Policy and Regulatory
22
November 2017
Order
Paper for the meeting to be held in the
Council
Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Monday 27
November 2017 commencing at 5.30pm
Membership
Cr M
Cousins (Chair)
Cr S
Edwards (Deputy Chair)
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Deputy Mayor D Bassett
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Cr L Bridson
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Cr C Barry
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Cr J Briggs
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Cr T Lewis
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Cr M Lulich
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Cr C Milne
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Cr L Sutton
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Mayor W R Wallace (ex-officio)
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For
the dates and times of Council Meetings please visit www.huttcity.govt.nz
POLICY AND REGULATORY
COMMITTEE
Membership: 11
Meeting
Cycle: Meets
on a six weekly basis, as required or at the
requisition of the Chair
Quorum: Half
of the members
Membership Hearings: Minimum
of either 3 or 4 elected members (including the Chair) and
alternates who have current certification under the
Making Good Decisions Training, Assessment and Certification Programme for RMA
Decision-Makers. The inclusion of an independent Commissioner as
the rule rather than the exception
Reports
to: Council
PURPOSE:
•
To
assist the Council monitor the development of strategies and policy that 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.
•
To
consider matters relating to the regulatory and quasi-judicial responsibilities
of the Council under legislation. This includes, without limitation, matters under
the RMA including the hearing of resource management applications.
Determine:
·
Maintain
an overview of work programmes carried out by the Council's Environmental
Consents, Regulatory Services and strategy and policy development activities.
•
Draft
policies for public consultation, excluding those that will subsequently be
required to follow a statutory process
•
Approval
and forwarding of submissions on matters related to the Committee’s area
of responsibility
•
Hearing
and deciding notified resource consent applications.
•
Hearing
and deciding objections to conditions imposed on resource consents
•
Hearing
and deciding any matter notified under the Local Government Act 2002
•
Hearing
and deciding objections to the classification of dangerous dogs under section
31 of the Dog Control Act 1996 and abatement notices regarding barking dogs
under section 55 of that Act
•
Hearing
and deciding objections to the classification of dogs as menacing dogs under
sections 33A and 33C of the Dog Control Act 1996
•
Hearing
objections to specified traffic matters where the community board wishes to
take an advocacy role
•
Exercising
the power of waiver under section 42A (4) of the Resource Management Act of the
requirement to provide parties with copies of written reports prior to hearings
•
Authorising
the submission of appeals to the Environment Court on behalf of Council
•
To
appoint a subcommittee of suitably qualified persons to conduct hearings on
behalf of the Committee. The Chair of the Policy and Regulatory Committee
is also delegated this function.
•
All
statutory requirements under the Reserves Act 1977 that require the Department
of Conservation to ratify.
Conduct of
Hearings:
•
To
conduct hearings where these are required as part of a statutory process[1].
•
Hearing of submissions required on any matters falling under the
Terms of Reference for this committee or delegating to a panel to undertake
hearings (this delegation is also held by the Chair of the Policy and
Regulatory Committee).
General:
•
Any other matters delegated to the Committee by Council in
accordance with approved policies and bylaws.
NOTE:
The
Ministry for the Environment advocates that Councils offer specialist RMA
training in areas of law which are difficult to grasp or where mistakes are
commonly made. This is to complement the Good Decision Making RMA
training that they run (which is an overview and basic summary of decision
making, rather than an in-depth training in specific areas of the RMA).
Therefore in order to facilitate this, the RMA training run for councillors
that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1
Hearings
commissioners are kept abreast of developments in the legislation.
2
Legal
and technical errors that have been made previously are avoided (many of which
have resulted in Environment Court action which is costly, time consuming and
often creates unrealistic expectations for the community).
3
The
reputation of Council as good and fair decision makers or judges (rather than
legislators) is upheld.
Policy and Regulatory Committee
Meeting
to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Monday
27 November 2017 commencing at 5.30pm.
ORDER
PAPER
Public Business
1. APOLOGIES
2. PUBLIC
COMMENT
Generally up to
30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be
asked questions on the matters they raise.
3. CONFLICT
OF INTEREST DECLARATIONS
4. Recommendations to Council - 12
December 2017
a)
Reserve Revocation - 9A Durham Crescent Epuni (17/1481)
Report No. PRC2017/5/284 by the Divisional
Manager, Parks and Gardens 15
Chair’s
Recommendation:
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"That the recommendation
contained in the report be endorsed.”
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b) Sale of Land Queens Drive (17/1697)
Report No. PRC2017/5/285 by the
Divisional Manager, Parks and Gardens 20
Chair’s
Recommendation:
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"That the recommendation contained in the report be
endorsed.”
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c) Days Bay Reserves Declaration and Classification
(17/1641)
Report No. PRC2017/5/286 by the Asset
Planner 22
Chair’s
Recommendation:
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“That
the Committee considers the future of the area marked as C2.”
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d) Parking Policy - completed consultation (17/1692)
Report No. PRC2017/5/291 by the Senior
Research/Policy Advisor 54
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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e) Cemeteries Bylaw 2017 (17/1541)
Report No. PRC2017/5/288 by the
Principal Policy Advisor 106
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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f) Parks and Reserves Bylaw 2017 (17/1553)
Report No. PRC2017/5/289 by the
Principal Policy Advisor 123
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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g) Traffic Bylaw 2017 (17/1563)
Report No. PRC2017/5/290 by the
Principal Policy Advisor 150
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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h) Public Art Policy and Interim Public Art Guidelines
(17/1708)
Report No. PRC2017/5/293 by the Divisional Manager,
Strategy and Planning 184
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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i)
Development Contributions Policy Review for 2018-2028 Long Term
Plan (17/1699)
Report No. PRC2017/5/287 by the Divisional Manager,
Strategy and Planning 200
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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j) Significance and Engagement Policy 2018 (17/1704)
Report No. PRC2017/5/292 by the
Divisional Manager, Strategy and Planning 204
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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5. Strategy and Planning Activity Report (17/1698)
Report
No. PRC2017/5/5 by the Divisional Manager, Strategy and Planning 224
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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6. New Reserves, Leases and Licences for 2018 (17/1365)
Report
No. PRC2017/4/224 by the Divisional Manager, Parks and Gardens 228
Chair’s
Recommendation:
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"That
the recommendations contained in the report be endorsed.”
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7. General Manager's Report (17/1643)
Report
No. PRC2017/5/294 by the Divisional Manager Environmental Consents and the Divisional
Manager, Regulatory Services and Emergency Management 233
Chair’s
Recommendation:
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"That
the recommendation contained in the report be endorsed.”
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8. Information Item
Policy and Regulatory Committee Work
Programme
(17/1639)
Report No. PRC2017/5/21 by the Committee
Advisor 262
Chair’s
Recommendation:
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"That
the information be noted and received.”
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9. QUESTIONS
With reference to section 32 of
Standing Orders, before putting a question a member shall endeavour to obtain
the information. Questions shall be concise and in writing and handed to the
Chair prior to the commencement of the meeting.
10. EXCLUSION
OF THE PUBLIC
CHAIR'S
RECOMMENDATION:
“That the
public be excluded from the following parts of the proceedings of this meeting,
namely:
11. Proposed Amendment to Local Alcohol Policy. (17/1621)
The general subject of each matter to be considered while
the public is excluded, the reason for passing this resolution in relation to
each matter, and the specific grounds under section 48(1) of the Local
Government Official Information and Meetings Act 1987 for the passing of this
resolution are as follows:
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(A)
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(B)
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(C)
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General subject of the matter to be considered.
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Reason for passing this resolution in relation to each
matter.
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Ground under section 48(1) for the passing of this
resolution.
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Proposed Amendment to Local Alcohol Policy.
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The withholding of the information is necessary to
maintain legal professional privilege (s7(2)(g)).
The withholding of the information is necessary to enable
the local authority to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations) (s7(2)(i)).
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That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.
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This resolution
is made in reliance on section 48(1) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or 7 of that Act which would be prejudiced by the
holding of the whole or the relevant part of the proceedings of the meeting in
public are as specified in Column (B) above.”
Susan
Haniel
COMMITTEE ADVISOR
Policy and
Regulatory
22 September 2017
File: (17/1481)
Report
no: PRC2017/5/284
Reserve Revocation -
9A Durham Crescent Epuni
Purpose
of Report
1. The
purpose of this report is to revoke the reserve status of the property at 9A
Durham Crescent and hand the property back to the Crown so that it can be
incorporated into the total land area to be redeveloped by Housing New Zealand
(HNZ).
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Recommendations
It is recommended that the
Committee recommends that Council agrees to revoke the reserve status of the
property at 9A Durham Crescent, being Lot 202, DP 15426, on the basis that
the reserve is no longer required for its off-street parking purpose and would
be more usefully incorporated into the residential development proposed for
the Epuni area by Housing New Zealand.
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Background
2. The property at 9A Durham Crescent is a Crown-owned reserve vested
in trust with the Hutt City Council (since 1959), for the purpose of off-street
car parking. The reserve is a sealed car park, with access legs off
Durham Crescent and Cambridge Terrace. An aerial photograph of the property is
shown below.
3. The property was set aside as a reserve for off-street car parking
for the public rental housing. With much of the rental housing gone in
this area the property is no longer required for this purpose.
4. Once the reserve status is revoked ownership of the property
will revert to the Crown. The revoked reserve would then be disposed of
by Land Information New Zealand, through its Crown property Division. LINZ will
be advised of HNZ’s proposal to acquire the property so that it can be
incorporated into the proposed new development for this area.
5. The
proposal has been publicly notified as required by the Reserves Act 1977.
There have been no objections to the proposal, although there is one submission
which focusses on the proposed HNZ development.
Discussion
6. The
reserve property is situated strategically between Cambridge Terrace and Durham
Crescent in Epuni such that it is seen as being integral with the proposed
re-development of the Epuni public housing area. Its use as a reserve for
off-street car parking is no longer required and by revoking the reserve status
the land would become available for HNZ to acquire and incorporate into the
land available for development.
7. The
submission raises the issue of the provision of communal open space in the HNZ
development in order to build a sense of community. Before making its
decision on the revocation of the reserve, Council may wish to take this
opportunity to discuss with HNZ this aspect of the development.
Options
8. Council
can either support the proposal to revoke the status of this reserve and
proceed with the revocation process by referring the matter to the Department
of Conservation, or decide not to go ahead with the proposal. By not
proceeding with the proposal Council would continue to manage the land in
trust.
Consultation
9. Public
notice of the proposal to revoke the reserve status of the property was made in
the Hutt News on 3 October 2017. One submission was received. It is attached as
Appendix 1. The submission from Stephen Pattinson is neither for or against the
proposal but rather urges Council to ensure that whatever development is
carried out by Housing NZ around the Epuni station includes multivalent
communal space.
10. The Port
Nicholson Block Settlement Trust and Te Rununga were notified of the proposal.
At the time of writing Council had not received a formal response.
Legal Considerations
11. Section 24
of the Reserves Act 1977 sets out the process by which the reserve status of
the property may be revoked.
Financial Considerations
12. The costs
associated with revoking the reserve status can be accommodated within existing
budgets.
13. Council has
applied to the Department of Conservation for a half share of the net proceeds
of sale of the property. This policy applies where Council has managed the
reserve in trust on behalf of the Crown. It recognises that Council has
incurred operational expenses in managing the reserve over time.
Other
Considerations
14. 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 is making a decision on a Crown-owned reserve property for which it
has a trust status.
Appendices
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No.
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Title
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Page
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1⇩
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Submission_HCC Reserve in Durham St
Epuni
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18
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Author: Bruce
Hodgins
Divisional Manager, Parks and Gardens
Approved By: Matt Reid
General Manager Community Services
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Attachment 1
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Submission_HCC Reserve in Durham St Epuni
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Policy and Regulatory
06 November 2017
File: (17/1697)
Report
no: PRC2017/5/285
Sale of Land Queens
Drive
Purpose
of Report
1. This
report seeks Council approval for the sale of a small strip of land in Queens
Drive, which was the subject of an administrative oversight in a subdivision
that occurred in 2002.
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Recommendations
It is recommended that the
Committee recommends that Council agrees to the sale of the property on
Queens Drive, being Lot 4, DP 17143 on CFR WN700/74, to Napier BSL No 7
Limited in order to rectify a legal administrative issue which has been
brought to Council’s attention by Land Information New Zealand (LINZ).
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Background
2. LINZ
has brought to Council’s attention that a small strip of land on Queens
Drive is held in two separate computer freehold registers, effectively having
two fee simple titles, one of which is owned by Hutt City Council. The
strip is shown coloured blue in the plan below.
3. The
property, over which part of the Big Save Furniture building is built, is a 30
metre long by 0.3 metre wide strip of land held by Council for the purpose of
street extension. Its legal title is Lot 4, DP 17143 on CFR WN700/74.
4. The
strip also appears to have been inadvertently included in Lot 1 DP 315572,
which is the property occupied by Big Save Furniture. This situation has
occurred in error, when several lots in this area were subdivided in
2002. The surveying company that did this work has accepted
responsibility for this error.
5. The
most pragmatic way to rectify this situation is for Council to sell the land to
the neighbouring land owner, which is Napier BSL No 7 Limited.
Discussion
6. Council
has no requirement for this small strip of land for street extension or any
other purpose. As the land is currently built on, there is no other
practical solution but to sell to the owners of the adjacent property.
Options
7. The
only practical option is to sell the property.
Consultation
8. There
is no requirement to consult.
Legal Considerations
9. The
same piece of land cannot be held in two separate titles. LINZ has
identified and brought the matter to Council to rectify. Once the property is
sold the Council title will be extinguished, thus resolving this duplication.
Financial Considerations
10. The costs
associated with rectifying the duplication of legal titles will be met by the
surveying company that made the original mistake.
11. Officers
propose that the sale be for a nominal fee of $1, noting that Council has been
receiving rates on the land since 2002.
Other Considerations
12. 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 involves the sale of a Council owned property.
Appendices
There are no
appendices for this report.
Author: Bruce
Hodgins
Divisional Manager, Parks and Gardens
Approved By: Matt Reid
General Manager City and Community Services
Policy and
Regulatory
09 May 2017
File: (17/1641)
Report
no: PRC2017/5/286
Days Bay Reserves
Declaration and Classification
Purpose
of Report
1. Consultation has
been carried out to seek the community’s view on a proposal to declare
seven properties in Days Bay as reserve and classify them in accordance with
the Reserves Act 1977. This report summarises the results of the public
consultation and recommends that Council give approval to classify seven
properties.
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Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes
that seventeen submissions were received with fourteen submissions supporting
the proposed reserve declaration and classification;
(ii) thanks
submitters for participating in the consultation process;
(iii) agrees
to declare areas A, B, C, D, E, F and G, illustrated on the plan in section
seven of this report as reserve, in terms of section 14 of the Reserves Act
1977;
(iv) agrees that
areas A, B, C, D, F and G, illustrated on the plan in section seven of this
report, be classified as Recreation Reserve in accordance with section 17 of
the Reserves Act 1977;
(v) agrees
that area E, illustrated on the plan in section seven of this report, be
classified as Scenic Reserve in accordance with Section 19(1)(b) of the
Reserves Act 1977; and
(vi) directs
officers to publish the classifications, as resolved at this meeting, in the
New Zealand Gazette.
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Background
2. The
Days Bay Residents’ Association queried the reserve status of land in
Williams Park in April 2017. In the process of responding, officers
became aware that properties in Days Bay have not been classified under the Reserves
Act 1977. The properties have been managed as reserve since 1914 and some
current and old Certificates of Title indicate an intention for them to be
managed as reserve. Classification would reinforce the purpose for which
the properties are held by Council and the updated status would enable the
properties to be administered in a way that is consistent with most of the
reserve properties owned by the Hutt City Council.
Discussion
3. Williams Park is a
popular site in Days Bay and it offers a range of recreational
opportunities. Land immediately east of Williams Park is managed by the
Greater Wellington Regional Council and forms part of East Harbour Regional
Park which is recognised for recreation, landscape and ecological values.
Land on the seaward side of Eastern Bays Marine Drive in Days Bay is managed by
Council and offers a range of coastal recreation opportunities.
4. There are four
properties in Williams Park that have not been classified under the Reserves
Act 1977. Another large parcel to the east has not been classified and is
managed as part of the East Harbour Regional Park. Two properties on the
seaward side of Eastern Bays Marine Drive have not been classified. All
seven properties are owned by Hutt City Council and are managed as reserve.
5. Williams Park has
been managed by the Hutt City Council since local government amalgamation in
1989. Prior to amalgamation the Park was owned and managed by the
Wellington City Council and before that it was a privately owned by the Wellington
Steam Ferry Company.
6. Strategic
Direction 1 in Council’s Reserves Strategic Directions sets out
Council’s expectation for land managed as reserve to be classified in
accordance with the Reserves Act 1977.
7. Officers
recommend that seven properties in Days Bay be classified.
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Legal
Description
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Size
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Proposed Classification
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Note
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A
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Part Section 33 Harbour District CTWN49C/741
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.20795ha
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Recreation Reserve
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Part of Williams Park
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B
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Part Section 33 Harbour District CTWN49C/741
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.19463ha
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Recreation Reserve
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Part of Williams Park
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C
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Part Section 33 Harbour District CTWN49C/741
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5.6195ha
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Recreation Reserve
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Part of Williams Park
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D
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Part Section 33 Harbour District CTWN49C/741
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.6508ha
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Recreation Reserve
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Part of Williams Park
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E
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Lot 2 DP 456938 CT591561
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253.2814ha
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Scenic Reserve 19(1)(b)
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Part of East Harbour Regional Park
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F
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Pt Sec 33 Harbour District CTWN250/231
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.2539ha
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Recreation Reserve
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Days Bay coast
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G
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Pt Sec 33 Harbour District CTWN250/231
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.5434ha
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Recreation Reserve
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Days Bay coast
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Options
8. Council
may wish to direct officers to report back on an area labelled C2 on the aerial
plan below at a future meeting and consider whether this area is surplus to
Council’s reserve requirements. This option was not included in the
2017 consultation material as it was not considered at that time. Area
C2 is approximately 1855m².
9. If
Council determines that Area C2 is surplus to Council’s reserve
requirements, Council might eventually choose to specifically consider disposal
of part of the property. The Public Works Act processes for dealing with
surplus land held as a public work would need to be followed plus consultation
in accordance with Section 138 of the Local Government Act 2002. Before
Area C2 could be sold a plan change and subdivision would be required. If
Area C2 is surplus, the remaining portion of Area C would be declared as
reserve and classified as Recreation Reserve. If Area C2 is not surplus
the entire Area C property would be declared and classified as Recreation
Reserve.
10. Council
could choose to not proceed with Reserves Act classification. However
this is not in line with Council policy, which is to protect land held for
reserve purposes by declaring it reserve under the Reserves Act 1977, according
to its character and anticipated use.
Consultation
11. The Days Bay
Residents’ Association, East Harbour Environmental Association, Mainland
Island Restoration Organisation, Eastbourne Historical Society, the Rununga,
Wellington Tenths Trust, Port Nicholson Block Settlement Trust and Greater
Wellington Regional Council were invited to comment on the classification and
naming proposal.
12. A public
notice inviting submissions on the proposal to declare and classify seven
properties managed as reserve in Days Bay was published in the Eastbourne
Herald 23 June and the Hutt News 22 June 2017. Copies are attached as Appendix
3 to the report.
13. Seventeen
submissions were received. Fourteen submissions support the
proposal. There are no objections. A summary of submissions is
attached as Appendix 1 to the report. Individual submissions are attached
as Appendix 2 to the report.
14. With her
agreement, Linda Buchanan’s submission SDB17/3 has been treated as a
request for information rather than a submission.
15. Donald
Long’s submission SDB17/8 supports the proposed reserve declaration and
classification on the proviso that Council alters the noise limits and timing
of noisy events in Williams Park. Mr Long has been advised that the
District Plan, not the Reserves Act classification process, manages
noise. Mr Long’s submission has been treated as neither supporting
nor opposing the proposal.
16. The Mainland
Island Restoration Trust SDB17/17 supports the proposal and requests that the
four properties within Williams Park be classified as Scenic Reserve rather
than the proposed Recreation Reserve. MIRO has been advised that, while
scenic qualities are present, they are not the primary purpose of the four
properties. The primary purpose of the properties is most closely aligned
with the purpose of Recreation Reserve set out in Section 17 of the Reserves
Act 1977.
17. The report
was considered by the Eastbourne Community Board at its meeting on 7 November
2017 which resolved:
“That the Committee endorses the
recommendations contained in the report, and adds that it supports all seven
areas A, B, C (including area C2), D,E, F and G as reserve areas.”
Legal
Considerations
18. The Reserves
Act 1977 sets out the process and considerations for classifying land as
reserve under Sections 14, 17 and 19. Declaring and classifying land
under the Reserves Act is the primary method used by the Hutt City Council to
protect reserves and control their management.
19. Reserve land
should be classified before leasing, licensing or preparing reserve management
plans.
20. All seven
properties are in the General Recreation Activity Area of the District Plan.
Financial Considerations
21. The cost of
undertaking reserve classification is less than $500. This has been
funded from the Parks and Gardens operational budget.
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 the local
government in that it responds positively to Council’s Reserves Strategic
Directions strategy to protect land it owns for reserve purposes and classify
it according to its character and anticipated use in under the Reserves Act
1977. It does this in a way that is cost-effective because the cost of
implementing the recommendation is low.
Appendices
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No.
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Title
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Page
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1⇩
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Summary of Submissions - declare and
classify 7 Days Bay properties as reserve - August 2017
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28
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2⇩
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Combined Submissions for 7 Reserve
Properties in Days Bay Consultation - 2017
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30
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3⇩
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Hutt News and Eastbourne Herald
copies of advertisements for Days Bay Reserve declaration and classification
- June 2017
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53
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Author: Kelly
Crandle
Asset Planner
Reviewed By: Bruce Hodgins
Divisional Manager, Parks and Gardens
Approved By: Bruce Sherlock
Strategic Projects Director
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Attachment 1
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Summary of Submissions - declare and classify 7 Days
Bay properties as reserve - August 2017
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Attachment 2
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Combined Submissions for 7 Reserve Properties in
Days Bay Consultation - 2017
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Attachment 3
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Hutt News and Eastbourne Herald copies of
advertisements for Days Bay Reserve declaration and classification - June
2017
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Policy and Regulatory
31 October 2017
File: (17/1692)
Report
no: PRC2017/5/291
Parking Policy -
completed consultation
Purpose
of Report
1. Report
back on the consultation completed on the Parking Policy.
2. Seek
committee’s approval to take Parking Policy to Council for adoption.
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Recommendations
It is recommended that the
Committee recommends that Council approves the Parking
Policy, as attached as Appendix 2 to the report, with the changes made as a
result of the consultation process.
For the
reasons:
The parking
policy sets out a rationale and framework for assessing and making decisions
regarding council managed parking in the city.
The policy
will assist Council officers to make consistent decisions regarding parking
assets.
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Background
3. At
its meeting on 25 September 2017, Council’s Policy and Regulatory
Committee approved a draft Parking Policy for consultation. Following this
decision, officers:
· designed a short consultation survey;
· arranged a workshop and meetings with stakeholders; and
· attended a public meeting arranged by the Petone Community Board
4. The
consultation and survey was publicised on Council’s website and in the
media. Thirty nine (39) submissions were received although not all submitters
completed the survey.
5. During
stage 1 of the work to develop the policy officers had engaged with agencies
and individuals, particularly in relation to discussing the context and forming
the objectives for the policy. As part of the consultation a workshop was
arranged for stakeholders to discuss their views on the proposed policy. The
workshop was attended by representatives of Greater Wellington Regional
Council, Living Streets, Healthy Families Lower Hutt, and a resident of the
city with an interest in mobility parking. A meeting was held with a
representative from CSS Disability who could not attend the workshop. Other
stakeholders did not attend the meeting for various reasons. Additionally,
officers from the Transport Team and Strategy and Planning attended a public
meeting to discuss the policy document arranged by Petone Community Board on 31
October 2017.
Discussion
6. The
results of the survey along with a summary of comments are presented below. The
full comments are contained in Appendix 1 attached to the report.
7. Twelve
respondents focused solely on their opposition to paid parking in Jackson
Street, Petone, and did not use the submission form. These respondents appear
to have been informed that the policy proposes paid parking in Jackson Street.
The policy document does not include a proposal to introduce paid parking in
Jackson Street nor does it propose specific intervention in any other area of
the city. The Parking Policy sets out a rationale and framework for assessing
and making decisions regarding council managed parking in the city.
8. Several
other individuals responded to the consultation by email and did not complete
the questions. Below is a summary of the main points:
· A
holistic view of parking as part of transport system, how Council allocates
road-space, and ensures good access to the city.
· Sets out
a consistent rationale and shows how assessments will be done in individual
situations.
· Concern
that the policy was taking a ‘one size fits all approach’ with
regard to the mechanism of pricing.
· Generally
supportive of the hierarchy with suggestions in relation to the priorities in
some categories, as well as clarification regarding practical implementation.
· Does the
approach adequately cover transport planning for events in the city e.g. how to
include public transport and active transport in planning for events?
· Ensuring
that assessments consider the possible effects of imposing or changing
restrictions on nearby areas i.e. the potential displacement of problems.
9. Do
you agree with the objectives for supply and management of parking in the city?
|
Response
|
Number of submitters
|
%
|
|
Strongly disagree
|
1
|
5%
|
|
Disagree
|
2
|
10%
|
|
Agree
|
10
|
50%
|
|
Strongly agree
|
7
|
35%
|
Twenty submitters
replied to the question. Overall there was strong agreement with the objectives
set out in the consultation. Respondents welcomed the focus on the safe
movement of people, ensuring access to the city by a range of modes of
transport, and supported environmental resilience. There were specific comments
regarding the general nature of the objectives and that the objectives
weren’t prioritised.
10. Do you agree with the approach Council has
taken i.e. using the New Zealand Transport Agency's One Network Road
classification, and land uses identified in New Zealand Standard 4404?
|
Response
|
Number of submitters
|
%
|
|
Strongly disagree
|
3
|
16.7%
|
|
Disagree
|
2
|
11%
|
|
Agree
|
5
|
27.8%
|
|
Strongly agree
|
4
|
22%
|
|
Don’t know
|
4
|
22%
|
Eighteen
submitters responded to this question. There was general agreement with the
proposal to use the road classification along with the land-use
classifications. A number of respondents agreed that the approach taken was
logical and that it is one adopted elsewhere. However, several submitters,
whether or not they agreed with the hierarchy, felt that NZS 4404 required
better explanation. This point is also reflected in the fact that a number of
submitters replied Don’t Know to this question. Individual submitters
wanted to see greater priority given to some of the categories in the
hierarchy. Several respondents also wanted further explanation regarding how
officers will apply the hierarchy, particularly in areas which have a mixture
of land uses, where residential areas are bordered by or in close proximity to
commercial or industrial developments. The amended policy document
includes further explanation of NZS4404 and how Council’s Transport Team
would apply the policy framework.
11. Do you agree with the priority given to groups
of users and movements within the types of areas identified?
|
Response
|
Number of submitters
|
%
|
|
Strongly disagree
|
2
|
11%
|
|
Disagree
|
2
|
11%
|
|
Agree
|
10
|
55.6%
|
|
Strongly agree
|
3
|
16.7%
|
|
Don’t know
|
1
|
5.6%
|
Most
of the 18 respondents agreed with the priority given to the categories within
the areas identified in the hierarchy. Again, several respondents suggested
slightly different priorities within the land-use areas. A number of comments
were made about the importance of how the hierarchy is applied in practice e.g.
that its application is sensitive enough to pick up on the pressures caused in
one area e.g. Live and Play, by users in nearby areas of Make, Grow and Move,
etc. These comments relate to the diverse nature of development in the city and
the hierarchy is a guide to managing the use of road-space. Assessments for
particular areas would include the local pressures caused by nearby land-uses
and developments.
12. Do you agree with council’s proposed
approach to mobility parking?
|
Response
|
Number of submitters
|
%
|
|
Strongly disagree
|
0
|
0%
|
|
Disagree
|
2
|
11%
|
|
Agree
|
15
|
83%
|
|
Strongly agree
|
1
|
5.6%
|
Eighteen people replied to this question and the majority
agreed with the proposals. Specific comments were made about ensuring that mobility
spaces were in the right locations and designed appropriately e.g. in terms of
size. Those who selected ‘disagree’ felt that the city had an
adequate supply of mobility spaces or that more focus should be placed on
providing mobility spaces at or close to community facilities.
13. What do you think of how Council will assess
local parking issues and whether to intervene?
Fifteen
respondents replied to this question. Some respondents wanted Council to
intervene proactively, for example to:
· prioritise the use
of road-space to improve access by public or active transport;
· improve situations
in particular areas of the city where they live and/or work and where there is
pressure on on-street parking;
· ensure turnover in
parking in the city.
Other comments included:
· that Council should
not introduce paid parking to Jackson Street;
· that Council should
include public consultation into the intervention process;
· improving
enforcement of parking violations in the city; and
· supporting
resident parking as long as the cost of permits is fair.
· several respondents
from High Street, Petone, submitted in support of the resident parking scheme
that Council established there in July 2012.
14. Additional comments from the survey included descriptions of parking
pressures in particular areas, support for working with private providers and
businesses, improving the public and active transport options to improve access
to areas of the city, ensuring that interventions are regularly reviewed as areas
change, and improving the safety of carpark areas such as The Riverbank and
Peel Street in Petone.
Changes to
policy document
15. As a result of the consultation discussions officers have made the
following changes to the policy document.
Scope
16. In terms of
scope, clarify that the document relates to parking that is managed by Council.
The policy refers to working with other providers, and Council still need to do
this, however its focus is directly on Council’s on-street parking and
off-street parking.
Objectives
17. Amend
objective one to place the emphasis on prioritising the safe movement of
people.
Road-space
hierarchy
18. In terms of
the hierarchy, further explain the use of the land-use classification used
along with clarifying that the hierarchy will be used as a guide to
prioritising the use of road-space with consideration given to the pressures
that different land-uses in or near particular areas are causing.
19. The Road-space Hierarchy adopts the land use types from New Zealand
Standard 4404: 2010 – Land development and subdivision infrastructure,
rather than Hutt City’s District Plan Activity Areas (also commonly known
as zones). The District Plan Activity Areas have clearly defined boundaries and
are used to define and control the activities that are permitted in those
areas. Adoption of the NZS4404 land uses is also appropriate as new roads are
required to meet this engineering standard under Chapter 14A (Transport) of the
District Plan (under Plan Change 39).
20. By using the more generalised land uses adopted in NZS4404 when
considering the use of road-space, Council will be better able to consider
areas with mixed land use types, such as where shops are located within
residential areas, or apartments are located within commercial areas. The
Hierarchy will assist Council to achieve more consistent decision making in
consideration of road-space use and parking matters, but officer judgement will still be required due to the
numerous combinations of land use and parking demand.
21. Officers considered the comments of submitters in terms of
re-prioritising individual categories within the hierarchy. However, as the
hierarchy is used as a guide it was felt that moving categories up or down one
or two spaces would not make a practical difference in the way it is applied.
Mobility
parking
22. Mobility
parking – improve the explanation around the longer time periods allowed
for people with mobility permits.
23. Make 120
minutes the default time allowed for people with permits in specified mobility
spaces.
Electric Vehicle
parking
24. Electric
vehicles – as this is covered in Council’s work with other Councils
in the region we propose removing this from the policy document.
Intervention
25. Further
clarify that the policy framework will be used proactively by Council to ensure
that the use of road-space and parking is meeting its objectives, and to assess
requests from other parties in relation to road-space and parking. Clarify the
explanation with regard to achieving 85% occupancy for on-street parking.
26. Add
reference to public consultation with regard to any specific changes proposed
in the future in the intervention section.
27. As noted
above, the Parking Policy sets out a rationale and framework for assessing and
making decisions regarding the management of council managed parking in the
city. In applying the policy, assessments will be conducted on a case by case
basis – rather than taking a one size fits all approach as said by some
submitters – and will explore the character and land-use of the
particular area being investigated and nearby areas using road-space hierarchy,
and data on parking use. The hierarchy section also describes how the policy
will consider individual situations in any assessment work.
Resident parking
28. Delete the
detail in terms of resident parking e.g. the maximum number of permits, annual
renewal, and non-transferrable status of permits. This allows the required
flexibility when assessing any need for schemes in the city.
High Street, Petone
– resident parking scheme
29. The current High Street, Petone, scheme was established as part of
measures to better manage on-street parking in areas around the WelTec campus
in Petone at the same time as Council was considering ‘Proposed
District Plan Change 25 to introduce a Tertiary Education Precinct under the
Resource Management Act and associated policies and controls that would only
apply to the WelTec Campus’. (See Report no: PCB2012/3/110)
30. Time
restricted parking was introduced in nine streets in the area with a resident
parking scheme established in High Street in July 2012 that operates Monday to
Friday between 8am and 6pm. A review in 2013 found that the busiest time
of the day had occupancy levels of between 65% and 88%. (Report no: PCB2013/4/215
(4). The scheme provides residents with as many permits
as there are cars belonging to residents. Permits are free. The majority of
houses in High Street have off-street parking.
31. The parameters of this scheme e.g. as many permits as there are
cars, and no allowance for off-street parking available to households is not
sustainable in terms of an overall approach to managing resident parking in the
city. Council will need to consider whether this approach is useful going
forward. The report to the Petone Community Board in 2013 notes that further
review of the scheme can be carried out if/when on-street parking demand
changes (option 3 in the 2013/4/215 paper). Plan change 25 sought to amend the
relevant activity areas of the District Plan to specifically provide for the
on-going use and development of WelTec’s tertiary education facilities
within the existing campus and became operative in November 2013. The parking
scheme could be reviewed under the framework of the proposed policy.
Options
32. The options for
Council in terms of the policy framework are:
a. Approve the policy with the changes
above.
b. Approve the policy with changes above
and any further changes that Council requires.
c. That Council does not approve the
policy.
Legal
Considerations
33. None
Financial
Considerations
34. None.
Other
Considerations
35. 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 deals with one of Council’s
core activities i.e. a component of the city’s transport system and
access to the city.
36. A consistent approach to parking management will mean that the
transport network overall will be more efficient and responsive to changing
need in the city and contribute to shaping the city for the future. It does
this in a way that is cost-effective because it seeks to make the best use of
current parking resources, contributes to improving access to the city by other
transport modes, and ensures that Council’s approach to parking
contributes to economic growth and resilience.
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
Parking consultation A1 - 9 November
2017
|
62
|
|
2⇩
|
Parking policy - P&R 27 November
2017
|
95
|
Author: John
Pritchard
Senior Research/Policy Advisor
Reviewed By: Wendy Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
|
Attachment 1
|
Parking consultation A1 - 9 November 2017
|
|
Attachment 2
|
Parking policy - P&R 27 November 2017
|
Hutt City Council – parking
policy
14 November 2017
Executive
Summary
Successful
cities depend on a safe and efficient transport system. Parking is a key
resource in this system and facilitates access to activities and attractions in
the city, such as employment, shopping, and social opportunities. The management of parking
influences people’s decision to drive or to use other transport modes,
and also affects safety and congestion on the roads.
Hutt City
Council’s parking policy provides the strategic direction and framework
for the supply and management of Council regulated public parking in the city.
Parking in the city is also provided by private parking companies, large retail
business, as well as Greater Wellington Regional Council which provided park
& ride facilities at Petone and Waterloo stations. Council’s approach
to parking contributes to its long-term strategies in terms of:
· safe and efficient
movement of people and goods;
· supporting economic
performance – ensuring parking is well-used and also regularly available;
· contributing to
environmental sustainability and the resilience of our infrastructure;
· shifting transport
choices;
· supporting
Council’s work to enhance walkability and a cycle-friendly environment;
and
· delivering
high-quality customer service.
1. Introduction
Effective
parking management is critical to a safe and efficient transport system
providing access to destinations and activities in the city and also
strategically important to shaping Hutt City for the future.
Hutt City
Council has a central role in the supply and management of parking. Council is
responsible for on-street parking across the city and has off-street parking in
locations such as the Riverbank carpark and in areas around the Civic Centre in
Laings Road. Council’s Parking Services Team enforces compliance with
parking restrictions in order to ensure good access to the city.
Council’s
focus is on more effectively managing the city’s parking resources rather
than creating more supply.
Both the
approach to transport planning and people’s expectations in relation to
transport and the infrastructure that supports it are changing. While the
transport system is currently dominated by provision for private vehicular
transport, research recognises that factors such as limited network capacity,
demographic change, a focus on resilience and urban intensification, the
emergence of driverless vehicles and growing use of transport as a service,
will radically change the way people travel, influence vehicle ownership, and
affect parking requirements. Council is responding to these challenges by
developing an integrated approach to the city’s transport system that
includes improving the road network and active transport connections and
infrastructure, as well as more effective parking management.
The availability,
cost, and any restrictions placed on parking influence decisions regarding the
mode of transport used which in turn affects the level of congestion in an area
and travel time to destinations. Parking management facilitates safe and
efficient access to destinations and activities and therefore to creating a
thriving liveable city for residents and visitors, reducing car travel,
supporting greater use of public transport, and enhancing experience of the
built environment in the city.
Using mechanisms
such as pricing or time restrictions where required, Council will ensure that
parking is available and enables access to employment, retail and leisure
opportunities. Similarly, our approach to parking management will support and
enable our work to improve the use of active and other modes of transport.
2. Objectives
for the supply and management of parking
The
policy seeks to ensure that people are able to access the city and interact
with its activities effectively using a variety of modes of transport, and
enables Council to take a consistent approach across the city. Hutt City Council’s objectives
for the supply and management of parking are:
1. A safe city –
prioritising the safe movement of people, while enabling efficient
movement of goods and services.
2. A liveable and
thriving city – supporting place-making, amenity, and economic growth.
3. A city that is
environmentally resilient – reflecting Council’s work in leading
environmental stewardship and resilience.
4. A city that has
equity of access – supporting Council’s work to create a walkable
and people-friendly city accessible to all.
5. A high level of
customer service – delivering a quality experience for residents and
visitors.
3. Road
space hierarchy
The road
corridor is a key public space that is managed by Council. This space is
limited and using it effectively is crucial to achieving social, economic and
environmental, success. There are many competing demands for road-space
and while provision for parking vehicles is important it is not the only use of
this space.
Council
uses the hierarchy shown below to help manage the demand for and use of the
city’s road-space according to the policy objectives in section 2 and the
needs of particular areas. The hierarchy is a guide to assist Council in
making consistent decisions and ensure that parking serves the main purposes
and land-use of areas in the city. Without effectively managing demands for
on-street spaces parking resources become saturated and their usefulness
diminishes.
The
hierarchy adopts the land use types from New Zealand Standard 4404: 2010
– Land development and subdivision infrastructure, rather than using
Hutt City’s District Plan Activity Areas (also commonly known as
zones). Groups of users and movements are then given priority within the
land-use areas identified. The District Plan Activity Areas have clearly
defined boundaries and are used to define and control the activities permitted
in those areas. Adoption of the NZS4404 land uses is also appropriate as new
roads are required to meet this engineering standard under Chapter 14A
(Transport) of the District Plan (under Plan Change 39). By using the
more generalised land uses adopted in NZS4404 when considering the use of road-space,
Council will be better able to consider areas with mixed land use types, such
as where shops are located within residential areas, or apartments are located
within commercial areas.
Applying
the hierarchy will still require officer judgement due to the numerous combinations of
land use and parking demand. The city has many different land-uses in
close proximity to each other as well as historic precincts with limited
off-street parking and areas which, although primarily residential, also include
educational institutions, retail, or commercial interests. The pressures that
these different land-uses place on road-space will be considered when using the
hierarchy.
Users with
lower priority may still have access to on-street parking, however their access
may be limited and restrictions may be implemented to ensure that space is
attractive and available for users and uses with higher priority.
The main
priority for all areas is safety e.g. through no stopping zones. There are also
several other common priorities across the hierarchy, which are ensuring
existing property access, mobility parking, and space for public transport and
developing infrastructure for active modes. An adequate supply of mobility
parking is crucial in providing good access to the city for people with
impaired mobility. Similarly, prioritising road space for improving connections
to the city by public or active transport will assist with transport choices
and help manage parking demand.
In Live
and Play areas on-street parking spaces are important to support resident
parking where none can be provided off-street. However, parking for residents
also needs to be balanced against the needs of short-term customer parking for
local shops, services, community facilities, schools and educational
institutions. Parking for local employees and, to some extent commuters, can
also be accommodated in these areas if possible.
In Shop
and Trade, and Work and Learn areas on-street parking is a key resource to
support access for customers to shops, restaurants, and social opportunities.
It is also important to provide good access to public and active transport
provision, suitable mobility parking spaces close to key destinations, and that
pick-up and drop-off spaces and loading zones are available to service the
areas. For example, in shopping areas short-term parking for shoppers
receives high priority in order to contribute to the performance of businesses
in the area. Commuters and employees may still be able to find spaces in these
areas however restrictions on the parking, in terms of time-limits or pricing,
could reduce the usefulness of these spaces to such users. Those users
looking for longer-stay parking may need to park in areas further away from
centres or in off-street parking areas.
Similarly,
research indicates that in some instances reallocating road-space from parking
to improve amenity, create people-friendly spaces and encourage travel by other
transport modes contributes to economic performance, and priority is given to
such use of space. This
could be the case for example in terms of developing outdoor dining areas,
contribute to RiverLink, and to enable the provision of infrastructure to
improve access to destinations by cycling or walking.
In Make,
Grow and Move areas on-street space is important to enable effective
movement of goods in and out, as well as links and access to the areas by
public and active transport. Some priority is also given to short-term parking
for clients or customers as well as to local employee parking in these areas to
avoid some of the overspill of longer-term parking to adjacent areas.
|
Attachment 2
|
Parking policy - P&R 27 November 2017
|
|
Road
Hierarchy
|
|
|
|
Road-space Hierarchy
|
|
|
NZTA
One Network Road Classification
|
NZS4404
|
|
|
|
|
|
National
Road
|
|
|
|
No parking
|
|
|
Regional
Road
|
Major
arterial
|
|
|
|
|
|
Arterial
|
Minor
arterial
|
|
|
|
|
|
Primary
Collector
|
Connector/Collector
|
|
|
|
|
|
Secondary
Collector
|
Connector/Collector
|
|
Live and Play
|
Shop and Trade
& Work and Learn
|
Make, Grow, and
Move
|
|
Access
|
Local
Road
|
|
(Residential and
Parks)
|
(Retail and
Services & Offices and Schools)
|
(Agricultural,
industrial, and warehouses)
|
|
Access
(Low Volume)
|
Lane
|
|
|
|
|
|
1
|
No
stopping zones
|
No
stopping zones
|
No
stopping zones
|
|
|
Existing
property access
|
Existing
property access
|
Existing
property access
|
|
|
Public
transport stops
|
Public
transport stops
|
Public
transport stops
|
|
=
2
|
Mobility
parking
|
Mobility
parking
|
Mobility
parking
|
|
|
Active
modes – including provision for removing car park spaces for walking
and cycling infrastructure
|
Active
modes – including provision for removing car park spaces for walking
and cycling infrastructure
|
Active
modes – including provision for removing car park spaces for walking
and cycling infrastructure
|
|
3
|
Drop
off/ pick up zones (schools/ rail)
|
Amenity
- inc. landscaping and/or adding street furniture
|
Drop
off/ pick up zones (schools/ rail)
|
|
4
|
Residential
parking
|
Drop
off/ pick up zones (schools/ rail)
|
Loading
Zones
|
|
5
|
Short-term
parking
|
Loading
Zones
|
Motorcycle/scooter
parking
|
|
6
|
Loading
Zones
|
Short-term
parking
|
Local
employee parking
|
|
7
|
Amenity
- inc. landscaping and/or adding street furniture
|
Motorcycle/scooter
parking
|
Short-term
parking
|
|
8
|
Motorcycle/scooter
parking
|
Residential
parking
|
Amenity
- inc. landscaping and/or adding street furniture
|
|
9
|
Residential
visitor parking
|
Local
employee parking
|
Residential
parking
|
|
10
|
Local
employee parking
|
Residential
visitor parking
|
Residential
visitor parking
|
|
11
|
Commuter
car parking
|
Commuter
car parking
|
Commuter
car parking
|
The
top five uses of space are the same across all areas and reflect road safety
and efficient movement, and Council's aims of improving access to the city by
public transport and active transport.
The
difference between local employee parking and commuter car parking is as
follows: Commuters are those who park their vehicle before boarding another
form of transport e.g. bus or train to their place of work; local employees are
those who park their vehicle before travelling a short distance, most likely on
foot, to their place of work. The effect of both uses is the same – all
day occupancy of parking spaces – and therefore, apart from in Make, Grow
and Move, the hierarchy does not provide for a significant difference in the
priority given to these categories.
|
Attachment 2
|
Parking policy - P&R 27 November 2017
|
4. Mobility
parking
Mobility
parking that is well-located, accessible and safe is crucial to enabling people
with disabilities to easily access areas and destinations in the city. Hutt
City Council provides a number of mobility spaces in Shop & Trade and Work
& Learn areas in the city. A valid mobility parking permit must be
displayed whilst parked in these spaces. Hutt City Council’s Parking
Services Team proactively enforces restrictions with regard to mobility
parking.
Council
will not generally provide mobility parking spaces in residential areas.
However, officers will assess situations on a case by case basis.
Reflecting
that people with disabilities will often require more time to get around and
conduct their business and activities, those with valid mobility parking permits
are allowed to park for double the time in spaces which are otherwise
restricted to 30 or 60 minutes.
|
Parking space
|
Concession
|
|
Spaces
specifically designated as disabled parking spaces
|
People
with a mobility parking permit can park for the time shown only. The default
time for these spaces will be 120 minutes.
|
|
P30
time-limited
|
People
with a mobility parking permit can park for 1 hour
|
|
P60
time-limited
|
People
with a mobility parking permit can park for 2 hours
|
|
Paid
parking areas of up to 1 hour
|
People
with a mobility parking permit who pay for the time period shown can park for
double the time period allowed.
P30
– mobility parking permit holders can park for 1 hour.
P60
– mobility permit holders can park for 2 hours.
|
|
P5,
P10, P15, P120, P180, P240
|
There
are no concessions for mobility permit holders in spaces with these
restrictions.
|
Hutt
City Council will regularly review mobility parking to ensure that there is
sufficient supply, that spaces meet design standards, and that spaces are
located appropriately.
5. Intervention
The
hierarchy identifies the priorities for use of road-space and, in some
instances, ensuring that the space is available and used in-line with the
priorities will mean implementing restrictions such as time-limits or pricing
or amending current restrictions. Interventions could also include
removing parking so that the space can be put to a different use.
The parking
policy sets out the rationale and framework used by Council to both proactively
ensure that the use of road space is contributing to its objectives and to
respond to requests from other parties in relation to use of road-space and
parking. Assessments will explore situations on a case by case basis,
including the character and land-use of the particular area and nearby areas
using the road-space hierarchy, data on parking use, as well as the potential
effects of any interventions on adjacent areas. Council will
continue to conduct public consultation with regard to any changes that are
proposed.
Council
will seek to achieve the peak time occupancy rate of 85% for on-street parking.
This occupancy rate means that parking is well used and people can still find
spaces. Occupancy which is regularly above this level results in a poor
level of service for users, and means that the parking is not servicing the
needs of the particular area. If occupancy is identified as being regularly
above 85%, Council may recommend changes to the management of parking in the
area.
Pricing and time
restriction
Mechanisms
to directly manage parking include the introduction of parking fees, changing
existing fees, introducing or changing time restrictions, and establishing
permit areas e.g. in residential areas. Council will consider using these
mechanisms, alongside promoting active transport and the use of public
transport, to ensure that parking resources contribute to our objectives and
long-term strategies.
Pricing is
an effective tool for managing parking in areas of higher demand. A
reasonable price does not deter people from visiting an area where there are
activities and attractions and is effective in ensuring that a number of spaces
are regularly available in busy parking areas.
Time
restrictions can work well in areas which have low to medium parking demand. As
demand increases it is possible to reduce the time-limit in an area or parts of
it to better manage the parking available. If demand for parking is high,
setting a reasonable cost for the parking is the most effective tool for
ensuring turnover of spaces. In some areas of the city time restricted parking
is currently misused e.g. employees of local business, who move their cars
several times a day to exploit time restricted free parking.
Parking in residential areas
Busy
on-street parking in primarily residential areas can cause access and safety
problems for residents, visitors, and other road users, particularly in areas
around commercial centres, the central business district and transport hubs,
where on-street parking is used by employees/commuters during the working day.
Lower Hutt currently has few areas where there is need to create resident
parking schemes. As the city changes both in terms of its population and
residential profile it is important that we have an approach to effectively
manage any parking issues.
Intervention
to address parking pressures in residential areas will be designed for the
particular local situation and could include:
· time-limits for
part of the area to deter commuter parking;
· residential parking
schemes that exempt resident from time restricted parking.
Implementing
time-restrictions to parking, with exemptions for residents, can relieve
parking pressures. Time restrictions could apply to all or sections of
the street/area.
As each
area in the city has different pressures local situations will be assessed on a
case by case basis. Initially, Council will assess the use of parking in
the area. If on-street parking occupancy is regularly above 85% we will explore
implementing parking restrictions. In
areas where on-street parking use is high assessments will include whether
properties:
· have off-street parking at all on
the property;
· there is space on the property that
could be converted to off-street parking; and
· the availability of on-street
parking within a reasonable i.e. 400 meter, walking distance.
Consideration
will also be given to whether land use changes have had a detrimental effect on
parking availability in the area and any other factors that are relevant to the
specific situation being assessed.
Council
will charge an administration fee for issuing permits and operating permit
schemes. Residential schemes do not guarantee people a parking space.
New developments in resident parking scheme areas
If
a residential parking scheme is created in an area, any new-build developments
in that area may not be eligible for a parking permit. With any new
developments both developers
and potential renters/buyers are responsible for arranging sufficient
off-street parking to meet their needs. This approach ensures that the cost of
providing parking is not passed on to ratepayers.
Residential intensification in Central Business
District or Petone commercial areas
Hutt
City Council is aiming to increase the population of commercial areas such as
the Central Business District (CBD) and Petone through enabling residential
intensification. City centre living is often aimed at households who want the
convenience of living near attractions, shops, and public transport provision
where, for the most part, owning a vehicle is not necessary.
Changes
proposed to Hutt City Council’s District Plan in 2017 allow developers to
build dwellings in these areas without on-site parking. New developments built
in these areas after the District Plan change will not be eligible for resident
parking permits or exemptions to time restricted parking. There are
parking restrictions – either time-limits or pricing and time-limits
– in much of the CBD and Petone areas and residential parking is not a
high-priority compared to other uses for on-street space.
Hutt
City Council will work with developers to ensure that they and occupants have
clear information regarding parking.
Miscellaneous permits/exemptions
Hutt
City Council currently allocates permits that temporarily exempt specific users from time-limits or paying for parking for
special events and some construction work. In some instances users are required to pay for such exemptions and in some instances they are not. Council will establish a
formal system and fee structure for allocating exemptions to parking
restrictions.
6. Enforcement
Council’s
Parking Services Team has an integral role in ensuring that the city’s
transport system works safely and efficiently. Effective enforcement
contributes to safe roads, encourages turnover of parking spaces, and helps
keep traffic moving efficiently. The Parking Services Team:
· monitors
compliance with parking rules – and tickets offenders;
· monitors
vehicle and public safety by checking for a valid Warrant of Fitness,
vehicle registration, and condition of tyres; and
· delivers
an important service to the public in terms of advice on parking, directions,
and other matters.
Council’s
ability to provide enforcement of parking restrictions across the city, and
respond to requests for more effective enforcement in some areas, is currently
limited. Hutt City Council is investigating the implementation of new
technology to provide an integrated approach to parking in the city, improve
the efficiency of enforcement, provide in-depth data to inform future
interventions, and improve customer service. Technology could enable
Council to improve the efficiency of parking enforcement through more targeting
and better coverage, and therefore contributes to increasing road safety, flow
of traffic in busy areas, and more effectively ensuring turnover and
availability of parking spaces. Council will:
· implement
technology to offer additional customer payment methods;
· improve
the information to customers in relation to parking location and availability;
and
· investigate technology, including licence-plate recognition and
sensor based systems.
7. Encouraging access via other
modes of transport
Parking management is a key aspect of the city’s overall
transport system being both essential to providing access to destinations and a
factor that influences people’s choice of transport. Managing parking
more efficiently with the aim of reducing vehicle travel will contribute to
improving access to other modes and the overall environment for those
modes.
Implementation of the parking policy intersects with
Council’s focus on active transport infrastructure and levels of service
in order to improve walkability and cycle–friendly access to the city.
The focus on improving transport connections by active modes is reflected in
the priority given to this activity within Council’s road space/parking
hierarchy. Council’s work on active transport also includes improving the
links between active transport routes and transport hubs such as train stations
in the city.
Council’s
road space hierarchy gives priority to encouraging access by public transport
and we will work with Greater Wellington
Regional Council to improve public transport provision and the effectiveness of
their park and ride facilities at Petone and Waterloo stations.
8. Best use of existing parking
resources
In addition
to Council’s parking resources there is also a supply of private parking
across the city. Where possible, Council will work with providers of private
off-street parking to make more effective use of this resource. For example,
exploring:
· the use of private parking resources
during the evening for events;
· whether parking that is
under-utilised during the week can provide parking for commuters in some areas;
and
· whether some on-street parking in
front of businesses which are closed at the weekend can be made
available.
Council
will also investigate ways to improve the use of the Riverbank carpark as an
area close to the city centre that can provide affordable all-day parking for
employees and commuters.
Policy and Regulatory
10 October 2017
File: (17/1541)
Report
no: PRC2017/5/288
Cemeteries Bylaw 2017
Purpose
of Report
1. To recommend the adoption of the Hutt City Council Cemeteries Bylaw
2017 and revoke the Cemeteries Bylaw 2007.
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Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes that no public submissions were received with respect to the
proposal to revoke the existing Cemeteries Bylaw 2007 and adopt the
Cemeteries Bylaw 2017;
(ii) determines
that, in accordance with section 155 of the Local Government Act 2002, the
proposed bylaw –
a. Is the most appropriate form of
bylaw;
b. Does not give rise to any
implications under the NZ Bill of Rights Act 1990; and
(ii) agrees
to revoke the existing Cemeteries Bylaw 2007 and adopt the Cemeteries Bylaw
2017, effective from 1 January 2018.
For the
reasons set out in the report below.
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Background
2. The
Council resolved at its meeting on 15 August to undertake the special
consultative procedure and seek submissions on the proposal to revoke the
Cemeteries Bylaw 2007 and adopt the Cemeteries Bylaw 2017.
3. Public
notice was given in accordance with the provisions of the Local Government Act
2002 (LGA). Copies of the Summary of Proposal, along with the
Statement of Proposal were placed in all Council libraries and at the Council
Administration Building. This information was also placed on the
Council’s website. This information is attached in Appendices 1-3
of this report.
4. The
closing date for submissions was Monday 25 September 2017. No submissions
were received.
5. It
has been agreed that the matter should now be reported to this Committee.
Officers recommend that the Committee recommend to Council that the proposal to
revoke the Cemeteries Bylaw 2007 and adopt the Cemeteries Bylaw 2017 be
approved as proposed without amendment.
Discussion
4. No
submissions were received, indicating that the public had no objection to
Council’s bylaw proposal.
Options
5. The
option in light of the outcome of the special consultative procedure is to
accept or reject the recommendation from staff.
Consultation
6. This
report is the consequence of the special consultation process
required to revoke the Cemeteries Bylaw 2007 and adopt the
Cemeteries Bylaw 2017. Funeral directors and stone masons were also advised
of the proposal.
7. Once
the 2007 bylaw has been revoked and the new Cemeteries Bylaw 2017 adopted,
Council must give public notice of its decision, including the date upon which
the decision will become effective.
Legal
Considerations
8. This report is the consequence of the special consultation
process required to revoke the Cemeteries Bylaw 2007 and adopt the
Cemeteries Bylaw 2017.
Financial
Considerations
9. There
are no financial considerations.
Other
Considerations
10. 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 and future needs of the community.
Appendices
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No.
|
Title
|
Page
|
|
1⇩
|
Summary of Proposal –
Cemeteries Bylaw 2017
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109
|
|
2⇩
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Statement of Proposal - Cemeteries
Bylaw 2017
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111
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3⇩
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Proposed Cemeteries Bylaw 2017
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118
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Author: Graham
Sewell
Principal Policy Advisor
Reviewed By: Bradley Cato
Solicitor
Reviewed By: Wendy Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
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Attachment 1
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Summary of Proposal – Cemeteries Bylaw
2017
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Summary
of Proposal - Cemeteries Bylaw 2017
Council proposes to make a Hutt City Council Cemeteries Bylaw
2017 (“the 2017 Bylaw”) to replace the current 2007 Cemeteries
Bylaw.
The current 2007 Cemeteries Bylaw
The
2007 Bylaw deals with specific activities and behaviour in cemeteries which:
a)
may give rise to a public nuisance;
b) may
threaten public health and safety;
c) has
the potential to give rise to offensive behaviour in public places;
d) may
result in damage, misuse or loss of property which Council owns or operates.
The
activities include, among other things:
- health
or safety hazards - for example, materials left in a cemetery could cause
danger to passers-by;
- damage
to property or the environment - for example, wilful damage to a headstone;
- unnecessary
distress to mourners or relatives – for example, unclear or inconsistent
rules associated with the management and operation of a cemetery; or
- disruptive
or offensive behaviour - for example, wilful damage to a cemetery plot.
The
current Hutt City Council Cemeteries Bylaw 2007 can be viewed by visiting the
Council website: www.huttcity.govt.nz
The Proposed
2017 Cemeteries Bylaw
A
bylaw about cemeteries is consistent with the provisions in the Local
Government Act 2002 relating to the Council’s bylaw-making powers.
Council considers that it is still necessary to have a bylaw relating to
cemeteries for the purposes of:
- protecting
the public from nuisance (section 145(a));
- protecting,
promoting and maintaining public health and safety (section 145(b));
- managing,
regulating against or protecting from, damage, misuse, or loss, or preventing
the use of the land, structures, or infrastructure associated with cemeteries
(section 146(b)(v)).
The
proposed 2017 Bylaw will ensure adequate controls are retained to meet public
expectations around maintaining and operating cemeteries within Lower Hutt.
In
preparing the proposed 2017 Bylaw Council considered that the provisions of the
2007 Bylaw remain the most appropriate way of addressing the range of
activities and behaviours as summarised above. For this reason the proposed
2017 Bylaw contains the same clauses as the 2007 Bylaw.
Conclusion
The
proposed 2017 Cemeteries Bylaw seeks to regulate the range of activities
undertaken in cemeteries within Lower Hutt so as to maintain standards for
public health and safety, protect the public from nuisance, minimise the
potential for offensive behaviour in public places and to manage property owned
or operated by Council for the wellbeing and enjoyment of the public within
cemeteries. The proposed bylaw will replace the existing Hutt City
Council Cemeteries Bylaw 2007.
Council
is seeking submissions on this proposal. The full statement of proposal
to create the 2017 Bylaw as noted above along with a submission form are
available on the Council website www.huttcity.govt.nz or at the
Hutt City Council Administration Building, 30 Laings Road, Lower Hutt, and all
Hutt City Council libraries
Submissions
open on 22 August 2017 and close at 5.00pm on Monday 25 September
2017.
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Attachment 2
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Statement of Proposal - Cemeteries Bylaw 2017
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Statement
of Proposal to make the Hutt City Council Bylaw 2017 Cemeteries
And revoke the Hutt City Council
Bylaw 2007 Cemeteries
AUGUST 2017
Contents
1. Introduction. 3
2. Background. 3
2.1 The
perceived problem... 3
2.2 Most
appropriate way to address perceived problem... 4
2.3 Most
appropriate form of bylaw.. 5
2.4 Implications
under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 5
3. The
Proposed Bylaw.. 5
3.1 Additions,
modifications and deletions made in respect of existing bylaw.. 6
3.2 Explanation
of the proposed Bylaw content 6
4. Process
for the Development of the Proposed Bylaw.. 7
1.
1. Introduction
Hutt City Council proposes to replace
the existing Hutt City Council Cemeteries Bylaw 2007 (“the 2007
Bylaw“) with a new Cemeteries Bylaw 2017 relating to cemeteries
(“the proposed Bylaw”).
This Statement of Proposal has been
prepared in accordance with section 83 of the Local Government Act 2002
(“LGA”). It includes information about the review process and
whether it is appropriate for the Council to have a bylaw relating to
cemeteries.
2. Background
Council is required to review its Bylaw
relating to cemeteries before 3 July 2017, under section 159 of the LGA. If the
review is not undertaken within 2 years of this date the bylaw lapses. Under
sections 159 and 155, the review of a bylaw must take the form of
reconsideration of the matters that the Council is normally required to
consider before making a bylaw.
The Council must therefore determine
whether a bylaw is the most appropriate way of addressing the perceived
problem. If so, the Council must determine whether the proposed Bylaw is
the most appropriate form of bylaw, and whether the proposed Bylaw gives rise
to any implications under the New Zealand Bill of Rights Act 1990
(“NZBORA”). No bylaw can be inconsistent with the
NZBORA. In reviewing a bylaw, the Council must use the special
consultative procedure set out in section 156.
Under section 145, the Council may make
bylaws for its district with the purposes of:
a. protecting
the public from nuisance;
b. protecting,
promoting, and maintaining public health and safety;
c. minimising
the potential for offensive behaviour in public places.
Council can also make bylaws for
specific purposes as listed in section 146, for example, for the purpose of
managing and regulating cemeteries (section 146(b)(v)).
The 2007 Bylaw can be viewed by visiting
the Council’s website: www.huttcity.govt.nz
2.1 The
perceived problem
A range of activities occur in
cemeteries without causing any problems. Occasionally, however, some
activities create problems which are required to be addressed by the
Council. These activities may cause:
- health
or safety hazards - for example, materials left in a cemetery could cause
danger to passers-by;
- damage
to property or the environment - for example, wilful damage to a headstone;
- unnecessary
distress to mourners or relatives – for example, unclear or inconsistent
rules associated with the management and operation of a cemetery; or
- disruptive
or offensive behaviour - for example, wilful damage to a cemetery plot.
The perceived problem means that a bylaw
about cemeteries is consistent with the provisions in the LGA relating to the
Council’s bylaw-making powers. The Council considers that it is
still necessary to have a bylaw relating to cemeteries for the purposes of:
- protecting
the public from nuisance (section 145(a));
- protecting,
promoting and maintaining public health and safety (section 145(b));
- minimising
the potential for offensive behaviour in public places (section 145(c));
- managing,
regulating against or protecting from, damage, misuse, or loss, or preventing
the use of the land, structures, or infrastructure associated with
cemeteries(section 146(b)(v)).
Hutt City Council has a
commitment to achieving city wide outcomes identified by the community.
Community Outcomes are set out on page 7 of the Hutt City Council’s Long
Term Plan 2015 – 2025. The Parks and Reserves activity (which
includes the provision of cemeteries) contributes to our community outcomes of
healthy people, a healthy environment, actively engaged in community activities
and a healthy and attractive built environment.
It should also be noted that
since 2012, Council has also published a series of major strategic documents.
Council’s vision for Lower Hutt is ‘An Integrated Vision for Hutt
City – making our city a great place to live work and play.’ This
vision and four supporting strategies now provide the basis for the
city’s Long Term Plan. The Leisure and Wellbeing Strategy is one of the
supporting strategies which include details on how Parks and Gardens contribute
to the strategic framework.
Council therefore proposes to make the
proposed Bylaw to regulate a range of activities undertaken in
cemeteries. The proposed Bylaw is generally intended to ensure adequate
controls and monitoring are retained to meet public expectations of the
Council’s maintenance of safe and well managed cemeteries in Lower Hutt.
2.2 Most
appropriate way to address perceived problem
Consideration has been given to a range
of options for addressing the problems identified above.
Non-regulatory options
A range of activities occurs in
cemeteries without causing concern, and most people voluntarily comply with the
Council’s policies and practices. Education is used to inform
members of the public about policies and practices, which encourages voluntary
compliance. Examples include signage erected at the entrance to
cemeteries advising visitors of the type of behaviour expected of them.
However, there are some instances where
voluntary compliance and education cannot be relied on to address the perceived
problem. Educative measures may not reach everyone, nor may they provide
an effective deterrent to everyone. In these circumstances, the
activities have an effect on the general public, property, and the environment
which means it is necessary for the Council to have a greater ability to
enforce its policies and practices. The proposed Bylaw only applies in
circumstances where the Council considers that non-regulatory options will not
be effective.
Lower Hutt District Plan
The proposed Bylaw is consistent with,
and complimentary to, the provisions of the Lower Hutt District Plan. The
proposed Bylaw provides a mechanism that allows the Council to:
- address
matters relating to, but not explicitly provided for, in the Lower Hutt
District Plan; and
- adopt
an alternative and more practicable enforcement option than provided for under
the Resource Management Act 1991 (RMA).
Other regulatory options
Council considers that while most of the
provisions in the Bylaw have the potential to be covered by common law remedies,
such as the tort of public nuisance and the tort of negligence, it is
preferable for the Council to retain provisions in the Bylaw for these
matters. There are difficulties with seeking a remedy in tort.
First, an action for public nuisance can result in compensation for property
damage only, and will therefore have a limited deterrent effect when compared
with the fines that may be proposed for breach of a bylaw. Second, it is
procedurally more complicated for the Council to bring proceedings in tort than
to bring proceedings for breach of a bylaw.
Summary
Although other regulatory and
non-regulatory measures may assist in managing the perceived problem, the
Council does not consider that these other measures are able to address the
perceived problem to the extent necessary. In addition, other measures
may not be appropriate in every instance.
Council considers that the proposed
Bylaw is the most appropriate way to address the perceived problem. The
Council also considers that the proposed Bylaw will contribute to achieving the
community outcomes identified in the Council’s Long Term Plan.
2.3 Most
appropriate form of bylaw
The proposed Bylaw addresses the
perceived problem by preventing a number of unwanted consequences from certain activities
in cemeteries.
The proposed Bylaw is flexible and
allows changing circumstances to be recognised. In some instances, the
Council must take into account several matters specified by the Bylaw in the
exercise of the Council’s discretion. For example, no person may
backfill ground in a plot without the written permission of the Council.
The proposed Bylaw clearly states the
Council’s position by stating whether or not an activity is permitted and
which activities constitute an offence of the bylaws. The Bylaw sets out
what action needs to be taken to comply with it, for example, whether prior
written permission of the Council is required.
The proposed Bylaw reflects a number of
the Council’s existing policies and practices, and also reflects community
goals that have been identified by the Council.
The proposed Bylaw has been prepared in
the same style to be consistent with other parts of the Hutt City Council
Bylaws.
The proposed Bylaw is therefore the most
appropriate form of bylaw. It clearly states the Council’s position
on each issue, how the Bylaw can be complied with, reflects the Council’s
existing policies and practices, and addresses the perceived problem.
2.4 Implications
under the New Zealand Bill of Rights Act 1990 (“NZBORA”)
Section 155(2)(b) of the LGA requires
the Council to determine whether the Cemeteries Bylaw gives rise to
implications under the New Zealand Bill of Rights Act 1990. It is the
Council’s view that no provision of the proposed Bylaw is inconsistent
with the Bill of Rights Act 1990.
3. The Proposed Bylaw
This section outlines the outcome of the
review of the existing Bylaw, and provides an explanation of the proposed
Bylaw.
The proposed Bylaw is based on the
existing 2007 Bylaw that was adopted under the Local Government Act 2002.
3.1 Additions,
modifications and deletions made in respect of existing bylaw
There are no additions, modifications or
deletions proposed when compared to the 2007 Bylaw. The proposed Bylaw
has the same clauses as those contained in the 2007 Bylaw.
Council considers that while most
of the provisions in the Bylaw have the potential to be covered by common law
remedies, such as the tort of public nuisance and the tort of negligence, it is
preferable for the Council to retain provisions in the Bylaw for these
matters. There are difficulties with seeking a remedy in tort.
First, an action for public nuisance can result in compensation for property damage
only, and will therefore have a limited deterrent effect when compared with the
fines that may be proposed for breach of a bylaw. Second, it is
procedurally more complicated for the Council to bring proceedings in tort than
to bring proceedings for breach of a bylaw.
3.2 Explanation
of the proposed Bylaw content
In general terms, the proposed Bylaw
provides a mechanism by which the Council can prevent or manage the perceived
problem associated with a range of activities that occur in cemeteries.
The following outlines the rationale for the inclusion of each of the clauses
in the proposed bylaw.
Proposed clause 1 - Interpretation
This clause is proposed so that the
meaning of terms used in the bylaw is clear.
Proposed clause 2 - Interments
The purpose of this clause is to ensure
that interments are only done in accordance with certain requirements. An
interment cannot proceed without the written permission of the Sexton of the
cemetery and conducted in accordance with a Plot Lease Agreement.
Proposed clause 3 – Digging the
ground in a cemetery
The purpose of this clause is to clearly
state that it is only the Sexton who may dig or otherwise open the ground in a
cemetery. Given the nature and purpose of a cemetery it is important to
control who has the authority to take this course of action.
Proposed clause 4 – Backfilling
plots
The purpose of this clause is to enable
a person(s) to backfill ground in a plot, provided they have the written
permission of the Council.
Proposed clause 5 – Interruption
of interment
The purpose of this clause is to make it
clear that it is an offence for a person to obstruct, interfere with, interrupt
or detract the process of interment. It is important that the process of
interment proceeds without unnecessary delays.
Proposed clause 6 – Disinterments
The purpose of this clause is to ensure
that no one causes or allows a disinterment to take place other than in
accordance with the requirements as outlined in this clause. A
disinterment cannot proceed without the written permission of the Sexton of the
cemetery in which the plot is situated.
Proposed clause 7 – Restoration of
plot and monument
The purpose of this clause is to ensure
that the plot management and the associated general appearance of the cemetery
is kept at a satisfactory standard. A person in charge of an
interment or disinterment must restore the plot and any headstone to at least
the same condition it was in immediately prior to the interment or
disinterment.
Proposed clause 8 – Plants
The purpose of this clause is to clearly
state that it is only with the Council’s written permission that a person
can plant a tree, shrub, flower or other plant in a cemetery. Planting a
tree for example, can create issues like damage to adjoining plots.
Proposed clause 9 – Damage to
cemetery
The purpose of this clause is to clearly
state that no person may cause damage to a cemetery. The reason for this
is outlined in the second paragraph in clause 3.1 above.
Proposed clause 10 – Rules
The purpose of this clause is to outline
specific things Council may make rules on in order to better administer and
manage cemeteries.
4. Process for the Development of the Proposed Bylaw
The special consultative procedure will
end at 5.00pm on Monday 25 September 2017. Hearings and meetings
on the proposed bylaw will be open to the public, and people may speak to their
submissions at the relevant committee meeting.
An analysis of all submissions will then
be presented to the relevant committee for consideration. The proposed
bylaw will then be referred to the Council for consideration and adoption.
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Attachment 3
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Proposed Cemeteries Bylaw 2017
|
Proposed
HUTT CITY COUNCIL CEMETERIES BYLAW 2017
AUGUST 2017
Contents
1. Interpretation. 3
2. Interments. 3
3. Digging the ground in a cemetery. 3
4. Backfilling plots. 3
5. Interruption of interment 4
6. Disinterments. 4
7. Restoration of plot and monument 4
8. Plants. 4
9. Damage to cemetery. 4
10. Rules. 4
1. Interpretation
“Bylaw”
means this Cemeteries Bylaw.
“Cemetery”
means any land that is under the control of the Council to which the definition
of “cemetery” in section 2 of the Burial and Cremation Act 1964
applies.
“Council”
means the Hutt City Council.
“Disinterment”
means the removal of a human body or container of the ashes of a human body
from a plot.
“Interment”
means the burial of a human body, or placement of a container of ashes
resulting from a cremation, into a plot, and “interred” has a
corresponding meaning.
“Monument” has
the meaning set out in section 2(1) of the Burial and Cremation Act 1964.
“Plot”
means a parcel of land, or a niche in a memorial wall, in a cemetery.
“Plot Lease Agreement” is
an agreement entered into between the Council and a person in charge of an
interment that provides for an interment on the terms and conditions set out in
the agreement.
“Sexton”
means a person appointed by the Council to manage a cemetery, or a person
authorised by a Sexton to carry out one or more of the Sexton’s powers,
duties or functions.
2. Interments
2.1 Any
person who causes or allows an interment to take place other than in accordance
with this clause 2 breaches this Bylaw.
2.2 No
interment may take place in a plot unless it is conducted in accordance with a
Plot Lease Agreement.
2.3 Clause
2.1 does not apply to an interment carried out in accordance with an order
signed by a Justice under section 49 of the Burial and Cremation Act 1964.
3. Digging the ground in a cemetery
3.1 No
person other than the Sexton may dig or otherwise open the ground or open part
of a memorial wall in a cemetery.
4. Backfilling plots
4.1 A
person in charge of an interment may apply to the Sexton for permission for
persons to backfill ground in a plot following that interment.
4.2 A
Sexton may grant written permission for the backfilling of ground in a plot
following an interment, and impose any terms and conditions on the permission
as he or she considers appropriate.
4.3 No
person may backfill ground in a plot following an interment without the written
permission of the Sexton.
4.4 Any
person doing an activity under clause 4.3 must comply with any conditions
imposed by the Sexton on his or her written permission.
5. Interruption of interment
5.1 No
person may obstruct, interfere with, interrupt or detract from the decent and
solemn process of interment or the carrying out of any funeral service or
ceremony.
6. Disinterments
6.1 Any
person who causes or allows a disinterment to take place other than in
accordance with this clause 6 breaches this Bylaw.
6.2 No
disinterment may take place unless it occurs in accordance with the terms and
conditions set out in the written permission for the disinterment, obtained by the
person in charge of the disinterment, from the Sexton of the cemetery in which
the plot is situated.
6.3 A
Sexton may grant written permission for a disinterment to the person who will
be in charge of the disinterment, and impose any terms and conditions on the
permission as he or she considers appropriate.
7. Restoration of plot and monument
7.1 A
person in charge of an interment or disinterment must restore the plot and any
monument to at least the same condition it was in immediately prior to the interment
or disinterment.
8. Plants
8.1 No
person may plant a tree, shrub, flower or other plant in a cemetery without the
Council’s written permission.
8.2 Any
person doing an activity under clause 8.1 must comply with any conditions
imposed by the Council on its written permission.
9. Damage to cemetery
9.1 No
person may damage:
a. a
tree, shrub, flower, or other plant, or any garden or lawn in a cemetery; or
b. a
plot, monument, grave decoration, or any other thing lawfully placed or erected
on a plot.
10. Rules
10.1 Council
may, from time to time, make rules in relation to the following matters, in
order to better administer and manage cemeteries:
a. Timing
of interments;
b. Record
keeping;
c. Restrictions
on the decoration of plots and erection of headstones;
d. Maintenance
standards for plots, including protocols for removal of loose, broken,
offensive or dangerous decorations;
e. Protocols
for contacting family/whanau regarding issues with plots;
f. Protocols
in relation to whom Council will deal with over the use of a plot, including
consent to additional interments in a plot, or in case of disputes.
10.2
A breach of any obligation or restriction imposed by rules made under clause
10.1 is deemed a breach of this bylaw.
10.3 Rules
made under this clause come into effect when notified on Council’s
website following adoption of the rules by Council resolution. Any
amendments to rules made under this clause will come into effect on the date
specified in such amendment, or the date of publication of the amendment on
Council’s website, whichever is the later.
10.4
Council must hold a current version of any rules for inspection by the public
at the Council’s Administration Building and by
reference in any Plot Lease Agreement. A copy of the current version of
such rules must also be published on Council’s website.
Policy and Regulatory
10 October 2017
File: (17/1553)
Report
no: PRC2017/5/289
Parks and Reserves
Bylaw 2017
Purpose
of Report
1. To report back on the one submission Council has received with
respect to the proposal to revoke the Parks and Reserves Bylaw 2007 and adopt
the Parks and Reserves Bylaw 2017.
2. To recommend to
Council the adoption of the Parks and Reserves Bylaw 2017 and revoke the Parks
and Reserves Bylaw 2007, subject to consideration of the submission received.
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Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes that one submission was received with respect to the
proposal to revoke the Parks and Reserves Bylaw 2007 and adopt the Parks and
Reserves Bylaw 2017;
(ii) notes
that the Policy and Regulatory Committee has recommended to Council that the
proposal as noted in (i) above be approved without amendment;
(iii) determines
that, in accordance with section 155 of the Local Government Act 2002, the
proposed bylaw –
a. is the most appropriate
form of bylaw;
b. does not give rise to any
implications under the NZ Bill of Rights Act 1990; and
(iv) agrees to revoke the existing Parks and Reserves Bylaw 2007 and
adopt the Parks and Reserves Bylaw 2017, effective from 1 January 2018.
For the
reasons set out in the report below.
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Background
3. The
Council resolved at its meeting on 15 August to undertake the special
consultative procedure to seek submissions on the proposal to revoke the Parks
and Reserves Bylaw 2007 and adopt the Parks and Reserves Bylaw 2017.
4. Public
notice was given in accordance with the provisions of the Local Government Act
2002 (LGA). Copies of the Summary of Proposal, along with the
Statement of Proposal were placed in all Council libraries and at the Council
Administration Building. This information was also placed on the Council
website. This information is attached as Appendices 2 to 4 to the report.
Discussion
5. One
submission was received from the N.Z. Horse Network. This is attached as
Appendix 1 to the report. They do not wish to speak to their submission.
6. The
NZ Horse Network submission starts by referring to Clause 8 of the proposed
Bylaw. It is submitted that requiring other animals to be under control
and not create a nuisance is all that is required. The submission then
refers to clause 10 in which the bylaw proposes a blanket ban on horse riding
unless in specifically permitted areas. The submission concludes with the
suggestion that if a clause is required in the Bylaw to address animals that
aren’t causing any issues then changing clause 8 to permit animals that
are under control and not causing a nuisance would have the same effect.
7. Clauses
8 and 10 of the proposed Bylaw is outlined below:
8. Animals in reserves (other than dogs and horses)
8.1 No person may take, ride or drive any animal (other than a dog or a
horse) into or in a reserve, or allow any animal (other than a dog or a horse)
in the person’s custody or charge or under the person’s control to
be in a reserve, without the prior written permission of the Council.
8.2 Any person doing an activity under clause 8.1 must comply with any
conditions imposed by the Council on its written permission.
10. Horses in reserves
10.1 No person may take or ride any horse into or on a reserve, or allow
any horse in the person’s custody or charge or under the person’s
control to be in a reserve, unless the horse is:
(a) under the continuous control of the
person or otherwise properly secured; and
(b) in a reserve, or part of a reserve,
specified by the Council as an area where a person may take or ride a horse;
and
(c) at a time specified by the Council
as a time when a person may take or ride a horse into or in that reserve, or
that part of a reserve.
10.2 The Council may specify:
(a) a reserve, or any part of a
reserve, as an area where a person may take or ride a horse; and
(b) the time or times when a person may
take or ride a horse into or in a reserve, or part of a reserve, specified by
the Council as an area where a person may take or ride a horse.
10.3 No person shall leave in a reserve any waste produced by a horse,
unless placed in a rubbish bin provided by the Council.
9. Bruce
Hodgins (Divisional Manager Parks and Gardens) reports as follows.
Clause
8
10. The safety
and convenience of the general public within a reserve is of paramount
importance – as noted on page 8 of the Statement of Proposal attached as
Appendix 3 to the report. Clause 8 enables Council to exercise control,
if required, over what animals (other than dogs and horses) can be taken onto
Council reserves and ensure they are under control and not causing a nuisance.
Clause
10
11. The current
wording which bans horses from our reserve spaces, unless it is specifically
provided, is appropriate.
Horses are large animals which can cause
damage to turf and pose a threat to other users if not under proper control.
Parks staff have no way of managing the risk that owners will have their horses
under control at all times, or of policing this.
The vast majority of our reserves such as
sports grounds, neighbourhood parks, facility reserves and cemeteries are
inappropriate spaces for horses to exercise.
Having
designated reserve areas for horses is an appropriate and proportionate way to
manage this issue. Officers have not had any concerns regarding this
matter raised by local riders.
While
not a bylaw matter we could look at improving the clarity of our information as
to where and when horses are permitted and under what conditions.
12. Given the
advice outlined in paragraphs 10 and 11 above, it is recommended that no
changes be made to the proposed Parks and Reserves Bylaw 2017.
Options
13. The
option in light of the submission received is to accept or reject the
recommendation that no changes be made to the proposed Bylaw.
14. Then either
accept or reject the proposal to revoke the Parks and Reserves Bylaw 2007 and
adopt the Parks and Reserves Bylaw 2017.
Consultation
15. This report is the consequence of the special consultative process required
to revoke the Parks and Reserves Bylaw 2007 and adopt the Parks and Reserves
Bylaw 2017.
16. All major sporting codes were advised of the review as part of the
special consultative procedure.
17. Once the Parks and Reserves Bylaw 2007 has been revoked and the new
Parks and Reserves Bylaw 2017 adopted, Council must give public notice of its
decision, including the date upon which the decision will become effective.
Legal
Considerations
18. This report is the consequence of the special consultation process
required to revoke the Parks and Reserves Bylaw 2007 and adopt the Parks and
Reserves Bylaw 2017.
Financial Considerations
19. There are no financial considerations.
Other Considerations
20. 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
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No.
|
Title
|
Page
|
|
1⇩
|
Submission from Vivien Dostine,
N.Z. Horse Network, concerning Proposed Parks and Reserves Bylaw 2017.
|
128
|
|
2⇩
|
Summary of Proposal –
Parks and Reserves Bylaw 2017
|
130
|
|
3⇩
|
Statement of Proposal - Parks and
Reserves Bylaw 2017
|
132
|
|
4⇩
|
Proposed Parks and Reserves Bylaw
August 2017.
|
141
|
Author: Graham
Sewell
Principal Policy Advisor
Reviewed By: Bruce Hodgins
Divisional Manager, Parks and Gardens
Reviewed By: Bradley Cato
Solicitor
Reviewed By: Wendy Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
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Attachment 1
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Submission from Vivien Dostine, N.Z. Horse
Network, concerning Proposed Parks and Reserves Bylaw 2017.
|
|
Attachment 2
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Summary of Proposal – Parks and Reserves
Bylaw 2017
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Summary
of Proposal - Parks and Reserves Bylaw 2017
Council proposes to make a Hutt City Council Parks and
Reserves Bylaw 2017 (“the 2017 Bylaw”) to replace the current
2007 Parks and Reserves Bylaw.
The current 2007 Parks and Reserves Bylaw
The
2007 Bylaw deals with specific activities and behaviour in parks and reserves
which:
a)
may give rise to a public nuisance;
b) may
threaten public health and safety;
c) has
the potential to give rise to offensive behaviour in parks and reserves;
d) may
result in damage, misuse or loss of property associated with reserves which
Council owns or operates.
The
activities include, among other things:
· damaging
Council property;
· obstructing
public spaces in parks and reserves;
· use
of parks and reserves.
The
current Hutt City Council Parks and Reserves Bylaw 2007 can be viewed by
visiting the Council website: www.huttcity.govt.nz
The Proposed
2017 Parks and Reserves Bylaw
The
2017 Bylaw will ensure adequate controls and monitoring are retained to meet
public expectations around maintaining safe and enjoyable parks and reserves
within Lower Hutt.
In
preparing the proposed 2017 Bylaw, Council’s legal advisers have
concluded that many of the provisions of the 2007 Bylaws remain the most
appropriate way of addressing the range of activities and behaviours as
summarised above. A number of the bylaws have some crossover with
provisions within the Local Government Act 2002. Amendments have been
proposed to ensure consistency with other pieces of legislation. A few
parks and reserves bylaws are not necessary now as they are covered by other
legislation or controlled in other ways e.g. terms and conditions in Council
consents.
Conclusion
The
proposed 2017 Parks and Reserves Bylaw seeks to regulate a wide range of
activities undertaken in parks and reserves within Hutt City. To
maintain standards for public health and safety, protect the public from
nuisance, minimise the potential for offensive behaviour in parks and reserves
and to manage property associated with parks and reserves owned or operated by
Council for the wellbeing and enjoyment of the public in parks and
reserves. The proposed bylaw will replace the existing Hutt City Council
Parks and Reserves Bylaw 2007.
Council
is seeking submissions on this proposal. The full statement of
proposal to create the 2017 Bylaw as noted above along with a submission form
are available on the Council website www.huttcity.govt.nz or at
the Hutt City Council Administration Building, 30 Laings Road, Lower Hutt, and
all Hutt City Council libraries
Submissions
open on 22 August 2017 and close at 5.00pm on Monday 25 September
2017.
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Attachment 3
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Statement of Proposal - Parks and Reserves Bylaw
2017
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Statement
of Proposal to make the Hutt City Council Bylaw 2017 Parks and Reserves
And revoke the Hutt City Council
Bylaw 2007 Parks and Reserves
AUGUST 2017
Contents
1. Introduction. 3
2. Background. 3
2.1 The
perceived problem... 3
2.2 Most
appropriate way to address perceived problem... 4
2.3 Most
appropriate form of bylaw.. 5
2.4 Implications
under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 6
3. The
Proposed Bylaw.. 7
3.1 Additions,
modifications and deletions made in respect of existing bylaw.. 7
3.2 Explanation
of the proposed Bylaw content 7
4. Process
for the Development of the Proposed Bylaw.. 10
1.
1. Introduction
Hutt City Council proposes to replace
the existing Hutt City Council Bylaw 2007: Parks and Reserves (“the 2007
Bylaw“) with a new bylaw relating to parks and reserves (“the
proposed Bylaw”).
This Statement of Proposal has been
prepared in accordance with section 83 of the Local Government Act 2002
(“LGA”). It includes information about the review process and
whether it is appropriate for the Council to have a bylaw relating to parks and
reserves.
2. Background
The Council is required to review its
Bylaw relating to parks and reserves before 3 July 2017, under section 159 of
the LGA. If the review is not undertaken within 2 years of this date the
bylaw lapses. Under sections 159 and 155, the review of a bylaw must take
the form of a reconsideration of the matters that the Council is normally
required to consider before making a bylaw.
The Council must therefore determine
whether a bylaw is the most appropriate way of addressing the perceived problem.
If so, the Council must determine whether the proposed Bylaw is the most
appropriate form of bylaw, and whether the proposed Bylaw gives rise to any
implications under the New Zealand Bill of Rights Act 1990
(“NZBORA”). No bylaw can be inconsistent with the
NZBORA. In reviewing a bylaw, the Council must use the special
consultative procedure set out in section 156.
Under section 145, the Council may make
bylaws for its district with the purposes of:
a. protecting
the public from nuisance;
b. protecting,
promoting, and maintaining public health and safety;
c. minimising
the potential for offensive behaviour in public places.
The Council can also make bylaws for
specific purposes as listed in section 146 of the LGA, for example, for the
purpose of managing, regulating, or for preventing the use of land, structures,
or infrastructure associated with reserves, recreation grounds, or other land
under the control of the Council (section 146(b)(vi)).
The 2007 Bylaw can be viewed by visiting
Council’s website: www.huttcity.govt.nz
2.1 The
perceived problem
A wide range of activities occurs in
parks and reserves without causing any problems. Occasionally, however,
some activities create problems which are required to be addressed by the
Council. These activities may cause:
· health
or safety hazards - for example, materials left in a park or reserve could
cause danger to passers-by;
· damage
to property or the environment - for example, wilful damage to plants and
buildings located within a park or reserve;
· unreasonable
obstruction to others using a park or reserve - for example, people who lay out
goods for sale within a park or reserve without permission;
· unreasonable
barriers to others using a park or reserve - for example, someone staying in a
caravan in a park or reserve for a long period of time; or
· disruptive
or offensive behaviour - for example, undertaking a course of action that other
users of a park or reserve would find disruptive or offensive.
The perceived problem means that a bylaw
about parks and reserves is consistent with the provisions in the LGA relating
to the Council’s bylaw-making powers. The Council considers that it
is still necessary to have a bylaw relating to parks and reserves for the
purposes of:
· protecting
the public from nuisance (section 145(a));
· protecting,
promoting and maintaining public health and safety (section 145(b));
· minimising
the potential for offensive behaviour in public places (section 145(c));
· regulating
trading in public places (section 146(a)(vi));
· managing,
regulating against or protecting from, damage, misuse, or loss, or preventing
the use of the land, structures, or infrastructure associated with reserves,
recreation grounds, or other land under the control of the territorial
authority (section 146(b)(vi)).
Hutt City Council has a
commitment to achieving city wide outcomes identified by the community.
Community Outcomes are set out on page 7 of the Hutt City Council’s Long
Term Plan 2015 – 2025. The Parks and Reserves activity
contributes to our community outcomes of healthy people, a healthy environment,
actively engaged in community activities and a healthy and attractive built
environment.
It should also be noted that
since 2012, Council has also published a series of major strategic documents.
Council’s vision for Lower Hutt is ‘An Integrated Vision for Hutt
City – making our city a great place to live work and play.’ This
vision and four supporting strategies now provide the basis for the city’s
Long Term Plan. The Leisure and Wellbeing Strategy is one of the supporting
strategies which include details on how Parks and Gardens contribute to the
strategic framework.
In order to help achieve the Council
vision for Lower Hutt, Council considers it necessary to have in place measures
to regulate behaviour or activities that can cause a nuisance to the public, or
raise concerns about safety in parks and reserves.
The Council therefore proposes to make
the proposed Bylaw to regulate a range of activities undertaken in parks and
reserves. The proposed Bylaw is generally intended to ensure adequate
controls and monitoring is retained to meet public expectations of the
Council’s maintenance of safe and enjoyable parks and reserves in Lower
Hutt.
2.2 Most
appropriate way to address perceived problem
Consideration has been given to a range
of options for addressing the problems identified above.
Non-regulatory options
A wide range of activities occur in
parks and reserves without causing concern, and most people voluntarily comply
with the Council’s policies and practices. Education is used to
inform members of the public about policies and practices, which encourages voluntary
compliance.
However, there are some instances where
voluntary compliance and education cannot be relied on to address the perceived
problem. Educative measures may not reach everyone, nor may they provide
an effective deterrent to everyone. In these circumstances, the
activities have an effect on the general public, property, and the environment
which means it is necessary for the Council to have a greater ability to
enforce its policies and practices. The proposed Bylaw only applies in
circumstances where the Council considers that non-regulatory options will not
be effective.
Lower Hutt District Plan
The proposed Bylaw is consistent with,
and complimentary to, the provisions of the Lower Hutt District Plan. The
proposed Bylaw provides a mechanism that allows the Council to:
· address
matters relating to, but not explicitly provided for, in the Lower Hutt
District Plan; and
· adopt
an alternative and more practicable enforcement option than provided for under
the Resource Management Act 1991 (RMA).
Other regulatory options
In reviewing the 2007 Bylaw, the Council
concluded that many of the provisions of that Bylaw address matters that are
either already covered by, or are related to matters covered by, existing
legislation:
· a
number of the provisions in the 2007 Bylaw have some crossover with offence
provisions in the LGA. However, as these offences do not cover all of the
matters and situations dealt with in the Bylaw, the Council considers that it
would be appropriate to retain the Bylaw in order to address the perceived
problem. Some amendments have been proposed to refine the scope of the
Bylaw in light of the offence provisions;
· a
number of the provisions in the 2007 Bylaw are not necessary because they are
covered by other legislation, for example, the LGA. In addition, some are
not necessary because they can be dealt with by including them as terms or
conditions in Council consents or permissions, or in contracts entered into by
the Council. These provisions are proposed to be deleted.
The Council considers that while most of
the provisions in the Bylaw have the potential to be covered by common law
remedies, such as the tort of public nuisance and the tort of negligence, it is
preferable for the Council to retain provisions in the Bylaw for these
matters. There are difficulties with seeking a remedy in tort.
First, an action for public nuisance can result in compensation for property
damage only, and will therefore have a limited deterrent effect when compared
with the fines that may be proposed for breach of a bylaw. Second, it is
procedurally more complicated for the Council to bring proceedings in tort than
to bring proceedings for breach of a bylaw.
Summary
Although other regulatory and
non-regulatory measures may assist in managing the perceived problem, the
Council does not consider that these other measures are able to address the
perceived problem to the extent necessary. In addition, other measures
may not be appropriate in every instance.
The Council considers that the proposed
Bylaw is the most appropriate way to address the perceived problem. The
Council also considers that the proposed Bylaw will contribute to achieving the
community outcomes identified in the Council’s Long Term Council
Community Plan.
2.3 Most
appropriate form of bylaw
The proposed Bylaw addresses the
perceived problem by preventing a number of unwanted consequences from certain
activities in parks and reserves.
The proposed Bylaw is flexible and
allows changing circumstances to be recognised. In some instances, the
Council must take into account several matters specified by the Bylaw in the
exercise of the Council’s discretion, for example, in respect of conditions
on permissions granted for certain activities.
The proposed Bylaw clearly states the
Council’s position by stating whether or not an activity is permitted and
which activities constitute an offence of the bylaw. The Bylaw sets out
what action needs to be taken to comply with it, for example, whether prior
written permission of the Council is required. It also sets out some
considerations that will be taken into account in granting permissions, but
these are not stated definitively as they will need to be adapted for each
particular case.
The proposed Bylaw reflects a number of
the Council’s existing policies and practices, and also reflects
community goals that have been identified by the Council.
The proposed Bylaw has been prepared so
the style is consistent with other parts of the Hutt City Council Bylaws.
The proposed Bylaw is therefore the most
appropriate form of bylaw. It clearly states the Council’s position
on each issue, how the Bylaw can be complied with, reflects the Council’s
existing policies and practices, and addresses the perceived problem.
2.4 Implications
under the New Zealand Bill of Rights Act 1990 (“NZBORA”)
Section 155(2)(b) of the Local
Government Act 2002 requires the Council to determine whether the proposed
Bylaw gives rise to implications under the New Zealand Bill of Rights Act 1990.
Two of the provisions have the potential
to conflict with some of the rights and freedoms contained in the Bill of
Rights. These are:
· proposed
clause 6 – Interference with Reserves; and
· proposed
clause 13 – Obstructing another person’s enjoyment of a
reserve.
Interference with Reserves
Proposed clause 6.1(f) provides that no
person may erect, construct, make or place any sign, notice, label,
inscription, billboard or placard in a reserve without prior written permission
of Council.
This clause has the potential to
infringe on the right to freedom of expression contained in section 14 of
the Bill of Rights Act. Although the Bylaw makes some imposition on
individual’s rights, there are good reasons to justify the Bylaw to
require persons to gain prior permission. It enables Council to manage
the specific requirements of the District Plan in respect of signage on
reserves. Council itself is required to comply with the District Plan when
considering the type and quantity of signage it places on reserves. It should
also be noted that Reserve land has this special designation as it has been set
aside for a specific purpose and not to be subject to excessive signage. Note,
this provision does not stop signage being carried through a reserve.
The Council’s view is that in
accordance with section 5 of the Bill of Rights, proposed
clause 6.1(f) represents a reasonable limit on the rights to freedom of
expression that can be demonstrably justified in a free and democratic society.
Obstructing another person’s
enjoyment of a reserve
The proposed clause 13 provides
that no person shall intentionally obstruct, disturb or interfere with a
person’s enjoyment of a reserve including the use of foul, abusive, indecent,
or obscene language toward another person in a threatening manner as outlined
in clause 13.1(a). This has the effect of potentially prescribing the language
people use in a park or reserve, however the language must be intentional
and be directed toward another person in a threatening manner.
This clause has the potential to
infringe on the right to freedom of expression contained in section 14 of
the Bill of Rights Act. However there are good reasons to justify the Bylaw as
there has been an increase in the use of foul, abusive, indecent and obscene
language. The Council recognises that this type of language has become part of
the repertoire in some sections of the population and on this basis Council has
sought to limit it only where it is intentionally directed at another in a
threatening manner. On this basis it is Council’s view that the proposed
clause 13 also represents a reasonable limitation on the rights contained
in the Bill of Rights.
Summary
It is
the Council’s view that no provision of the bylaw proposed is
inconsistent with the New Zealand Bill of Rights Act 1990.
3. The Proposed Bylaw
This section outlines the outcome of the
review of the existing Bylaw, and provides an explanation of the proposed
Bylaw.
The proposed Bylaw is based on the
existing 2007 Bylaw that was adopted under the Local Government Act 1974.
3.1 Additions,
modifications and deletions made in respect of existing bylaw
The 2007 Bylaw was used to create the
proposed Bylaw. Most of the content of the 2007 Bylaw has been found
adequate to address the aspects of the perceived problem that the Council
wishes to address.
3.2 Explanation
of the proposed Bylaw content
In general terms, the proposed Bylaw
provides a mechanism by which Council can prevent or manage the perceived
problem associated with a range of activities that occur in parks and
reserves. The following outlines the rationale for the inclusion of each
of the clauses in the proposed bylaw.
Proposed clause 1 - Interpretation
This clause is proposed so that the
meaning of terms used in the bylaw is clear.
Proposed clause 2 – Hours of
opening
The purpose of this clause is to clarify
and thus ensure that all reserves are open to the public daily and free of
charge.
Proposed clause 3 – Closing of
reserves
The purpose of this clause is to
establish how Council may close a reserve. Clauses 3.1 and 3.2 are
retained from the 2007 Bylaw. The decision to close a reserve under
clause 3.1 is taken by full Council resolution, while the decision under clause
3.2 is simply by determination of the Council (i.e. subject to delegation to a
Council officer) when it is necessary to close all or part of a reserve for
maintenance, construction or other work.
Proposed clause 4 – Leasing or
licensing premises in reserves
The purpose of this clause is to enable
the Council to lease or license premises in reserves. This is to enable
recreational groups or similar to erect dwellings and/or undertake recreational
uses compatible with the nature of reserve land.
Proposed clause 5 – No entry
into restricted areas or places in reserves
This is a clause that prohibits people
from entering into enclosures or places set aside by the Council for the
cultivation of plants in a reserve.
It should be noted that a sign at the
entrance of a glass house or fernery specifying rules to be observed while
visiting the site would enable council officers to ask any person breaching
these rules to leave under the Trespass Act 1980.
Proposed clause 6 – Interference
with reserves
This is a clause that specifies a wide
range of activities that are not permitted on or in a reserve e.g. no person
may remove, destroy, damage, deface, obstruct, disturb, or otherwise interfere
with anything, in a reserve.
Refer to clause 2.4 on page 4 above for
a discussion of the NZBORA implications associated with this clause.
Proposed clause 7 – Vehicles in
reserves
The purpose of this clause is to prevent
people driving motor vehicles on reserves. Such activities can cause
damage to reserves (e.g. from burn outs or wheelies) and potentially create
safety issues for other users of reserves.
Proposed clause 8 – Animals in
reserves (other than dogs and horses)
The purpose of this clause is to provide
Council with the power to regulate what animals (apart from horses and dogs)
are taken onto a reserve. The safety and convenience of the general
public within a reserve is of paramount importance.
Proposed clause 9 – Dogs on
reserves
The purpose of this clause is to
establish the conditions whereby a person can take a dog into a reserve i.e. in
accordance with the Council’s Dog Control Bylaw.
Proposed clause 10 – Horses in
reserves
The purpose of this clause is to
establish the conditions whereby a person can take or ride a horse into a
reserve. The safety and convenience of the general public within a
reserve is of paramount importance.
Proposed clause 11 – Camping in a
reserve
The purpose of this clause is to make it
an offence to camp or stay in a reserve, unless it is in huts erected or at
sites set aside for that purpose by the Council. Reserves are established
for the benefit of all the community to use, not for people to stay and use for
their own purposes.
Proposed clause 12 – Fires in
reserves
The purpose of this clause is to
make it an offence to light a fire (including fireworks) in a reserve, other
than a gas barbecue, without the prior written permission of the Council.
A fire that gets out of control due to a lack of proper management could cause
major damage to a reserve and create health and safety issues.
Proposed clause 13 – Obstructing
another person’s enjoyment of a reserve
The purpose of this clause is to make it
an offence for a person to intentionally obstruct, disturb or interfere with
another person’s enjoyment of a reserve. Reserves are established
to be used by all the community. The Council therefore considers any
actions that obstruct the community’s use and enjoyment of reserves
should be deemed a breach of the bylaw.
Refer to clause 2.4 above for a
discussion of the NZBORA implications associated with this clause.
Proposed clause 14 – Safety in
reserves
The purpose of this clause is to make it
an offence for a person to act in any way in a reserve that the person knows
will endanger the safety of themselves or others.
Proposed clause 15 – Buying,
selling or advertising in reserves
The purpose of this clause is to ensure
no person will buy, sell or advertise any goods or services, or carry on a
trade, in a reserve, without the prior written consent of the Council.
Reserves have been established for the enjoyment and recreational needs of the
community, not generally for the purposes of buying, selling or advertising
goods or services.
Proposed clause 16 – Dangerous
weapons in reserves
The purpose of this clause is to
establish that no person can legally carry or use a dangerous weapon, other
than a firearm, in a reserve without the prior written permission of the
Council. There are occasions when firearms could be used in reserves e.g.
for pest control, but such actions will only be undertaken in a manner to
ensure the safety of the general public is not compromised.
Proposed clause 17 – Organised
sports and games in reserves
The purpose of this clause is to enable
the Council to set aside any reserve or part of a reserve for the purposes of
playing any organised sport or game. This will ensure the best use of
Hutt City reserves to cater for the wide range of recreational needs of the
community. The closure power provided in clause 3 of the proposed bylaw
allows the Council to close reserves or parts of reserves, including sports
grounds.
Proposed clause 18 – Organised
events in reserves
The purpose of this clause is to ensure
no organised event held in a reserve is permitted without the prior written
permission of the Council. This will ensure the Council can coordinate
all activities within reserves for the benefit of all. This will also
ensure the maximum use of reserves and in a way that won’t result in two
events being doubled booked to use the same sports ground or section of a
reserve.
Proposed clause 19 – Offences
The purpose of this clause is to empower
the custodian to request a person to leave the reserve, if that person is
committing a breach of this bylaw.
Section 239 of the LGA already provides
that it is an offence to breach a bylaw and what the penalties a person
committing an offence may be liable for. In many cases, however, it may
be more appropriate to simply ask the person breaching this bylaw to leave the
reserve. As such, this clause has been retained. The Council will
have the ability to ask someone to leave a reserve if they breach this bylaw,
and will also have recourse to the LGA.
Proposed clause 20 – Exemptions
The purpose of this clause is to
establish under what circumstances this bylaw does not apply e.g. when a member
of the emergency services acts in the course of their duties.
The defence provided for under section
240 of the LGA is likely to provide members of the emergency services with
defences to offences under this bylaw. Nonetheless, there is value in
exempting members of the emergency services from this bylaw all together,
since, to be eligible for the defence under section 240, the defendant must
have adequately remedied or mitigated the effects of their acts or omissions
giving rise to the offence. It is inappropriate to require emergency
services personnel to remedy or mitigate the effects of their actions. In
effect, then, the defence in section 240 is for members of the public only and
not emergency services personnel.
4. Process for the Development of the Proposed Bylaw
The special consultative procedure will
end 5.00pm on Monday 25 September 2017. Hearings and
meetings on the proposed bylaw will be open to the public, and people may speak
to their submissions at the relevant committee meeting.
An analysis of all submissions will then
be presented to the relevant council committee for consideration. The
proposed bylaw will then be referred to the Council for consideration and
adoption.
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Attachment 4
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Proposed Parks and Reserves Bylaw August 2017.
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PROPOSED
HUTT CITY COUNCIL
PARKS AND RESERVES
BYLAW 2017
August 2017
Contents
1. Interpretation. 3
2. Hours of opening. 4
3. Closing of reserves. 4
4. Leased or licensed premises in reserves. 4
5. No entry into restricted areas or places in reserves. 4
6. Interference with reserves. 5
7. Vehicles in reserves. 5
8. Animals in reserves (other than dogs and horses) 6
9. Dogs in reserves. 6
10. Horses in reserves. 6
11. Camping in a reserve. 6
12. Fires in reserves. 7
13. Obstructing another person’s enjoyment of a reserve. 7
14. Safety in reserves. 7
15. Buying, selling or advertising in reserves. 7
16. Dangerous weapons in reserves. 7
17. Organised sports and games in reserves. 8
18. Organised events in reserves. 8
19. Offences. 9
20. Exemptions. 9
1. Interpretation
“Animal” has
the same meaning as in section 2 of the Reserves Act 1977.
“Bylaw”
means this Parks and Reserves Bylaw.
“Council”
means the Hutt City Council.
“Custodian”
means a person for the time being lawfully appointed by the Council to control
or supervise a reserve or any part of a reserve.
“Emergency services” has
the same meaning as in section 2 of the Civil Defence Emergency Management Act
2002.
“Dangerous weapon”
includes any firearm, bow and arrow, catapult or shanghai.
“Firearm” has
the same meaning as in section 2 of the Arms Act 1983.
“Reserve”
means any open space, plantation, park, garden or grounds set apart for public
recreation or enjoyment that is under the management or control of the Council
and includes all land administered by the Council under the Reserves Act 1977,
but does not include any land administered by the Greater Wellington Regional
Council.
“Structure”
includes any building, fence, gate, seat, playground equipment, memorial,
artwork, fountain, wharf, jetty, platform, goal posts, rubbish bins and rafts.
“Vehicle”
means:
(a) a
contrivance equipped with wheels, tracks, or revolving runners on which it
moves or is moved; and
(b) includes
a hovercraft, land yacht, boat, surf ski, skateboard, in-line skates, roller
skates, and the shell or hulk of a vehicle; but
(c) does
not include–
(i) a
perambulator or pushchair:
(ii) a
shopping or sporting trundler not propelled by mechanical power:
(iii) a
wheelbarrow or hand-trolley:
(v) a
pedestrian-controlled lawnmower:
(vi) a
pedestrian-controlled agricultural machine not propelled by mechanical power:
(vii) an
article of furniture:
(viii) a
wheel-chair not propelled by mechanical power.
PART 1 – Access to Reserves
2. Hours of opening
2.1 Subject
to the provisions of this Bylaw and the Reserves Act 1977, all reserves will be
open to the public daily and free of charge.
3. Closing of reserves
3.1 The
Council may determine the times during which a reserve, or any part of a
reserve, will be closed to the public.
3.2 No
person, other than a Custodian, may enter or remain in a reserve, or any part
of a reserve, while it is closed to the public.
4. Leased or licensed premises in
reserves
4.1 The
Council may lease premises in a reserve to any organisation or member of the
public, or license any organisation or member of the public to use premises in
a reserve, upon any conditions the Council considers appropriate.
4.2 No
person may enter or use any premises in a reserve that are subject to a lease
or a licence other than the Custodian or any other person in accordance with a
lease or licence.
5. No entry into restricted areas
or places in reserves
5.1 The
Council may specify any area or place in a reserve to be a restricted area or
place.
5.2 No
person, other than a Custodian, may enter a restricted area or place without
the prior written permission of the Council.
5.3 Any
person doing an activity under clause 5.2 must comply with any conditions
imposed by the Council on its written permission.
PART 2 – PROHIBITED AND
RESTRICTED ACTIVITIES IN Reserves
6. Interference with reserves
6.1 No
person may:
(a) remove,
destroy, damage, deface, obstruct, disturb, or otherwise interfere with any
thing, or any part of any thing, in or enclosing a reserve, including any:
(i) structure;
(ii) sign,
notice, label, inscription, billboard, or placard;
(iii) path,
track, lawn, step, gravel, sand, soil, or border;
(iv) tree,
shrub, or plant of any kind, including hedges, flowers, or flowerbeds;
(v) area
prepared for any sport or game;
(b) remove,
destroy, injure, disturb, shoot, snare, trap, or otherwise interfere with any
animal in a reserve, unless using a firearm in accordance with a permission
granted under clause 16.2 of this Bylaw;
(c) plant
any tree, shrub, or plant of any kind, or sow or scatter the seed of any tree,
shrub, or plant of any kind, in a reserve;
(d) pollute
or render unfit for any purpose any water in a reserve;
(e) swim,
wade or wash in any ornamental water in a reserve;
(f) erect,
construct, make, or place in a reserve, without the prior written permission of
the Council, any structure, walking track, cycling track or other cycling
facility, dam, tree-fort, sign, notice, label, inscription, billboard, or
placard.
(g) Scatter
ashes of a deceased person in any reserve.
6.2 Any
person to whom the Council grants permission under clause 6.1(f) must comply
with any conditions imposed by the Council on its written permission.
7. Vehicles in reserves
7.1 No
person may:
(a) drive,
ride or otherwise bring any vehicle into a reserve, except on any part of the
reserve set aside by the Council for vehicular traffic; or
(b) park
any vehicle in or adjacent to a reserve except in a place set aside by the
Council for the parking of vehicles, and unless the person in control of the
vehicle intends to remain in the reserve while the vehicle is parked; or
(c) abandon
or dump any vehicle in a reserve.
8. Animals in reserves (other than
dogs and horses)
8.1 No
person may take, ride or drive any animal (other than a dog or a horse) into or
in a reserve, or allow any animal (other than a dog or a horse) in the
person’s custody or charge or under the person’s control to be in a
reserve, without the prior written permission of the Council.
8.2 Any
person doing an activity under clause 8.1 must comply with any conditions
imposed by the Council on its written permission.
9. Dogs in reserves
9.1 No
person may take any dog into a reserve, or allow any dog in the person’s
custody or charge or under the person’s control to be in a reserve,
unless in accordance with the Council’s Dog Control Bylaw.
10. Horses in reserves
10.1 No
person may take or ride any horse into or on a reserve, or allow any horse in
the person’s custody or charge or under the person’s control to be
in a reserve, unless the horse is:
(a) under
the continuous control of the person or otherwise properly secured; and
(b) in
a reserve, or part of a reserve, specified by the Council as an area where a
person may take or ride a horse; and
(c) at
a time specified by the Council as a time when a person may take or ride a
horse into or in that reserve, or that part of a reserve.
10.2 The
Council may specify:
(a) a
reserve, or any part of a reserve, as an area where a person may take or ride a
horse; and
(b) the
time or times when a person may take or ride a horse into or in a reserve, or
part of a reserve, specified by the Council as an area where a person may take
or ride a horse.
10.3 No
person shall leave in a reserve any waste produced by a horse, unless placed in
a rubbish bin provided by the Council.
11. Camping in a reserve
11.1 No
person may camp or stay in a reserve overnight other than in huts, or on sites,
set aside by the Council for the purpose of camping or staying in a reserve
overnight.
11.2 The
Council may set aside huts and sites in reserves for the purpose of camping or
staying in a reserve overnight.
12. Fires in reserves
12.1 No
person may light any fire (including fireworks) in a reserve, other than a gas
barbecue, without prior written permission from the Council.
12.2 Any
person doing an activity under clause 12.1 must comply with any conditions
imposed by the Council on its written permission.
13. Obstructing another person’s
enjoyment of a reserve
13.1 No
person shall intentionally obstruct, disturb or interfere with another
person’s enjoyment of the reserve, including by:
(a) directing
foul, abusive, indecent, or obscene language toward another person in a
threatening manner; or
(b) being
intoxicated, noisy or riotous.
14. Safety in reserves
14.1 No
person may act in any way in a reserve that the person knows, or reasonably
ought to have known, will endanger the safety of him or herself or any other
person.
15. Buying, selling or advertising in reserves
15.1 No
person may buy, sell or advertise any goods or services, or carry on a trade,
in a reserve, without the prior written permission of the Council.
15.2 Any
person doing an activity under clause 15.1 must comply with any conditions
imposed by the Council on its written permission.
16. Dangerous weapons in reserves
16.1 No
person may carry or use any dangerous weapon, other than a firearm, in a
reserve.
16.2 No
person may carry or use any firearm in a reserve without the prior written
permission of the Council.
16.3 Any
person doing an activity under clause 16.2 must comply with any conditions
imposed by the Council on its written permission.
PART 3 – ORGANISED EVENTS IN
RESERVES
17. Organised sports and games in reserves
17.1 No
person may play any organised sport or game in any reserve, or any part of a
reserve, that is not set aside for that purpose.
17.2 The
Council may set aside any reserve, or any part of a reserve, for the purpose of
playing any organised sport or game.
17.3 For
the purposes of this clause 17, “organised sport or game” includes
playing or practising golf, whether by one person or by one or more persons in
a group.
18. Organised events in reserves
18.1 No
person may attend or take part in any organised event held in a reserve, or in
any part of a reserve, whether a one-off event or a repeatedly scheduled event,
unless the event is being held with the prior written permission of the
Council.
18.2 A
person may apply to the Council for permission to hold an organised event in a
reserve, or in any part of a reserve, using a Council approved form.
18.3 The
Council may grant permission to hold an organised event on such conditions as
the Council considers appropriate, and in doing so, may specify whether the
person:
(a) may
charge an entry fee for the event;
(b) has
the exclusive use of a reserve, or any part of a reserve, for the duration of
the event.
18.4 Any
person to whom the Council grants permission to hold an organised event, and
any person who attends or takes part in an organised event, must comply with
any conditions imposed by the Council on its written permission.
18.5 A
Custodian may require any person to leave a reserve, or any part of a reserve:
(a) if
the person is attending or taking part in the organised event without paying
the required entry fee; or
(b) if
the person is not attending or taking part in the organised event, but is in
part of a reserve that has been set aside for exclusive use for an organised
event -
where the Council specified as part of
its permission to hold an organised event that an entry fee could be charged,
or that the reserve, or any part of the reserve, could be used exclusively for
the organised event.
18.6 For
the purposes of this clause 18, “organised event” includes an
organised sport or game under clause 17.
PART 4 – OTHER MATTERS
19. Offences
19.1 Every
person committing any breach of the provisions of this Bylaw must, upon request
by a Custodian, immediately leave the reserve.
20. Exemptions
20.1 This
Bylaw does not apply to any person who commits an act that was done:
(a) in
accordance with a valid contract for services with the Council; or
(b) by
a member of the emergency services in the course of carrying out his or her
duties as a member of the emergency services; or
(c) with
the written consent of the Council; or
(d) in
accordance with, or pursuant to, any enactment.
Policy and Regulatory
11 October 2017
File: (17/1563)
Report
no: PRC2017/5/290
Traffic Bylaw 2017
Purpose
of Report
1. To recommend the adoption of the Hutt City Council Traffic Bylaw
2017 and to revoke the Traffic Bylaw 2007.
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Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes that no submissions were received with respect to the
proposal to revoke the Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017;
(ii) notes that the Policy and Regulatory Committee has recommended
that due to a change to the Road User Rule, there is now no need to include
Clause 18 concerning window washers in the proposed bylaw;
(iii) notes
that the Policy and Regulatory Committee has recommended to Council that the
proposal as noted in (i) above and the deletion of Clause 18 as noted
in (ii) above be approved;
(iv) determines
that, in accordance with section 155 of the Local Government Act 2002, the
proposed bylaw –
a. Is the most appropriate form of
bylaw;
b. Does not give rise to any
implications under the NZ Bill of Rights Act 1990; and
(v) agrees
to revoke the existing Traffic Bylaw 2007 and adopt the
Traffic Bylaw 2017, as outlined in (iii) above, effective from 1 January
2018, in accordance with section 156 of
the Local Government Act 2002.
For the
reason: To complete the special consultative procedure associated with
the creation of the Traffic Bylaw 2017 and revoke the Traffic Bylaw
2007.
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Background
2. The
Council resolved at its meeting on 15 August to undertake the special
consultative procedure to seek submissions on the proposal to revoke the
Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017.
3.
Public notice was given in accordance with the provisions of the LGA
2002. Copies of the Summary of Proposal, along with the Statement of
Proposal were placed in all Council libraries and at the Council Administration
Building. This information was also placed on the Council’s
website. This information is attached in Appendix 1 - 3.
4. The
closing date for submissions was Monday 25 September 2017. No submissions
were received.
5. It
has been agreed that the matter should now be reported to this Committee.
Officers recommend that the Committee recommend to the Council the proposal to
revoke the Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017 be approved,
subject to one amendment as outlined below.
Discussion
4. Clause
18 of the proposed Traffic Bylaw 2017 reads as follows:
Window Washers
18.1 No
person may wash or clean the windows or attempt to wash or clean the windows of
any vehicle stopped at any intersection or approach to any intersection.
5. Around
the time Council approved the proposed 2017 Bylaw calling for public
submissions officers received advice that there is a new offence in the Road
User Rule, effective mid-August 2017. The new offence prohibits
pedestrians from washing or offering to wash any vehicle on a road unless the
vehicle is legally parked. The offence is an infringement offence ($150)
and will be enforceable by Police.
6. Now
the Police can front up, issue an infringement on the spot and move the
person(s) on.
7. When
reviewing a bylaw if there is a change in legislation concerning a matter that
has been included in a Council Bylaw previously, the Bylaw will be amended to
take that change into account. It should also be noted that Bylaws are
the lowest level of law-making. An Act of Parliament or regulations are a
higher form of law.
8. Given
the legal change concerning window washers there is now no reason to retain
Clause 18 in the proposed Bylaw. It is recommended that Clause 18 be deleted
from the proposed Traffic Bylaw 2017.
Options
9. No
submissions were received, indicating the public accept the Council’s
proposal. The change in legislation concerning window washers
doesn’t require Council to retain Clause 18 in the proposed Bylaw.
10. The
option in light of the matters outlined in paragraph 9 above is to accept or
reject the recommendations from staff.
Consultation
11. This
report is the consequence of the special consultation process required to
revoke the Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017.
12. Once
the 2007 bylaw has been revoked and the new Traffic Bylaw 2017 adopted, Council
must give public notice of its decision, including the date upon which the
decision will become effective.
Legal
Considerations
13. This
report is the consequence of the special consultative process required to
revoke the Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017.
Financial
Considerations
14. There
are no financial considerations.
Other
Considerations
15. 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 and future needs of the community.
Appendices
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No.
|
Title
|
Page
|
|
1⇩
|
Summary of Proposal – Traffic
Bylaw 2017
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154
|
|
2⇩
|
Statement of Proposal - Traffic Bylaw
2017
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156
|
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3⇩
|
Proposed Traffic Bylaw 2017
|
168
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Author: Graham
Sewell
Principal Policy Advisor
Reviewed By: Bradley Cato
Solicitor
Reviewed By: Wendy Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
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Attachment 1
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Summary of Proposal – Traffic Bylaw 2017
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Attachment 2
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Statement of Proposal - Traffic Bylaw 2017
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Attachment 3
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Proposed Traffic Bylaw 2017
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Policy and Regulatory
07 November 2017
File: (17/1708)
Report
no: PRC2017/5/293
Public Art Policy and
Interim Public Art Guidelines
Purpose
of Report
1. The
purpose of this report is to ask the Committee to approve
a. the draft Public Art Policy;
b. the proposed membership of the Public Art Advisory Group; and
c. the
draft Terms of Reference for the Public Art Advisory Group
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Recommendations
It is recommended that the
Committee recommends that Council:
(i) approves the draft Public Art Policy, as attached as Appendix 1 to
the report;
(ii) approves the proposed membership of the Public Art Advisory Group
and the draft Terms of Reference for that Group;
(iii) notes that work is continuing on the Public Art Policy Guidelines;
(iv) notes that an ongoing Council budget allocation for Public Art
(maintenance and acquisition) will be considered as part of the next round of
Long Term Plan deliberations; and
(v) requests that the Community Plan Committee considers this budget
allocation for 2018/19.
For the
reasons outlined in the report below.
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Background
2. Work on the development of a Public Art Policy and Guidelines and the
establishment of a Public Art Advisory Group together with Terms of Reference
has been discussed by Council since the approval of the Arts and Culture Policy
on 2 August 2016.
3. The Public Art Policy is now ready for inclusion in Council’s Arts
and Culture Policy.
4. No Council division has overall responsibility for the
acquisition of Public Art and responsibility for the maintenance of works is
shared by Parks and Reserves and the Transport Division depending on the
location of the work. Council provides annual funding of $50,000 per annum to E
Tu Awakairangi Public Arts Trust.
5. The
Community Plan Committee will be considering an ongoing
Council budget allocation for Public Art (maintenance and acquisition) will be
considered as part of the next round of Long Term Plan deliberations. As there
are existing public art works that required maintenance, the Interim Art in Public Places Guidelines have been developed to
assist officers to make decisions about the maintenance of existing public art
works and acquisition of new works to enable work to continue until ongoing
funding is considered by Community Plan Committee.
6. If
ongoing funding is approved, the Interim Guidelines will be reviewed and
finalised. If ongoing funding is not approved the Interim Guidelines provide
Council officers with some guidance when they are required to address issues
associated with the acquisition or maintenance of public art works.
Discussion
7. The
development of the Public Art Policy followed on from the completion of the
Arts and Culture Policy as during the work on the Arts and Culture Policy
public art was identified as an area that was not covered by any other Council
policy.
Public
Art Advisory Group
8. Having access to a Public Art Advisory
Group comprised of people with appropriate expertise is crucial in ensuring
that the public can be assured that Council is taking expert advice before
making any decision as to whether to support public art projects and to acquire
or deaccession public art works.
9. For example, Wellington City
Council’s Public Art Panel (PAP) is made up of experts in various art
fields. Five Council officers sit on the PAP including a representative from
the urban design team. At least three members of the PAP are independent.
The PAP provides expert advice to guide the development of public art activity
in Wellington City. The Chair of the PAP makes the final decision on
support provided to projects.
10. The recommended membership for
Council’s Public Art Advisory Group (PAAG) is attached as Appendix 2 to
the report together with the draft Terms of Reference attached as Appendix 3 to
the report.
11. The PAAG
will deliver impartial expert advice, providing guidance and support to
officers and governance at a very minimal cost (approximately $1000
pa).
12. The PAAG will work with the Chair and members of the
Arts and Culture Subcommittee, advising them on public art matters. These
recommendations will not be binding on the Subcommittee. The PAAG will
provide the impartial advice and quality information drawn from their knowledge
of the latest development in the field of public art, ensuring the Subcommittee
can feel confident in making public art decisions.
13. The PAAG will function as a buffer for Councillors in
any decisions that have the potential to be controversial or that may offend
certain constituents (such as the rejection of a proposal that does not fit
with Council’s aims and requirements, or the removal of a well-loved
artwork that has become too expensive to maintain).
14. The PAAG offers different advice to that which can be
sourced from the community in that its members know what public art can do for
Hutt City and how to make sure it achieves those goals. Having a body of
experts to inform the public art programme means that Hutt City will have
access to the latest ideas on how public art can deliver what the community
wants and needs from the programme.
Options
15. For
the draft Public Art Policy the Committee can:
a. approve
the draft Public Art Policy for inclusion in the Council’s Arts and
Culture Policy; or
b. approve
the draft Public Art Policy with some changes for inclusion in Council’s
Arts and Culture Policy; or
c. not
approve the draft Public Art Policy and ask officers to consult with the
community before finalising the Policy.
16. For the
membership of the PPAG and the draft terms of reference the Committee can:
a. approve
the PAAG member and draft Terms of Reference; or
b. approve
the PAAG member and draft Terms of Reference with some changes; or
c. not
approve the PAAG member and draft Terms of Reference.
Consultation
17. Officers
developed the draft Public Art Policy in close consultation and collaboration
with the Public Art sector (including working closely with E Tu Awakairangi),
mana whenua and the community, both groups and individuals.
18. Considerable consultation, both internally and externally, has
previously been undertaken for the Public Art Issues and Options Paper, the
Arts and Culture Policy and the draft Public Art Policy and Interim Art in
Public Places Guidelines. The policy and recommendations in this report are
based on the information gathered in those consultations therefore Officers do not believe that further consultation is necessary.
Legal
Considerations
19. There
are no legal considerations.
Financial
Considerations
20. The
Community Plan Committee will be considering the funding required to
operationalise the policy and provide for the maintenance of existing and new
Public Art works.
Other
Considerations
21. In making these recommendations, officers have given
careful consideration to the purpose of local government in section 10 of the
Local Government Act 2002. Officers believe that these recommendations fall
within the purpose of the local government in that they provide a strategic
focus and planning framework for the public art programme, so that public art
activities are no longer ad-hoc but carefully planned and administrated to
deliver to council’s goals and the community’s needs. This is
the most cost-effective approach because it addresses the issue of ensuring
that funds are being spent in ways that help ensure the delivery of
Council’s strategic vision for the city.
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
DRAFT Public Art Policy Hutt City
|
188
|
|
2⇩
|
PAAG proposed members
|
195
|
|
3⇩
|
Draft PAAG TOR
|
197
|
Author: Wendy
Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
|
Attachment 1
|
DRAFT Public Art Policy Hutt City
|
|
Attachment 2
|
PAAG proposed members
|
|
Attachment 3
|
Draft PAAG TOR
|
DRAFT TOR: Hutt City Public Art Advisory Group
Public Art in Hutt City:
Hutt City
Council’s vision is to make Lower Hutt a great place to live, work and
play. Our goal is for Hutt City to be a place where our people are proud to
live, where working and investing is a smart choice, and where there’s
always something for our families to explore.
Public art can and
should play an important role in delivering this vision. Public art can help
create a sense of identity and pride for the City; it can attract innovative
thinkers who create opportunity and prosperity; it creates destinations and is
a vital aspect of world-class public spaces. Public art is essential to
revitalisation strategies like Making Places as well as being a key tool for
delivering Leisure and Wellbeing.
Purpose:
The purpose of the
PAAG is to provide advice which will help council and its officers deliver an
excellent public art programme for the city. The PAAG will be an important
source of vision for what can be achieved in Hutt City with public art. They
will bring in innovative ideas and approaches informed by their extensive
knowledge of public art.
The Public Art
Policy will be the key guiding document for the PAAG. Other key documents
include:
- Arts
and Culture policy
- CBD
Making Places
- The
Integrated Vision for Hutt City
- The
Urban Growth Strategy
- The
Leisure and Wellbeing Strategy
Responsibilities:
The key
responsibility of the PAAG is to provide sound, expert advice to enable
officers and councillors to deliver an effective, quality public art programme.
The group is an
advisory body rather than a decision-making body; it will make recommendations
to the Arts and Culture Subcommittee, council officers and Council itself.
The PAAG will:
- Assist
in developing Council’s Public Art Policy;
- If
a public art programme is developed, work with the Arts and Culture
Subcommittee and appropriate Council officers to:
o set strategic
priorities and goals for Public Art in Hutt City;
o identify potential
public art projects, sites and opportunities;
o evaluate projects,
sites and opportunities against each other and prioritise them to deliver an
effective, targeted programme that unfolds strategically in time;
o identify potential
artists, and/or artist recruitment methods;
o provide feedback on
project briefs and proposed artists or artist recruitment methods for major
projects;
o assess
artist’s proposals for major Council and E Tu Awakairangi art projects
and provide recommendations regarding artist selection;
- Liaise with E Tu
Awakairangi, Hutt City’s Public Art Trust:
o Providing
information about the strategic direction of the public art programme once
developed;
o Identifying
priority sites and opportunities; and
o Giving feedback on
their proposed projects, project briefs, and proposed artists or artist
recruitment methods regarding their fit into the strategic programme.
- Where
appropriate, work with the Arts and Culture Subcommittee to develop requests to
Council for public art funds;
- Provide
recommendations to the Arts and Culture Subcommittee as to when a work should
be deaccessioned in accordance with a deaccessioning policy (to be developed);
- Provide
recommendations to the Arts and Culture Subcommittee as to when a gifted
artwork should be turned down in accordance with a gifting policy (to be
developed);
- Work
towards developing a public art programme for Hutt City that draws on the full
range of possibilities represented by contemporary public art as appropriate,
including but not limited to:
o Artworks integrated
into the fabric of the city (paving, seating, lighting, etc);
o Freestanding
artworks (primarily to be delivered through E Tu Awakairangi, Hutt City’s
Public Art Trust);
o Temporary and
event-based artworks;
o Object and action
based artworks;
o Digital artworks;
etc.
- Direct
the programme towards artworks that are site-specific and/or fit for purpose
rather than artworks that are pre-made for a generic site or situation; and
- Focus
on public art (art made by professional artists for public spaces) rather than
community art (art made by non-professionals).
In making their
recommendations, the PAAG will:
- Consider
the city’s cultural and sociopolitical makeup; and
- Consider
the need for tangata whenua to be represented.
Members will
declare any conflict of interest and sit out of any discussions and votes
relating to the conflict of interest.
Membership:
· The PAAG has
between 7 and 9 members.
· All members will
all have expertise and/or experience in public art (except for one councillor);
and have an interest in or connection to Hutt City.
· At least two
members will be local; at least one of these will be tangata whenua.
· Expertise will be
brought in from outside the Lower Hutt region as required, to bring expertise
that is not locally available into the city and upskill local representatives.
· A chair will be
elected by the group biannually.
· Membership will be
for two years with an option for renewal for a further three years.
· Potential new
members will be proposed by the sitting PAAG, the Arts and Culture Subcommittee
and the appropriate Council officer, who will assemble a final list for sign
off by council. Expressions of interest may be called for, with applications to
be assessed by the panel and/or the appropriate Council officer.
· New members may be
brought in as needed. Council reserves the right to bring in extra expertise as
it sees fit in addition to those proposed by the panel.
· Council and the
Chair may ask members to leave if they are not contributing to the
responsibilities identified above.
Meetings:
· As required up to a
maximum of 6 per year.
· Members should
attend all meetings and submit apologies if they are not available.
· Meeting expenses
will be paid for at a standard meeting rate of $60 after tax er meeting
Policy and Regulatory
06 November 2017
File: (17/1699)
Report
no: PRC2017/5/287
Development
Contributions Policy Review for 2018-2028 Long Term Plan
Purpose
of Report
1. The
purpose of this report is to advise the Committee of changes required to
Council’s Development Contributions Policy and ask the Committee to
recommend to the Community Plan Committee that the Development Contributions
Policy be consulted on as part of the Long Term Plan consultation.
|
Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes the issues to be addressed and the changes that will be made
to the Development Contributions Policy for the 2018-2028 Long term Plan;
(ii) notes this information about the changes will be made publically
available via the Long Term Plan;
(iii) recommends to the Community Plan Committee that the Development
Contributions Policy be consulted on as part of the Long Term Plan
consultation; and
(iv) notes that any changes to the information provided in the report
(and its attachments) resulting from consultation in 2018 will be considered
by Council for final approval, before a new Policy is released by 30 June
2018.
For the
following reasons:
a) the
noted changes need to be made to ensure that Council complies with the
requirements of the Local Government Act 2002 vis a vis Development
Contributions;
b) the
Development Contributions Policy must be consulted on as part of the Long
Term Plan; and
c) notes
that the Development Contributions Policy is being updated to reflect current
growth and capital expenditure on network infrastructure in the Long Term
Plan
|
Background
2. The
purpose of development contributions is to enable territorial authorities to
recover from those persons undertaking development a fair, equitable, and
proportionate portion of the total cost of capital expenditure necessary to
service growth over the long term. To be able to charge development
contributions the council must have a Development Contributions Policy.
3. Councils are required to ensure that their Development Contributions
Policies are up to date and are compliant with the requirements of section 106
and contain the information required by section 201 of the Local Government Act
2002 (LGA). The Council’s policy is currently compliant but needs
updating due to the passage of time, new developments, population growth
changes and infrastructure capital expenditure.
4. If
financial contributions are required the provisions (in the District Plan)
relating to these must be summarised in the Development Contributions Policy.
5. In
2014 Council undertook a significant review of its Development Contributions
Policy to ensure the policy complied with the 2014 legislative changes
governing development and financial contributions and consulted on these via
the 2015-2025 Long Term Plan.
Discussion
6. The
Development Contributions Policy should be reviewed every three years to ensure
that it still complies with the LGA and is up to date to ensure the development
contribution charges capture the costs of growth over time. Council
engaged the consultant who assisted Council with its 2014 review to assist with
this review.
7. The
following work will be undertaken to prepare the policy for consultation with
an updated schedule of charges :
1. Update
the Asset Schedule in the Policy to include new planned growth projects
identified in the Long Term Plan;
2. Update
the financial model include new planned growth capital expenditure
identified in the Long Term Plan and update financial factors in the model such
as the cost of capital and updated actual and estimated costs for the projects
in the Asset Schedule;
3. Update
the units of demand (Equivalent Household Units) and relevant conversion
factors (e.g. Commercial m2 to EHU).
4. Update
the definition of “Development” in the policy.
8. A
decision needs to be made on whether Council should cost the upgrades to assets
required as a result of Plan Change 43 and include these in the Policy. This
will be discussed with the CFO and Asset Manager as the AMP may be needed to be
updated.
General
comments
9. The
link between the District Plan and the Development Contributions Policy with
respect to Financial Contributions needs clarification to remove any potential
conflict.
10. Improvements
need to be made to the three waters financial contributions to ensure that the
detail is equivalent to the detail required for traffic impacts
11. Need to
ensure that Financial Contributions meet requirements under s108 of the RMA.
12. The issue
with Financial Contributions is that they will expire in five years yet they
include new planned growth projects capital expenditure identified in the Long
Term Plan in five years. Provisions will need to be made for these
in the Development Contributions Policy.
Policy
13. Reviewing
the policy to ensure that:
1. EHU
(Equivalent Household Unit) factors are still relevant;
2. assessment
guidelines are still in line with the model being used to calculate development
contributions ;
3. the
definition of development aligns with the definition in the LGA; and
4. sections
10 and 11 are updated
14. The
Committee has the authority to approve (or otherwise) information for
consultation purposes. Council sign-off of any policy changes which are to be
made as a result of public consultation will take place at a Council meeting in
2015.
15. The
updated Development Contributions Policy will be included for consultation in
the Long Term Plan 2018-2028.
Relationship
between financial contributions and development contributions
16. The
development contributions policy is distinct from and in addition to the
provisions in the District Plan that provide Council with the discretion to
require financial contributions under the RMA.
17. Development
contributions are used to help fund planned and budgeted capital expenditure
related to growth. Financial contributions are required for reserves and for
where individual developments give rise to capital expenditure that is not
included in the LTP, and therefore that expenditure is not included in
Council’s development contribution policy. In these cases, Council may
impose a financial contribution as a condition of resource consent.
Options
18. The
Committee can approve the changes described above and direct officers to
prepare the policy for consultation as part of the Long Term Plan or ask
officers to submit the reviewed policy to its meeting in February 2018 for
approval.
Consultation
19. Consultation
will take place as part of the Long term Plan 2018-2028.
Legal Considerations
20. The
Development Contributions Policy must comply with requirements in the LGA.
Financial Considerations
21. The
Development Contributions Policy provides Council with
a method to fund planned infrastructure required as a result of growth, such as
subdivision or workplace building developments.
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 the local
government in that it enables Council to meet its obligations vis a vis
development contributions under the Local Government Act 2002.
23. It does this
in a way that is cost-effective because it ensures that developers only
contribute to growth where new or additional assets or
assets of increased capacity are required as a consequence of their
development.
Appendices
There are no
appendices for this report.
Author: Wendy
Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
Policy and Regulatory
06 November 2017
File: (17/1704)
Report
no: PRC2017/5/292
Significance and
Engagement Policy 2018
Purpose
of Report
1. The purpose of the report is to ask Council to adopt the
Significance and Engagement Policy.
|
Recommendations
It is recommended that the
Committee recommends that Council:
(i) notes
that nothing major has occurred or changed to warrant a review of
Council’s Significance and Engagement Policy ;
and
(ii) agrees
that the Significance and Engagement Policy, attached as
Appendix 1 to the report, adopted as part of the 2015-2025 Long Term Plan,
continues to represent how Council will go about assessing the importance of
matters and how and when the community can expect to be consulted on both.
|
Background
2. Parliament
passed amendments to the Local Government Act 2002 (section 76AA) which
affected how Council decides whether or not a decision is significant and then
how it engages with the community as part of the decision making process.
Council consulted on its new Significance and Engagement Policy (SEP) in late
2014 and approved it in November 2014 as the first SEPs had to be in place by 1
December 2014.
Discussion
3. A
SEP is a device for letting the public know what decisions or matters the
Council and the community consider to be particularly important, how Council
will go about assessing the importance of matters and how and when the
community can expect to be consulted on both. It replaces and extends the
Significance Policy formerly required under section 90 of the Local Government
Act (the Act). [SOLGM
Guidelines August 2014].
4. Amendments
elsewhere in the Act provide a degree of flexibility in how and when local
authorities consult on a range of decisions taken under that Act. The SEP
is the partner to the greater flexibility in that the policy advises the public
of the “house rules” – that is how Council will utilise the
flexibility.
5. Since
that time, nothing major has occurred or changed to
warrant a review of Council’s Significance and Engagement Policy.
Officers consider that the current policy still meets legislative requirements
and provides the people in the community with the information they require to
understand how Council will go about assessing the
importance of matters and how and when the they can expect to be consulted on
both.
6. Council’s
assessment of significance is important because it drives the way Council makes
decisions and what analysis and community engagement is required during the
decision making process.
7. Section
79 of the Act enables Councils to exercise their discretion about how to comply
with the Act in proportion to the significance of the matter or decision,
including the following:
a. The
degree to which a local authority identifies and assesses options in respect of
each decision or matter (including identification of costs and benefits);
b. The
extent and detail of any information to be considered; and
c. The
extent and nature of any written record to be kept of the decision.
Consultation/Engagement
8. Engagement
is a wider concept than consultation. Consultation is one of a suite of
tools. The new SEP looks at community engagement from the perspective of
whether a decision is of little or great importance and then considers the
level and method of engagement necessary as the significance of the decision
grows.
9. Officers
also have the Community Engagement Guidelines developed to assist them to
select the right approaches for engagement depending on the issue and the
people involved.
10. The SEP also
sets out what methods Council will invite or accept when offering the community
the chance to present views and how it intends to give effect to the
requirement that an opportunity be given for spoken/sign language
interaction.
11. Council will make sure that those who require spoken/sign language
interaction have this service available through liaising with the
Council’s Accessibility and Inclusiveness Plan Advisory Group and
non-government organisations that provide sign/spoken language services.
Significance
and Engagement Policy
12. The SEP is
attached as Appendix 1 to the report.
Options
13. Council
can either agree that the current SEP continues to fairly represent how the
Council will let the public know what decisions or matters the Council and the
community consider to be particularly important, how Council will go about
assessing the importance of matters and how and when the community can expect
to be consulted on both OR direct officers to review the SEP.
Consultation
14. If Council
decides that the current SEP continues to fairly represent how the Council will
make significant decisions officers recommend that this be noted in the Long
Term Plan and people given the opportunity to consider it and comment through
the LTP process.
15. If Council
direct officers to review the SEP then this should be completed outside the LTP
process as it is not a legislative requirement that the SEP be reviewed as part
of the LTP.
16. The SEP
continues to be available on the Council web site.
Legal
Considerations
17. The
Council’s assessment of significance can be contested in court.
This usually happens as part of a wider challenge to council’s decision
making. The courts may (and have) overturned council decisions for
non-compliance with the council’s own significance policy.
Council’s assessment of the significance of a particular decision or
issue is also open to judicial review.
18. Council can
make a decision contrary to its policy provided it follows the process set out
in section 80 of the Act. Use of this should be limited to exceptional cases as
regular use risks a loss of credibility with the community and could be read as
a signal that something is wrong with the SEP.
Financial
Considerations
19. There are no
financial considerations.
Other
Considerations
20. 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 complies with the Local Government Act requirement that Council
develops, consults on and adopts a Significance and Engagement Policy.
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
SIGNIFICANCE AND ENGAGEMENT POLICY
2018-2028
|
208
|
|
2⇩
|
Community Engagement Strategy 2011
|
215
|
Author: Wendy
Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
|
Attachment 1
|
SIGNIFICANCE AND ENGAGEMENT POLICY 2018-2028
|
Significance and Engagement policy
The Significance and Engagement Policy:
§ sets out the general
approach Council will take to determining the significance of proposals and
decisions relating to issues, assets or other matters; and
§ provides clarity about
how and when communities can expect to be engaged in decisions about different
matters depending on the degree of significance the council and its communities
attach to those matters.
1. Objective
All decisions Council makes must be made
in accordance with the decision-making requirements of the Local Government Act
2002 (set out in sections 76AA-81). Council must also ensure that the community
gets every opportunity to engage with the decision making process particularly
in cases where the decision being made is significant and may be a material
departure from existing policy.
Council must make a judgement about how
to comply with the Act in a way:
§ that
reflects the significance or materiality of the matter under consideration; and
§ enhances
the community’s ability to engage.
This policy explains Council’s
approach to determining the significance or materiality of a decision and lists
the thresholds, criteria and procedures that Council and its community will use
in the assessment.
2. Introduction
The Local Government Act 2002 (the Act)
sets out the framework for Council’s consultation and decision-making
processes. Significance is a key concept in this framework. The term
significance, as used in the Act, is defined in Section 5 of the Act.
A decision about issues, assets and
other matters is significant if it will mean a material departure from existing
policy. A difference or variation is material if it could, itself or in
combination with other differences, influence the decisions or assessments of
those reading or responding to the engagement document.
The type of decisions a Council and its
community must make can range from those that are trivial in nature to those
that are of major importance. The Council must decide where in the range of
trivial to very important a decision sits and what level of analysis and
engagement is appropriate every time a decision is made.
The significance
(materiality) range has a threshold at which point decisions are deemed to be
‘significant’. If an issue requiring decision is determined to be
‘significant’ the council will:
1. Undertake community
engagement responding to community preferences for engagement and clearly
identifying why, how and when the community can expect to be engaged with using
the Special Consultative Procedure (see Section 83 of the Act).
2. Ensure that every
decision complies with the decision-making requirements set out in Sections
76AA - 81 of the Act.).
3. Take into account the
relationship of Maori and their culture and traditions, if any of the options
involves a significant decision in relation to land or a body of water Section
77 of the Act).
The Significance and Engagement Policy
and the supporting information contained in Council’s Community
Engagement Strategy, gives Council guidance on what consultation processes
should be followed in relation to a particular decision. The Council’s
‘Guide to Good Decision Making’ provides further assistance as to
what analysis is appropriate given the significance and nature of a decision.
Even where Council thinks that a particular decision does not reach the
‘significant’ threshold, they may still choose to adopt the Special
Consultative Procedure.
3. Approach to decision-making and significance
Determining significance
A significant decision is one that has a
high degree of significance in terms of its impact on
§ the
wellbeing of Hutt City and/or
§ persons
likely to be affected by or with an interest in that decision and/or
§ the
costs to or the capacity of the Hutt City Council to provide for the wellbeing
of the city.
When considering the significance of a
proposal, decision or other matter, the Council will use the following
threshold and criteria: (Note: it is the cumulative effect of all these
criteria that determines the overall significance of a matter).
§ The
extent to which the matter flows logically and consequentially from a
significant decision already made or from a decision in the LTP or the Annual
Plan.
§ The
extent of the matter in terms of its net cost to the Council. Where a decision
has not been highlighted through the LTP or Annual Plan, a decision involving a
change in spending of more than 10% of the planned capital expenditure for
capital items or 5% of the planned operating expenditure for operating
decisions will be considered significant.
§ The
transfer of ownership or control, or the disposal or abandonment of a Strategic
Asset as a whole as defined by the LGA or listed in section 5 of this policy
will be considered to be significant. The degree to which transfer of ownership
or control, or the disposal or abandonment of a part of a Strategic Asset
undermines the integrity/functioning of the asset as a whole or restricts the
networking utility of the asset will also be considered.
§ The
matter includes consideration of a large increase in user fee or the
introduction of a user fee for a service that has previously been provided free
of charge.
§ The
matter includes consideration of an alteration to the intended level of service
provision for any core Council activity, including a decision to commence or
cease any such activity.
§ Reversibility
and Intergenerational equity. The more irreversible the effects of a decision
the more significance it has - particularly where the decision involves the
unsustainable use of resources and so reduces the right of future citizens to
inherit the same diversity of natural and societal resources enjoyed by current
citizens. This includes the cumulative effects of previous
decisions and their impact on irreversibility and intergenerational equity.
§ Practicality.
The Act provides for Council to take into account the circumstances under which
a decision is taken and what opportunity there is to consider a range of
options and the views and preferences of other people. In circumstances in
which failure to make a decision urgently would result in the loss of
opportunities which are assessed as able to contribute to achieving the
community outcomes, then Council will tailor its decision making processes to
allow as much evaluation and engagement as is practicable while working within
the required timeline.
§ The
extent to which the matter under consideration is of public interest or
controversial within the community.
Procedure
All reports to Council will include an
assessment of the significance of the report’s recommendations and the
level and type of engagement required to ensure that the community gets every
opportunity to engage with the decision making process particularly in cases
where the decision being made is significant and may be a material departure
from existing policy. A statement showing how the Council has (or
will) appropriately observe(d) the Act, with regard to the appropriate degree and
form of engagement and analysis, will also be included.
If the recommendations are considered to
be above the ‘significant’ threshold, an external peer review will
be sought to confirm that the decision-making process undertaken is in
accordance with the decision-making requirements set out in ss76AA to 81of the
Act.
4. Engagement
In 2011 Council consulted on its
Community Engagement Strategy (CES) and received positive feedback on the
proposed approach. The CES was subsequently approved by Council as part of the
2011 Annual Plan.
The CES covers:
Interaction between Hutt City Council
and the community undertaken for democratic decision making
Ongoing engagement with the community in
the spirit of partnership.
It outlines Councils community
engagement philosophy and commitment to the community and summarises:
§ Our
community engagement goals
§ The
main types of community engagement Council undertakes
§ How
community engagement relates to the decision-making process and how Council
considers how to involve the public in decision-making
§ Our
approach to community partnerships
§ Our
commitment to engaging Maori as a Treaty partner
§ Key
opportunities for improving our community engagement
Community engagement is much broader
than consultation, although consultation is encompassed within it. Community
engagement includes the full range of community participation in
decision-making- from being provided with information only right through to
Council supporting community initiatives. The different degrees of community
engagement relate to the extent that decision-making
powers (and implementation) are devolved to the community, or conversely, held
with Council.
At a high level,
there are five main types of community engagement that Hutt City Council
undertakes with the community. These are summarised here. Although each type of
community engagement has its place in Council, this strategy does not prescribe
the type of community engagement that must be employed in specified
circumstances. The range of Hutt City Council activities and types of decision
is too varied for such an approach. However, the section on decision-making
does outline some of the high-level factors Council takes into account when
considering what type of community engagement is suitable for a specific
proposal or issue.
Information
–
Supports all types of community engagement and keeps people informed about such
things as decisions, services and local events.
Consultation
– Can be used when there is a decision to make about something or when
there are a number of choices about the details. Most of the proposals Hutt City
Council considers involve consultation.
Deciding
together – Local people are involved in deciding which
option to choose, but it is Hutt City Council that will act on the decision. A
good example of this is the Walter Nash Park playground in Taita. Locals helped
design the playground that Council built.
Acting
together – Decisions and implementation are made in
partnerships between local people or agencies and Hutt City Council. The
intended beautification around the Waiwhetu Stream is a good example of this in
action. Locals have not only contributed to the development of the vision but
are also to be involved in actively developing the area.
Supporting
community initiatives – Independent groups are
empowered to develop and carry out their own plans. Council’s role is
primarily supportive or facilitative. A lot of the work of Hutt City
Council’s community support staff involves supporting community
initiatives.
Decision making
Hutt City Council is
involved in a wide range of activities, from setting policies on gaming in the
city, developing and enforcing local regulations and promoting tourism right
through to the delivery of services and infrastructure like libraries and
roads. In most of these activities, the kinds of decision range from setting
longer-term strategy to minor operational matters.
In general terms,
these decisions usually involve the first three types of community engagement
– information, consultation and deciding together. In many cases, the
same decision or issue may involve different types of community engagement at
different steps in the decision-making process. It is important that the
community and Hutt City Council have a common understanding of the
decision-making process and how Hutt City Council decides when and how much to
engage the community.
Hutt City
Council’s general decision-making process is illustrated in its Community
Engagement Strategy (CEG). The CEG also outlines the key factors Council
generally takes into account when developing a community engagement plan for a
specific proposal or decision.
Council has also
developed internal guidance – the Community Engagement Guidelines –
to assist staff when they are deciding on the best approach to community
engagement for a particular matter, proposal or decision. Council has trained
community engagement mentors who are also available to assist colleagues design
and implement an engagement strategy that is appropriate to the circumstances.
The CES can be
accessed at http://www.huttcity.govt.nz/Documents/a-z/Community%20engagement%20strategy%202011.pdf.
It is also attached as
Appendix II.
Spoken/sign language interaction
Council will make sure that those who
require spoken/sign language interaction have this service available through
liaising with the Sub Regional Disability Forum and non-government
organisations that provide sign/spoken language services.
5. Strategic Assets
The Act defines a Strategic Asset as:
“an asset or group of assets that
the local authority needs to retain if the local authority is to maintain the
local authority’s capacity to achieve or promote any outcome that the
local authority determines to be important to the current or future wellbeing
of the community; and includes—
(a) any asset or group of assets listed
in accordance with section 76AA (3) by the local authority; and
(b) any land or building owned by the
local authority and required to maintain the local authority’s capacity
to provide affordable housing as part of its social policy; and
(c) any equity securities held by the
local authority in—
(i) a port company within the meaning of
the Port Companies Act 1988:
(ii) an airport company within the
meaning of the Airport Authorities Act 1966”
In accordance with section 76AA (3) of
the Local Government Act 2002 Hutt City Council considers the following assets
to be strategic:
· Roading
Network
· Wastewater
Network and Treatment
· Stormwater
Network
· Water
Supply Network
· Landfills
· Network
of parks and reserves
· Dowse
and Settlers Collections
· Library
Network
|
Attachment 2
|
Community Engagement Strategy 2011
|
Policy and
Regulatory
06 November 2017
File: (17/1698)
Report
no: PRC2017/5/5
Strategy and Planning
Activity Report
Purpose
of Report
1. The purpose of this report is to outline the results of a review of
the Strategy and Policy activity.
|
Recommendation
It is recommended that the
Committee:
(i) notes
the information contained in this report;
(ii) notes
that this review also meets the intent of section 17A of the Local Government
Act 2002; and
(iii) agrees that a full section 17A review should not be undertaken at
present.
|
Background
2. Activity
Reports provide regular information about Council activities, so that
activities can be analysed and their future direction considered. They also address the requirements of section 17A of the Local
Government Act 2002 (LGA) that regular reviews be undertaken of the
cost-effectiveness of current arrangements for meeting the needs of communities
for good-quality local infrastructure, local public services, and performance
of regulatory functions.
High-level
description of Activity
3. Activity
17 – Advice and Support – is a function primarily delivered by the
Strategy and Planning Division in the City Transformation Group. This activity
comprises the processes that support Council decision making, such as the Long
Term Plan, strategic planning, policy development and research, monitoring and
reporting. The team now comprises 4 full time staff and two staff –
a Senior Policy Advisor and Policy Advisor are currently being recruited to
fill vacancies that have existed for 18 months and 6 months respectively.
Reason
for the review
4. This
review is required because 3 years have passed since this Activity was last
reviewed.
Rationale
for service provision
5. The
Advice and Support Activity leads Councils’ development, implementation
and review (when appropriate) of Council’s Integrated Vision for
the city and its four key strategies: Urban Growth, Leisure and Well Being,
Environmental Sustainability and Infrastructure.
6. The
Advice and Support Activity also has a focus on:
· developing the Long Term
Plan, Annual Plan and Annual Report and managing the processes associated with
these;
· providing policy advice
to Council that balances the different views of the local community in the
interests of achieving the best public good outcome;
· representing Hutt City
Council on cross-Council working groups;
· undertaking bylaw reviews
for Council in conjunction with other key Council staff;
· maintaining relationships
with central government agencies and working with them to undertake mutually
advantageous projects; and
· undertaking research and
monitoring on behalf of different Divisions across Council for planning and
reporting purposes.
7. The
provision of free and frank, professional advice enables transparent decision
making and provides assurance that rigorous analysis underpins Council
processes and decisions.
8. The
Committee should note that policy and strategy advice is also provided by other
areas of Council such as the Strategic Leadership Team, Parks and Gardens, the
Community Services Group and Environmental Policy. While Strategy and
Planning is often involved in assisting with the development of strategies and
policy in these areas, the team does not performing the primary advice
function.
9. Legal
advice is provided by the Legal Services team and financial advice, with the
exception of some policies such as the CBD remissions policy, is provided by
the Finance Division
Present
arrangements for governance, funding and service delivery
10. Strategy
and Planning is a division of Council providing evidence based policy, strategy
and research advice. These services assist Council to make decisions
regarding the future direction of and policy for the city and Council’s
input in to achieving this direction.
Current
and future risks likely to have a significant impact on this activity
11. Council’s
ability to attract experienced and well qualified policy and research staff
members is negatively impacted by our proximity to central government. It is
difficult to compete in such a tight market where the remuneration offered
cannot be met by Council to the same degree. We have been fortunate
to secure staff with excellent skills who are committed to making a difference
for the city.
Current
performance against KPIs compared to historical and peer benchmarks
12. The
following table sets out the measures that those providing Advice and Support
use to assess success towards providing outcomes associated with Activity 17.
|
Measure
|
Target 2017
|
Results 2017
|
Results 2016
|
|
Councillors are satisfied or more than satisfied with
the formal advice they receive from officers (measured by internal survey)
|
80%
|
96%
Achieved
|
93%
|
|
Councillors are satisfied or more than satisfied with
responses to requests for help from officers (measured by internal survey)
|
80%
|
98%
Achieved
|
86%
|
|
Community Board and Community Committee members are
satisfied or more than satisfied with the formal advice they receive from
officers (measured by internal survey)
|
80%
|
92%
Achieved
|
82%
|
|
Community Board and Community Committee members are
satisfied or more than satisfied with responses to requests for help from
officers (measured by internal survey)
|
80%
|
84%
Achieved
|
82%
|
Total
operating and capital cost of the service over the last 3 years and next 10 years
13. The
2017/18 operating budget for Strategy and Planning is $1,068,874. The 2016/17
operating budget was $1,084,872. The budget is unlikely to vary
considerably from these figures over the next ten years with allowances made
for salary and research and monitoring costs.
Adjustments
that could be made to user charges and service levels to increase or decrease
these by 5%
14. A
5% reduction in budget would reduce Council’s ability to undertake
research projects that inform policy and strategy development. It may also
impact on Council’s ability to attract and retain suitably qualified
staff.
15. A
5% increase in budget would increase Council’s capacity to undertake
research projects that inform policy and strategy development and also enhance
the division’s ability to provide economic analysis.
Comparison
of any significant fees or charges against peers
16. Not
applicable to Activity 17.
Current
highlights or issues of significance to Council
17. None
relevant to this activity.
Reasonably
practical options for the governance, funding and delivery of this activity
18. The
costs of Activity 17 – Advice and Support have been steady over the last
three years and they are unlikely to increase markedly in the immediate/medium
term future.
19. Although
there are no external measures available to compare service delivery between
Councils, indicatively Hutt City Council’s Strategy and Planning
activities are comparable to that of Wellington and Porirua Councils.
Porirua has seven full time staff involved in delivering policy, strategy and
research services. Wellington City Council employs 15 full time staff to
deliver policy, strategy and research services.
20. HCC
has a small group of policy, strategy, economic and research specialists who
work on a wide range of projects. The team represents HCC in a wide range
of external policy and strategy groups and has been instrumental in accessing
funding from central government to deliver specialist projects in Hutt City.
21. Strategy
and Planning contributes directly to rate payer satisfaction with Council
engagement as the team often leads engagement projects such as the Avalon Park
Dog Exercise Areas, Risk and Resilience and the Parking Policy. Community satisfaction with
Council engagement has generally been improving over the last three to four
years. In 2017, 71% of respondents to the Annual Satisfaction Survey were
satisfied with Council’s engagement.
Appendices
There are no
appendices for this report.
Author: Wendy
Moore
Divisional Manager, Strategy and Planning
Approved By: Kim Kelly
General Manager, City Transformation
Policy and Regulatory
05 September 2017
File: (17/1365)
Report
no: PRC2017/4/224
New Reserves, Leases
and Licences for 2018
Purpose
of Report
1. This report seeks approval to issue 12 new leases and licences to
existing clubrooms and other premises to individuals, clubs & associations
for which leases and licences on clubrooms, buildings or the use of land is
currently being held but are due to expire in 2018.
|
Recommendations
It is recommended that the
Committee:
(i) notes that in accordance with the Reserves Act 1977 the Council
has publicly notified its intention to issue new leases and licences to the
clubs and organisations listed in the schedule attached to the report as
Appendix 1, with no submissions received; and
(ii) agrees to issue a new lease or licence to each of the
clubs/organisations listed in Appendix 1 for the terms proposed in the
schedule.
For the
reason that officers recommendations are in line with Council Policy on this
issue.
|
Background
2. Council
manages approximately 260 lease and licence agreements
on Council owned reserve land. The agreements are based on
Council’s generic reserves lease or licence agreements, which has been
approved by Council. The terms and conditions of each agreement are
reasonably similar, except for the rental, term and duration of the agreement,
which may differ.
3. Attached
to the report as Appendix 2 is a copy of the public
notice that was placed in the Hutt News on 8 August 2017. The purpose of
the advertisement is to provide an opportunity for members of the public to
make a submission on Council’s proposal to issue a new lease. No
submissions were received in response to the public notice.
4. This report covers leases which are due to expire in 2018.
Discussion
5. All clubs or organisations detailed in Appendix 1 have a lease or
licence with Council for the reserve land upon which their clubrooms,
buildings, and/or structures are located. As an established user of reserve
land, the issuing of a new lease or licence will have little or no change in
impact on the use of the reserve for which the lease or licence relates. As
such officers support the issuing of each of the new leases and licences.
Options
6. The
Committee can resolve to:
a. approve
the proposal to issue new lease agreements to those clubs /associations in
Appendix 1; or
b. decline, either individually or collectively, the request to issue
new lease agreements to those clubs in Appendix 1.
Consultation
7. In
accordance with statutory requirements, Council’s
intention to issue a lease or licence was publicly notified in the Hutt News on
8 August 2017 and closed on 8 September 2017. At the time of writing this
report no submissions had been received.
8. A copy of this report has been provided to the Port Nicholson Block
Settlement Trust and Te Runanganui for comment.
Legal
Considerations
9. Leasing or licencing of designated reserves is covered by the
Reserves Act 1977 and for land managed as reserve by the Local Government Act
2002. This proposal to enter into new lease or licence agreements with each of
the clubs or organisations outlined in Appendix 1 is in accordance with
statutory requirements.
Financial
Considerations
10. The cost of publicly notifying the proposal and entering into new
leases and licences is minimal and will be met from existing budgets.
Other
Considerations
11. Reserves Management Plans guide the use, maintenance and development
of Council reserves. The proposal to issue new leases and licences is in
accordance with the policies and objectives of the relevant plan.
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
New leases and licences 2018
|
231
|
|
2⇩
|
Advertisement from Hutt News 8 August
2017
|
232
|
Author: Bruce
Hodgins
Divisional Manager, Parks and Gardens
Approved By: Matt Reid
General Manager City and Community Services
|
Attachment 1
|
New leases and licences 2018
|
|
TYPE
|
LESSEE
|
LEGAL DESCRIPTION
|
PURPOSE
|
TERM
|
|
Lease
|
Capital Model Racers Inc
|
Wingate (Old tip site)
|
Land
|
5+5+5
|
|
Lease
|
Hutt Valley Model Railway Club Inc
|
Randwick Crescent Reserve
|
Clubrooms
|
5+5+5
|
|
Lease
|
HV Badminton Association
|
Walter Mildenhall Park
|
Clubrooms
|
13+10+10
|
|
Lease
|
Petone Rugby Football Club Inc
|
North Park
|
Clubrooms
|
5-20
|
|
Lease
|
Petone Tennis Club
|
North Park
|
Clubrooms and Tennis Courts
|
5-20
|
|
Lease
|
SV Tennis Club
|
Kamahi Reserve
|
Clubrooms
|
10+10
|
|
Licence
|
Two Degrees Mobile Limited
|
Honeysuckle Grove, Maungaraki
|
Land for Communications Tower
|
3+3+3
|
|
Licence
|
Vodafone
|
Rona Bay Foreshore
|
Underground cables
|
3+3+3
|
|
Licence
|
Vodafone
|
Hugh Sinclair Park, Wainui
|
Underground cables
|
3+3+3
|
|
Licence
|
Vodafone - Phil Evans Reserve
|
Phil Evans Reserve
|
Locating a cable underground only
|
3+3+3
|
|
Licence
|
Vodafone - Walter Mildenhall Park
|
Walter Mildenhall Park
|
Underground cables
|
3+3+3
|
|
Lease
|
Wellington Tenths Trust
|
Hikoikoi Reserve
|
Land
|
13+10+10
|
|
Attachment 2
|
Advertisement from Hutt News 8 August 2017
|
Policy and Regulatory
25 October 2017
File: (17/1643)
Report
no: PRC2017/5/294
General Manager's
Report
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
It is recommended that the
Committee notes the contents of this report.
|
Background
2. This
report covers the activities of two divisions in the City Transformation Group;
being Regulatory Services and Environmental Consents. The Environmental
Consents division process consent applications under the Resource Management
Act, the Food Act, the Sale & Supply of Alcohol Act and the Building Act
(resource and building consents, liquor and food licenses and District
Licensing reports), 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 trade waste applications, bylaws,
animal services and parking.
3. The
report firstly covers Environmental Consents and secondly Regulatory Services.
Environmental Consent data is attached as Appendix 1 to the report.
Environmental Health data is attached as Appendix 2 to the report
4. Regulatory
Services data is attached as Appendix 3 to the report.
Discussion
– Environmental Consents
5. The
division continues to experience an increase in application numbers across the
board.
6. A
comparison of the building consent applications from the last financial year to
end October, with this financial year in the same period shows a 12%
increase.
7. The
same comparison for resource consent applications shows an 18% increase, and
for LIMs there is a 16% increase. There has also been a significant
increase in the number of commercial LIMs applied for in the last two months,
with the majority of these being for properties in Seaview.
8. The
number of liquor license applications processed this financial year to date,
has also increased by 28% compared to the previous year. The number of
District Licensing Committee hearings for alcohol applications this financial
year has increased threefold compared to the number in the same period in the
2016/17 financial year.
9. The
entire Division continues to find it hard in terms of resourcing.
However, we have managed to secure some staff in the LIMs and building areas,
and are in the midst of interviewing in the environmental health and building
areas. We are still recruiting for a Resource Consents Planner.
10. With the new
LIMs Officer on board we are now able to offer the fast track LIM service
again.
11. As
part of phase two of the organisational re-structure, an external review of the
resource in the Environmental Health team is being undertaken.
12. We continue
to meet our statutory timeframes in all areas.
Building Team
13. Coupled with the
increase in numbers of building consent applications, is an increase in the
value of building consents received. From 1 July to end October 2017, the value of building work
received is $102,417,436. This is an increase of $37,645,913, and an
additional 53 applications, when compared with the same period in the last
financial year (1 July to end October 2016: $64,771,523).
14. Our seismic assessment officers have been busy
dealing with owners of unreinforced masonry (URM) buildings to ensure the
securing of facades and/or parapets are completed the end of March 2018. There
has been consultation with the Ministry of Business Innovation and Employment
(MBIE) and Wellington City Council regarding the looming deadlines and the work
each Council needs to do to ensure the timeframes are met. Legal advice
is being sought jointly by the three agencies around enforcement options
available after March 2018.
15. Council originally had 72 buildings on the URM
list. This has now been reduced to 38 buildings, with investigation
regarding the construction of many of the buildings revealing the buildings can
be removed from the list. The Jackson Street Programme’s initiative now
has 11 building owners signed up to it.
16. As noted in the media, Wellington City Council
is investigating the possibility of a targeted rate or loan for owners that are
not able to complete the work due to financial restraints. Hutt City Council is
interested in this approach and will come back to Council with options once
they have been investigated further.
Recent building consent applications received of note
include:
17. 54 High Street, Hotel foundations
only, value $475k, being processed
18. 18 Tocker Street, new childcare centre, value
$500k, being processed
19. 22 Hawkins Street, new workshop and
apartments, value $700k, being processed
Resource Consents
Recent
resource consent applications received of note include:
20. The Summerset Group has submitted an application
for earthworks on the site of District Plan Change 35 to prepare the site for
future development. No building work is proposed as part of this
application. The earthworks involve approximately 8,000m3 of
cut and 9,000m3 of fill. The earthworks are expected to take 8
– 12 weeks over the summer school holiday period. Council has not
yet received an application for the retirement village. It is understood
that this will be submitted later this year or early next year.
21. 115 – 120 Oxford Terrace, Epuni: Housing New Zealand has
submitted an application for a new 5-storey building with 28 apartments.
This replaces an existing 4-storey building that is to be demolished.
22. The Strand, Wainuiomata: an application has been received for
the construction and operation of a retirement village consisting of 70 villas,
30 apartments, 10 serviced apartments, a 60 bed aged care facility, and a
communal facility building including a café for residents and the
public. This site was formerly part of Hugh Sinclair Park and has been
the subject of a Plan Change to allow for its development as a retirement
village.
Recently
granted resource consents
23. 14 Laings Road, Hutt Central: consent has been granted to convert the upper floors of the
existing building into 39 new apartments. The proposed apartments will be for
affordable housing with tenants referred by a social services
provider. Consent was required due to no on-site car parking being
provided for the units.
24. 10 Daly Street, Hutt Central: consent has been granted for a
development of 48 apartments in four new buildings.
RMA
Enforcement
25. An abatement notice served on an owner allowing commercial premises
to be used for residential purposes has been appealed to the Environment
Court. The Environment Court has set a mediation date of 29 November
Environmental
Compliance Conference
26. Members of the Resource Consents Team attended this conference from
8th – 10th November. Tim Johnstone presented
at the conference, talking about new compliance guidelines that have been
prepared by the Ministry for the Environment and the areas of monitoring and
enforcement that can be improved.
Environmental Health
Alcohol
27. This
financial year to date, 169 alcohol applications have been processed through
the team, with six of these needing a hearing with the District Licensing
Committee (DLC). This compares to 134 applications processed in the same
period in the last financial year, with only two hearings in the last financial
year.
28. There
has been an increase in the number of DLC hearings which directly correlates to
an increase in public awareness of bottle stores opening in their
neighbourhood, and the link between this and alcohol harm. This is in
line with the three reporting agencies’ (Council Licensing Inspectors, NZ
Police and the Medical Officer of Health) focus on reducing alcohol related
harm, and subsequently opposing the granting of licenses. This is not
likely to reduce moving forward.
Recent notable liquor hearings:
29. A one day District Licensing Committee (DLC)
hearing took place on the 20th October 2017 for a new Off-License
application (Black Bull Liquor on 1 Rutherford Street) that was opposed by the
Medical Officer of Health. The decision is still pending with the DLC.
30. Another one day hearing is scheduled for the 15th
November 2017 for three Managers Certificate applications. These have
been opposed by the NZ Police and HCC inspectors.
Food premises
31. The team is working on transitioning food
premises to the new requirements of the Food Act. To do so, workshops for
food business operators are being run twice a month by Environmental Health
Officers to educate them on the new Food Act. The operators are taken
through how to tailor Food Control Plans and diaries to suit their
businesses. These workshops have been well received by the food business
operators.
32. Hutt City Council has 527 food premises, with
227 of these operating under the provisions of the Food Act 2014. The
remaining 300 food premises are yet to transition. This is to be
completed by March 2019.
Enforcement matters from
Regulatory Services
Animal Services
33. Animal
Control Officers have been busy visiting properties to ascertain why dogs are
on the list of debtors (those not registered for the new year).
34. From a list
of 950, officers have made contact with over 70 percent of those and those dogs
are either registered now or database amended to show owners have moved or dogs
have died, and Council have not been informed.
35. A recent
visit this month by Mark Vette, who is one of New Zealand’s leading dog
behaviourists and trainers, has picked Hutt City’s Animal Services team
to work with to initiate a new programme based on owners of dogs being a
partner with Councils, in more knowledge of dogs and behavourial advice.
36. Our team was
picked because of our proactive approach with community engagement, working
with our dog owners to improve dog ownership, resulting in less complaints.
Consultation
37. Consultation was undertaken with affected parties on notified
resource consents.
Legal Considerations
38. 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
39. There are no financial considerations.
Other
Considerations
40. 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 30
November 2017
|
239
|
|
2⇩
|
Environmental Health graphs at 30
September 2017
|
258
|
|
3⇩
|
Regulatory Services attachment to
report to 31 October 2017
|
260
|
Author: Geoff
Stuart
Divisional Manager, Regulatory Services and
Emergency Management
Author: Helen
Oram
Divisional Manager Environmental Consents
Approved By: Kim Kelly
General Manager, City Transformation
|
Attachment 1
|
Environmental Consents Graphs at 30 November 2017
|
|
Attachment 2
|
Environmental Health graphs at 30 September 2017
|
|
Attachment 3
|
Regulatory Services attachment to report to 31
October 2017
|
REGULATORYSERVICES – ENFORCEMENT
ACTIONS to 31 October 2017
|
ANIMAL SERVICES
|
September
|
October
|
|
Dogs impounded
|
59
|
57
|
|
Infringements issued
|
2
|
0
|
|
Prosecutions
|
1
|
0
|
|
PARKING SERVICES
|
September
|
October
|
|
Infringements
|
3442
|
3331
|
|
Stationary offences (WOFs, tyres)
|
921
|
867
|
Policy and
Regulatory
25 October 2017
File: (17/1639)
Report
no: PRC2017/5/21
Policy and Regulatory
Committee Work Programme
|
Recommendation
That the report be noted and received.
|
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
2018 Policy and Regulatory Committee
Work Programme
|
263
|
Author: Susan
Haniel
Committee Advisor
Approved By: Kathryn Stannard
Divisional Manager, Democratic Services
|
Attachment 1
|
2018 Policy and Regulatory Committee Work Programme
|
2018 POLICY & REGULATORY
COMMITTEE WORK PROGRAMME
|
Description
|
Author
|
Cycle 1, 2018
|
Cycle 2, 2018
|
Cycle 3, 2018
|
Cycle 4, 2018
|
Cycle 5, 2018
|
Pending
|
|
General Manager’s
Report
|
K Kelly
|
ü
|
ü
|
ü
|
ü
|
ü
|
|
|
Council’s Naming
Policy
|
W Moore
|
ü
|
|
|
|
|
|
|
Private Use of Public
Land (Encroachments)
|
W Moore
|
ü
|
|
|
|
|
|
|
Electronic-Cigarettes
and Outdoor Public Places
|
B Gall / J Pritchard
|
ü
|
|
|
|
|
|
|
Smoke-free Policy
– Report back on the following areas: the CBD, Jackson Street, Taita,
Naenae, Moera and Queen Street (Wainuiomata)
|
B Gall / J Pritchard
|
|
|
ü
|
|
|
|
|
Discount Registration
for Therapy Dogs
|
L Dalton
|
|
|
|
|
|
ü
|
|
Risk and Resilience
Costs Update
|
W Moore
|
|
|
|
|
|
ü
|
|
Activity Report:
Environmental Management (Regulatory services and Emergency Management)
|
G Stuart
|
|
|
|
|
|
ü
|
|
Activity Report:
Environmental Management (Environmental Consents)
|
G Stuart
|
|
|
|
|
|
ü
|
