City Libraries. Archived from the original on 13 February 2018. Retrieved 1 July 2019.
  6. Gillespie, Kiri (24 March 2020). ""Tauranga mayor Tenby Powell told to apologise over code of conduct breach"". Bay of Plenty Times. Retrieved 1 January 2024.
  7. Evans, Alisha (24 March 2020). ""Mayor to apologise for "bullying comments""". Sunlive. Retrieved 1 January 2024.
  8. ""Tauranga mayor Tenby Powell in informal meeting"". Bay of Plenty Times. 14 August 2020. Retrieved 1 January 2024.
  9. Shand, Matt (3 August 2020). ""Tauranga mayor's profanity-laced flip-flop over quitting"". Stuff.co.nz. Retrieved 1 January 2024.
  10. "Nanaia Mahuta confirms commission appointment to Tauranga City Council". Radio New Zealand. 18 December 2020. Archived from the original on 31 December 2020. Retrieved 7 January 2021.
  11. Motion, Samantha (25 November 2020). ""Simon Bridges urges Local Government Minister Nanaia Mahuta not to intervene in Tauranga City Council"". Bay of Plenty Times. Retrieved 1 January 2024.
  12. "Tauranga city commissioners retained until July 2024, minister says". Radio New Zealand. 12 March 2022. Archived from the original on 14 May 2022. Retrieved 19 June 2022.
  13. Wilson, Megan (22 April 2022). "Commissioners reappointed to Tauranga City Council". The New Zealand Herald. Archived from the original on 5 May 2022. Retrieved 19 June 2022.
  14. "Independent commissioners' term to run Tauranga council extended". Radio New Zealand. 22 April 2022. Archived from the original on 16 May 2022. Retrieved 19 June 2022.
  15. ""WATCH: Three Waters: NZ's hot topic"". Sunlive. Retrieved 1 January 2024.
  16. Sheridan, Dan (11 March 2022). ""Tauranga council: Another 2.5 years of commissioners 'plain wrong' – Bridges"". Stuff.co.nz. Retrieved 1 January 2024.
  17. Gillespie, Kiri (11 March 2022). ""Nanaia Mahuta extends Tauranga commission to 2024, city opinion on move split"". Bay of Plenty Times. Retrieved 1 January 2024.
  18. Wilson, Meagan (26 July 2021). ""Tauranga Ratepayers' Alliance protest starts walk to council"". Bay of Plenty Times. Retrieved 1 January 2024.
  19. Quill, Annemarie (11 November 2023). "NZ's 'abandoned city' hammered by 'wrecking ball' leaders". Stuff.co.nz. Retrieved 1 January 2024.
  20. Evans, Alisha (27 March 2023). ""Tauranga CBD 'dead,' Downtown Tauranga tells city council"". Bay of Plenty Times. Retrieved 1 January 2024.
  21. Gillespie, Kiri (22 July 2023). ""Cameron Rd business moves after three decades because of Tauranga City Council roadworks"". Bay of Plenty Times. Retrieved 1 January 2024.
  22. Conchie, Sandra (4 November 2023). ""Cameron Rd upgrade: Tauranga MP Sam Uffindell, businesses criticise council management of $92m project"". Bay of Plenty Times. Retrieved 1 January 2024.
  23. Hunter, Zoe (29 August 2023). ""Tauranga cafe owner says Cameron Rd roadworks felt like 'jail', as others worry about Christmas disruption"". Bay of Plenty Times. Retrieved 1 January 2024.
  24. Gillespie, Kiri (29 November 2023). ""Tauranga City Council Cameron Rd review: Commissioner Anne Tolley admits 'we didn't get it right'"". Bay of Plenty Times. Retrieved 1 January 2024.
  25. "Government Waste Honoured At 2021 Jonesie Awards". Taxpayers' Union. 4 November 2021. Retrieved 20 April 2024.
  26. Gillespie, Kiri (3 April 2024). "Tauranga groups call for Simeon Brown to limit commission to 'caretaker' role". Bay of Plenty Times. Retrieved 7 April 2024.
  27. "Tauranga City Council Strategy, Finance and Risk Committee agenda: 25 March 2024" (PDF). Tauranga City Council. pp. 131–137. Retrieved 2 April 2024.
  28. Gillespie, Kiri (6 May 2023). ""Tauranga City: Poll shows people want an early council election"". Bay of Plenty Times. Retrieved 1 January 2024.
  29. Evans, Alisha (23 January 2023). ""Tauranga residents' satisfaction with council low, survey finds"". Bay of Plenty Times. Retrieved 5 January 2024.
  30. Quill, Annemarie (18 April 2024). "Unelected commissioners recommend they stay in power in Tauranga". Stuff.co.nz. Retrieved 20 April 2024.
  31. Luxton, Cameron (18 April 2024). "Outrageous". Cameron Luxton MP - Facebook. Retrieved 20 April 2024.
  32. "Returns". www.electionz.com. Retrieved 6 August 2020.
  33. "Elections". www.tauranga.govt.nz. Tauranga City Council. Retrieved 27 October 2022.
  34. "Governance Structure 2022" (PDF). www.tauranga.govt.nz. Tauranga City Council. Retrieved 2 November 2022.
  35. "2019 Triennial Elections | DECLARATION OF RESULT" (PDF). www.tauranga.govt.nz. Tauranga City Council. Retrieved 2 November 2022.
  36. "Commissioners". Tauranga City Council. Retrieved 12 November 2023.
  37. Motion, Samantha (3 September 2018). "Marty Grenfell takes up Tauranga City Council's top job" via www.nzherald.co.nz.

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