Agenda of Policy and Regulatory

9 27 February 2017

Policy and Regulatory

25 November 2016

File: (16/1338)

Report no: PRC2017/1/58

Local Alcohol Policy: Proposed amendment

Purpose of Report

1. To report back to Council on a proposed draft amendment to the Hutt City Local Alcohol Policy and ask Council to consider consulting on the draft amendment using the special consultative procedure.

Recommendations

It is recommended that the Committee recommends that Council:

i) notes the evidence presented in the attached papers from the Medical Officer of Health and Police;

ii) notes that Council Licensing Inspectors have also been consulted as required by section 78(4) of the Sale and Supply of Alcohol Act 2012 (the Act);

iii) notes the other evidence presented to the Council as part of the process to produce a draft amendment to the Local Alcohol Policy (LAP);

iv) has regard to the mandatory criteria contained in section 78(2) of the Act;

v) based on the information provided and the consideration of the mandatory criteria, agrees to produce a draft LAP amendment that adds the following words to clause 1.2 of the LAP:

a. the maximum number of off-licences permitted in the following areas:

Naenae;

Stokes Valley;

Taita;

Avalon;

Hutt Central; and

Wainuiomata

b. shall be the number of off-licenses in the area, at the time this policy is adopted, and

c. the areas are outlined on the map attached to this policy;

vi) notes that, during consultation, Council Licensing Inspectors raised two types of on-license that are not dealt with by the current LAP;

vii) agrees to produce a draft LAP amendment that adds the following words to clause 1.1 of the LAP:

a. add the words “Function Centres” to both sections dealing with Taverns/Hotels/Nightclubs.

b. add the words:

Cinemas:

7.00am- 3.00am the following day, Monday to Sunday.

Licensed on the condition that their on-licenses are linked to the business activity of a cinema.

viii) appoint a subcommittee of two councilors and one independent expert to hear submissions, conduct the process required under the Act and make recommendations to Council on the production of a provisional LAP;

ix) directs officers to instruct a suitable independent expert to Chair the subcommittee;

x) appoints Councilor Milne and Councilor Edwards to the subcommittee; and

vi) asks that the subcommittee also consider, if it believes it can lawfully do so, whether there is any evidence to support caps on the number of off-licences:

a. only applying to stand-alone bottle stores; or

b. excluding supermarkets; and/or

c. excluding premises operating as a brewery offering complimentary samples; and/or

d. excluding boutique shops selling only craft beer and imported wine.

Background

2. Council passed the following resolution at its meeting on 24 May 2016:

“…Council:

(i) notes the Alcohol Regulatory and Licensing Authority has advised that it has not received any objections to the proposed changes to the Hutt City Council Provisional Local Alcohol Policy;

(ii) resolves that the effective date of the Local Alcohol Policy (LAP) be 1 September 2016, to allow a three month period from when public notice of the adopted LAP is given;

(iii) acknowledges the significant public feedback on the LAP, especially the concern around the number of off-licences around the City;

(iv) on the basis of that feedback, directs officers to prepare and consult on an amendment to the LAP, using the process in the Sale and Supply of Alcohol Act 2012;

(v) resolves that the proposed amendment is the introduction of an element to the LAP, considering the tools outlined in Section 77 (2) (a), (b), (c) and (d) of the Sale and Supply of Alcohol Act 2012;

(vi) resolves that the formal amendment process begin around the City as soon as practicable after the LAP becomes effective;

(vii) notes that the amendment process will involve consultation with the public and further reporting and decisions to be made by Council, in light of the findings and evidence; and

(viii) authorises Council’s Solicitor to obtain legal advice to confirm its decision is not ultra vires and, if necessary, refer the matter to its meeting to be held on 2 June 2016.”

3. Attached to the report as Appendix 1 is the Hutt City Local Alcohol Policy.

4. The decision by Council to propose an amendment to the LAP was based on public feedback including submissions made by members of the public and Trevor Mallard MP, who attended the Council meeting in May 2016. Concerns were raised about the lack of caps on the number of off-licences in certain areas of the city. Speaking under public comment, Mr Chiyah Oti-Lahood asked Council to consider limiting the number of alcohol premises in the City. He said he would like Wainuiomata to be classified as a high risk area. He presented a petition asking for a reduction in the number of alcohol premises in Wainuiomata.

5. Council was advised that a change to introduce a cap or sinking lid policy would constitute an amendment to the Local Alcohol Policy.

Discussion

6. Section 78 of the Act outlines the matters the Council must have regard to, when producing a draft LAP. Council must have regard to the same matters when producing a draft amendment to the LAP. These matters are:

(a) the objectives and policies of its district plan; and

(b) the number of licences of each kind held for premises in its district, and the location and opening hours of each of the premises; and

(c) any areas in which bylaws prohibiting alcohol in public places are in force; and

(d) the demography of the district’s residents; and

(e) the demography of people who visit the district as tourists or holidaymakers; and

(f) the overall health indicators of the district’s residents; and

(g) the nature and severity of the alcohol-related problems arising in the district.

7. Council must also not produce a draft policy without having consulted the Police, Council Licensing Inspectors, and Medical Officers of Health. Each of these must, if asked by Council, make reasonable efforts to give Council any information they hold relating to any of the matters stated in subsection (c) to (g) above.

Alcohol in Health and Crime Briefing Paper

8. Following the Council meeting in May 2016, formal notice was sent to the Police and the Medical Officer of Health, seeking the information outlined above.

9. Attached as Appendix 2 is a combined briefing paper prepared by Police and the Medical Officer of Health. Representatives from both Police and Medical Officer of Health will attend the Policy and Regulatory meeting to speak to their briefing paper and answer any questions.

10. Officers also consulted with the Licensing Inspectors, who were present at a number of meetings and provided input over the course of developing the draft amendment.

11. The briefing paper from Police and the Medical Officer of Health/ Regional Public Health (RPH) provides health and Police data using risk markers of deprivation, age and ethnicity to develop a risk profile for Lower Hutt communities. They note that alcohol is a well-known causative factor in crime, violence and adverse health outcomes. The data shows some communities’ within Lower Hutt have a greater risk of alcohol related harm compared to others. RPH list areas in the city with very high or high risk categories and Police list areas with high or moderately high risk factors (refer to pages 8, 9 and 11 of the briefing paper).

12. The briefing paper notes the majority of alcohol consumed is purchased from off-licence premises. In that regard it should be noted here that a previous study by former Alcohol Liquor Advisory Council found that over 75% of all alcohol consumed is sold and supplied by off-licences. Because of this it is reasonable for one to conclude that alcohol purchased at off-licences is the main contributor to harm in any community.

13. The briefing paper recommends that the proposed amendment should limit the density of alcohol outlets, particularly off-licence outlets, in order to reduce the supply of alcohol and thus reduce the alcohol-related harm occurring in communities.

14. A meeting between Council staff, RPH and Police has been held recently to identify what, if any, local Lower Hutt evidence there is to support any proposed amendment to the LAP. The briefing paper outlines the results of several regional or national pieces of research. RPH advised that there is no other research that has used Lower Hutt data/evidence that could be used to inform an amendment to Council’s LAP.

15. The shortage of local evidence is problematic, as it places any LAP that is produced in danger of being successfully challenged at a later stage. Unless cogent localised evidence or, at the very least, cogent local empirical data can be obtained during the special consultative procedure process, it is difficult to draw reasonable inferences to rely on when considering placing caps on license numbers.

City Safety Managers report

16. Although the RPH and Police paper does not provide specific local evidence Hutt City’s City Safety Manager has provided a report (attached as Appendix 3) concerning alcohol related harm associated with drinking in public places in Lower Hutt. This report was prepared when Council was gathering evidence to support a proposed Alcohol in Public Places Bylaw 2016. The information in this report is relevant to the proposed amendment to the LAP as it complements the Police and RPH data by providing specific local evidence.

HCC LAP survey

17. A survey of Lower Hutt was undertaken in late 2012 to ascertain the level of community support for the development of a LAP in Lower Hutt. Following the decision of the Council in 2016 to consider amending the current LAP, a further survey was undertaken to gauge the attitudes of residents to alcohol use and regulation. A survey was sent to 1842 recipients with 564 responses which is a 31% response rate.

18. The results from respondents who reside in Moera, Naenae, Stokes Valley, Taita and Wainuiomata areas were then analysed to see if they had different attitudes relating to alcohol use and regulation. This sub-group (201) had a higher concern about alcohol use and regulation compared to the main survey sample.

19. While it’s appropriate to note it is a small sample the fact that this difference exists helps demonstrate these communities have a concern greater than the main sample – which if Council is focusing on the future regulation of off- licenses, one can argue this provides evidence around community support for that. Attached as Appendix 4 is a summary from the survey that shows the response from the main sample and the sub-group. These results are of interest only when considering the level of community support for the development of a draft amendment. It does not provide evidence that can be taken into account when considering a cap on licenses or other controls when developing a LAP.

Object of the SSAA

20. The objective of the Act is that:

a. the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and

b. the harm caused by the excessive or inappropriate consumption of alcohol should be minimized.

For the purposes of the Act, the harm caused by the excessive or inappropriate consumption of alcohol includes—

any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and

any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).

21. In Page 4 of the RPH/Police paper Judith Collins is quoted expressing the expectation that local alcohol policies should be reflective of community views. For these reasons, officers are recommending it is appropriate to produce a draft LAP amendment and undertake the special consultative procedure to gauge the harm and consider solutions that may be available.

Options

22. Section 77 of the Act is quite specific about what Council can include in its LAP. It may include certain controls from the list but cannot include any control that is not on the list:

77 Contents of policies

(1) A local alcohol policy may include policies on any or all of the following matters relating to licensing (and no others):

(a) location of licensed premises by reference to broad areas:

(b) location of licensed premises by reference to proximity to premises of a particular kind or kinds:

(c) location of licensed premises by reference to proximity to facilities of a particular kind or kinds:

(d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district:

(e) maximum trading hours:

(f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions:

(g) one-way door restrictions.

(2) Paragraphs (a) to (d) of subsection (1) do not apply to special licences, or premises for which a special licence is held or has been applied for.

(3) A local alcohol policy must not include policies on any matter not relating to licensing.

23. The criteria to focus on for a proposed amendment to the current LAP is outlined in Section 78 of the Act (refer to number 6 of this report). The majority of these are considered throughout the report but the District Plan and Alcohol Control Bylaws are considered directly below.

The District Plan

24. One of the mandatory criteria to consider, before producing a draft LAP is the objectives and policies of the District Plan. Officers have consulted with the Environmental Policy Team of Council who has provided the information attached as Appendix 11. Ultimately, after discussion with the Manager of Environmental Policy, the objectives and policies of the District Plan were considered to have little impact on the adoption of this particular draft LAP amendment. Our District Plan does not overtly limit or ban licensed premises and simply manages the adverse environmental effects in a similar fashion to any other proposed activity.

Alcohol Control Bylaws

25. The Hutt City Council Control of Alcohol in Public Places Bylaw was adopted by Council in December 2016. This bylaw imposes significant bans on alcohol consumption in public places, including a 24 hour ban in key areas and extensive overnight bans across the city. Work is underway to establish the mechanisms necessary to bring the Bylaw into effect. It is expected that the provisions of that Bylaw will result in a reduction in public place drinking.

26. A LAP is aimed at reducing alcohol-related harm in the city. Alcohol free zones (established under the Bylaw) are another approach Council can use to mitigate the impact of, if any, off-licences. If Council can’t, for whatever reason, impose a restriction on off-licences using a LAP, at least Council can let people know that they cannot drink in public at certain times after purchasing alcohol from off-licence stores.

Policy tools available to address alcohol-related harm in Hutt City

27. Officers have considered the tools available to address the issue of alcohol-related harm in the community and have identified three tools that warrant further investigation. These are a cap on off-licenses, a “sinking lid” on off-licences; and/or limiting the proximity of off-licences to other off-licences or sensitive sites. These options are discussed below.

Caps

28. Council could specify a limit on the number of off -licenses allowed in Lower Hutt or in certain areas of Lower Hutt.

29. Such a condition could read as follows:

a) The maximum number of off-licences permitted [in Naenae, Stokes Valley, Taita, Avalon, Hutt Central and Wainuiomata] shall be the number of off-licenses at the time this policy is adopted.

30. Based on the evidence provided and outlined above, Council needs to determine the following matters, if it wishes to use caps to control the number of off-licences:

c. Where should the caps be located?

d. What are the caps on?

e. Should there be any exceptions to a cap?

Below is advice with respect to these three matters.

Where caps should be located?

31. The following criteria could be used collectively to determine where in the city caps could be established:

f. First, consider where deprivation index levels 8-10 are located, as this level is often used to define ‘high deprivation’;

g. Second, examine health and crime indicators and the associated nature and severity of alcohol related harm (as outlined in the briefing paper attached as Appendix 2)

h. Third, examine the number of existing off-licences in particular areas.

32. This mix of criteria draws from the mandatory criteria considering demographics, health indicators and the levels of alcohol related harm in particular areas.

33. Based on the evidence gathered, a cap is proposed for Avalon, Hutt Central, Naenae, Stokes Valley, Taita and Wainuiomata. The relationships between the factors outlined above are set out in the map attached to this report as Appendix 5.

34. In support of this proposed approach it should be noted that both Police and RPH rank these areas in their briefing report as either very high or a high risk of alcohol related harm (refer Page 8 and 11 of their report and also see Appendix 7 which is a map showing these high and moderately high areas). RPH has also advised Council staff that they support this approach if it applies to all off-licences within very high or high risk areas.

35. The 2013 deprivation index combines nine variables from the Census which reflect the eight dimensions of communication, income, employment, qualifications, home ownership, support, living space, and transport. In these areas a higher percentage of people are unemployed, are on low-income or claiming means tested benefits, don’t have access to a car, and are renting rather than owning their homes. A higher percentage also has no internet access and a higher proportion of the population does not have any educational qualifications.

What should the caps be on?

36. There are several options Council can consider. A cap on:

i. all off-licences; or

j. off-licences, excluding supermarkets; or

k. stand-alone bottle stores only.

37. Excluding certain categories from a cap must be justified and there is substantially increased risk of successful challenge to the LAP if Council arbitrarily distinguishes between the licence types. The advice from RPH and Police is that, at this stage they can provide no evidence that one type of off-license is more responsible for alcohol related harm than another. For this reason the recommended resolutions apply a cap to all off-licences for certain identified areas.

Should there be any exceptions to the cap?

38. Any exceptions to the cap would need to be borne out by the submissions and evidence presented. The proposed recommendations ask the hearings subcommittee to consider whether there is any evidence to support caps on the number of off-licences: Only applying to stand-alone bottle stores; or excluding supermarkets; and/or excluding premises operating as a brewery offering complimentary samples; and/or excluding boutique shops selling only craft beer and imported wine.

Sinking lid

39. Creating a sinking lid policy is another option which could be included along with a cap. A sinking lid means the total number of off-licences allowed in this location is determined and then each time a current off-licence expires, it is not replaced. A sinking lid policy can also establish the minimum number of off-licences that can operate – so an area that starts with, for example, 5 off-licences could have a sinking lid apply which reduces that number to 3 (as licenses leave) and then caps it at 3.

40. It should be noted that any current licence will not lapse when it is either bought or sold. Also, if a current licence holder ceases trading temporarily (e.g. to do alterations to their premises) this wouldn’t constitute the lapse of that licence.

41. Currently a sinking lid is not a recommended option because there is no evidence to support it.

Location of premises

42. The other main tool Council can use to restrict off-licences is limiting them by proximity to other licences or sensitive sites. If Council wants to use this tool there is also a need to define whether the restriction applies to all off-licences or just certain types of off-licence.

Sensitive sites (density and proximity)

43. Sensitive sites can be defined as any place of worship, kindergarten, playground, or school (or any one of combination of those). Attached to this report as Appendix 9 is a map that show the impact if that separate distance is set at 250m or 500m. A sensitive site condition could be as follows:

A new off-licence will not be issued for any new premises located within XXX metres of a sensitive site.

Distance between off-licences (density and proximity)

44. Another option is creating a distance between existing and any proposed new off-licences. Attached as Appendix 10 is a map that shows the impact if that separation distance is set at 250m or 500m. Such a condition could read as follows:

A new off-licence will not be issued for any new premises located within XXX metres of an existing off-licence.

45. The maps attached to this report are all using distances of either 250m or 500m. This has been done to show the impact and then enable the reader to gauge for themselves the impact, if the distances were to be greater than say 500m or less than 250m. Based on that information it should provide the reader with a feel for the distances involved. The distances being used by other Council’s range up to 1,000m or down to 50m. It would appear the distance is often determined by the nature of the area concerned, for example if it is in a built up residential area or a rural setting. If Council was to consider smaller separation distances than those noted above, such a condition could read as follows:

A new off-licence will not be issued for any new premises located within [50 metres of /adjacent to] an existing [off-licence/sensitive site].

Conclusion – cap or location?

46. The resolutions currently recommend a list of areas within the city that could be subject to a cap. This is based on a number of factors, including the ‘high’ risk areas as outlined the briefing paper from RPH and Police. The areas are Naenae, Stokes Valley, Taita, Avalon, Hutt Central and Wainuiomata. Attached as Appendix 7 is a map that shows that area.

47. Also shown in that map are the areas identified by RPH and Police as their next highest risk areas. This is provided to show what that combined area would cover within the city. Whatever area(s) Council may decide to use must be based on good evidence. While ARLA may consider evidence from regional or national studies on alcohol harm issues as helpful, it is the provision of local evidence that carries more weight.

48. Officers recommend Council produce a draft LAP amendment containing caps of off-licenses for the areas identified.

49. Officers have not currently recommended any controls over proximity to licensed premises or sensitive sites. This decision was made after consulting with the required parties (Police, Health and Inspectors) and considering the purpose of the proposed amendment. The purpose of the amendment is to limit the numbers of bottle stores – the location controls are about limiting density and ensuring licensed premises are not next to sites where their location might be considered inappropriate. They are not controls on the numbers of stores and these tools are out of keeping with the purpose of this proposed amendment.

Recommended amendment to LAP

50. Leading on from this, officers propose four options for Council to consider. As discussed, the preferred option is capping the number of off-licences. This option provides a clear policy position with respect to the number of off-licences Council will allow, based on the evidence presented. It also addresses the concerns raised by the community concerning the number of off-licences. It provides a clear regulatory response to help address the issues identified by Inspectors, RPH and Police. Further community input can be sought in an effort to see whether the local evidence supports caps on off-licenses in these locations. This option is currently the recommended resolution for Council.

51. The other 3 options include:

[Sinking Lid]

The maximum number of off-licence bottle stores permitted [in Naenae, Stokes Valley, Taita, Avalon, Hutt Central and Wainuiomata] shall be the number of off-licenced bottle stores at the time this policy is adopted [and the minimum number of will be X]. New off licenses will not be granted unless the number of off-licenses in the area is below X.

OR;

[Separation from existing off-licences and/or sensitive sites]

A new off-licence will not be issued for any new premises located within [50 metres of /adjacent to] an existing [off-licence/sensitive site].

OR;

[Status quo]
Current provisions for off-licences be retained with no changes proposed.

Other minor amendments recommended

52. Below are a number of minor amendments Council Officers have identified that would be desirable to include as part of this proposed amendment. These were raised in consultation with the Licensing Inspectors as on-licences that were not currently covered by the existing LAP. In these cases the default operating hours under the Act apply, allowing these businesses to trade from 8.00am until 4.00am the next day. If Council does not have an issue with the default hours for these types of businesses, the amendment is unnecessary.

l. On licence for Function Centres. These are currently not included in the LAP. The operation of their off-licence should be linked to the business activity of a function centre and subject to the restricted trading hours in line with hotels. A one year probation period only allowing operation until 1am could also be included.

m. On licences for Cinemas. These are currently not included in the LAP. The operation of their licence should be linked to the business activity of operating a Cinema. The Event Cinema licence says: on such days and hours Monday – Sunday 8.00am – 3.00am. They could be made subject to restricted trading hours.

Consultation

53. If Council agrees to proceed with an amendment to its LAP the special consultative procedure will need to be followed.

54. Attached is the draft Statement of proposal required as part of the special consultation procedure [yet to be drafted and inserted] that, subject to any amendments the Policy and Regulatory Committee may wish to make, will be presented to Council for adoption at its meeting on 14 March 2017.

Legal Considerations

55. The Act states that when amending a LAP the same process applies as if the Council was adopting a LAP for the first time, with the necessary modifications. After producing a draft amendment Council must produce a provisional policy by using the special consultative procedure to consult on the draft policy.

56. Council has the legal right to stop the process associated with this proposed amendment at any stage.

Financial Considerations

57. It is difficult to determine at this point the costs involved in undertaking this proposed amendment to the Hutt City LAP. Once public consultation on the proposed amendment has closed we may be in a better position to know what those financial considerations could be. As noted immediately above the Act provides Council with the power to stop the development of a proposed amendment at any stage.

Other Considerations

58. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it meets the current/future needs of the community.

Appendices

No.	Title	Page
1 ⇨	Appendix 1 - Hutt City Local Alcohol Policy (Under Separate Cover)
2 ⇨	Appendix 2 - RPH and Police Briefing paper (Under Separate Cover)
3 ⇨	Appendix 3 - City Safe Manager Report (Under Separate Cover)
4 ⇨	Appendix 4 - Summary of Survey Results (Under Separate Cover)
5 ⇨	Appendix 5 - Relationship between high deprivation areas, health and crime indicators and number of existing off-licences (Under Separate Cover)
6 ⇨	Appendix 6 - All Off-licences (Under Separate Cover)
7 ⇨	Appendix 7 - High and Moderately High Risk Suburbs (Under Separate Cover)
8 ⇨	Appendix 8 - Sensitive Sites and other Off-Licences within 250m of a Bottle Store (Under Separate Cover)
9 ⇨	Appendix 9 - Bottle Store within 250m - 500m of a Sensitive Site (Under Separate Cover)
10 ⇨	Appendix 10 - 250m - 500m from a Bottle Store (Under Separate Cover)
11 ⇨	Appendix 11 - Local Alcohol Policy and the District Plan (Under Separate Cover)

Author: Graham Sewell

Principal Policy Advisor

Author: Bradley Cato

Solicitor

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

4. PROTOCOLS

4.1 The councils of the Wellington Region will work together on issues where it is agreed that the Region and the communities within it will benefit from a regionally collaborative approach.

4.2 The councils of the Wellington Region will work together in line with the protocols and principles outlined in the Wellington Regional Strategy Multilateral Agreement in regard to the Wellington Regional Strategy.

4.3 When a council has a significant disagreement with the position of the others, the group will make every effort to accommodate, acknowledge or at least fairly represent the dissenting view.

4.4 The councils of the Wellington Region will proactively present their case to the Government and other councils from other regions to ensure that the Wellington Region's interests are protected and enhanced.

4.5 When a significant decision or issue affects a particular council, or its population, then that council should have the lead role in formulating the Region's response.

4.6 Where facilities and services of significance benefit more than one district, and are intended to be funded by more than one district, those districts that intend to participate shall be involved in identifying, delivering, and funding the facility or service. One Council shall take the lead for the project, appointed by the participating councils.

4.7 The agreement acknowledges each council’s unique accountability.

4.8 The councils agree to act in good faith on issues of information and disclosure.

4.9 The councils agree to work collaboratively in an open and transparent manner.

4.10 The councils agree to build on work currently being undertaken within the Region and to continue to address issues of co-ordination, roles and responsibilities.

4.11 As signatories to this agreement all councils will ensure provision of the following:

a) Early notification to affected councils, through the distribution of draft documentation, of major policy discussions which may have implications beyond the boundaries of the decision-making council. This specifically includes the development of consultation policies and policies on significance.

b) Opportunities for all councils in the Region to be involved in early consultation on the development of each other’s draft Annual Plan and draft Long Term Plan and other significant policy consultation processes.

c) The application of a 'no surprises' policy, whereby early notice will be given over disagreements between councils concerning policy or programmes, before critical public announcements are made.

5. CONSULTATION

5.1 Consultation in relation to this agreement will be undertaken within the following groups:

a) A meeting of the Mayors, Regional Council Chair and their Chief Executives will occur at least once every six months to discuss general policy business and to review the performance of the agreement.

b) Existing regional and sub-regional forums such as:

· The Wellington Regional Mayoral Forum

· The Joint Wairarapa Councils’ Meeting

· The Wellington Regional Strategy Committee

· The Wellington Regional Transport Committee

· LGNZ Zone Four

· Regional Civil Defence Emergency Management

c) Meetings between staff as necessary to achieve communication and co-ordination on issues identified in the agreement.

5.2 Under Section 15(2) of the Act, the following consultation processes will apply to proposals for new Regional Council activities:

a) Where a proposed new Regional Council activity is significant in terms of the Wellington Regional Council's policy on significance, the process will be as set out in s.16 of the Act.

b) Where a proposed new Regional Council activity is not significant in terms of the Wellington Regional Council's policy on significance, the Regional Council undertakes to notify all other councils in the Region prior to commencing any public consultation, in line with the principles of 'no surprises', transparency and good faith.

c) Where the parties to this agreement are unable to agree, dispute procedures set out in s.16 (4)-(7) of the Act will apply.

5.3 The following consultation process will apply to any change, variation, or review of the Regional Policy Statement for the Wellington Region, and the preparation of any future Regional Policy Statement:

a) The Regional Council will seek the input of territorial authorities into the review of the Regional Policy Statement for the Wellington Region.

b) The Regional Council will make available to all local authorities, for discussion and development, draft copies of:

· any change or variation of to the Regional Policy Statement

· any proposed Regional Policy Statement.

c) Territorial authorities will be given a reasonable period of time, but no less than 30 working days, to respond to any such proposal. The Regional Council agrees to consider fully any submissions and representations on the proposal made by territorial authorities within the Region.

6. OTHER ISSUES

The parties agree that, in addition to the general consultation obligations of this agreement, the councils of the Wellington Region will continue to meet together in various forums to develop common approaches on issues identified as priorities for the Region, including the progressing of Shared Services initiatives consistent with the following principles:

Collaboration Principles

In giving effect to shared services the councils will adopt the following principles to guide progress towards implementation of shared services across the region:

1. Transferable - regardless of future decisions around governance, that any approach to shared services be transferrable to any new council structure.

2. Beneficial - that shared services focus on services where these will result in significant cost savings, and focus on the delivery of functions that result in more effective and efficient delivery for households and businesses.

3. Sustainable/ that the approach has longevity and sets a benchmark for quality service provision in the region but can be scaled up.

4. Urgent – that the approach can realise benefits quickly and, if necessary, start small.

6.1 Collaboration within the region

The Mayoral Forum will:

· Be the vehicle for oversight of projects, such as collaboration projects.

· Review existing collaboration and shared services arrangements as necessary to ensure that current arrangements remain relevant and optimal

· Identify new opportunities for collaboration and shared services for consideration by the councils

7. SERVICING

7.1 The parties agree that responsibility for servicing this agreement shall be shared, with responsibility passing from local authority to local authority at the start of each triennium. Servicing involves:

· providing those secretarial services required

· within the limits outlined in the protocols and principles above, acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the agreement.

7.2 The parties agree that the Upper Hutt CityCouncil will be the council responsible for servicing this agreement for the 2016 -2019 triennium, after which it shall pass to the remaining local authorities as listed in appendix one, unless otherwise agreed.

7.3 The parties also agree that responsibility for servicing, and making media comment on behalf of, existing specific regional and sub-regional forums, will lie within those specific forums.

REVIEW OF THE AGREEMENT

The parties agree to review the terms of this agreement in accordance with s.15(3) of the Act within four weeks of a request by one of the councils made in writing to the council delegated responsibility to service the Agreement.

9. DISPUTE RESOLUTION

In the event of a disagreement over the terms of this agreement, the parties agree to refer the issue of disagreement to arbitration for non-binding resolution. If no agreement on an arbitrator is forthcoming an arbitrator will be appointed by the President of the Wellington Branch of the New Zealand Law Society.

This agreement is signed on this _____________ day of _____________________

2017, by the following on behalf of their respective councils.

Carterton District Council __________________________________

John Booth - Mayor

Greater Wellington Regional Council __________________________________

Chris Laidlaw - Chair

Hutt City Council __________________________________

Ray Wallace - Mayor

Kapiti Coast District Council __________________________________

K (Guru) Gurunathan - Mayor

Masterton District Council __________________________________

Lyn Patterson - Mayor

Porirua City Council __________________________________

Mike Tana - Mayor

South Wairarapa District Council __________________________________

Vivien Napier- Mayor

Upper Hutt City Council __________________________________

Wayne Guppy - Mayor

Wellington City Council __________________________________

Justin Lester - Mayor

33 27 February 2017

Policy and Regulatory

25 January 2017

File: (17/63)

Report no: PRC2017/1/49

Local Governance Statement

Purpose of Report

1. This report seeks Council’s approval to make publicly available the Council’s current Local Governance Statement, amended to bring it up-to-date.

Recommendations

It is recommended that the Committee recommends that Council:

(i) notes that under the Local Government Act 2002, all local authorities are required to prepare and make publicly available within six months of a triennial general election a Local Governance Statement;

(ii) agrees that the Council’s current Local Governance Statement, amended to bring it up-to-date, be made publicly available; and

(iii) authorises the Chief Executive to make modifications to the document during the course of this triennium, which reflect any changes to Council policies, practices or structures.

Background

2. This Local Governance Statement provides information about the processes through which Council engages with its residents, how the Council makes decisions and how citizens can influence these processes.

3. The Council is required to produce such a statement under section 40 of the Local Government Act 2002 and must update it within six months following each triennial election. The Council may also update this Local Government Statement at any other time.

4. The Local Government Statement supports the stated purpose of local government by promoting the understanding of local democracy.

5. The purpose of local government is set out in section 10 of the Act, as follows:-

(a) to enable democratic local decision-making and action by, and on behalf of, communities; and

(b) 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.

6. In the Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—

(a) efficient; and (b) effective; and (c) appropriate to present and anticipated future circumstances.

7. Accordingly, the Local Governance Statement provides the public with information under the following broad categories:-

· Functions, responsibilities and activities of the local authority

· Bylaws

· Electoral arrangements

· Governance structure and processes

· The way elected members make decisions and relate to each other and to the management of the local authority

· Key policies of the local authority

6. The statement is written for the information of the general public. The Local Governance Statement must be updated over the course of the triennium to reflect changes to Council policies, practices or structures.

7. Council may also wish to include other information not legally required but which may be of interest to the public.

Discussion

8. The Council’s first Local Governance Statement was prepared in December 2003 and has been reviewed and updated. A copy of the main document is attached as Appendix 1.

9. Amendments made to the main document and the appendices are a result of decisions made by Council at its meetings held in the last triennium and at its meeting held on 15 December 2016.

10. The final Local Governance Statement will be available on the Council website. A certain number of hard copies will be available for display at all Hutt City libraries and the Hutt City Council Administration building. All elected members will be provided with electronic copies and copies will be made available to the public on request.

11. Officers will review the Local Governance Statement six monthly to ensure it remains up-to-date.

Consultation

12. Relevant officers have been consulted and provided feedback.

Legal Considerations

13. Section 40 of the Local Government Act 2002 requires that a territorial authority must prepare and make publicly available a Governance Statement.

14. Section 274 of the Local Government Act 2002 required that the first Governance Statement be made publicly available by 31 December 2003, and within six months of each triennial general election thereafter.

Financial Considerations

15. There are minor costs associated with printing the Local Governance Statement which will be met from within existing budgets.

Other Considerations

16. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it sets out how Council does its business and the processes that Council uses to engage with the City’s residents and ratepayers.

Appendices

No.	Title	Page
1 ⇨	Appendix 1 Local Governance Statement (Under Separate Cover)
2 ⇨	Appendix 2 Legislation Affecting Local Government (Under Separate Cover)
3 ⇨	Appendix 3 Policy on Functions and Roles of Council and Community Boards (Under Separate Cover)
4 ⇨	Appendix 4 Code of Conduct for Elected Members (Under Separate Cover)
5 ⇨	Appendix 5 Committee Structure (Under Separate Cover)
6 ⇨	Appendix 6 Terms of Reference for Council (Under Separate Cover)
7 ⇨	Appendix 6a Functions and Delegations Community Boards 2016-2019 (Under Separate Cover)
8 ⇨	Appendix 7 Significance and Engagement policy 2015-2018 (Under Separate Cover)
9 ⇨	Appendix 8 The Special Consultative Procedure (Under Separate Cover)
10 ⇨	Appendix 9 Consultation Policy (Under Separate Cover)
11 ⇨	Appendix 10 Mayor, Councillors and Community Representatives (Under Separate Cover)

Author: Kathryn Stannard

Divisional Manager, Secretariat Services

Approved By: Joycelyn Raffills

General Manager, Governance and Regulatory

37 27 February 2017

Policy and Regulatory

16 January 2017

File: (17/9)

Report no: PRC2017/1/50

Future of Bell Park

Purpose of Report

1. The purpose of this report is to look at the future of Bell Park in Waiwhetu.

Recommendations

It is recommended that the Committee recommends that Council:

(i) notes that historically Bell Park has been managed as a formal sports park but has not been used for this purpose for two seasons and will not be required for such use in the future;

(ii) notes that an independent assessment of reserve values has been undertaken which considers Bell Park has a medium rating, contributing to the local and wider reserve network;

(iii) agrees to undertake public consultation on a proposal to revoke the reserve status of approximately 1 ha of Bell Park and make the land available for housing, for the following reasons;

(a) the park is no longer required as a formal sports ground, serving the wider Lower Hutt community;

(b) a smaller area of land is required for the purposes of providing a neighbourhood reserve in this suburb than currently exists;

(c) there will be an opportunity to improve visibility to the neighbourhood reserve and thereby improved public safety once that part of the Park not required is sold and developed; and

(d) the proceeds of the sale of that part of the Park not required for the neighbourhood reserve, will enable other Council reserve development priorities to be undertaken, such as those identified in the Valley Floor Review implementation plan.

Background

2. Bell Park is a recreation reserve, 15,500 m² in size, situated in the suburb of Waiwhetu. The park is bounded on all sides by housing with single-lane vehicular access off Bell Road and two pedestrian access points from Douglas Street and Riverside Drive South. An aerial plan of the park is attached as Appendix 1 to the report.

3. The park has traditionally been used as a sports ground, having been the home of the Lower Hutt City Association Football Club (the Club), prior to its move to Fraser Park in 2013. The park is included in the Sports Grounds Reserve Management Plan.

4. The park accommodated a single premier football pitch and an area for football training. The Club’s building, which is on a separate legal title of 785 m², is sub-let by the Club to the Bellevue Boxing Club.

5. As a sports ground the park had limitations with the Club having to erect and maintain high nets at either end of the pitch to try and prevent the ball from being kicked over the fence into adjoining properties. In 2013 the Club relocated to Fraser Park and for the past two seasons the Park has not been used for football.

6. The introduction of artificial football turfs at Memorial and Fraser Parks, has resulted in a reduced need for grass fields across the City.

7. The Council’s reserves ground lease with the Club expired on 31 March 2016 and is currently on a month to month basis. A new long term lease is shortly to be entered into, based on a decision made by the Community and Infrastructure Services Committee in November 2011 that Council would give an undertaking of long term tenure to the Club at the time the lease expired. The new lease is for a period of 15 years (10+5).

Valley Floor Review

8. Council resolved at its meeting on 15 March 2016, when considering the Valley Floor Review, to direct officers to undertake a review of Bell Park for the purpose of considering its future. The catalyst for this review is that sport is not now played on the reserve. If the Park is not required for organised sport in the future, then an assessment needs to be made on its use and purpose as a neighbourhood park.

9. An independent assessment of the Park’s reserve values has been undertaken in accordance with the criteria established by Council as part of the Reserves Strategic Directions 2016-2026. This assessment concludes that Bell Park has an overall medium level of reserve significance. The report by PAOS is attached as Appendix 2 to the report.

10. Officers have been asked to investigate relocating the Sola Power Throwing Academy (SPTA) from its existing site between the overbridges at Moera to another suitable Council site. Bell Park would be large enough for this activity though it would need to be positioned to ensure there was no chance of an ill-thrown javelin, hammer or discus ending up in private property, or endangered other casual users of the park. The request to relocate the activity does not originate from SPTA, which has indicated that it is very satisfied with its current location and does not want to move. If it was to move then Council would need to pick up all costs, noting that SPTA has all approvals to operate from its current site.

Discussion

11. If Bell Park is not required for the delivery of formal sports ground activities, then its use will be limited largely to being that of a neighbourhood reserve. The key question then is what would be a reasonable provision of open space to satisfy this local need, taking into account other nearby reserve land.

12. While there are no specific guidelines to determine what this provision should be, officers consider that the current area of just over 1.5 hectares for a local neighbourhood park is at the generous end of the scale. The New Zealand Recreation Association identifies 0.3 hectares as a minimum size required for a neighbourhood reserve, with most neighbourhood reserves being around 0.5 hectares in size.

13. The Waiwhetu Stream corridor and Bell Square are the closest other reserve land to Bell Park, being within 200 metres. There are also two school grounds within the immediate vicinity, which provide further open space within the suburb. Two large sports grounds at Te Whiti Park and Hutt Park, while being further away (between one and two kilometres), provide large open spaces for formal recreation north and south of Bell Park.

14. The layout of Bell Park, with it being almost fully enclosed by residential properties having high rear fences, results in a lack of public visibility, which is not desirable.

15. The assessment of reserve values identifies a medium rating for the park. It notes that the park has a role in the local and wider reserve network ensuring, that residents of Gracefield are within the desired 400 metres of a Council reserve.

16. In considering the wider reserve needs and priorities there would be two main advantages to Council declaring part of the Park surplus to requirements and re-using the land for the development of housing. These are:

a. there will be an opportunity to improve visibility to the neighbourhood reserve and thereby improved public safety; and

b. the proceeds of the sale of that part of the Park not required for the neighbourhood reserve, would be credited to the Reserves Purchase and Development Fund and be available for other reserve development priorities, such as those identified in the Valley Floor Review.

17. Making available the surplus part of the park for housing would also be consistent with Council’s Urban Growth Strategy.

Options

18. There are two main options to consider. These are:

a. to retain Bell Park as it is and take no further action; or

b. to consider a proposal to reduce the area of Bell Park.

Consultation

19. This report recommends that Council publicly notify a proposal to revoke the reserve status of part of Bell Park. All adjoining owners will be contacted as part of the consultation on this proposal. Other interested parties such as the Football and Boxing Clubs will also be notified.

Legal Considerations

20. The proposal to revoke the reserve status of part of Bell Park is subject to Reserve Act 1977 processes. Section 24 deals with the revocation of reserve lands. This process generally requires;

a. Council initiating a proposal on the possibility of revoking the reserve status and disposing of reserve land

b. Placing a public notice inviting objections/submissions

c. Collating objections/submissions and reporting results of these back to Council with officer recommendations

d. Council hearing submissions and further considering the proposal

e. Council’s decision sent to DOC for approval by the Minister or her delegate

f. The decision to revoke if approved by DOC is published in the New Zealand Gazette.

Financial Considerations

21. There are no financial considerations at this stage.

Other Considerations

22. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of local government in that it considers the future of a Council owned community asset. It does this in a way that is cost-effective following the process set out in the Reserves Act 1977.

Appendices

No.	Title	Page
1 ⇨	Bell Park Aerial Plan (Under Separate Cover)
2 ⇨	Bell Park Assessment of Reserve Values February 2017 (Under Separate Cover)

Author: Bruce Hodgins

Divisional Manager, Parks and Gardens

Approved By: Bruce Sherlock

General Manager, City Infrastructure

49 27 February 2017

Policy and Regulatory

02 February 2017

File: (17/138)

Report no: PRC2017/1/52

Accessibility and Inclusiveness Plan 2017-2027

Purpose of Report

1. The purpose of this report is to:

a. Report back on the results of the engagement Forum held with the disability community to get feedback on the draft Accessibility and Inclusiveness Plan 2017-2027.

b. Ask the Committee to approve the changes that have been made as a result of this engagement.

c. Ask the Committee to agree to the establishment of an AIP Accessibility and Inclusiveness Plan Advisory Group and the processes related to that.

d. Ask the Committee to recommend to Council that the Accessibility and Inclusiveness Plan 2017-2027 be adopted.

Recommendations

It is recommended that the Committee recommend that Council:

(i) approve the changes made to the Accessibility and Inclusiveness Plan 2017-2027 as a result of the engagement Forum held with the disability community;

(ii) agree to the establishment of an Accessibility and Inclusiveness Plan (AIP) Advisory Group of up to five members as a sub-committee of Council reporting to the Community Services Committee;

(iii) agree that the AIP Advisory Group will meet quarterly with the first meeting being 1 July 2017;

(iv) agree to the payment of an honorarium for members of $60 per meeting to cover costs of attending the meeting;

(v) direct officers to work with the AIP to assist them to develop a Terms of Reference for the group and a work programme including formal induction on the role of Council and its fiscal responsibilities;

(vi) agree to recommend to Council that it adopt the Accessibility and Inclusiveness Plan 2017-2027; and

(vii) agree to recommend to Council that the AIP Advisory Group report to the Community Services Committee

Background

2. On 19 May 2016, a disability forum was held at The Dowse Art Museum and a number of people from the disability community and sector attended. A number of issues were raised at the forum including:

a. Accessibility in terms of public transport, outdoor spaces, libraries, pools, museums and the ability to move around the city easily

b. Representation

c. Communication

d. Employment

3. As a result of the Forum, officers were asked to work with the disability community to develop a plan to address the issues raised. A draft Accessibility and Inclusiveness Plan (AIP) was developed and Council asked that officers take this draft to the disability community for further consultation.

Discussion

4. The disability community held a further Forum on 9 February 2017 to provide feedback on the draft AIP and the attached revised AIP is a result of that feedback.

5. Also discussed at the Forum was:

a. The establishment of an interim AIP Advisory Group, its membership, its meeting schedule, payment of those members for their contribution and which Council Committee the Advisory Group would report its findings and recommendations to

b. The development of an interim Terms of Reference for the AIP Advisory Group for approval by the wider disability community

c. Key Performance Indicators (KPI) to be used to measure progress against the Plans goals

6. There were some issues and concerns about the whether the Plan should cover Hutt Valley or just Lower Hutt. People were divided on this. There was a very strong view from some that the initial Forum in May 2016 agreed that the AIP Advisory Group should be Hutt Valley wide. On the other hand others felt that it would be difficult for the group to be giving advice to Both Upper Hutt and Hutt City Council if there was no mandate for this from UHCC. Another aspect of this is that people from Upper Hutt travel to and work in Lower Hutt so it could be appropriate to have someone from Upper Hutt on the Advisory Group if they were suitably qualified.

7. The Forum recommended that:

· That Mayor Wallace meets with Mayor Guppy to discuss the possibility of the group being a Hutt Valley wide one

· That relevant UHCC officers are invited to Advisory Group meetings on a regular basis

· That relevant Upper Hutt service providers are invited to attend Advisory Group meetings on a regular basis

8. Another issue raised was how the interaction with Council officers would be managed. The Forum recommended that relevant officers are introduced to the Advisory Group once it is established to advise the group on their areas of responsibility and establish a process for involving the Advisory Group in decision making processes where decisions will have a direct impact on the disability community. Specific areas include:

· Strategy and Planning

· Community Partnerships

· Leisure Active

· City Development

· Libraries

· Museums

· Parks and Gardens

· Environmental Policy

· Urban Design

· Road and Traffic

· Environmental Consents

· City Promotions (includes web site development)

9. The Forum also discussed the issue of an honorarium payment to members of the Accessibility and Inclusiveness Plan Advisory Group. The general view was that the costs of attending meetings of the Advisory Group should be covered by an honorarium but that this should not be viewed as a payment for services. The notes from the Forum are attached as Appendix 3.

10. The recommended KPIs from the Forum have been included in the Accessibility and Inclusiveness Plan 2017-2027 is attached as Appendix 1. The Terms of Reference for the development of the Plan are attached as Appendix 2.

Options

11. There are no other options for consideration.

Consultation

12. The disability community and sector has had full involvement in the development of the draft terms of reference and draft Accessibility and Inclusiveness Plan 2017-2027.

13. Officers were asked for feedback on the draft Terms of Reference and Accessibility and Inclusiveness Plan 2017-2027. Some concern has been expressed about:

a. the practicality of achieving the changes in the physical environment of the city and Council owned assets and facilities;

b. The cost of achieving the changes in the physical environment of the city and Council owned assets and facilities; and

c. Council’s ability to influence the way in which official voting information is presented as this is done by the Electoral Commission.

Legal Considerations

14. There are legal considerations concerning the establishment an Accessibility and Inclusiveness Plan sub-committee. These can be addressed internally.

Financial Considerations

15. The disability community’s expectation is that people appointed to such a committee will be paid an honorarium for each meeting and the reasonable costs of attending the meeting e.g. transport costs.

16. After considering the approach of other Councils, officers are recommending that each Advisory Group member be paid a $60 fee for attending meetings. This will be four (quarterly) meetings of the AIP and attendance at at least two Community Services Committee meetings. This would be a total cost of approximately $2000 per annum. Officers would provide secretariat services for the Advisory Group from within existing budgets.

17. Members of the Advisory will receive formal induction on the role of Council and its fiscal responsibilities.

Other Considerations

18. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it ensures that Council is meeting the current and future needs of the disability community within the city. It does this in a way that is cost-effective because it helps ensure that all residents are given the opportunity to make a full contribution to the future of the city.

Appendices

No.	Title	Page
1 ⇩	HUTT CITY’S ACCESSIBILITY AND INCLUSIVENESS PLAN 2017-2027	54
2 ⇩	Terms of Reference for Hutt City Council’s Accessibility and Inclusiveness Plan 2017-2027	60
3 ⇩	Notes from the AIP Forum 9 February 2016	64

Author: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

Attachment 1

HUTT CITY’S ACCESSIBILITY AND INCLUSIVENESS PLAN 2017-2027

What is a Disability?

Disability is something that happens when people with impairments face barriers in society that limit their movements, senses or activities

Disabled people are people who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. This is the understanding of disability in the Convention ^{^[2]}

The underlying approach

The principles and underlying approach of Hutt Council’s Accessibility and Inclusiveness Plan 2017-2027 are based upon three key documents:

· The New Zealand Disability Strategy 2016 to 2026;

· The United Nations Convention on the Rights of Persons with Disabilities 2008; and

· The Treaty of Waitangi.

NEW ZEALAND DISABILITY STRATEGY 2016-2026

The aim of the New Zealand Disability Strategy (NZDS) is to ensure that government departments and agencies consider disabled people’s needs before making decisions. Underpinning the New Zealand Disability Strategy is a vision of a fully inclusive society.

‘A society that highly values our lives and continually enhances our full participation.’

The United Nations Convention on the Rights of People with Disabilities (the Convention) is an international agreement about protecting and promoting the human rights of disabled people throughout the world. New Zealand signed the Convention on 30 March 2007, and ratified it on 26 September 2008.

The Convention recognises that people with impairments often face discrimination because of their disability and from not being recognised in Government policy and services. The purpose of the Convention, as stated in Article 1 is:

“To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all people with disabilities and to promote respect for their inherent dignity”

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 2008

The two articles of the Convention that will be of particular relevance to the Hutt Council’s Accessibility and Inclusiveness Plan 2017-2027 are:

Article 8 – Awareness Raising; and

Article 9 – Accessibility

Article 8 states that Governments should take immediate, effective and appropriate steps to;

• Raise awareness throughout society, including at family level, and to encourage respect towards disabled people,

• Eliminate prejudice and abuse against disabled people,

• Raise awareness of the value of the contribution disabled people make to society.

Article 9 of the Convention states that to enable disabled people to live independently and take part in all areas of life, government should take action to ensure accessibility, equal to that of non-disabled people. This includes taking action in relation to the built environment, transport, public services or facilities as well as information and communication services, and emergency services.

Also important is Article 4.3 which states that in the development and implementation of legislation and policies to implement the present Convention and in other decision making processes concerning issues relating to persons with disabilities, State Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities through their representative organisations.

TREATY OF WAITANGI

There are a number of provisions in the Local Government Act 2002 (the Act) that relate specifically to Māori. The key provision is in section 4 of the Local Government Act 2002. In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi, and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for councils that are intended to facilitate participation by Māori in local government decision-making processes.

Whilst section 4 clearly acknowledges responsibility for the Treaty obligations lie with the Crown, Parts 2 and 6 of the Act are intended to facilitate participation of Māori in local government. Local government is charged with the responsibility to promote opportunities for Māori and other members of the public to contribute to its decision-making processes. These provisions apply to all Māori in the city, district, or region. They acknowledge that Māori other than mana whenua may be resident in the area.

The principles of the Treaty are:

• Partnership: Maori and the Crown have a relationship of good faith, mutual respect and understanding, and shared decision making

• Participation: the Crown and maori will work together to ensure Maori (including whanau, hapu, iwi and communities) participate in the disability sector at all levels of decision making around disability issues. Participation includes the right to seek opportunities for self-determination and self-management.

• Protection: the Crown actively contributes to improving the wellbeing of Maori including support for independent living and the protection of Maori property and identity, in accordance with Maori values. Maori have the same rights and privileges as other citizens.

VISION

Vision one: Hutt City is a liveable, accessible and inclusive city where everyone has the opportunity to participate fully in our community.

Vision two: One accessible and inclusive experience of service for all

PRINCIPLES

Equity

Everyone has the same rights and opportunities. Human rights are protected as the fundamental foundation of all Council policy and practise.

Inclusion

Hutt City encourages the involvement of all people in our community. The value of a fully inclusive and mutually supportive community is respected.

Partnership

People with disabilities are involved in community decision making processes.

Awareness and respect for all abilities

Recognise and value a person’s abilities and their potential to contribute rather than focusing on reasons why they cannot.

Leadership

Hutt City Council will provide leadership to the wider community by demonstrating a commitment to the vision through its internal policies and practices.

Barrier free

The need to eliminate barriers created by the social and physical environment that interfere with the human rights of disabled people.

GOALS

Goal 1:

Council communication and information is accessible to all people

· Accessibility of HCC websites and published information

· Voting information is provided in easy read and captioned when online

KPIs

Accessibility of HCC websites and published information

i. The Ministry of Social Development guidelines on best practice communication are applied when developing communications material and engaging face to face (kanohi ki te kanohi).

https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/planning-strategy/accessibility-guide/accessible-communications.pdf

ii. Council’s website is in the top 5% in New Zealand for accessibility to disabled people

iii. Council’s website contains an “Accessibility page” which gives options for feedback and use of the website

iv. Key strategy and policy documents are easy to access and read. This means

o They are not only available in PDF form

o The font size, colour and contrast used is easily readable by people with sight impairments

Voting information

i. Council promotes accessible voting information with the Electoral Commission.

Goal Two

Council culture and processes^{^[3]} include disability awareness and staff receive appropriate training

KPIs

i. All council staff receive regular disability awareness training measured by HR records of training staff receive this includes:

a. Induction processes

b. The level of visibility of practical assistance that is available e.g. assistance for hearing and sight impaired

c. Contracts containing disability focused requirements

ii. That relevant officers are introduced to the Advisory Group once it is established to advise the group on their areas of responsibility and establish a process for involving the Advisory Group in decision making processes where decisions will have a direct impact on the disability community. Specific areas include:

· Strategy and Planning

· Community Partnerships

· Leisure Active

· City Development

· Libraries

· Museums

· Parks and Gardens

· Environmental Policy

· Urban Design

· Road and Traffic

· Environmental Consents

· City Promotions (includes web site development)

Goal Three:

All people are able to move about the city easily and safely without being limited by the physical environment

KPIs

i. Street Audits of Lower Hutt are carried out on a regular basis measured by the street audit report

ii. Council makes every effort to ensure that all Council owned assets and facilities are accessible and inclusive to all people.

Goal Four:

In order to give effect to Articles 8 and 9 itself Council will champion and promote employment opportunities for people with impairments and also:

KPIs

i. Establish an Accessibility and Inclusiveness Advisory Group (AIAG)

ii. Provide support to groups in the community that are giving effect to CRPD articles 8 & 9

a. Provide opportunities for valid employment of disabled people where possible

b. Ensure job descriptions make it clear that disability is not a barrier to employment at Council

Review

The Accessibility and Inclusiveness Plan will be reviewed every three to five years.

DEFINITIONS

Meaningful participation is:

· the active involvement of informed citizens in government decision-making outside the ballot box

· ensuring that citizen needs, concerns and values are represented in policy and action.^{^[4]}

Diversity

The concept of diversity encompasses acceptance and respect. It means understanding that each individual is unique, and recognizing our individual differences. It is about understanding each other and moving beyond simple tolerance to embracing and celebrating the rich dimensions of diversity contained within each individual.^{^[5]}

Accessibility

Accessibility refers to the design of products, devices, services, or environments for people with disabilities. The concept of accessible design ensures both "direct access" (i.e. unassisted) and "indirect access" meaning compatibility with a person's assistive technology (for example, computer screen readers). Accessibility is strongly related to universal design which is the process of creating products that are usable by people with the widest possible range of abilities, operating within the widest possible range of situations. This is about making things accessible to all people (whether they have a disability or not^{^[6]})

Inclusiveness

Inclusion of people with disabilities in society means involving them in every aspect of social participation others enjoy. Inclusion is something that must come from a desire to include them in the activities of the community, family, friendships and more and therefore must come from the actual desire to spend time with and interact with them. Including people with disabilities is something that you cannot legislate into the hearts and minds of people; it is something that people must want.^{^[7]}

Attachment 2

Terms of Reference for Hutt City Council’s Accessibility and Inclusiveness Plan 2017-2027

This Terms of Reference (ToR) sets out the roles and timelines for the development of the Hutt City Council’s Accessibility and Inclusiveness Plan 2017-2027.

The ToR covers:

· Project title and purpose

· Background/introduction

· Roles

· Project goals and objectives

· Sequential phases of work, represented as milestones

· Budgetary considerations

Terms of Reference

Project Title

Hutt City Council’s Accessibility and Inclusiveness Plan 2017-2027

Background

1.1 million or 24% of people in New Zealand identify as being disabled. This represents almost a quarter of New Zealand’s population and translates in Lower Hutt to 24,480 people living with disabilities in the city.

People aged 65 or over are much more likely to be disabled (59 percent) than adults under 65 years (21 percent) or children under 15 years (11 percent) and Māori and Pacific people have higher-than-average disability rates. Hutt City, as all cities, has an aging population. There are also more Maori and Pacific people living in Hutt City than the region as a whole – 16.2% and 10.4% compared to 12.4% and 7.7% regionally.

Disability is something that happens when people with impairments face barriers because the world we live in has been designed by people who don’t realise that not everyone is the same.

Central government has had a Disability Strategy in place since 2001 and many Councils across New Zealand have developed Disability Strategies in response and work actively with the sector to advance the rights and aspirations of disabled people in their communities.

Introduction

On 19 May 2016, the disability community partnered with Hutt City Council and held a forum at the Dowse to discuss and make recommendations on how Council might influence the liveability of the city for all people living here. The discussion focused on:

· Accessibility – ensuring everyone can easily access and use shared spaces, public transport, public information and media and Council facilities

· Inclusiveness – ensuring everyone in the city experiences the equal rights of citizenship

Those attending the Forum gave Councillors and staff present two key messages:

· we are ordinary kiwis – children, parents, grandparents, and friends – and we want to be able to contribute to our families and participate in our communities just like everybody else;

· we want to work collaboratively with Council to develop and implement a plan to make sure all people living in Lower Hutt gare given a fair go in achieving the aspirations they have for themselves, their families and the city.

Further discussions have led to the development of this draft Terms of Reference for discussion at a second forum.

Purpose

Development of Council’s Accessibility and Inclusiveness Plan 2017-2027

Project Manager

Wendy Moore, Divisional Manager, Strategy and Planning

Project Team

· Nick Ruane

· Raewyn Hailes

· Lucy Knowles

· Stamatina Bell

Wider project group

· Lower Hutt Disability Forum

Internal Stakeholders

· Strategy and Planning

· Community Partnerships

· Leisure Active

· City Development

· Libraries

· Parks and Reserves

· Environmental Policy

· Urban Design

· Road and Traffic

· Environmental Consents

· City Promotions (includes web site development)

External Stakeholders

· Office for Disability Issues

· CCS Disability Action

· HV Disability Resources Trust

· Autism New Zealand

· Iwi/Maori and Pacific Island community organizations

· Health organisations

· Other social service providers and community groups (e.g. Budget Advisory Service)

· Churches and youth groups

Budgetary Considerations

· Engagement workshops

· Any others?

Project Goals

Project Objectives

Key Milestones

Goal 1: Develop an Accessibility and Inclusiveness Plan 2017-2027 for Hutt City in partnership with the disability community for presentation to Hutt City Council

Goal 2: Engage with the disability community and wider community

Goal 3: Finalise the Accessibility and Inclusiveness Plan 2017-2027 subject to any amendments arising from consultation

Goal 4: Implementation of policy

Objective 1.1

Collect relevant facts and trends in relation to disability in Hutt City

Objective 1.2

Ensure Council sign off on draft Accessibility and Inclusiveness Plan 2017-2027 for engagement

Milestone 1

Milestone 2

Research the current climate on disability, nationally and locally, through relevant documentation and work with the disability community in Lower Hutt

Develop a draft Accessibility and Inclusiveness Plan 2017-2027 for engagement with the disability community that includes information on:

· Background

· Any legislation and or national document

· Mitigation of social impact

· Snapshot of current disability in Hutt City

· Vision

· Principles and underlying approach

· Goals

· Monitoring and reporting on progress

Completed

Objective 2.1

Work with Community Partnerships to facilitate Council’s preferred community consultation process

Milestone 4

· Undertake engagement signed off by Council

· Collate engagement findings

· Compare with draft Accessibility and Inclusiveness Plan and adjust where appropriate.

Completed

Objective 3.1

Plan finalised to take account of any amendments arising from community consultation

Milestone 5

· Report back to Council

· Accessibility and Inclusiveness Plan 2017-2027 adopted

· Council signs off on plan

Objective 4.1

Establish Accessibility and Inclusiveness Advisory Group

Objective 4.2

AIAG Group

· Develops work plan for AIGI to work to and a reporting structure including

i. Specific projects aimed at achieving the broad goals outlined in the Plan

ii. SMART targets to measure progress towards achieving projects

Milestone 6

· Establish AIAG

· AIAG agrees meeting schedule and process for addressing Council

· AIAG develops work plan relevant to the goals in the Accessibility and Inclusiveness Plan 2017-2027 with specific projects aimed at achieving those goals

· AIAG develops SMART targets to report against that reflect the KPIs developed by the disability community

68 27 February 2017

Policy and Regulatory

01 February 2017

File: (17/122)

Report no: PRC2017/1/53

Dog Control Bylaw
Dog Trial Feedback and Recommendations

Recommendations

It is recommended that the Committee recommends that Council:

(i) notes that dog areas around Wainuiomata Road and Maire Street shops, Wainuiomata; Jackson Street, Petone; Rimu and Oroua Streets, Eastbourne; and Days Bay on the beach north of the wharf, Eastbourne have been reviewed after a 12 month trial period;

(ii) notes the results from the 12 month trial period outlined in the officer’s report;

(iii) agrees to delete maps 41, 44 and 51 attached to the Dog Control Bylaw 2015;

(iv) agrees to end the 12 month trial period “Dogs On Leash Exercise Areas” associated with maps 41, 44 and 51. This will mean these areas are simply public areas where dogs can be exercised on leash. For completeness, these trial areas contained the following descriptions:

(a) allows dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road, Wainuiomata outlined in the map attached as Appendix 1 to the report;

(b) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road, outlined in the map attached as Appendix 2 to the report; and

(c) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets, Eastbourne, outlined in the map attached as Appendix 3 to the report;

(v) agrees to delete map 54 attached to the Dog Control Bylaw 2015 and directs officers to make the necessary amendments to the remaining maps to give effect to the resolution below; and

(vi) resolves that the area in Days Bay on the beach north of the wharf, outlined in map 54, attached as Appendix 4 to the report, will be:

(a) a Dog Exercise Area between 7.00pm and 10.00am from

1 December to 31 March every year;

(b) a Dog Exercise Area at all times from 1 April to 30 November ; and

Background

1. In 2015 Council reviewed the Dog Control Bylaw and adopted a new Bylaw that became effective in February 2016 with four areas to be reviewed after a 12 month trial period. These four areas were to trial changes from the existing bylaw. To have a rule in the bylaw there has to be a justified reason for that rule. Council considered the reason for the rule in these areas was no longer justified however thought it was appropriate for the public to give feedback on the changes over a 12 month trial period.

Results of trials

Wainuiomata

2. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically footpaths and berms on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road. Refer map 51 of the Dog Bylaw, as attached as Appendix 1 to the report.

Results of trial

3. Three submissions were received in support of dog on leash during the trial period.

Staff comment

4. Given feedback received and no other feedback received by officers, Council officers consider that there is no reason to keep the rule prohibiting dogs in this area.

Recommendation

5. Allow dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road.

Petone Jackson St,

6. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically:

the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road. Refer map 41 of the Dog Bylaw, as attached as Appendix 2 to the report.

Results of trial

7. Two submissions opposed the presence of dogs in Jackson Street. Thirteen submissions were in favour of allowing dogs on leash in Jackson Street.

Staff comment

8. Given feedback received and that there was no other feedback to officers during the trial period, Council officers consider that there is no reason to keep the rule prohibiting dogs in Jacksons St. This was surprising to staff as significant publicity had been generated during the development of the bylaw with submissions in favour of allowing dogs on leash down Jackson Street.

Recommendation

9. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackso Street, Petone, between its intersections with Cuba Street and Hutt Road.

Rimu and Oroua Streets.

10. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Rimu and Oroua Streets. Refer to map 44 of the Dog Bylaw, as attached as Appendix 3 of the report.

Results of trial

11. Four submissions were opposed to the presence of dog on leash and 27 submissions were in favour of allowing dog on leash on the footpath and berm.

Staff comment

12. Given the submissions received and some feedback to officers saying allowing dog on leash in this area is what we already do here, Council officers consider that there is no reason to keep the rule prohibiting dogs in Rimu and Oroua Streets.

Recommendation

13. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets

Days Bay Beach north of wharf

14. The previous bylaw prohibited dogs in this area. The trial allowed dogs on the beach to be off leash.

15. Due to public feedback and the concern of safety of children around dogs over the summer period Council changed its original position from allowing dogs on the beach off lead at all the times to allowing dogs off leash between 8pm to 9am from the start of daylight saving (25 September). Council resolved:

“That Council:

(i) agrees that when daylight savings starts that dogs are only permitted off leash north of the Days Bay Wharf, Eastbourne after 8.00pm until 9.00am, and at all other times must be on a leash; and

(ii) notes that this is in line with the rest of the City’s beach areas, where dogs are required to be leashed between those respective times.”

16. Since that date Council has received a further 72 submissions in favour of the new times with 37 of these requesting dogs off leash from 7pm to 10am, 1 December to 31 March the rest of the year dogs allowed off leash.

17. Some submissions also requested council to prohibit dogs from the beach on Saturdays, Sundays and public holidays between 10am and 7pm. After some robust discussion centred on the lack of use of the beach during winter by anyone other than dog walkers, the Eastbourne Community Board voted unanimously to remove the recommendation.

18. Eight submissions were opposed to any dogs on the beach.

Staff Comment

19. Council Officers agree that the dogs should not be allowed to intimidate the public and this ties into the usage of the beach time by the public, so prohibiting dogs from the beach between 10am to 7.00pm from 1 December to 31March, is supported by video evidence and local residents observations. Feedback would also suggest that the beach does not get that much use other than by dog walkers during the rest of the year. Most of these dog owners are locals, very responsible and pick up debris and generally take pride in keeping “their” beach pristine for other users, for which council is grateful.

20. Council has the ability by resolution to change these rules if they do not work at any time.

Recommendation

21. Allow dogs off leash on the beach north of Days Bay between the hours of 7.00pm to 10.00am, between 1 December – 31 March and allow dogs off leash from 1 April to 30 November .

Appendices

No.	Title	Page
1 ⇩	Map 51 Wainuiomata Road, Wainuiomata	73
2 ⇩	Map 41 Jackson Street, Petone	74
3 ⇩	Map 44 Rimu Street, Eastbourne	75
4 ⇩	Map 54 Days Bay, Eastbourne	76

Author: Geoff Stuart

Divisional Manager, Regulatory Services

Reviewed By: Bradley Cato

Solicitor

Approved By: Joycelyn Raffills

General Manager, Governance and Regulatory

77 27 February 2017

Policy and Regulatory

03 November 2016

File: (16/1219)

Report no: PRC2017/1/54

Public Art - Opportunities and Gaps

Purpose of Report

The purpose of this report is to:

1. Report back on opportunities and gaps identified in the investigation into public art in Hutt City;

2. Make recommendations on solutions to these issues to address the opportunities and gaps identified; and

3. Make recommendations regarding the terms of reference (TOR) and membership of the Public Art Advisory Group (PAAG)

Recommendations

It is recommended that the Committee recommend that Council:

(i) agrees to funding for:

(a) an audit and condition report on council’s existing public art works and the development of a 10year plan for remedial and ongoing maintenance work;

(b) a part time public art position within Council;

(ii) note that this funding will come from existing budgets;

(iii) agree to establish the Public Art Advisory Group (PAAG) and the recommended expert members for that group as attached in Appendix 1 to the report;

(iv) approve the Terms of Reference (TOR) for the PAAG as attached in Appendix 2 to the report; and

(v) agree to an investigation into a percentage funding approach for all infrastructure and similar projects to include public art for incorporation into the new public art policy.

Background

1. On 2 August 2016 Council agreed:

(i) to approve the final Arts and Culture Policy

(ii) to the development of an implementation plan for the Arts and Culture Policy 2016-2021;

(iii) to the establishment of a Public Art Advisory Group following the 2016 triennial elections;

(iv) that the Public Art Advisory Group be appointed by the Councilor appointed to the Arts Portfolio and the Chair of the Policy and Regulatory Committee following the 2016 triennial elections;

(v) to consider recommendations from the Public Art Advisory Group regarding the level of specific funding The Dowse Art Museum will receive as an increase to its operational budget to oversee the maintenance work required for public art works during the 2017 Annual Plan process;

(vi) to the development of a Public Art Policy and Guidelines by the Public Art Advisory Group; and

(vii) directed officers to proceed with the work to establish a Public Art Advisory Group.

This report is the next step in this process.

2. Public consultation was undertaken in 2016 for the development Hutt City’s Arts and Culture Policy. Workshop participants identified several issues of concern to them about the city: a lack of pride caused by poor urban design and being rundown^{^[9]}; poor urban form^{^[10]}; residents leaving the Hutt to go to Wellington for their arts and culture; low population growth^{^[11]}; and a lack of vibrancy and attractiveness to those outside the region who might visit or move here.

3. The Arts and Culture Policy noted:

- The lack of a strategic programme approach to public art.

- The lack of Maori representation in public art in the city;

- The lack of specialised dedicated public art expertise within Council

- Limited funds available for Public Art

- Procurement issues in public art and

- Asset management issues

4. This report identifies how Hutt City Council’s current approach to Public Art can deliver more effective solutions for these issues. This is particularly important given the level of investment Council is making towards the rejuvenation of the city. Excellent Public Art can enhance rejuvenation projects and compliment important developments such as the Riverlink and community hubs.

Discussion

5. Good public art is a necessary part of making Hutt City “a great place to live, work and play”.

6. Public art can help create a sense of identity and pride for Hutt City and develop a positive reputation for the city nationally and internationally. It attracts innovative thinkers who create opportunity and prosperity. It can powerfully revitalise struggling city centres, with the ability to reframe rundown areas into areas of visual amenity and creative vitality, often for a fraction of the cost of full architectural urban design solutions. It creates destinations and is a vital aspect of world-class public spaces. It has an essential role to play in revitalisation strategies like Making Places as well as being a key tool for delivering the Leisure and Wellbeing Strategy.

7. Extensive consultation with council officers and key external stakeholders has shown unanimous support and/or enthusiasm for public art along with a strong sense that more should be happening in this area in Hutt City. The value of public art was widely recognised by officers at all levels, who understood that public art can add value to both their projects and to the city generally. Public art was widely understood as having an excellent cost-to-value ratio.

8. There was general support for setting aside or using funds from their budgets for public art, either through a percent for art mechanism, or by integrating artworks into existing public works projects.

9. Overall there was a sense that council does not currently have the capacity to manage the public art activity that will be required in the coming years, particularly in relation to Making Places and the Riverlink Project, which were widely identified as requiring the development of high quality public artworks. There was a sense that a review of, and changes in, how public art is delivered at Hutt City is both necessary and timely.

“If our CBD had well-renowned public art, it would make it more attractive for people to be there, and developers will follow where the people are.”

Issues emerging from interviews and analysis of current processes:

10. Our interviews with officers and key external stakeholders, and research into council’s current public art processes, identified the following issues:

- a lack of a strategic programme approach to public art.

- a lack of Maori representation and consultation in public art in the city

- a lack of specialised dedicated public art expertise within Council, leading to issues with public art procurement, planning and management;

- a lack of dedicated funds available for public art; and

- asset management issues.

Options for solutions to these issues are examined in detail below.

Lack of strategic programme approach

11. Currently, there is a lack of strategic direction in public art in Hutt City. There is no overall plan or strategy for public art which would allow it to deliver Council’s goals more effectively – particularly the goals focused on the rejuvenation of the city. At present there is:

- no coordination of public art activities across council – non-expert officers work separately from each other to identify where and when public art should be commissioned;

- no city-wide plan^{^[12]} identifying where public art development activity should be focused, and what that activity should aim to achieve in those areas; and

- a lack of plans or processes to assist in prioritising potential public art sites and projects.

12. Having a strategy and plan for public art spending would mean that all projects are evaluated against each other for their potential to deliver Council’s goals, so only the most effective projects are funded. This could allow significant positive changes to be delivered in Hutt City, via public art, for little or no extra cost.

Symptoms:

- Artworks not happening in the areas that would benefit most;

- Works not being incorporated into developments in a timely manner, which ultimately results in increased costs and reduced options; and

- Artworks not being incorporated in developments where they could have been delivered for little or no extra funds, and/or where they would have delivered cost-saving benefits like graffiti protection.

Recommended Solutions:

- A dedicated part-time Public Art Manager who:

o Develops a Public Art policy and guidelines

o Works across Council to ensure a coordinated and strategic approach with the appropriate level of quality;

o Works with E Tu Awa Kairangi, Hutt City’s Public Art Trust, to deliver a coherent whole-of-programme approach to public art that aligns with Council’s strategic aims and priorities; and

o Ensures the Trust is informed of opportunities for partnerships with Council and participation in major urban or hub development projects.

- The establishment of the Public Art Advisory Group

Lack of Public Art Expertise

13. Hutt City’s art activities are not driven by experts with a strategic overview and knowledge of how to procure high quality artworks and curate a programme that delivers to Council goals.

14. Public art in Hutt City can, and does, happen without any expert input. When expert advice is sought, the Community Arts Advisor and/or Dowse staff are asked to fulfill this role. However, relying on these sources for advice is problematic for several reasons:

- The Dowse does not have the staff resources available to advice on public art, and public art is outside their core business. They are not resourced to deliver public art advice and their resources are already stretched in delivering their core business.

- Dowse staff are specialised in exhibition development, which is a different field to public art.

- Expertise in community art is not the same as expertise in public art. Community art is a different field from public art: community art is art produced by amateur artists (members of the community), sometimes with the assistance of professionals. Public art is art produced by professional artists. These fields have very different goals and methods.

15. The lack of public art expertise in Hutt City Council also leads to technical and maintenance issues in public art commissions compounded by poor contracts that do not identify responsibilities and processes for durability and maintenance. This has also led to compromises in development processes, which can result in low quality, cost and timeframe blowouts and ultimately a difficulty in getting professional artists on board.

16. Professional artists can be reluctant to participate in a public art programme that is not run by art experts. Artist’s careers are built on their reputation, and they are understandably reluctant to risk their reputation on projects that may compromise the artwork’s quality. They are also reluctant to participate where their expertise and status within the industry are not acknowledged. They will not allow their work to appear alongside amateur artist’s work unless it is clearly differentiated. They need to be sure that their work will not be interpreted or used in ways that compromise their reputation.

17. Expertise in public art, along with a sound gifting policy, would also allow council to assess and gracefully reject inappropriate gifts or proposals coming from the public.

Symptoms:

- Projects that fail to be implemented due to poor quality;

- Officers making public art decisions even though they do not feel qualified to do so;

- Inconsistent quality in artworks;

- Professional artists unwilling to take advantage of opportunities offered and not participating in creative initiatives such as About Space;

- Difficulties in saying no to projects and artworks offered by members of the community, even if the quality is poor;

- Projects utilising project management processes and timeframes not well suited to working with artists, leading to compromises in quality;

- Technical issues with artworks purchased from Shapeshifter and permanently sited while not having been designed to permanently withstand conditions at that site, leading to extra ongoing costs; and

- Missed opportunities to incorporate artworks into capital developments at little or no extra cost.

Recommended Solutions:

- A dedicated part-time Public Art Manager who has a high level of public art expertise, and who can advise across council on public art projects, identify opportunities, and ensure a coordinated approach.

- The establishment of the PAAG to provide advice to council and Et Tu on strategic direction and project selection, and work with the Public Art Manager to deliver a high quality, good value for money, public art programme.

- Incorporate a gifting policy into the public art policy.

Asset Management Issues

18. Currently, there is no coordinated approach to maintenance for public art in the city’s collection. Maintenance relies on the works being adopted into other budgets but there is no standard process to indicate when this should happen, and as a result, some works are not being maintained. No funding has been allocated to public art maintenance and it is unclear where accountability lies. There is no process to identify when work is required, and officers feel that they do not have the right expertise to decide if a work needs maintenance, or what to do if it does.

19. Two examples of works urgently requiring remedial maintenance include the Russell Clark work outside the Little Café, which has deteriorating concrete and rusty exposed substructure^{^[13]}, and Play Modules by Anne Marie van Splunter (commonly known as the Snake) in Dowse Square, the surface of which is severely damaged and discoloured. These works are on prominent sites in the central city and it is damaging to the city’s image to have them appear in the dilapidated state they currently do.

20. Maintenance that is being done on public artworks owned by the city is that which fits within standard asset management maintenance processes, such as water blasting steel or concrete sculptures as part of wider parks maintenance. Maintenance that does not fit within standard processes is only being done if the works have maintenance plans, and have been adopted into Parks budgets.

21. There is no list of existing works identifying their position and condition. There are also no maintenance plans for most works not commissioned by E Tu Awa Kairangi.

22. A comprehensive condition reporting/assessment of existing works is required to identify works that need remedial maintenance, and which are being looked after well under current protocols.

23. If major maintenance is needed on specific works, they should be assessed to ascertain whether they should be kept or deaccessioned. This needs to be done by people with public art expertise and authority, as it can be controversial. The PAAG would be best placed to deal with this. A deaccessioning process and policy is required.

24. Initially it was proposed that a maintenance budget for public art be established and allocated to The Dowse. As our analysis has progressed it has become clear that this is not the best solution for public art maintenance because:

- The Dowse does not have the capacity – their staff are already overcommitted.

- The Dowse does not have the necessary expertise in house – they outsource their own conservation work

- The expertise that would be required would only be required intermittently and is thus better outsourced

- Some basic maintenance, such as water blasting to clean sculptures, is already being done adequately by Parks within existing budgets as part of general parks maintenance. If this basic maintenance was reallocated to a separate public art maintenance team, efficiencies would be lost. The maintenance work that Parks are not doing is the specialist maintenance, which needs to be outsourced anyway.

Recommended Solutions:

- Commission a condition report and 10year remedial maintenance plan from a conservator, incorporating all current works (estimated cost $15-20k).

- Allocate overall responsibility for ensuring that public artworks are well maintained to the proposed internal Public Art Manager.

- Incorporate a deaccessioning policy within the new public art policy.

- Standard artist’s contracts which include a maintenance plan should be implemented for all council art commissions.

Lack of Dedicated Public Art Funds

25. Funds earmarked for public art are currently being lost to other priorities. Public art is “always the first to go” when a project runs out of money. Public art is budgeted for in most capital developments and some events, but its funding is often cut when overruns in other areas need to be balanced. If public art is a line in the budget like all other items, it will very often be cut or drastically reduced in the development process.

26. Even if the budget does not run over, the public art component of a development project may not eventuate because it has been left too late so that its funding could be reserved in case it was needed elsewhere. This means the work can no longer be effectively integrated and it becomes an afterthought that no longer fits within the project development timeframe.

27. Even where there incorporating art makes financial sense in the longer term, such as where it provides graffiti deterrence, it is sometimes being cut due to short term budget pressures.

Symptoms:

- Very few significant public artworks;

- Developments where art has been cut, leaving bland public interfaces, empty spaces, and/or blank walls vulnerable to graffiti;

- the cutting of Maori artworks from CFT projects, such as the pou at Stokes Valley Hub;

- Missed opportunities to develop local pride and identity;

- Artworks that will not be as well integrated into their sites as they could have been, because they have been left to be developed later;

- Extra costs when provisions that may not be required, such as power and structural reinforcement, are put in place for the artwork in case they are needed when it is eventually commissioned; and

- Lost opportunities for artists to design aspects of developments that are required anyway such as paving, glazing, wind shelters, etc. as artworks for little or no extra cost.

Recommended Solutions

28. That the following be investigated for possible implementation at Hutt City:

- Percent for art for external grants – attach conditions to Council Grants to CFT and others that require a certain percentage of the grant to be spent on art.

- Include art as part of development negotiations – if developers include art then certain concessions can be granted.

- A requirement for public art when external developments are being supported financially by council, e.g. the new four-star Hotel in the CBD.

- A percent for art policy for internal CAPEX expenditure on major developments. Include in the new public art policy that internal development projects over 1m need to set aside 2% for art. These funds would be allocated to the City’s public art budget, to be used to provide work for that development if appropriate, or for other areas of the city if there are other strategic priorities deemed more appropriate.

29. Further, the public art policy can put into place processes that ensure public art can be initiated early in major projects so that it can be properly integrated.

Lack of visibility of Mana Whenua in Hutt City’s Public Art

30. Currently there is very little public art in Hutt City that increases the visibility of mana whenua. This was identified as a key issue in the public consultation undertaken for the Arts and Culture Policy in 2016.

31. Te Atiawa identify Maori art that is developed in consultation with them as an essential aspect of Hutt City’s public art programme, and an important part of their relationship with Council.

32. Ensuring this kind of representation takes place is also best practice in public art nationally and internationally.

33. We ran a pan-iwi workshop on public art at Waiwhetu Marae and the key feedback was that:

- representation of Maori in public art is important;

- the other iwi present consider Te Atiawa as represented by Waiwhetu Marae to be the most appropriate point of consultation for Council in public art matters, and

- Council needs to build a relationship with tangata whenua (Te Atiawa) in order to achieve representation of Maori in public art.

Recommended Solutions:

- Establish an appropriate contact point for tangata whenua and build an ongoing relationship around public art. The best person to build this relationship would be a dedicated Public Art Manager.

- Ensure the policy requires the inclusion of representation of tangata whenua in the public art programme.

Options

34. The Committee has the following options:

i. Agree to funding for:

a. an audit and condition report on council’s existing public art works and the development of a 10year plan for remedial and ongoing maintenance work;

b. a part time public art position within Council;

ii. note that this funding will come from existing budgets;

iii. agree to establish the Public Art Advisory Group (PAAG) and the recommended expert members for that group as attached in Appendix 1 to the report;

iv. approve the Terms of Reference (TOR) for the PAAG as attached in Appendix 2 to the report; and

v. agree to an investigation into a percentage funding approach for all infrastructure and similar projects to include public art for incorporation into the new public art policy.

i. request further information and/or options from Officers before approving any, or all, of these options.

35. Council’s vision for the future of the city is one of sustainable growth and development, revitalisation and rejuvenation and the provision of best local government services.

36. Research shows that public art is a powerful tool to deliver these goals. Public art is an essential part of a vibrant city - it attracts talented people who in turn develop entrepreneurial and innovative projects that contribute to economic growth.

37. The recommended changes would allow Council to deliver public art in a strategic and cost-effective manner, achieving significant positive effects for Hutt City.

Consultation

38. Twenty-eight one-on-one and two two-on-one interviews with Council Officers and external stakeholders have been undertaken for this report. We have also held a workshop with artists interested in working in Hutt City and a Cross-Iwi Hui hosted by Waiwhetu Marae. See Appendix 3, as attached to the report, for names of participants and interviewees.

Legal Considerations

39. There are no legal considerations at this stage.

Financial Considerations

40. Funds are needed to establish a part time Public Art Manager position within council, and to conduct a maintenance assessment and develop a remedial maintenance plan. A job description has been developed and discussion with HR indicates that the cost of a 25 hour per week position would be $50k per annum. This could be funded from existing budgets in particular from the Making Places budget as the role would ultimately sit with Urban Design and report to the City Development Committee.

41. Funds are also needed to commission a condition report and 10year remedial maintenance plan from a conservator, incorporating all current works (estimated one-off cost $15-20k). This could also be funded from existing budgets in particular from the Making Places budget

42. Investing these funds would allow greater efficiencies and value to be obtained within current and future spending on public art throughout council ensuring that it is strategic and effective. It would also ensure that previous investment in public artworks is protected, with existing artworks being maintained or removed so they do not continue to be a liability for council.

Other Considerations

43. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it will contribute to the development of a vibrant and thriving arts and culture sector and complement the investment Council is making in the rejuvenation of the city. It does this in a way that is cost-effective because it ensures funds are being spent strategically.

Appendices

No.	Title	Page
1 ⇩	Proposed Members Public Art Advisory Group	88
2 ⇩	Terms of Reference for Hutt City Public Art Advisory Group	91
3 ⇩	Hutt City Public Art Research Report	94

Author: Amanda Waijers

Contractor Policy

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

Attachment 3

Hutt City Public Art Research Report

Public Art at Hutt City: Research Report

Research Aims

This research was conducted as part of Hutt City Council’s Public Art Policy development and Public Art Advisory Group establishment process.

The aims of this research were to:

a. Learn how public art is currently operating in Hutt City;

b. Identify opportunities and gaps in public art in Hutt City; and

c. Hear stakeholders’ vision for public art at Hutt City.

Background

On 2 August 2016 Council agreed:

(i) to approve the final Arts and Culture Policy

(ii) to the development of an implementation plan for the Arts and Culture Policy 2016-2021;

(iii) to the establishment of a Public Art Advisory Group following the 2016 triennial elections;

(iv) that the Public Art Advisory Group be appointed by the Councillor appointed to the Arts Portfolio and the Chair of the Policy and Regulatory Committee following the 2016 triennial elections;

(vi) to the development of a Public Art Policy and Guidelines by the Public Art Advisory Group; and

(vii) directed officers to proceed with the work to establish a Public Art Advisory Group.

This research report informs the next step in this process. It builds on public consultation undertaken in 2016 for the development of Hutt City’s Arts and Culture Policy. In this earlier consultation, workshop participants identified several issues of concern to them about the city: a lack of pride caused by poor urban design and being rundown^{^[14]}; poor urban form^{^[15]}; residents leaving the Hutt to go to Wellington for their arts and culture; low population growth^{^[16]}; and a lack of vibrancy and attractiveness to those outside the region who might visit or move here.

The Arts and Culture Policy noted:

- The lack of a strategic programme approach to public art.

- The lack of Māori representation in public art in the city;

- The lack of specialised dedicated public art expertise within Council

- Limited funds available for Public Art

- Procurement issues in public art and

- Asset management issues

The report identifies how public art currently works in Hutt City, the stakeholder’s vision for the future of public art at Hutt City and areas for improvement.

Consultation

Twenty-eight one-on-one interviews and two two-on-one interviews with Council Officers and external stakeholders were undertaken for the development of this report. A workshop with artists interested in working in Hutt City and a cross-iwi hui, which was hosted by Waiwhetu Marae, were also held.

Participants were asked if they would share their views on how public art is currently working in Hutt City: what’s working well, what could be improved, and what they would like to see happening in the future.

Interview Participants

Aaron Marsh (Parks Assets Manager); Allen Yip (Manager Strategic Projects); Kelly Crandle (Parks and Gardens Reserves Planner); Ian Pike (E Tu Awa Kairangi); Greg Thomas (E Tu); Allan Brown (E Tu); Desiree Mulligan (E Tu); Mark Amery (Manager, Letting Space); Matt Reid (GM Community Services); Carla Steed (Events); Kyle Joseph (Former Business Operations Manager, The Dowse); Craig Cottrill (Reserves Asset Manager); Chris Close (Projects Manager Parks and Gardens); Murray Hewitt (Artist and Exhibitions Preparator, The Dowse); Gerda Nana (Exhibitions and Projects Manager, The Dowse); Margaret Willard (Former Councillor); Brad Monaghan (Manager City Promotions); Gary Craig (City and Community Development Manager); Eve Armstrong (Wellington City Council Public Art Manager); Bruce Hodgins(Divisional Manager, Parks and Gardens); Paki Maaka (Urban Design Manager); John Gloag (Division Manager Road and Traffic); Peter Healy (General Manager, Community Facilities Trust); Pippa Sanderson (Community Art Advisor); Stephen Keatley (Community Facilities Manager); Lesley Slieker (Manager, Taita Sport & Recreation Centre); Courtney Johnston (Director, The Dowse); Cyndi Christensen (CBD Development Manager); Bronwyn Holloway-Smith (Artist); Sue Elliot (Chair Wellington Sculpture Trust); Maria O’Toole and Cath Haley (Artists).

Summary

1. Good public art is a necessary part of making Hutt City “a great place to live, work and play”.

2. There is unanimous support and/or enthusiasm for public art along with a strong sense that more should be happening in this area in Hutt City. The value of public art was widely recognised by Officers at all levels, who understood that public art can add value to both their projects and to the city generally. Public art was widely understood as having an excellent cost-to-value ratio.

3. There was general support for setting aside or using funds from existing budgets for public art, either through a percent for art mechanism, or by integrating artworks into existing public works projects.

4. Overall there was a sense that council does not currently have the capacity to manage the public art activity that will be required in the coming years to complement and enhance the city’s rejuvenation. This is particularly so in relation to Making Places and the Riverlink Project, which were widely identified as requiring the development of high quality public artworks. There was a sense that a review of, and changes in, how public art is delivered at Hutt City is both necessary and timely.

“If our CBD had well-renowned public art, it would make it more attractive for people to be there, and developers will follow where the people are.”

“Public art, in terms of what it can do for civic pride, is huge.”

Smiling Windmills

Smiling Windmills, Leon van Den Eijkel, Avalon Park.

Context: positive initiatives in a challenging context

Before focussing on the issues in public art at Hutt City, we would like to acknowledge the efforts currently being made to produce public art in a context in which no expert advice, centralised coordination, plan or policy, or dedicated funds are available. Our analysis of the current situation in regards to public art at Hutt City Council shows a tremendous amount of support for public art and a high understanding of its value. Several initiatives have been implemented to try to get more public art happening in the city, with varying degrees of success. Officers are keen to make public art happen, and proposals for public art projects emerge regularly from various departments, despite there currently being nowhere for these proposals to go for assessment and development.

Council’s Community Arts Advisor has been called on to fill a public art role as well as a community art role. She has worked on delivering several public art works, including those in this year’s festival of temporary public art, Common Ground. Common Ground features public art works by local and Wellington artists. The Community Arts Advisor contracted consultancy firm Letting Space to deliver the programme. It still involved significant amount of her time and effort, however, and a large portion of the Community Arts budget. As such, the Community Arts Advisor feels her public art work has come at the cost of her Community Arts work.

Public art is a different field from community art. Public art is produced by professional artists, while community art is produced by members of the community. The aims and processes of these disciplines are quite different. Community art is a grass-roots operation, seeking to help members of the community grow and express themselves through involvement in art activities. Public art operates at the other end of the spectrum, involving the commissioning of quality works by recognised professional artists. It contributes something different to the community: it is aspirational, iconic, inspiring, and thought-provoking. It helps create more tolerant communities by introducing people to different ways of thinking, revitalises cityscapes, and generates a sense of pride. Because they are different fields, the Community Arts Advisor states she has felt out of her depth at times when asked to fulfil a public art role.

Officers in City and Community Development and Strategic Services have been planning to bring more art into the CBD with an initiative called “Art in The City”. They have identified an urgent need for art to revitalise some of the central city’s more rundown areas, to support private developments and improvements. They currently have a mural in development to cover the old Raine and Horne real estate sign on Laing’s Road. The City Development Manager also operates an initiative called About Space, where artists and start-ups are brokered access to vacant shops in the CBD. Artist uptake has mostly been limited to amateur artists so far, and recently there has been some difficulty finding suitable projects, but there is potential to extend and develop this initiative into a platform for professional art, if public art expertise is brought on board.

Making Places also incorporates plans for public art. Eight potential sites for art in the CBD were identified in the 2007 plan. Sites and other forms of artist engagement are currently in the early stages of being identified for the Riverlink development. Artists may contribute to the design of a variety of elements of the Riverlink development, from paving to planting and even aspects of the infrastructure, as well as contributing freestanding sculptures. These possibilities are still to be explored in detail, but the importance of the involvement of public art in this major project has been recognised. There is, however, currently no delivery mechanism for these works outside E Tu Awa Kairangi, Hutt City’s Public Art Trust, which has limited capacity.

E Tu Awa Kairangi is an important part of Hutt City’s public art activity. The Trust, which was initiated in 2007 and is supported with a $50,000 per annum Council grant, has developed or funded several artworks, including Leon van den Eijkel’s Smiling Windmills at Avalon Park, and Lightwing by Andrew Thomas for the Seaview Roundabout, which is due to be installed this year. They recently unveiled a work at Hutt Hospital and several works at Waiwhetu Stream. The Trust is a strong source of advocacy for public art in the community, and have been successful at gaining sponsorship in kind to cover installation costs, though finding funds through sponsorship has proved more difficult. Limited project management and fundraising capacities restricts their scope, however. They would benefit from a closer relationship with Council via a dedicated Council Officer, who could work with them to develop a strategic programme approach for the city.

Although specialised maintenance is not being done and several works are in very poor repair, there is good work being done in public art maintenance in the Parks and Gardens Department. Parks and Gardens have adopted several recent works into their budgets and are administering maintenance plans for them. They also conduct routine maintenance on several works where this work fits within their parks maintenance regimes, such as water blasting sculptures when the surrounding paving is water blasted.

The officers and external stakeholders undertaking these initiatives report significant challenges, gaps and opportunities in Hutt City’s public art activities and assets. Clearly, these initiatives are commendable in a challenging context.

Issues, gaps and opportunities

Our interviews with officers and key external stakeholders, and research into council’s current public art processes, identified the following issues, gaps and opportunities in Hutt City’s current approach to public art:

- a lack of a strategic programme approach to public art.

- a lack of Māori representation and consultation in public art in the city

- a lack of specialised dedicated public art expertise within Council, leading to issues with public art procurement, planning and management;

- a lack of dedicated funds available for Public art; and

- asset management issues.

Lack of strategic programme approach

Currently, there is a lack of strategic direction in public art in Hutt City. There is no overall plan or strategy for public art which would allow it to deliver Council’s goals more effectively – particularly the goals focused on the rejuvenation of the city. At present, there is:

· no coordination of public art activities across council – non-expert officers work separately from each other to identify where and when public art should be commissioned;

· no city-wide plan identifying where public art development activity should be focussed, and what that activity should aim to achieve in those areas; and

· a lack of plans and processes to assist in prioritising potential public art sites and projects.

CBD Making Places 2030 identifies six potential sites as “areas for consideration” for public art, identifies two sites where an artwork is recommended, and develops an overall strategy for the CBD’s development. As such, it will provide a useful, if partial, framework for a future public art programme strategy. It is not itself public art strategy; it is a higher-level document that provides little detail around public art. It also refers only to freestanding sculpture, not integrated artworks, although it does mention digital technologies as well. In addition, Making Places focusses exclusively on the CBD, while a strategic plan for public art would, of course, need to incorporate the city as a whole. Public art activity in recent years has been focussed outside the CBD.

Hutt City’s public art activity is currently not considered as a whole programme. A programme approach to public art would consider the artworks the city already has and identify where further works are needed, and in what order projects should be developed. It would also identify when works should be decommissioned. The programme would be focussed on delivering what Council wants to achieve in the City; it would be targeted towards strategic goals that are specific to public art and link with the city’s strategic goals.

Public art projects need to be prioritised strategically across the city because major art projects can take years to develop and there is limited capacity to develop works. The E Tu Awa Kairangi Trust, which is currently Council’s sole delivery mechanism for freestanding permanent public art, say their capacity is limited due to member’s limited availability, a shortage of project management skills available to them, and by their limited access to funds (due to difficulties encountered in fundraising). These limitations mean they are capable of delivering about 1-2 projects at a time.

Having a programme approach and a city-wide strategy and plan for public art spending would mean that projects are evaluated against each other for their potential to deliver to council’s goals, so only the most effective projects are developed. This could allow significant positive changes to be delivered in Hutt City, via public art, for little or no extra funds.

Symptoms:

· artworks not happening in the areas that would benefit most;

· works not being incorporated into developments in a timely manner, which ultimately results in increased costs and reduced options; and

· artworks not being incorporated in developments where they could have been delivered for little or no extra funds, and/or where they would have delivered cost-saving benefits like graffiti protection.

“There is no overarching strategy for public art identifying who, why, where, when, how do we pay for it, how do we look after it, and decommissioning.”

“Public art here happens in a fractured way.”

“We are working in a framework of ‘there is not a framework’”

“Mechanisms to define what constitutes art, where it should be placed, scale and suitability to site are needed”

Recommended Solutions:

· A part-time Public Art Manager who:

o Develops a Public Art policy and guidelines

o Works across Council to ensure a coordinated and strategic approach with the appropriate level of quality;

o Works with E Tu Awa Kairangi, Hutt City’s Public Art Trust, to deliver a coherent whole-of-programme approach to public art that aligns with Council’s strategic aims and priorities, and

o Ensures the Trust is informed of opportunities for partnerships with Council and participation in major urban or hub development projects.

· The establishment of the Public Art Advisory Group

Play Modules, Anne Marie van Splunter, Dowse Square.

Case Study 1: Play Modules

Play Modules, a large work by the Dutch artist Anne Marie van Splunter, sits in Dowse square. It is one of Hutt City’s most successful, high-quality artworks, though it is currently in poor repair. It supports a variety of uses and users, with teenagers lounging or sitting in groups, older people relaxing and children of all ages playing in different ways. It delivers on Council’s vision to make the CBD a place to relax and meet friends (CBD Vision 2030), and it provides an excellent no-barrier introduction and “way in” to contemporary art and aesthetics for people who may not have previous experience in this area.

Unfortunately, though, there is a clash between this work’s occupation of the Square and the use of this space to stage large events, like the skating rink. When large events require the full use of the square, Play Modules needs to be removed and replaced by fork lift, at a cost of $5,000. The work was not designed to be removed and replaced regularly, and is actually designed to be shifted by crane, not forklift, which would be even more expensive. The forklift operation takes a full day, and damages the work because the modules have indentations designed for crane straps rather than forklift prongs.

Such clashes in site use need to be considered and planned for in public art commissions. Public art activities should be managed from a single central point and consultation done across relevant council departments to ensure that factors impacting on the artwork’s ongoing occupation of its site are planned and budgeted for.

Lack of Public Art Expertise

Hutt City’s art activities are not driven by experts with a strategic overview and knowledge of how to procure high quality artworks and curate a programme that delivers to council goals.

Public art in Hutt City can, and does, happen without any expert input. When expert advice is sought, the Community Arts Advisor and/or Dowse staff are asked to fulfil this role. However, relying on these sources for advice is problematic for several reasons:

· The Dowse does not have the staff resources available to advise on public art, and public art is outside their core business. They are not resourced to deliver public art advice and their resources are already stretched in delivering their core business.

· Dowse staff are specialised in exhibition development, which is a different field to public art.

· Expertise in community art is not the same as expertise in public art. Community art is a different field from public art: community art is art produced by amateur artists (members of the community), sometimes with the assistance of professionals. Public art is art produced by professional artists.

The lack of public art expertise in Hutt City Council also leads to technical and maintenance issues in public art commissions compounded by poor contracts that do not identify responsibilities and processes for durability and maintenance.

This has also led to compromises in development processes, which can result in low quality, cost and timeframe blowouts and ultimately a difficulty in getting professional artists on board.

Professional artists can be reluctant to participate in a public art programme that is not run by art experts. Artist’s careers are built on their reputation, and they are understandably reluctant to risk their reputation on projects that may compromise the artwork’s quality. They are also reluctant to participate where their expertise and status within the industry are not acknowledged. They will not allow their work to appear alongside amateur artist’s work unless it is clearly differentiated. They need to be sure that their work will not be interpreted or used in ways that compromise their reputation.

Expertise in public art, along with a sound gifting policy, would also allow council to assess and gracefully reject inappropriate gifts or proposals coming from the public.

The lack of availability of public art expertise within Council has led to a widespread understanding of public art as consisting solely of freestanding sculptures and murals, when in fact it can take many forms. Currently, public art activity in Hutt City is almost exclusively limited to permanent freestanding artworks (delivered by E Tu) and the temporary event-based works of the Common Ground festival.

Symptoms:

- Projects that fail to be implemented due to poor quality;

- Officers making public art decisions even though they do not feel qualified to do so;

- Inconsistent quality in artworks;

- Professional artists unwilling to take advantage of opportunities offered and not participating in creative initiatives such as About Space;

- Difficulties in saying no to projects and artworks offered by members of the community, even if the quality is poor;

- Projects utilising project management processes and timeframes not well suited to working with artists, leading to compromises in quality;

- Technical issues with artworks purchased from Shapeshifter and permanently sited while not having been designed to permanently withstand conditions at that site, leading to extra ongoing costs;

- Missed opportunities to incorporate artworks into capital developments at little or no extra cost; and

- Commissioned works reflecting a narrow range of the full spectrum of contemporary public art practice.

“Personal tastes are coming into play: who makes the call, who makes the decision – it’s not clear”

“It’s important we in Parks and Gardens are not left to our own devices because we are not experts. I’m not sure who we would talk to [about commissioning a planned work for Riddiford Gardens], maybe we would go along to a staff meeting at the Dowse and hopefully someone would put their hand up”.

Recommended Solutions:

- The establishment of the PAAG to, provide advice to council and E Tu on strategic direction and project selection, and work with the Public Art Manager to deliver a high quality, good value for money, public art programme.

- Incorporate a gifting policy into the public art policy.

Asset Management Issues

Currently, there is no coordinated approach to maintenance for public art in the city’s collection. Maintenance relies on the works being adopted into other budgets but there is no standard process to indicate when this should happen, and as a result, some works are not being maintained. No funding has been allocated to public art maintenance and it is unclear where accountability lies. There is no process to identify when work is required, and officers feel that they do not have the right expertise to decide if a work needs maintenance, or what to do if it does.

Two examples of works urgently requiring remedial maintenance include the Russel Clark work outside the Little Café, which has deteriorating concrete and rusty exposed substructure^{^[17]}, and the Play Modules by Anne Marie Van Splunter (commonly known as the Snake) in Dowse Square, the surface of which is severely damaged and discoloured. These works are on prominent sites in the central city and it is damaging to the city’s image to have them appear in the dilapidated state they currently do.

Maintenance that is being done on public artworks owned by the city is that which fits within standard asset management maintenance processes, such as water blasting steel of concrete sculptures as part of wider parks maintenance. Maintenance that does not fit within standard processes is only being done if the works have maintenance plans, and have been adopted into Parks budgets.

There is no list of existing works identifying their position and condition. There are also no maintenance plans for most works not commissioned by E Tu Awa Kairangi.

A comprehensive condition reporting/assessment of existing works is required to identify works that need remedial maintenance, and which are being looked after well under current protocols.

If major maintenance is needed on specific works, they should be assessed to ascertain whether they should be kept or deaccessioned. This needs to be done by people with public art expertise and authority, as it can be controversial. The PAAG would be best placed to deal with this. A deaccessioning process and policy is required.

Initially it was proposed that a maintenance budget for public art be established and allocated to The Dowse. As our analysis has progressed it has become clear that this is not the best solution for public art maintenance because:

· The Dowse does not have the capacity – their staff are already overcommitted.

· The Dowse does not have the necessary expertise in house – they outsource their own conservation work

· The expertise that would be required would only be required intermittently and is thus better outsourced

· Some basic maintenance, such as water blasting to clean sculptures, is already being done adequately by Parks within existing budgets as part of general parks maintenance. If this basic maintenance was reallocated to a separate public art maintenance team, efficiencies would be lost. The maintenance work that Parks are not doing is the specialist maintenance, which needs to be outsourced anyway.

Recommended Solutions:

· Commission a condition report and 10year remedial maintenance plan from a conservator, incorporating all current works.

· Allocate overall responsibility for ensuring that public artworks are well maintained to the proposed internal Public Art Manager.

· Incorporate a deaccessioning policy within the new public art policy.

· Standard artist’s contracts which include a maintenance plan should be implemented for all council art commissions.

“If someone like me does the best they can for the works, it may not be the best for the works.”

“What happens if you see an artwork that needs work?” “If it’s dangerous, we would do it. If it was looking not great I wouldn’t do anything, because I wouldn’t keep in mind the integrity of the construction. We could be harming the work, so we don’t.”

Lack of Dedicated Public Art Funds

Funds earmarked for public art are currently being lost to other priorities. Public art is “always the first to go” when a project runs out of money. Public art is budgeted for in most capital developments and some events, but its funding is often cut when overruns in other areas need to be balanced. If public art is a line in the budget like all other items, it will very often be cut or drastically reduced in the development process.

Even if the budget does not run over, the public art component of a development project may not eventuate because it has been left too late so that its funding could be reserved in case it was needed elsewhere. This means the work can no longer be effectively integrated and it becomes an afterthought that no longer fits within the project development timeframe.

Even where incorporating art makes financial sense in the longer term, such as where it provides graffiti deterrence, it is sometimes being cut due to short term budget pressures.

Symptoms:

· Very few significant public artworks;

· Developments where art has been cut, leaving bland public interfaces, empty spaces, and/or blank walls vulnerable to graffiti;

· The cutting of Māori artworks from CFT projects such as the Pou at Stokes Valley Hub

· Missed opportunities to develop local pride and identity;

· Artworks that will not be as well integrated into their sites as they could have been, because they have been left to be developed later;

· Extra costs when preparations such as providing power and structural reinforcement need to be put in place in case they may be required when the artwork is eventually commissioned; and

· Lost opportunities for artists to design aspects of projects that are required anyway, such as paving, glazing, wind shelters, etc., as artworks, for little or no extra cost.

“We haven’t been able to set aside anything for new art in the new gardens, but we know from talking to key stakeholders, people are really keen on it.”

In the Walter Nash stadium, $50k was spent on art, which “got local buy-in…improved the look of the building and improved resistance to graffiti – the building has not been hit. [These] artworks have produced a benefit to us. In the Naenae hub project, there are similar concrete tilt slabs, 4-5 metres tall, 10-15m2. There is no money in budget to treat them with art like at Nash. I don’t know what we are going to do about taggers.”

“If I was council, I would tag grants to CFT saying that a certain percentage of the grant needs to be spent on public art. If you don’t tag it practical things come first, and artwork doesn’t come last in the process – you have to make calls quite early on. You can’t just use leftover funds.”

“Nobody would be surprised if a percent for art scheme was implemented.”

“It would be really useful to have a bit of the budget set aside – 1 or 2% would be really good.”

“I have been here for five years and have seen a change from very little art activity to a lot. Not so much professional art though – the City are babies in that. We should be spending in this area.”

“We are investing $8m in the gardens, but there is not much budget for the arts. A solution – a line in the budget that says public art is required.”

Recommended Solutions

That the following be investigated for possible implementation at Hutt City:

· Percent for art for external grants – attach conditions to Council Grants to CFT and others that require a certain percentage of the grant to be spent on art.

· Include art as part of development negotiations – if developers include art then certain concessions can be granted.

· A requirement for public art when external developments are being supported financially by council, e.g. the new four-star Hotel in the CBD.

· A percent for art policy for internal CAPEX expenditure on major developments. Include in the new public art policy that internal development projects over 1m need to set aside 2% for art. These funds would be allocated to the City’s public art budget, to be used to provide work for that development if appropriate, or for other areas of the city if there are other strategic priorities deemed more appropriate.

Percent for art was suggested independently by a range of senior and mid-level managers across the organisation.

Further, the public art policy can put into place processes that ensure public art can be initiated early in major projects so that it can be properly integrated.

Riddiford Gardens planned artwork site, identified by a red X.

Case Study 2: Riddiford Gardens Sculpture

In the Riddiford Gardens project, funds for art have been re-assigned to other aspects due to the project running over budget. In order to accommodate a future artwork, power has been supplied and the ground has been reinforced within the garden’s fountain in case a future artwork to be positioned there will require these, as to install them later would be more expensive. It would have been more cost effective to know what the artwork was going to be from the outset, and to only provide what the artwork requires. The artwork could itself have been a fountain, incorporating paving and fountain works and using the funds spent on those features, instead of requiring extra funds for a standalone work to be positioned inside the fountain.

Standalone works dropped into previously completed environments are not ideal. The artwork will need to fit in with the existing fountain, which has multiple spouts of water and paving in “a distinctive geometric design, laid out in a pattern”. The existing fountain significantly limits the possible form of the work and may distract from, or clash with, it. Ultimately these less than ideal circumstances will reduce the number of highly qualified artists interested in submitting proposals, which is also likely to lead to a reduction in quality.

Lack of visibility of Mana Whenua in Hutt City’s Public Art

Currently there is very little public art in Hutt City that increases the visibility of mana whenua. This was identified as a key issue in the public consultation undertaken for the Arts and Culture Policy in 2016.

Te Atiawa identify Māori art that is developed in consultation with them as an essential aspect of Hutt City’s public art programme, and an important part of their relationship with Council.

Ensuring this kind of representation takes place is also best practice in public art nationally and internationally.

We ran a pan-iwi workshop on public art at Waiwhetu Marae and the key feedback was that:

· representation of Māori in public art is important;

· that the other iwi present consider Te Atiawa as represented by Waiwhetu Marae to be the most appropriate point of consultation for Council in public art matters, and

· that Council needs to build a relationship with tangata whenua (Te Atiawa) in order to achieve representation of Māori in public art.

Recommended Solutions:

· Establish an appropriate contact point for tangata whenua and build an ongoing relationship around public art. The best person to build this relationship would be a dedicated Public Art Manager.

· Ensure the policy requires the inclusion of representation of tangata whenua in the public art programme.

Group consultation

Cross-Iwi Public Art Hui

We held a cross-iwi hui to hear local Māori views on public art. The Hui was hosted by Waiwhetu Marae. Attendees included representatives from Waiwhetu, Koraunui, Te Tatau o te Po and Te Kakano o te Aroha Marae. The hui was seen as a positive first step in an ongoing process of building a relationship with tangata whenua in relation to public art, which was considered necessary.

We asked attendees what they would like to see happening in public art in Hutt City and how Council could achieve better representation of Māori in the City’s public art. Participants felt that:

· Representing Māori in public art is Hutt City is important. The city’s public art forms should reflect and be about relationship of tangata whenua to the place.

· Going forward, Council should consult with primarily with tangata whenua through Waiwhetu Marae, rather than consulting across all Hutt iwi.

· The relationship between council and tangata whenua needs to be worked out: “What it comes down to is the relationship, and how you deal with tangata whenua – who you deal with – is key”.

· All participants agreed that Waiwhetu Marae is tangata whenua and should therefore be council’s main point of contact for public art consultation.

· It was felt an ongoing relationship needed to be developed rather than one-off consultation.

· Other maraes would come to tangata whenua about art projects they want.

· Rotorua is a good example of a city where public art that represents local Māori works well.

· Artworks should be traditional coming right through into modern – traditional works are a must but contemporary art is also important.

· It would be good to see works designed by young Māori.

· It would be great to see a commemoration to Te Whiti in Te Whiti park

· One participant felt that works representing other cultures, like Wellington’s Ghandi sculpture, could lead to dissatisfaction if there was not adequate representation of Māori.

· An issue to consider is the supply of materials for traditional works: Totara supply is tightly controlled and not available for traditional works, so they get made in less durable materials.

More consultation with Māori is needed to develop the public art policy. It was suggested by attendees at the hui that the next step in this consultation should be to attend the Tribal Council at Waiwhetu Marae.

Artist workshop

We held a workshop for professional artists interested in working in Hutt City to hear their views and ideas about what could happen in public art at Hutt City, and what would be needed to make it happen. The workshop was advertised nationally on the Big Idea.

Participants: Ruth Robertson-Taylor; Anna Bailey; Birgit Bachler; Justine Walker; Walter Langelaar; Nic Lane; Erica Duthie; Julian Priest; and Dionne Ward.

We asked workshop participants their opinions on the following topics: how public art should be defined/what contemporary public art looks like; examples of successful public artworks or programmes; funding; planning; processes; ideas and gaps and opportunities. The group’s answers, which were fairly divergent on certain issues, are summarised below.

1. how public art should be defined/what contemporary public art looks like:

· art outside the gallery.

· Interactivity between technology and the public is an interesting realm for public art engagement and development.

· Public art definitions are broad.

· They would like to see decorative “happy” art as well as more serious works.

· Would like to see facilitated, curated collaboration.

· Non-public public art exists as well – public artworks that are no longer in public spaces.

2. Examples of successful public art works or programmes:

· Wellington’s evolving programme of light boxes (Courtenay Place)

· The Art Plinths next to Te Papa

· The Masons Screen in Masons Lane.

· Egmont St Lux festival

· Superflex – an example of infrastructure intervention.

3. Funding:

· Artists should be paid to develop proposals.

· On major projects, even pre-qualification stages need to be funded. Months of work are required to develop proposals for major projects.

· Need to manage expectations around public art as something that can be delivered for free, with the benefit to the artist being ‘exposure’, as this is not realistic.

· Artists should have pay parity with other trades like plumbers, not earn less than a commercial painter would charge to paint the wall white.

· Funds should be tiered to match the artist’s level of professionalism/expertise.

4. Planning:

· It is difficult to develop a programme for artworks without context or a tradition. A five-year trajectory is required, with a vision of the style of works and conceptual approach.

· Separation from elected officials through a public art panel is important.

· Designers should consider how to make spaces good for performers. Longer plan regarding how art events might be facilitated. It is not enough just to put a performer somewhere and expect audiences to come. Solar stations are a good idea: electricity for buskers and phone charging - people will come charge their phones and be an audience.

· Invest in youth.

· Art made by architects is a shame, a waste of opportunity. Architects are not artists and when they try to make public art the result inevitably falls short of what a professional artist can achieve (while costing the same).

· Spontaneous art needs to be accommodated. Bylaws are strict here and there have been prosecutions. A proportion of PA is self-produced by artists in healthy environments and this needs to be facilitated.

· Include international and national artists in calls for proposals.

· Feature a changing program of works alongside permanent works. It's great to have permanent works but having a changing program will bring the area back into people’s minds, bring them in to visit regularly etc.

5. Processes:

· Closed briefs are an issue: e.g. asking artists to respond to the history of a place closes out ideas about the future. Councils restrict briefs to reflect their strategies, but the result is that there are too many agendas in project briefs. Any agenda limits outcomes.

· Projects briefs need to be written by public art experts.

· Briefs should not be written with an ideal work already in mind. This sets up parameters to fit into.

· Briefs need to express a vision for art in the city rather than trying to satisfy everyone (e.g. Rotterdam has a particular kind of public art that they specialise in).

· Competitions and open calls are a good way to get new works happening – not just shoulder taps of known artists.

· Artists need support to deliver new health and safety laws. Collective insurance agreements for artists would be helpful (has happened in Australia).

· Dedicated public art professionals are needed to matchmake, network and open channel. One of the most powerful ways to solve the problem here would be to have a person whose job that is here at Council.

· There is a need for locals to inform artists coming in from other places.

6. Ideas:

· Residency programmes are very effective ways to get artists to revitalise areas of the city. If you create spaces for artists to live, other things will follow. Make getting permits for living and working in one space easier across the board or in targeted places.

· Include residency opportunities for locals.

· Develop a performance library: equipment, chairs, PA, etc. Map resources.

· Facilitate citizen’s initiatives through web portals. Crowd funding creates youth buy in. Citizen’s initiative is a lower barrier for participation.

· Some participants were keen on bringing on international curators and artists for major projects like Riverlink, while others wanted curators and artists with local knowledge. Most thought a mix of local, national and international would be preferable.

· A traffic management plan festival – an artwork that takes on Hutt City’s car culture.

· Let artists “play God”, facilitate exceptions to rules for them so that innovative things can happen. Make opportunities for them to feed in to large projects. Artists are, or should be, the best our culture has to offer and can offer cutting edge, innovative, socially engaged thinking in all contexts.

7. Gaps and Opportunities:

· About Space is not attractive to professional artists because it is not framed as an art initiative. There is no kudos for artists to be involved in the programme. There is no legacy of artists with a good reputation participating – the quality of art projects has tended to be low. It’s not art focussed enough. It needs to be facilitated/curated by someone with art expertise.

· Thinking for art in vacant space needs to be site-specific.

· Sites with aesthetic appeal need to be offered, so people will come. There has to be some momentum involved. Vacant spaces are often not facilitated. You have to resource it properly: broker sponsors and patrons as well as spaces.

· Make terraces on Riverlink comfortable for performers. Public spaces where you don’t need to spend money create audiences. Non-weather dependant venues.

Conclusions

Hutt City Council has a great asset in public art: the widespread support of officers throughout the organisation that see the value and need for public art. Public art has been identified as a need for the city, and plans have been made to develop an increasing amount of public art. However, there is currently no delivery mechanism for these artworks inside council. There has been no expertise to plan and guide public art activity, and no staff to coordinate it. There has been no strategic plan for public art showing where, why and how public art should be delivered, and asset management has been delivered on an ad hoc basis with no central coordination. Artists have been reluctant to participate due to a lack of articulation of the difference between professional public art and grass roots community art.

These issues are, however, relatively simple and inexpensive to address. A Public Art Advisory Group has already been agreed to and is in development. This will go far to redress the lack of expertise currently available, along with an internal, part-time Public Art Manager, who would allow projects and maintenance to be centrally coordinated and controlled, and ensure that each public art project is led by the right expertise and per agreed protocols. The Public Art Manager and the PAAG together would develop a strategic plan for public art that ensures artworks deliver to the City’s strategic goals and are prioritised effectively so that they may have the most effect where they are most needed. The Public Art Manager would provide a professional interface for artists. They would also identify money saving process efficiencies, such as bringing artists into projects early on and commissioning functional artworks. A percent for art scheme would ensure that this is possible, and that council’s projects are always able to take advantage of public art’s incredible, cost-effective ability to build identity and ownership; develop a positive, creative image for the city; revitalise cityscapes; and attract entrepreneurs and local and outside visitors.

111 27 February 2017

Policy and Regulatory

02 February 2017

File: (17/132)

Report no: PRC2017/1/55

Risk and Resilience

Purpose of Report

1. Advise Council on the progress of the Risk and Resilience work programme.

Recommendations

It is recommended that the Committee recommend that Council notes the information in the paper.

Background

2. Risk and Resilience has been identified as a key issue for the city in both the Environmental Sustainability Strategy and the Infrastructure Strategy. This report is the first step towards responding to SLT’s request that officers develop a detailed resilience work programme for Council consideration. The report;

a. Identifies four resilience priority areas for Hutt City to address;

b. Presents how Hutt City is currently addressing resilience issues facing the city; and

c. Presents the capacity Hutt City has to address resilience through Council functions.

Discussion

Resilience Priority Areas

3. Resilience is the capacity of Hutt City to survive, adapt, and grow no matter what kinds of chronic stresses and acute shocks it may experience.

4. Officers used the 100 Resilient Cities (100RC) framework to conduct a preliminary resilience assessment of Hutt City. Officers also conducted a desktop review of relevant literature, consulted with key stakeholders, various council officers, organisations in the community, and worked closely with the Wellington 100RC work group. Through this process four resilience priority areas were identified for Hutt City to address to create a more resilient city. These are:

a. Disaster Preparedness: Hutt City is vulnerable to natural hazards with earthquakes and flooding posing the greatest risk of major city wide disruption. A range of other hazards, such as surface flooding, tsunami, and landslides, are risks in more specific areas of the city. A key step in creating a resilient community is acknowledgement of the risks facing the city and the community understanding their role in preparing themselves for a worst case scenario disaster. Council can work with affected communities to ensure their safety and to mitigate the risk of natural hazards through actions of: avoid, control, transfer, and accept.

b. Addressing Inequalities: A resilient city is made up of resilient communities and addressing inequality in our city will help us to ensure all areas of the city are prepared and resilient. Inequality is predominantly caused by external factors such as global economic conditions and central government policy. However, in our city we can help to level the playing field by offering people opportunities such as, access to facilities, education and healthy spaces. By addressing inequalities we can help to create more resilient self-sufficient communities that have the ability to adapt to anything that the future throws at them.

c. Climate Change and Sea Level Rise: To address the issues of climate change and sea level rise we need to mitigate and adapt. Mitigation will involve decreasing our cities carbon footprint by reducing our consumption of fossil fuels and transitioning to a sustainable renewable energy based economic and transportation system. Adaptation is the process of adapting to the effects of climate change - this will also help increase our resilience to natural hazards that affect the same area. As we look for adaptation solutions we will need to ensure that we engage and create partnerships with affected communities to ensure we develop positive solutions. Mitigation activities can start as soon as possible, and we need to ensure they do, but adaptation needs to be a well thought out and inclusive process.

d. Economic Vulnerabilities: We already have a diverse and resilient economy and are doing a lot to ensure that it stays that way but we cannot be complacent. We have to keep examining what the future will hold and act accordingly. It is apparent that business cycles are becoming shorter and companies are operating for shorter periods than their predecessors were. We need to embrace technology while making sure it does not exclude people from participating in our economy. We need to reduce our reliance on outside inputs to our system and investigate and support different ways of doing trade in our city to ensure continuing prosperity.

How is Hutt City currently addressing resilience?

5. Officers conducted a survey to assess how the activities currently being delivered by Hutt City Council address the resilience priority areas. Twenty one Divisional Managers (including Council Controlled Organisations) took part in the survey which identified 50 actions that are addressing at least one of the priority areas to some extent. The actions of Divisions were scored on how well they address resilience priority areas – the score does not relate to the performance, importance or quality of the work being undertaken by the Division. Areas that are being addressed are considered to be strengths while areas that are not, are considered to be gaps.

6. Understandably different Divisions and Groups have different strengths and gaps in relation to the resilience priority areas. For the purpose of this report we will be looking at the strengths and gaps for Council as a whole.

Strengths

7. In terms of resilience, Council’s main strengths are in disaster preparedness with regard to earthquakes and flooding and addressing inequalities. Although these are strengths, there are still opportunities for Council to increase activity in these areas.

8. Disaster Preparedness. Legislation and its accompanying regulations are the main driving force for Council action on disaster preparedness. Central Government provides considerable direction through legislation such as the Building (Earthquake-prone Buildings) Amendment Act 2016, Resource Management Act 1991 and Civil Defence Emergency Management Act 2016. Council’s administration of the District Plan, Building Act, and earthquake regulations is an effective tool for developing the resilience of the city. Council is currently taking part in a Riskscape assessment to assess the possible benefit of planning options in the event of a natural disaster. When reviewing the hazards section of the District Plan Council needs to decide how much of a precautionary approach should be taken while considering what is needed to achieve the growth target of a population of 110,000 plus 6,000 more homes by 2032.

(i) City Infrastructure Divisions have many actions underway that are reducing the possible impacts of an earthquake and flooding. These projects include: Cross Valley Link and the effective road network, strengthening of bridges, input into the Riverlink project, Parks and Gardens contingency planning, contracts for recovery operations and Wellington Water’s Water Supply Resilience work.

(ii) The Governance and Regulatory group scored well in three of the five factors for disaster preparedness.

(iii) The Emergency Management Office is addressing all these factors through its work to encourage preparedness, recovery plans and operations of the Emergency Management Office in the event of an emergency.

(iv) Environmental Consents Division provide hazard information through the LIM process and the administration of the District Plan, Building Act, and the Resource Management Act. This reduces or mitigates some of the vulnerability associated with building in hazardous areas.

(v) City Promotions communicate information to the public through a range of media. City Promotions also work closely with the Wellington Regional Emergency Management Office and organisations such as Wellington Water to deliver critical messages. There is an opportunity to promote and create a larger degree of self-sufficiency in the community. There needs to be research completed to decide if it is more cost effective to achieve this through regulatory or non-regulatory means.

Influence of Kaikoura Earthquake

9. The Kaikoura earthquake on November 14^th 2016 has significantly increased the seismic risk in Wellington, Lower Hutt, and Blenheim. This has increased action in this area over the past few months and may help to fast track future projects. Central and Local Government are working closely together to address disaster preparedness issues for the Wellington Region. This includes;

(i) Central government review and focus on actions to improve resilience of their services in Wellington post-earthquake, including top five response packages identified by local government.

(ii) Wellington Lifelines Group action list for proposed regional projects that improve resilience to earthquakes with implementation time frames of immediate, within 6 months, and 6 months plus.

(iii) WREMO November events (earthquake and flooding) review and resulting action list to improve future recovery operations.

(iv) An example of this focus is the fast tracking of work to reinforce masonry and parapets on high risk buildings by January 2018. This work has been mandated using emergency powers under the Hurunui/Kaikoura Earthquakes Recovery Act 2016. Central Government and local councils will pay for up to half the cost of work.

(v) Hutt City’s Civil Defence Plan is currently under review. During any Civil Defence emergency it is council staff and the community who are called on to manage the response. As an organisation three senior staff have been seconded to focus on ensuring Hutt City have got systems, procedures and resources in place to respond to emergency situations. They’re working on projects such as upgrading equipment, to making plans for Emergency Assistance centres, mass temporary accommodation, supply chain planning, processes for tsunami threats, public education, and staff training etc.

10. Addressing Inequalities. In Part 1 Section 3(d) of The Local Government Act 2002 (LGA) the purpose of the Act is to “provide for local authorities to play a broad role in meeting the current and future needs of their communities for good-quality local infrastructure, local public services, and performance of regulatory functions.” Section 11A(e) includes “libraries, museums, reserves, and other recreational facilities and community amenities” in the definition of local public services. This mandates a lot of the work that is undertaken by council that addresses inequalities, including;

(i) SLT’s priorities of a focus on the North East and creating world class community facilities have contributed to the council’s perceived strength in addressing inequalities. Developments such as; Walter Nash Centre, Petone Settlers Museum Refurbishment and the ongoing construction of the Stokes Valley Community Hub and the Walter Mildenhall Park redevelopment exemplify this objective.

(ii) These are great pieces of community infrastructure that help to foster social capital and create opportunities for people to realise pathways to prosperity. There is opportunity to implement strategic objectives that address the needs of resilience priority areas into the development of community amenities. These are especially important for up and coming projects as there is still the opportunity to achieve co-benefits. Large scale infrastructure projects that address inequalities are often achieved through the mediums of sport, recreation, information, music and culture. Is there an opportunity to deliver these services while increasing awareness and action on climate change and reducing economic vulnerabilities?

(iii) Dynamic and varied activities, programmes and events are provided throughout Council. Examples of these are; city wide events, computer club house programme, digital literacy classes, green gardener services and much more. These non-regulatory methods have the ability to address issues as they appear and also help to build the social capital of the city. The Libraries division is a great example as it has transitioned to the digital age, striving to deliver the services the community need and not the services it was equipped for. Non regulatory activity provides flexibility and allows Council to make smaller investment commitments when addressing inequalities.

Gaps

11. In terms of the resilience priority areas, Council gaps are in climate change, sea level rise, and economic vulnerabilities. These areas are being addressed by Council actions but to a much lesser extent than other areas. There is very little action required by legislation that addresses these areas.

12. Climate Change and Sea Level Rise. There are very few regulatory requirements for climate change mitigation and adaption actions mandated by legislation. The Waste Minimisation Act 2008 has the purpose of reducing the amount of waste that goes to landfill. The Act tasks local government (territorial authorities) with promoting effective and efficient waste management and minimisation within their districts. It does have some effect but doesn’t directly address climate change and sea level rise.

13. Climate change adaptation is an area that both Local and Central Government could continue to take more ownership of. There have been moves made by local authorities to mitigate the risk of coastal hazards through the District Plan process. The changes that have been proposed have twice been reversed due to legal challenges from their communities. Recently Hon Paula Bennett (Minister for Climate Change Issues) announced the establishment of the Climate Change Adaptation Technical Working Group (CCATWG) to provide advice to the Government on how New Zealand can adapt to the impacts of climate change from an economy-wide, cross-sector perspective. Council needs to decide if it wants to take a precautionary approach to sea level rise adaptation through either infrastructure solutions or regulatory methods such as the District Plan to regulate land use in vulnerable coastal areas or a combination of both.

14. Hutt City Council activity in this area includes;

(i) The City Infrastructure group is often taking into account the predicted effects of climate change and promoting conservation of the natural environment. This is especially so in the Parks and Gardens division which promotes and protects our natural environment but also manages issues that will become more frequent, such as bush fire risk.

(ii) The Riverlink project is being driven by the need for greater flood protection after flood predictions were revised to include the predicted effects of climate change.

(iii) Wellington Water manages the storm water network which alleviates surface flooding. In response to climate change Wellington Water and Hutt City Council have decided to increase the design standards of pipe drains. Rainfall intensities used for storm water system design purposes have also been increased to reflect the anticipated changes in rainfall patterns over the next 100 years.

(iv) The Cross Valley Link is a project that has been on and off the table for the past decade, and is currently being looked at again. If it were to be completed it would help to create significant redundant space for future sea-level rise adaptation around the Petone foreshore.

(v) Non-regulatory methods are used throughout council to address climate change mitigation. Council has taken the initiative of installing electric vehicle charging stations around the city and has introduced electric vehicles into the corporate fleet. Council provides support for community gardens, Enviro schools, and promotes walking and cycling.

15. As referred to in the Addressing Inequalities section there are opportunities for climate change mitigation activity to be implemented through other areas of council. Climate change adaptation needs to be conducted through a combination of large scale infrastructure through to regulatory and non-regulatory approaches and community engagement activities.

16. Economic Vulnerabilities. There is no legislation or regulatory requirements that require Council action to address economic vulnerabilities. It would seem unlikely that there will be legislation mandating action in this area in the next 10 years.

17. Large scale infrastructure can play a role in reducing economic vulnerabilities by creating resilient transport networks that reduce the opportunity for supply chain failure due to road closures. The Petone to Grenada link road will help to increase the economic resilience of the region. Another example could be the development of a large food production facility (farm, garden, etc.) implemented in Hutt City that would reduce supply chain vulnerability or a linked group of community gardens across the valley floor but that at present is an unlikely scenario.

18. Non-regulatory actions are currently used by council to address economic vulnerabilities. The development and promotion of STEMM industries (science, technology, engineering, manufacturing and maths) is carried out by the City Development Division and Libraries. The work is focused on promoting the importance of education in these fields and also to support the growth of high tech industries in the city. This seems like a logical approach to address this issue considering councils function and resources.

19. There may be ways to address other areas of economic vulnerabilities through this method for example the importance of food security and the vulnerability of supply chains could be highlighted to encourage domestic food cultivation. Council does provide the green gardener service and works with Enviro-schools but these initiatives do not cover the scale of the issue. Non-regulatory methods are the best way for Council to address economic vulnerabilities but council also has to consider how big a role it should play in this area.

Council Functions to Address Resilience

20. Council has the ability to address resilience through council functions at three distinct levels:

· Large Scale Infrastructure Projects: E.g. Petone to Grenada Link Road, Wellington 7day Water Resilience, and Cross Valley Link.

· Legislation and Regulation: E.g. Building Act 2016, Civil Defence Emergency Management Act 2016, the District Plan, Food Act and Bylaws.

· Non Regulatory Methods: E.g. Providing hazard information, building social capital, providing support and guidance, and leading by example.

Examples of how Council’s actions using these functions are in the above section.

21. Large scale infrastructure projects can reduce the vulnerability of Hutt City if they are strategic and future focused in their approach. Projects of this manner strive to provide a large benefit to wider community. Large scale infrastructure has to go through an extensive process to secure funding from central government, involves a lengthy amount of stakeholder consultation, and can take a significant amount of time to complete construction.

22. Council can increase the resilience of the city through behavior change initiated through legislation. Council has to administer acts such as the, Resource Management Act 1991, Local Government Act 2002, and Civil Defence Emergency Management Act 2016 etc. Council also has the ability to create Bylaws under the Local Government Act 2002. The Act mandates the following as the purpose of bylaws:

(i) Protecting the public from nuisance:

(ii) Protecting, promoting, and maintaining public health and safety:

(iii) Minimising the potential for offensive behaviour in public places.

23. The District Plan is another essential tool for developing the resilience of Hutt City. It is required under the Resource Management Act 1991 and is guided by National and Regional Policy Statements. When reviewing the District Plan Council needs to decide how much of a precautionary approach should be taken in regards to natural hazards while considering what is needed to achieve the growth target of a population of 110,000 plus 6,000 more homes.

24. The District Plan and Bylaws have to go through a consultation process before the can become operational therefore they can take a long time to create the desired behaviour change. Legislation has to go through the rigours of parliament and can also take a long time to become operational.

25. Non regulatory methods allow Council to act with more flexibility and with less financial risk. Non regulatory methods can include activities such as, providing information, providing support and guidance, leading by example, and advocacy. These methods do not provide the same widespread benefit as large scale infrastructure or legislation but can complement the work of these bigger mechanisms. Non regulatory methods can work well to build resilience in specific vulnerable areas and for vulnerable people.

26. Council officers are currently examining and developing a business case for a Community Resilience Contestable Fund which is an example of a non-regulatory approach that engages the community in addressing resilience issues. This would be a contestable fund that encourages members of the community to develop solutions to the resilience issues facing their communities and apply for funding to implement those solutions. The fund would be open to anyone who can prove that their project would result in wider resilience benefits for the community. The fund has the potential to be an important and useful tool for community engagement on these issues.

Conclusion

27. To create a more resilient Hutt City the Council needs to address the resilience priority areas through the appropriate council functions. Council also needs to decide what is its role and responsibility in addressing the resilience priority areas. Resilience can be embedded and work in tandem within council’s current strategies and priorities to realise and create co-benefits that will lead to a resilient Hutt City.

Options

28. To note the information in paper.

Consultation

29. Internal engagement has taken place for the survey as well as workshops with community organisations. This has been used to inform this paper.

Legal Considerations

30. There are no legal considerations at this stage.

Financial Considerations

31. There are no financial considerations at this stage.

Other Considerations

32. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it looks at the current and anticipated future circumstances to provide advice in creating good quality infrastructure and service for future generations. It does this in a way that is cost-effective because it provides robust advice to make sound future investments taking into account anticipated future circumstances.

Appendices

There are no appendices for this report.

Author: Geraint Breese

Policy Advisor

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

121 27 February 2017

Policy and Regulatory

02 February 2017

File: (17/136)

Report no: PRC2017/1/57

GM's Report - Governance & Regulatory

Purpose of Report

1. The Policy and Regulatory Committee requested a General Manager’s report containing information on major consents, hearings, appeals to the Environment Court and enforcement matters.

Recommendations

That the Committee notes the contents of the report.

Background

2. This report covers the activities of two divisions in the Governance and Regulatory Group; being Regulatory Services and Environmental Consents. The Environmental Consents division process consent applications under the Resource Management Act and the Building Act (resource and building consents), as well as LIMs and property enquiries under the Local Government Official Information and Meetings Act. It also offers an Eco Design Advisor service across the city and a part service in Upper Hutt City Council. Regulatory Services deal with food, alcohol, trade waste applications, bylaws, animal services and parking and District Licensing reports.

3. The report firstly covers Environmental Consents and secondly Regulatory Services.

Discussion – Environmental Consents

4. The number of building consents received in January has been the highest in since we have recorded them. Resource consent applications have remained fairly constant. In contrast, we are continuing to receive less LIM applications than we had in the last financial year.

5. The value of building work is high at $113,493,714, as would be expected with a large number of applications received. This is as a result of some large applications being received this financial year.

6. In response to the November earthquake the Minister for Building and Construction has announced an initiative to improve the seismic performance of URM (unreinforced masonry) buildings in Lower Hutt, Wellington, Hurunui and Marlborough in high use areas. The Minister introduced an amendment to the Hurunui/Kaikoura Earthquakes Recovery Act last month (January) to enact this initiative. The amendment requires the urgent securing of parapets and façades on URM buildings. This is in recognition that URM buildings perform poorly in earthquakes and the parapets and façades present significant, unnecessary risks to life safety.

7. The team has been working hard to identify the affected streets in Lower Hutt, and then the affected buildings. Information on process and documentation is awaited from MBIE and the team is working closely with the Ministry to meet the requirements.

8. The Swimming Pool Officer has begun a public educational campaign “Be ‘Kid Cool’ around your pool” to raise awareness of the changes to the fencing requirements following a change to the legislation. This will include presence at festivals, articles in the Hutt News and other publications as well as communication with educational facilities with young children. The changes have resulted from an amendment to the Building Act, enacted on 1 January 2017 to include (and change) the provisions for the fencing of swimming pools. This coincided with the repeal of the Fencing of Swimming Pools Act.

9. The resource consents team is currently falling short of their Annual Plan target to process 80% resource consents in 18 working days. This is a cumulative total for the year, so I predict that the annual target will be met. This is because the team has been recruiting for ten months for a planner.

Building Consents

10. There has been a notable increase in the number of building consents received for processing in the current financial year to date compared to the same timeframe last year. We have accepted 749 building consents up to the end of January 2017 compared to 517 for the same period last year. This equates to a 44% increase in the number of consents. We received 72 consents in January alone compared to 37 in January 2016, which is the highest received in January since we started recording data.

11. The value of building work in the current financial year is $113,931,114. This figure is expected to rise with the addition of major projects such as the Hotel on High Street to be lodged in the coming months.

12. The Building Team remains under-staffed reflecting the nationwide shortage of building officers. New recruitment methods are being employed including targeted facebook advertising, working with universities and schools (as long term solutions), stands at conferences and career days for recruitment, and radio advertising.

13. The building team staff have been extremely busy with the response and recovery since the earthquake in November. The tasks included the inspection of buildings immediately after the earthquake and the identifying at risks buildings.

14. The demolition of the Event cinema and part of the parking area at Queensgate is proceeding well. The demolition crew have been affected by the high winds, which has meant that there is an 8-10 day change to the timeframe since demolition began. Council is working with the main affected parties, being New World and The Angus Inn. Vehicular access to New World from Waterloo Road opened on 2 February and the restaurant at The Angus Inn was opened on 3 February.

Recent notable issued building consents:

· Medical Centre (Stage 2) at 8 Melling Road received for processing - $8.5M project

· Town Hall seismic strengthening and new Events Centre - staged

· New shop fit-out for international retailer - Queensgate - $5M project

· Manor Park hospital - addition to existing structure - $2.8M project

Resource Consents

15. To date, this financial year, 162 resource consent applications have been processed. This compares to 204 applications for the same period in the last financial year. This is a 20% decrease in the number of consents.

Recent consents of note include:

16. 54 Leighton Avenue, Waiwhetu - An application has been received for a multi-unit development of up to 20 new dwellings with associated subdivision and earthworks. The application is currently being assessed.

Recently granted consents:

17. 73 Jackson Street, Petone – a non-notified consent was granted in November for construction a new four storey mixed used building with ground floor retail/commercial space and car parking, and 44 apartments on the upper levels (thirty-eight of these will be dual key apartments resulting in a total of 82 potential apartments).

18. 18 Hammerton Street, Naenae – consent has recently been granted for a new multi-unit development with 12 units to be used in association with Laura Fergusson Trust Facility. The number of residents will increase from 34 to 48 in association with Laura Fergusson Trust. The number of staff will not increase from 40 due to the independent nature of the proposed units. Written approval was provided from four neighbouring properties. The application was limited notified to one neighbouring property who did not wish to wish to be heard at a hearing. The application was determined under delegated authority at officer level.

19. 1 Laura Fergusson Grove, Naenae (the former HCC Summit Road Nursery Depot) – a non-notified consent has recently been granted to Urban Plus Ltd for a multi-unit development including 20 new dwellings with associated subdivision and earthworks. The immediately adjoining neighbours gave their written approval. Council’s decision on this application was reviewed and supported by an independent and external planning consultant. This review was carried out to address any perceived issue of bias given that Council sold the site to UPL and Council officers determined the resource consent application.

RMA Enforcement

20. 14 Waiu Street, Wainuiomata – The consent holder has sought the cancellation of the enforcement orders that remain in place for this site. This was issued as result of the prosecution taken by the Council against the previous operator and his company that poorly managed this cleanfill. Council officers are currently in discussions with the applicant about the appropriate course of action for dealing with the enforcement order, whilst the recently granted resource consent is yet to be implemented. The consent holder has suggested that a bond be paid to Council to enable the enforcement orders to be discharged. Council officers have requested more detail be provided in relation to the amount of bond; how it has been calculated; and what remediation works it would cover. This matter will ultimately be determined by the Court.

21. 784 High Street – Council has received complaints that this property is being used as a boarding house. This is both a building and resource consent matter. We are waiting for a determination from MBIE before any action can be taken under the Building Act. The owner of the property has been given a deadline of 28^th February to apply for resource consent (this is to allow for a parking survey to be carried out after the school holiday period).

22. 308 Waiwhetu Road - complaints were received that this property was being used as a car wrecking operation. Council officers investigated and determined a resource consent was required. The operators were given a deadline of 9 December to vacate the site. They complied with this deadlines and no formal enforcement action was necessary.

Environment Court Appeals

23. 77 Bell Road & 91 Whites Line East– award of costs: Council sought and won an enforcement order from the Environment Court in relation to the unlawful use of these residential zoned sites for a business use. Following the issue of the enforcement order compliance has been achieved in relation to both of these sites. Council sought a fair and reasonable contribution to the costs it incurred in seeking the enforcement order. The Court issued its decision on costs on 5 December 2016 and ordered that the responded is to pay the Council $11,000 towards the cost it has incurred on this matter.

Land Information Memoranda

24. The total number of LIM applications is down in this financial year 2016/2017 to date, compared to the previous financial year 2015/2016. The number of commercial LIMs has remained constant, but the number of fast-track LIMs received is increasing – this is where applicants pay double the fee to obtain their report in five days.

Eco Design Advisor service

25. The Eco Design Advisors (EDAs) and the Swimming Pool Officer had stands at the Te Ra festival. As a result of the promotion at Te Ra and an article in the Hutt News, the Eco Design Advisors have had an upsurge in requests for home visits from residents.

26. The EDAs will also have a presence at the pop up beach at the Riverside Market.

27. Hutt City Council was one of 15 successful tenderers (out of 77 applicants) for the government’s Low Emission Vehicles Contestable Fund. This funding will be used to pay for an electric vehicle carpark in one of the large box retail carparks in Lower Hutt.

Enforcement matters from Regulatory Services

Animal Services

28. Animal Services participated in three community Christmas parades being Petone, Wainuiomata and Stokes Valley in December. The feedback about Animal Services’ floats was extremely positive and the message on the floats was to promote good dog ownership and the range of services offered. The team kicked this year off attending the Te Raukura Festival at Te Whiti Park on 29 January with the community engagement caravan. This event was hugely popular with thousands having attended and the three staff on hand at this event were kept busy answering queries and speaking with those that attended our displays.

29. A number of events are planned for the first quarter of this year for Animal Services to participate in, which includes the Newtown Festival, Paws in the Parks walks for dogs in Wellington and Hutt Valley, attendance with the caravan and display trailers at the community dog parks in Wellington and a presence at Oriental Bay dog walks.

30. Last quarter officers reported on 1058 unpaid dog registrations. Officers are very pleased to see that all the hard work put in chasing up those that failed to register dogs last year has paid off with having only 35 debtors left, with most of those dog owners ‘gone with no known address’ or proving hard to track down. This means a more accurate data base for invoicing in May for both councils.

Environmental Health

31. The Environmental Health team is progressing towards an April 2017 target for IANZ ISO 17020 Accreditation – Food Act 2014.

32. The Environmental Health team have been asked to contribute to a number national and regional initiatives over the last three months which have included:

· The Real Estate Institute of NZ where HCC staff will be presenting to lawyers involved in property law at a Webinar in early March 2017 on meth and how it relates to landlords and tenants.

· HCC staff will be co-presenting with Auckland Council (the other TLA member of the working group) at the NZ Institute of Environmental Health Conference in late February 2017 where they will provide an update on the proposed NZ Standard for the testing and remediation of methamphetamine contaminated properties. Public consultation closes in late February 2017.

· HCC staff are part of the Executive Committee which is working on organising the International Environmental Health Conference in Auckland (March 2018).

· HCC is one of 10 TLA steering group members on the Food Act Regulators Forum focussing on how to successfully implement the Food Act 2014 across the country.

Trade Waste

33. Good levels of activity from local industry and high numbers of food business changes. Brewery activity is growing very strongly.

34. Minor earthquake damage to the four clarifiers at the wastewater treatment plant when wave action in the 35m diameter clarifiers bent the stilling plates. There were some learning experiences after the first one was repaired and odour releases should be less of an issue for the remaining ones. Within minutes of refilling it the phone began to ring!!!

35. The Trade Waste team are working on a waste collection and transportation bylaw to better control sump trucks.

Consultation

36. Consultation was undertaken with affected parties on notified resource consents.

Legal Considerations

37. The group administers the RMA, the Building Act, LGOIMA, the Sale and Supply of Alcohol Act, Food Act and other legislation. No other legal considerations apply in terms of the content of this paper.

Financial Considerations

38. There are no financial considerations.

Other Considerations

39. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that meets the current needs of the community by ensuring that development is dealt with in a controlled and legitimate manner.

Appendices

No.	Title	Page
1 ⇩	Environmental Consents Graphs at the end of January 2017	129
2 ⇩	Attachment to report (Regulatory Services - enforcement actions to 31 December 2017)	148

Author: Geoff Stuart

Divisional Manager, Regulatory Services

Author: Helen Oram

Divisional Manager Environmental Consents

Approved By: Joycelyn Raffills

General Manager, Governance and Regulatory

[1] When acting in this capacity the committee has a quasi-judicial role.

[3] This means Councillors and Council staff conducting themselves in a knowledgeable and empathetic way that is respectful of disabled people

[8] This means Councillors and Council staff conducting themselves in a knowledgeable and empathetic way that is respectful of disabled people

[9] Also see Quality of Life, p 45 Pride in look and feel of City

[11] Hutt City Council, Urban Growth Strategy p14

[12] Making Places identifies some sites in the CBD and states that public art should be incorporated, but it is not a city-wide plan nor a public art strategy in itself.

[13] A conservation report was completed on this work in 2016.

[14] Also see Quality of Life, p 45 Pride in look and feel of City

[16] Hutt City Council, Urban Growth Strategy p14

[17] A conservation report was completed on this work in 2016.

Deputy Mayor Bassett	Cr Bridson
Cr Barry	Cr Briggs
Cr Lewis	Cr Lulich
Cr Milne	Cr Sutton
Mayor Ray Wallace (ex-officio)

PARKING SERVICES	November	December
Infringements	2562	2755
Stationary offences (WOFs, tyres)	835	924

ENVIRONMENTAL INSPECTIONS	November	December
Noise attendances	168	175
Noise notices issued	25	40
Noise equipment seized	0	0

Description	Author	Cycle 2, 2017	Cycle 3, 2017	Cycle 4, 2017	Cycle 5, 2017	Pending
General Manager’s Report – Governance and Regulatory	J Raffills	ü	ü	ü	ü
Proposed Road Stopping of Leal Road for the Access-way between Pollard Street and Antrim Cres, Wainuiomata	UPL	ü
Review of Control of Alcohol in Public Places bylaw 2016	G Sewell	ü
Council’s Housing Policy Review	W Moore					ü
Accessibility and Inclusiveness Plan 2017-2027	W Moore					ü

Party Responsible		Financial Year
		Triennium

Masterton District Council		2007-10
Porirua City Council		2010-13
South Wairarapa District Council		2013-16
Upper Hutt City Council		2016-19
Wellington City Council		2019-22
Carterton District Council
Greater Wellington Regional Council
Hutt City Council
Kapiti Coast District Council

ANIMAL SERVICES	November	December
Dogs impounded	101	33
Infringements issued	23	11
Prosecutions	0	0