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COUNCIL
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Membership:
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13
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Meeting Cycle:
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Council
meets on a six weekly basis (Extraordinary Meetings can be called following a
resolution of Council; or on the requisition of the Chair or one third of the
total membership of Council)
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Power to (being a power that is not capable of being
delegated):
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Make a rate.
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Make bylaws.
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Borrow money other than in accordance with the Long
Term Plan (LTP).
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Purchase or dispose of assets other than in
accordance with the LTP.
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Purchase or dispose of Council land and property
other than in accordance with the LTP.
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Adopt the LTP, Annual Plan and Annual Report.
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Adopt policies required to be adopted and
consulted on under the Act in association with the LTP or developed for the
purpose of the Local Governance Statement.
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Appoint the Chief Executive.
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Exercise any powers and duties conferred or imposed
on the local authority by the Public Works Act 1981 or the Resource Management
Act 1991 that are unable to be delegated.
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Undertake all other actions which are by law not
capable of being delegated.
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The power to adopt a
Remuneration and Employment Policy.
Decide on:
Policy issues
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Adoption of all policy required by legislation.
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Adoption of policies with a city-wide or
strategic focus.
District Plan
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Promotion of Plan Changes and Variations
recommended by the District Plan Committee prior to public notification.
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The withdrawal of Plan Changes in accordance
with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.
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Approval, to make operative, of District Plan
and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource
Management Act 1991).
Representation, electoral and
governance matters
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The method of voting for the Triennial elections.
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Representation reviews.
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Council’s Code of Conduct and Local
Governance Statement.
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Elected Members Remuneration.
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The outcome of any extraordinary vacancies on
Council.
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Any other matters for which a local authority
decision is required under the Local Electoral Act 2001.
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All matters identified in these Terms of
Reference as delegated to Council Committees (or otherwise delegated by the
Council) and oversee those delegations.
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Council‘s delegations to officers and
community boards.
Delegations and employment of the
Chief Executive
The review and negotiation of the contract,
performance agreement and remuneration of the Chief Executive.
Meetings and committees
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Standing Orders for Council and its committees.
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Council’s annual meeting schedule.
Operational matters
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The establishment and disposal of any Council
Controlled Organisation or Council Controlled Trading Organisation and approval
of annual Statements of Corporate Intent on the recommendation of the Finance and
Performance Committee.
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Civil Defence Emergency Management Group matters
requiring Council’s input.
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Road closing and road stopping matters.
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All other matters for which final authority is
not delegated.
Appoint:
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The non-elected members of the Standing
Committees (including extraordinary vacancies of non-elected representatives).
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The Directors of Council Controlled
Organisations and Council Controlled Trading Organisations.
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Council’s nominee on any Trust.
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Council representatives on any outside
organisations (where applicable and time permits, recommendations for the
appointment may be sought from the appropriate standing committee and/or
outside organisations).
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The Chief Executive of Hutt City Council.
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Council’s Electoral Officer, Principal
Rural Fire Officer and any other appointments required by statute.
HUTT CITY
COUNCIL
Hearings subcommittee
Minutes of a Meeting
held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Wednesday
1 August 2018 commencing at 5.00pm
PRESENT: Cr MJ Cousins (Chair)
Cr S Edwards
(Deputy Chair)
APOLOGIES: An apology from Cr Bridson was received.
IN ATTENDANCE: Mr G Sewell, Principal Policy Advisor
Mr D Kerite,
Building and Quality Assurance Manager
Ms S Haniel, Committee Advisor
PUBLIC
BUSINESS
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1.
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APOLOGIES
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Resolved: (Cr Cousins/Cr Edwards) Minute
No. HSC 18401
“That the apology
received from Cr Bridson be accepted.”
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2.
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Conflict of
interest declarations
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There were no conflict of interest
declarations.
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3.
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Earthquake-prone Priority Buildings (18/1250)
Report
No. HSC2018/4/104 by the Principal Policy Advisor
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The
Principal
Policy Advisor elaborated on the report.
In
response to questions from members, the Building and Quality Assurance
Manager said that officers had assessed routes with regard to whether there
were unreinforced masonary buildings on those streets or not. He further said
that the Building (Earthquake-prone Buildings) Amendment Act 2016 had reset
the timeframe for identifying and remediating affected buildings. Building
owners would be able to apply for an extension of time. However, in order to
be successful, they would need to provide evidence that they were making
progress toward complying with the existing timeframes.
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recommended: (Cr Cousins/Cr Edwards) Minute
No. HSC 18402
“That
the Committee recommends that Council:
(i)
notes the system for identifying and
managing earthquake-prone buildings changed on 1 July 2017 when the Building
(Earthquake-prone Buildings) Amendment Act 2016 became effective;
(ii)
approves the Proposed Priority Routes
and Earthquake-Prone Priority Buildings proposal, as attached as Appendices
1-4 to the report; and
(iii)
asks officers to respond to the submitter using
the Summary of Submissions attached as Appendix 5 to the report, and offer to
meet with the submitter to discuss that Summary and associated matters should
he wish it.”
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There being
no further business the Chair declared the meeting closed at 5.15 pm.
Cr MJ Cousins
CHAIR
CONFIRMED as a true and correct record
Dated this 15th day of August 2018
Attachment 1
SUMMARY
OF PROPOSAL:
EARTHQUAKE-PRONE
PRIORITY BUILDINGS
Priority
routes are busy roads or footpaths where falling masonry from buildings damaged
in an earthquake would pose a high risk to life and public safety. Hutt
City Council wants to know which routes you think it should prioritise in Hutt
City. The Council intends to consult, using the special consultative
procedure, to formally identify those routes.
BACKGROUND
The
system for identifying and managing earthquake-prone buildings changed on 1
July 2017 when the Building (Earthquake-prone Buildings Amendment Act 2016
became effective.
The
new system prioritises identification and remediation of earthquake-prone
buildings that either pose a high risk to life safety, or are critical to
recovery in an emergency.
There
are two criteria for identifying which roads, footpaths and other thoroughfares
should be prioritised:
• High
number of vehicles and pedestrians using the route
• The
risk of unreinforced masonry buildings falling in an earthquake
Council
seeks your feedback on proposals for roads, footpaths and other thoroughfares
that should be prioritised. The Council also seeks your views on whether
there are any other routes that should be included.
COMMENT
To
help facilitate this consultation Council has identified potential roads,
footpaths and other thoroughfares in the Statement of proposal attached.
We
would welcome your response to the following questions:
• Do
you agree with the thoroughfares identified for prioritisation?
• If
not, which thoroughfares do you disagree with and why?
• Are
there any other thoroughfares that meet the criteria but are not listed?
Also
attached is a submission form that you may wish to use to prepare your
submission.
PROCESS
FOR DEVELOPMENT OF THE PROPOSED POLICY AND BYLAW
Council
is seeking submissions on this proposal. The full statement of proposal,
along with a submission form is attached to this summary of information.
It is also available at the Hutt City Council Building, 30 Laings Road, Lower
Hutt, Libraries and on the Council Website www.huttcity.govt.nz
Submissions
open on Tuesday 29 May 2018 and close at 4.00pm on Friday 29 June 2018.
If
you have any questions concerning this matter please contact:
Patrick
Sweetensen, Seismic Assessment Officer, patrick.sweetensen@huttcity.govt.nz
04
570 6869
OR
Chris
Hoddinott
Seismic
Assessment Officer
chris.hoddinott@huttcity.govt.nz
04
570 6804
Please
send submissions to:
Graham
Sewell
Hutt
City Council
Private
Bag 31 912
LOWER
HUTT 5040
Attachment
2
STATEMENT OF PROPOSAL:
EARTHQUAKE-PRONE PRIORITY BUILDINGS
Consultation
on which roads, footpaths or thoroughfares should be identified for
prioritisation because of the risk of an unreinforced masonry building falling
in an earthquake.
BACKGROUND
The
system for identifying and managing earthquake-prone buildings changed on 1
July 2017 when the Building (Earthquake-prone Buildings) Amendment Act 2016
became effective. The new system prioritises identification and
remediation of earthquake-prone buildings that either pose a high risk to life
safety, or are critical to recovery in an emergency. Certain hospital,
emergency and education buildings that are earthquake-prone will be
‘priority buildings’. Other earthquake-prone buildings may be
priority buildings due to their location and the potential impact of their
failure in an earthquake on people. These buildings must be identified with
community input. Priority buildings must be identified and remediated in
half the usual time, to reduce the risks to life safety more promptly.
Council
seeks your feedback on proposals for roads, footpaths and other thoroughfares
that should be included. Council also seeks your views on whether there
are any other routes that should be included.
Following
consultation Council will make a decision about which roads, footpaths and
other thoroughfares are identified.
This
consultation is undertaken in accordance with section 133AF (2) (a) of the
Building Act 2004, which requires Council to identify certain priority
buildings.
THE
PROPOSAL
Council
is proposing that the following roads, footpaths and other thoroughfares are
identified as having sufficient vehicular and pedestrian traffic to warrant
prioritization, and have the potential for part of an unreinforced masonry
building to fall onto the thoroughfare:
• Jackson
Street, Petone (That part of Jackson Street between Cuba Street and Petone
Avenue)
• Cuba
Street, Lower Hutt (That part of Cuba Street between Emmersons Street and
Montague Street)
• High
Street, Lower Hutt (That part of High Street between Daly Street and Melling Road)
• Bunny
Street, Lower Hutt
• Everest
Avenue, Naenae
• Hillary
Court, Naenae
• Rimu
Street, Eastbourne
Refer
to High Traffic Area maps below for an overview of the listed streets. The
individual streets are shown as yellow lines, and each corresponding area is
shown as a green box in an overview of the Hutt City.
Jackson
Street Area includes Jackson Street; Cuba Street Area includes Cuba Street;
Hutt Central Area includes High Street and Bunny Street; Naenae Area includes
Everest Avenue and Hillary Court; and Eastbourne Area includes Rimu Street.
Background
Information:
1.
NEW
SYSTEM FOR MANAGING EARTHQUAKE-PRONE BUILDINGS
The
Building (Earthquake-prone Buildings) Amendment Act 2016 came into force on 1
July 2017. It changes the current system for identifying and remediating
earthquake-prone buildings.
The
new system ensures the way buildings are managed for future earthquakes is
consistent across the country and provides more information for people using
buildings, such as notices on earthquake-prone buildings and a public
register. Owners of earthquake-prone buildings will be required to take
action within certain time frames depending on the seismic risk their building
is located in. Affected owners will be contacted by the Council.
More
information about the new system can be found at:
https://www.building.govt.nz/managing-buildings/managing-earthquake-prone-buildings/how-the-system-works/
2.
PRIORITY
BUILDINGS POSE A HIGH RISK TO LIFE SAFETY, OR ARE CRITICAL TO RECOVERY IN AN
EMERGENCY
The
new system prioritises identification and remediation of earthquake-prone
buildings that either pose a high risk to life safety, or critical to recovery
in an emergency. These buildings are called ‘priority
buildings’. Priority buildings must be identified and remediated in
half the time allowed for other earthquake-prone buildings, to reduce the risks
to life safety more promptly.
This
means that Council must identify potentially earthquake-prone buildings in this
district by the end of 2019, and building owners must strengthen or demolish
earthquake-prone buildings within 7.5 years from the date the earthquake-prone
building notice was issued.
Further
guidance on priority buildings is available at:
https://www.building.govt.nz/building-code-compliance/b-stability/b1-structure/priority-buildings-earthquake-prone/
3.
WHY WE ARE CONSULTING
Your
input is required to identify some priority buildings
To
determine which other buildings may be priority buildings, Council must
identify which thoroughfares have sufficient vehicular or pedestrian traffic to
warrant prioritisation, if part of an unreinforced masonry building were to
fall onto them in an earthquake.
This
consultation is in accordance with section 133AF(2)(a) of the Building Act
2004, which requires Council to use the special consultative procedure in
section 83 of the Local Government Act 2002 to identify these priority
buildings.
4. HAVE
YOUR SAY
Council
is seeking submissions on this proposal. The special consultative
procedure will end 5.00pm on Friday 29 June 2017.
Copies
of the Summary and Statement of Proposal is available at the Hutt City Council
Building, 30 Laings Road, Lower Hutt, Libraries and on the Council Website
www.huttcity.govt.nz
We
would welcome your response to the following questions:
• Do
you agree with the thoroughfares identified for prioritisation?
• If
not, which thoroughfares do you disagree with and why?
• Are
there any other thoroughfares that meet the criteria but are not listed?
Attached
is a submission form that you may wish to use to prepare your submission.
If
you choose not to use the submission form please ensure you indicate in your
submission if you wish to speak to your submission or not.
5. PROCESS
FOR IDENTIFICATION OF PRIORITY BUILDINGS
Anyone
can make a submission about the proposals described in this document.
Council encourages anyone with an interest in the issues raised in this
proposal to make a submission.
Hearings
and meetings on the proposal 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 proposal with any proposed amendments
will then be referred to the Council for consideration and adoption.
_______________________________________________________________________
Attachment 3
Section
133 AE of the Building Act 2004 - Meaning of priority building
(1)
In this subpart, priority building means any of the following that are located
in an area of medium or high seismic risk:
(a)
a hospital building that is likely to be needed in an emergency (within the
meaning of the Civil Defence Emergency Management Act 2002) to provide—
(i)
emergency medical services; or
(ii)
ancillary services that are essential for the provision of emergency medical
services:
(b)
a building that is likely to be needed in an emergency for use as an emergency
shelter or emergency centre:
(c)
a building that is used to provide emergency response services (for example,
policing, fire, ambulance, or rescue services):
(d)
a building that is regularly occupied by at least 20 people and that is used as
any of the following:
(i)
an early childhood education and care centre licensed under Part 26 of the
Education Act 1989:
(ii)
a registered school or an integrated school (within the meaning of the
Education Act 1989):
(iii)
a private training establishment registered under Part 18 of the Education Act
1989:
(iv)
a tertiary institution established under section 162 of the Education Act 1989:
(e)
any part of an unreinforced masonry building that could—
(i)
fall from the building in an earthquake (for example, a parapet, an external
wall, or a veranda); and
(ii)
fall onto any part of a public road, footpath, or other thoroughfare that a
territorial authority has identified under section 133AF(2)(a):
(f)
a building that a territorial authority has identified under section
133AF(2)(b) as having the potential to impede a transport route of strategic
importance (in terms of an emergency response) if the building were to collapse
in an earthquake.
(2)
For the purposes of subsection (1)(a) and (b), the likelihood of a building
being needed in an emergency for a particular purpose must be assessed having
regard to—
(a)
any national civil defence emergency management plan made under section 39 of
the Civil Defence Emergency Management Act 2002; and
(b)
the civil defence emergency management group plan approved under section 48 of
the Civil Defence Emergency Management Act 2002 that covers the district in
which the building is situated.
(3)
If only part of a building meets the criteria set out in subsection (1), only
that part of the building is a priority building.
(4)
Whether a building is a priority building affects—
(a)
the deadline by which a territorial authority must identify whether the
building or a part of the building is potentially earthquake prone (see section
133AG); and
(b)
the deadline for completing seismic work on the building or a part of the
building, if it is subject to an EPB notice (see section 133AM).
Section
133AE: inserted, on 1 July 2017, by section 24 of the Building
(Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
Section
133 AF of the Building Act 2004 - Role of territorial authority in identifying
certain priority buildings
(1)
This section applies to a territorial authority whose district includes any
area of medium or high seismic risk.
(2)
The territorial authority,—
(a)
for the purpose of section 133AE(1)(e) (prioritising parts of unreinforced
masonry buildings), must use the special consultative procedure in section 83
of the Local Government Act 2002 to identify any part of a public road,
footpath, or other thoroughfare in an area of medium or high seismic
risk—
(i)
onto which parts of an unreinforced masonry building could fall in an
earthquake; and
(ii)
that has sufficient vehicle or pedestrian traffic to warrant prioritising the
identification and remediation of those parts of unreinforced masonry
buildings; and
(b)
for the purpose of section 133AE(1)(f) (prioritising buildings that could
impede a strategic transport route),—
(i)
may, in its discretion, initiate the special consultative procedure in section
83 of the Local Government Act 2002 to identify buildings for that purpose; but
(ii)
must not identify buildings for that purpose other than in accordance with the
special consultative procedure.
(3)
However, a territorial authority is not required to act under subsection (2)(a)
if there is no reasonable prospect of any thoroughfare in its district
satisfying the criteria set out in subsection (2)(a)(i) and (ii).
(4)
If a territorial authority is required by subsection (2)(a) or decides under
subsection (2)(b) to use the special consultative procedure in section 83 of
the Local Government Act 2002, it must use the procedure within a time frame
that enables the territorial authority to meet the applicable time frame under
section 133AG(4) for identifying potentially earthquake-prone priority
buildings in its district.
Section
133AF: inserted, on 1 July 2017, by section 24 of the Building
(Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
Attachment
4
Priority
Buildings: A Guide to the earthquake-prone building provisions of the Building
Act
Section
5.3.1 Identifying public roads, footpaths or other thoroughfares with
sufficient pedestrian or vehicular traffic to warrant prioritisation
Attachment 5
Summary of submissions to
Earthquake Priority Buildings consultation.
We received one submission from
David Mancer of Wainuiomata. He did not wish to speak to his submission. Below
is a summary of his submission, and Council Officers comments.
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Submission
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Staff comment
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Question 1
Generally agrees with the
identification of thoroughfares.
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No comments.
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Question 2
Refer to Questions 3 & 4.
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No comments.
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Question 3
Council should consider the
“bigger picture” in adopting earthquake resilience policy:
a) Council should be
consulting with the relevant industry and technical experts to ascertain the
best approach for identifying priority routes
b) Prioritise routes/thoroughfares
that would be used by emergency services and access to hospitals, civil
defence hubs, education facilities, public shopping malls, supermarkets, and
areas set aside for emergency supplies and critical infrastructure.
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a) Ministry of Business
Innovation and Employment (MBIE) have prescribed specific criteria for
Councils to identify priority routes. Officers worked with Road and Traffic
department, GIS teams, and Emergency Management staff in implementing the
criteria.
b) There was an option to
consult on strategic routes of importance that would cover most of these
aspects. However, the criteria issued by MBIE required that there be no
alternate routes available to access these locations/areas. Council Officers
identified multiple alternate routes and therefore decided not to publically
consult on this type of route.
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