Agenda of Policy and Regulatory Committee

8 29 April 2019

Policy and Regulatory Committee

28 March 2019

File: (19/402)

Report no: PRC2019/2/61

Proposed Alcohol Fees Bylaw

Purpose of Report

1. This report proposes that the Committee recommends that Council consults using the special consultative procedure on the proposed Alcohol Fees Bylaw.

Recommendations

That the Committee recommends that Council:

(i) notes a ‘pre-consultation’ process has been undertaken concerning the proposed Alcohol Fees Bylaw and a hearing of nine submissions was undertaken on 8 February 2019;

(ii) notes that the Hearings Subcommittee has recommended that the Committee recommends to Council that the proposed bylaw should proceed to Council;

(iii) agrees to consult on the Summary of Information, Statement of Proposal and Proposed Alcohol Fees Bylaw (a draft of which is set out respectively in Appendix 1, Appendix 2 and Appendix 3 of this report subject to legal confirmation and any changes requested by the Committee) in accordance with the requirements of the Local Government Act 2002 by means of a special consultative procedure; and

(iv) agrees to establish a subcommittee to hear submissions on whether an Alcohol Fees Bylaw is needed and then make recommendations to Council.

For the reason that as a consequence of the Sale and Supply of Alcohol (Fees) Regulations 2013, The Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013 and the Local Government Act 2002 there is a requirement to undertake the special consultative procedure when proposing a new Bylaw.

Background

2. Since November 2013 Council has had the ability to amend the fees charged for alcohol licensing related functions under the Sale and Supply of Alcohol Act 2012. For the past three years the cost recovery for licensing functions has only achieved 42% - 52% with the balance being met by rates.

3. The Sale and Supply of Alcohol Act 2012 and associated regulations provide the expectation that alcohol licensing should be ‘user pays’. The proposal is to cover 90% of the costs incurred by the Council to administer alcohol licensing. The remainder of costs will be subsidised via rates which is consistent with Council’s other charges for services.

4. Council can set fees above those set by the regulations, where necessary, to recover total costs. Any such fees must be set through a bylaw.

5. There are some unique aspects to this type of bylaw. The first is Council must undertake a pre-consultation process. So Council has to consult ‘before making a bylaw’ before ‘recommending’ a bylaw is made and then before actually ‘making’ a bylaw prescribing fees.

6. A proposal was sent to all existing alcohol licence holders, including anyone who was issued a special licence over the past year, outlining what Council was proposing to do and inviting them to lodge their submissions by 14 December. Council received nine submissions. Hearing of these submissions was undertaken on 4 March. Attached as Appendix 4 is the minutes of the Hearing, which contains the recommendations of the Hearings Subcommittee. The Committee now needs to consider the report back from the Hearings Subcommittee and recommend if the proposed bylaw should proceed to Council or not.

Discussion

7. The Hearings Subcommittee asked officers several questions or requested certain actions be undertaken, as noted in the minutes attached. Below is each question or action requested, along with the response from officers.

RESOLVED: (Deputy Mayor Bassett/Cr Barratt)

“That the Subcommittee:

(a) Notes all the submissions received in the pre-consultation phase of a proposed Alcohol Fees Bylaw;

(b) Directs officers to report on the actual time taken to process applications, with a view to such information being shared with the industry for better understanding; Please refer to Appendix 5 attached to this report, which shows the workflows and associated estimated time taken for each type of application. This will be sent to Hospitality NZ and posted on the Hutt City Council website.

(c) Directs officers to investigate efficiencies of operation, including ways to differentiate between different applications and the differing amounts of officer time spent on each application; Potential efficiencies have been investigated. Electronic processing could result in an annual saving of approximately $12,966, however the cost of implementation is approximately $56,000, so any benefits resulting from this would not come to fruition until several years’ time. Therefore, it was decided not to factor this in to the balance sheet at this point in time, but could be reviewed at a later date.

(d) Directs officers to obtain statistical information regarding numbers of infringements from liquor licence operations (both within Lower Hutt and nationally) to enable comparisons to be made;

Qualification: The Ministry of Justice has provided a report that shows statistics of negative holdings for various types of licensed premises. A negative holding is where a specific offence has occurred on licensed premises, resulting in a suspension or cancellation of the license. While it can be an indicator of the performance of various types of premises, the statistics may be skewed. This is because monitoring and enforcement of premises may not be balanced ( more monitoring or controlled purchase operations occurring at one type of premises than another). There may also simply be a greater number of one type of premises than another, increasing the chances of a negative holding occurring. In Lower Hutt there are 17 licensed grocery stores and 9 licensed supermarkets, and these are all checked annually for compliance.

Answer: The question that was specifically asked by the subcommittee was in relation to grocery stores and supermarkets. The data provided by the Ministry indicates that locally, over the past 4 years, grocery stores have received 3 negative holdings. During this same period, supermarkets received 1. Nationally, over the past 4 years, grocery stores received 54 negative holdings, while supermarkets received 34. So both locally and nationally, grocery stores have received more negative holdings than supermarkets over the past 4 years.

(e) Directs officers to investigate whether any proposed fees increase could be introduced over a suitable time period; The proposed bylaw fees have been calculated over a two year period.

(f) Directs officers to prepare a proposed Alcohol Fees Bylaw with the above accompanying information to allow council to make a fully informed decision at the 26 March 2019 Council meeting if possible. Summary of Proposal, Statement of Proposal and Proposed Bylaw attached to this report as requested. Refer to Appendix 1, Appendix 2 and Appendix 3 attached to this report.

It was noted that if the time constraint of the 26 March council meeting precludes a full investigation from taking place, the above can be diverted to the following council meeting.”

Options

8. Having established that there is a perceived problem that requires Council to establish an Alcohol Fees Bylaw, it is proposed that Council establish the proposed new Bylaw using the special consultative procedure.

Consultation

9. This report is the consequence of the special consultative procedure required to establish the proposed new Bylaw.

Legal Considerations

10. This report is the consequence of the Sale and Supply of Alcohol (Fees) Regulations 2013, and the Local Government Act 2002 requirement to undertake the special consultative procedure when proposing a new Bylaw.

Financial Considerations

11. For the past three years the cost recovery for licensing functions has only achieved 42% - 52% with the balance being met by rates. The proposal is to cover 90% of the costs incurred by the Council to administer alcohol licensing. The remainder of costs will be subsidised via rates which is consistent with Council’s other charges for services.

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 is cost – effective because it is proposed to cover 90% of the costs incurred by Council when administering alcohol licensing.

Appendices

No.	Title	Page
1 ⇩	Summary of Proposal.	12
2 ⇩	Statement of Proposal - Alcohol Fees Bylaw	13
3 ⇩	Proposed Hutt City Council Alcohol Fees Bylaw	19
4 ⇩	Minutes of Alcohol Fees Bylaw Hearing	24
5 ⇩	Manager's Certificate Application Process.	28

Author: Graham Sewell

Principal Policy Advisor

Author: Olivia Miller

Policy Advisor

Reviewed By: Dean Bentley

Team Leader Environmental Health

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Helen Oram

Acting General Manager City Transformation

Attachment 2

Statement of Proposal - Alcohol Fees Bylaw

STATEMENT OF PROPOSAL TO MAKE THE HUTT CITY COUNCIL ALCOHOL FEES BYLAW 2019

April 2019

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.. 4

2.4 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 5

3. The Proposed Bylaw.. 5

3.1 Explanation of the proposed Bylaw content 5

4. Process for the development of the proposed bylaw.. 5

1. Introduction

The Council proposes to make a Hutt City Council Alcohol Fees 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 an Alcohol Fees Bylaw.

2. Background

Since November 2013 Council has had the ability to amend the fees charged for alcohol licensing related functions under the Sale and Supply of Alcohol Act 2012, and the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013.

For the past 3 years the cost recovery for licensing functions has only achieved 42% - 52% with the balance being met by rates. The Sale and Supply of Alcohol Act 2012 and associated regulations provide the expectation that alcohol licensing should be ‘user pays’. The proposal is to cover 90% of the costs incurred by the Council to administer alcohol licensing. The remainder of costs will be subsidised via rates which is consistent with the Council’s other charges for services.

The Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem. If so, 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.

Under section 145 of the LGA, 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.

Hutt City Council proposes to establish a new funding system for licenced premises for the sale and supply of alcohol. The aim is to ensure that the costs associated with the licensing of on-licences, off-licences, club licences and special licences is funded from the revenue Council receives from licensing fees to align with the way Council charges fees for other areas of its business. The proposed new funding system would be enacted through an ‘Alcohol Fees Bylaw.’

One of Council's regulatory prescribed roles is to undertake licensing and monitoring functions in relation to the sale of alcohol. The Sale and Supply of Alcohol Act 2012 (the Act) came into force in December 2012. Since November 2013 Council's fees have been prescribed and charged in accordance with the Sale and Supply of Alcohol (Fees) Regulations 2013 (the Regulations). Council can set fees above those set by the Regulations, where necessary, to recover total costs pursuant to the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013. Any such fees must be set through a bylaw.

2.1 The perceived problem

Council has incurred additional costs to meet legislative requirements in relation to alcohol related activities. This includes the new requirements to establish and maintain the District Licensing Committee and paying members of the committee to determine applications as per the Council’s fee schedule. The Act also prescribes expanded monitoring and reporting requirements of Licensing Inspectors, adding to staff resourcing costs. While most applications are straightforward and proceed unopposed, those that are opposed are required to be determined by way of public hearings before a full committee and to date such hearings have ranged from half a day to two days of sitting time. The new regulations have increased Council's cost recovery related income but this has to be balanced against the additional workload required.

For the past 3 years the cost recovery for licensing functions has only achieved 42% - 52% with the balance being met by rates. This is inconsistent with the expectations of the regulation that the costs of licences of selling and supplying alcohol should be met on a ‘user pays’ basis and results in ratepayers effectively subsiding the sale and consumption of alcohol.

2.2 Most appropriate way to address perceived problem

Legal requirements when setting fees: Any bylaw must be consistent with the Sale and Supply of Alcohol Act and any regulations or orders. The Regulations provide the framework within which Councils are enabled to charge fees for their costs relating to licensing and other matters under the Act. This includes:

§ application fees (which cover the cost of the licence application and grant)

§ annual fees (which cover the cost of monitoring) for on licences, off licences, and club licences

§ fee categories for on, off and club licences. The fees category for any premises is determined by reference to its cost/risk rating, which is arrived at on the basis of 3 factors: type of premises (e.g. class of restaurant, class of club, hotel or grocery store), latest alcohol sales times, and number of recent enforcement actions. There are 5 categories for premises: very low, low, medium, high and very high

§ for special licences, the Regulations prescribe a range of licence fees that reflect the number and size of the event(s) to be held in the relevant premises

§ Manager’s certificates.

The Regulations further provide in regulation 7 that fees set through a bylaw must be set in the context of that framework. The proposed fee structure mirrors this framework and shows a uniform increase in all fee classes.

The Council considers that the proposed bylaw is the most appropriate way to address the perceived problem.

The table shows that the average income ($220,941) does not cover the average total expenditure ($464,277) for the 2015/18 financial years.

The Council therefore proposes to increase the fees by the same percentage amount across all categories (excluding manager's certificates) to preserve the relativity of the fee structure of the Regulations and to ensure consistency as required by the Act. The proposal is to cover 90% of the costs incurred by the Council to administer alcohol licensing. The remainder of costs will be subsidised via rates which is consistent with the Council’s other charges for services.

2.3 Most appropriate form of bylaw

The proposed bylaw addresses the perceived problem by establishing a new funding system for the sale and supply of alcohol to ensure that the cost of this licencing is recovered in a way that is consistent with both the expectations of the regulation and consistent with Council’s charges for other services.

The proposed bylaw is therefore the most appropriate form of bylaw.

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 proposed Bylaw gives rise to implications under the New Zealand Bill of Rights Act 1990. It is the Council’s view that no provision in the proposed Bylaw is inconsistent with the Bill of Rights Act 1990.

3. The Proposed Bylaw

This section outlines the outcome of the proposed Bylaw and provides and explanation of the proposed Bylaw.

3.1 Explanation of the proposed Bylaw content

Hutt City Council proposes to establish a new funding system for licenced premises for the sale and supply of alcohol. The following outlines the rationale for the inclusion of each of the clauses in the proposed bylaw.

Proposed clause 1- Title

The purpose of this clause is to give the title by which this bylaw will be known.

Proposed clause 2- Commencement

The purpose of this clause is to outline that the enforcement of this bylaw will come into force at a date to be confirmed by Council.

Proposed clause 3- Application

The purpose of this proposed clause is to outline the geographical area in which this bylaw will be applied to.

Proposed clause 4- Purpose

The purpose of this clause is to ensure the purpose of this bylaw is clear.

Proposed clause 5- Interpretation

This clause is proposed so the meaning of the terms used in the bylaw is clear.

Proposed clause 6- Fees payable

The purpose of this clause is to outline the proposed new fee structure – refer to attached bylaw.

Proposed clause 7- Relevant legislation

The purpose of this clause is to outline the relevant legislation that authorises Council to establish this bylaw.

4. Process for the development of the proposed bylaw

The special consultative procedure will end at 5:00pm on Friday June 28 2019. 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.

Attachment 3

Proposed Hutt City Council Alcohol Fees Bylaw

Pursuant to the Sale and Supply of Alcohol Act 2012 and the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013, Hutt City Council prescribes in this bylaw the following fees and charges.

Contents

1. Title. 3

2. Commencement 3

3. Application. 3

4. Purpose. 3

6. Fees Payable. 4

7. Relevant Legislation. 5

1. Title

1.1 This bylaw is the Alcohol Fees Bylaw 2019.

2. Commencement

2.1 This bylaw will come into force on (TBC).

3. Application

3.1 This bylaw applies to the Lower Hutt District.

part 1

Preliminary provisions

4. Purpose

4.1 The purpose of this bylaw is to prescribe fees for all matters for which fees payable to territorial authorities are prescribed in the Sale and Supply of Alcohol (Fees) Regulations 2013.

5. Interpretation

5.1 In this bylaw, unless the context otherwise requires, -

Application fee has the meaning given by the Sale and Supply of Alcohol (Fees) Regulations 2013.

Council means the Hutt City Council

Regulations means the Sale and Supply of Alcohol (Fees) Regulations 2013

Licence has the meaning given by the Sale and Supply of Alcohol Act 2012

5.2 The Interpretations Act 1999 applies to this Bylaw.

PART 2

FEES

6. Fees Payable

The table below sets out the fees payable to Council for annual fees, applications, licences and authorities, as functions of Council which are carried out under the Sale and Supply of Alcohol Act 2012.

TABLE 1: FEES PAYABLE (Incl GST)

	Fees to apply Year 1 (Date to be confirmed)		Fees to apply Year 2 (Date to be confirmed)
Risk category	Application fee	Annual fee	Application fee	Annual fee
Very low	534.00	230.50	700.00	300.00
Low	879.75	570.50	1,150.00	750.00
Medium	1,183.25	916.25	1,550.00	1,200.00
High	1,461.75	1,467.50	1,900.00	1,900.00
Very high	1,703.75	2,068.75	2,200.00	2,700.00
Special Licences	Standard fee - 20 working days	Fast track fee - 10 working days	Standard fee - 20 working days	Fast track fee - 10 working days
Class1	787.50	2,000.00	1,000.00	2,000.00
Class2	303.50	800.00	400.00	800.00
Class3	91.63	240.00	120.00	240.00

Managers certificate	316.25		316.25

Other
Temporary Authority	433.35		570.00

7. Relevant Legislation

Sale and Supply of Alcohol Act 2012	The purpose of this Act is to provide a legal framework for the sale, supply and consumption of alcohol and the associated systems of control and licensing.	www.legislation.govt.nz
Sale and Supply of Alcohol (Fees) Regulations 2013	Provides regulations for the fees that can be charged and how fees are established for alcohol licensing related functions of Local Authorities.	www.legislation.govt.nz
Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013	Every territorial authority is authorised to prescribe, by bylaw, fees for any matter for which a fee payable to territorial authorities can be prescribed by regulations made under the Sale and Supply of Alcohol Act 2012.	www.legislation.govt.nz

Attachment 4

Minutes of Alcohol Fees Bylaw Hearing

HUTT CITY COUNCIL

ALCOHOL Hearings Subcommittee

Minutes of a hearing held in the Council Chambers, 2nd Floor, 30 Laings Road
Lower Hutt on

Friday 8 February 2019 commencing at 9.30am

PRESENT: Deputy Mayor D Bassett (Chair)

Cr L Sutton

Cr G Barratt

APOLOGIES: There were no apologies.

IN ATTENDANCE: Mr D Bentley Team Leader Environmental Health

Ms L Bailey Budgeting, Reporting and Systems Accountant

Ms H Oram, Divisional Manager Environmental Consents

Mr G Sewell, Principal Policy Advisor

Ms H Clegg, Minute Taker

PUBLIC BUSINESS

1. APOLOGIES

There were no apologies.

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

Proposed Alcohol Fees Bylaw (19/87)

Report No. HSC2019/1/11 by the Principal Policy Advisor

The Principal Policy Advisor elaborated on the report.

He explained it was a new process introduced by the Sale and Supply of Alcohol Act 2012 and Regulations (the Act) which enabled local authorities to enact bylaws to create new fees and charges in order to extend what was already provided for in the regulations. He outlined the pre-consultation phase, where Council was required to contact those in the alcohol industry advising them of a proposal and seeking feedback. The proposal and any feedback was required to be heard by Council or a delegated subcommittee. The recommendations were reported to Council for Council to consider and decide whether the special consultation procedure should proceed. The Principal Policy Advisor further explained this second, full consultative process was open to the public and Council would make the final decision on the matter.

The Principal Policy Advisor advised nine submissions in opposition had been received including one late submission.

In response to a question from a member, the Team Leader Environmental Health confirmed that cost recovery for Council’s Environmental Health Division currently sat at 52%, with the proposal aiming to raise this to the current Council cost recovery model of 60%. He further confirmed that in order for this to be achieved, a 90% increase in alcohol licensing fees was required.

Resolved: (Deputy Mayor Bassett/Cr Sutton) Minute No. AHS 19101

“That the Subcommittee:

(a) receives and notes the report; and

(b) accepts the late submission from Mr Mark Atkin.”

HEARING OF SUBMISSIONS

Mr Matt McLaughlin, President of Hospitality New Zealand (NZ), Wellington Branch, spoke in support of the written submission from Hospitality New Zealand (NZ) Wellington Branch. He explained he was an operator within the industry but did not currently have an operation in the Hutt Valley. He further explained the concerns of Lower Hutt alcohol business operators with regard to the proposed fee increases. He highlighted the negative impact on all businesses, especially small businesses, which could then affect employment and then lead to increased prices and lower patronage. He also highlighted it could also lead to drinking in uncontrolled areas if operators were forced to close. He believed the reasons for the proposed increases were incorrect.

Mr McLaughlin agreed with the cost recovery concept, but argued that in the majority of cases obtaining a liquor licence was not an involved or lengthy process. He believed most applications involved around five hours of applicant’s time and up to two hours of officer’s time before a licence was issued. He explained he had investigated the expenditure ledger of Council’s Environmental Health Division and did not agree that passing $44,000 of technology costs onto licensees was appropriate. Mr McLaughlin asked that a full and robust investigation and audit into all alternatives for cost recovery be explored. He added this should include a tiered approach to the fees structure and clarification of the true costs of issuing a liquor licence.

Mr Nick Hill, Regional Manager of Hospitality New Zealand (NZ) Wellington Branch advised that he supported the submission from Hospitality New Zealand (NZ), Wellington Branch.

In response to a question from a member, Mr McLaughlin explained the hospitality industry was facing many challenges. This included minimum wage increases and Wellington drawing patronage from the Hutt Valley. He highlighted that no submissions in support of the proposal had been received.

In response to questions from members, the Team Leader Environmental Health explained the proposal anticipated compliance with Council’s 60/40 cost recovery model. He advised that currently the rates paid by commercial premises were allocated in a similar way to residential properties. He confirmed officers were endeavouring to improve efficiency. He noted the proposal had so far only been made available to operators and submitted this accounted for the lack of submissions from the public. He explained the large amount of work undertaken by officers behind the scenes with regard to a straightforward liquor licence application. He added that every application required investigation by the Police and the Medical Officer of Health. He also advised there was a large variation in the quality of application information and estimated that each application could take at least 10 hours of the officer’s time. He noted that officers also provided a free service to assess applications.

In response to questions from a member, the Team Leader Environmental Health explained the applicants and members of the alcohol industry might not be aware of the extent of work carried out by officers for each liquor licence application. He said fees were set according to a risk scale. He also said that small grocery stores and large scale supermarkets were in the same high risk scale, which led to higher fees. He added the risk scale did not take into account individual circumstances and that sometimes officers might spend more time on low risk than high risk operations. He agreed a differentiation in fees could be explored, however such a system would need to be robust.

The Divisional Manager, Environmental Consents advised that Council was required to publish its balance sheets each year and that these consistently showed poor performance based on costs. She agreed any increase in fees could be introduced overtime.

In response to a question from a member, the Divisional Manager, Environmental Consents explained the timeline for the process had been set by officers rather than legislation. She highlighted there was no date by which local authorities were required to be cost-recovery efficient. She added it was possible to factor in future-proofing and that no fee increases could be imposed without undertaking a two phase consultation process. The Principal Policy Advisor advised the timeframe was linked to the Annual Plan and budget process.

In response to a question from a member, the Team Leader Environmental Health reconfirmed that all food outlets selling alcohol sat within the same risk scale. He noted large supermarkets had not submitted on the matter. He believed they could possibly absorb any cost increases within their operations. He acknowledged smaller operators might struggle to do so.

In response to a question from a member, the Team Leader Environmental Health explained there were similar numbers of infringements occurring in both small scale and large scale food outlets. He agreed to obtain statistical information, along with a comparison of Lower Hutt to nationwide statistics and report back to members.

Members deliberated in private.

Resolved: (Deputy Mayor Bassett/Cr Barratt) Minute No. AHS 19102

“That the Subcommittee:

(i) notes all the submissions received in the pre-consultation phase of a proposed Alcohol Fees Bylaw;

(ii) directs officers to report on the actual time taken to process applications, with a view to such information being shared with the industry for better understanding;

(iii) directs officers to investigate efficiencies of operation, including ways to differentiate between different applications and the differing amounts of officer time spent on each application;

(iv) directs officers to obtain statistical information regarding numbers of infringements from liquor licence operations (both within Lower Hutt and nationally) to enable comparisons to be made;

(v) directs officers to investigate whether any proposed fees increase could be introduced over a suitable time period; and

(vi) directs officers to prepare a proposed Alcohol Fees Bylaw with the above accompanying information to allow Council to make a fully informed decision at its meeting to be held on 26 March 2019 if possible.”

The Chair advised that if the Council meeting to be held on 26 March 2019 was too early to allow officers to undertake a full investigation then the matter could be reported to a subsequent Council meeting.

There being no further business the Chair declared the meeting closed at 10.20 am.

Deputy Mayor D Bassett

CHAIR

CONFIRMED as a true and correct record

Dated this 21^st day of May 2019

41 29 April 2019

Policy and Regulatory Committee

09 April 2019

File: (19/448)

Report no: PRC2019/2/76

Heritage Policy

Purpose of Report

1. The purpose of the report is to:

a. Report on the results of the Citizen's Panel heritage survey and the community engagement.

b. Propose an approach to the development of the Heritage Policy.

Recommendations

That the Committee recommends that Council:

(i) notes the results of the Citizen's Panel heritage survey and community engagement;

(ii) agrees to the following definition of heritage values as a starting point for consultation on a draft Heritage Policy:

Heritage value means possessing historical, archaeological, architectural, technological, aesthetic, scientific, spiritual, social, traditional or other special cultural significance, associated with human activity. (1992 Charter for the Conservation of Places of Cultural Heritage Value).

(iii) agrees to the proposed approach to the development of the Heritage Policy which is that the draft heritage policy contain the following aspects:

a. Clearly defines heritage and/or heritage values;

b. Recognition and preservation of the importance of local stories and history, Council’s role in enabling this to happen;

c. Recognition of mana whenua, their history, heritage and sites of significance. Intrinsic in this is the identification, management and conservation of significant Māori sites. All work must be completed with advice and direction from mana whenua;

d. Recognition of important historical areas, buildings and sites of historical importance and Council’s role in protecting, maintaining and publicising these;

e. Recognition of archaeological sites and and Council’s role in protecting, maintaining and publicising these;

f. Heritage collections of significance and how these are collected, stored and managed;

g. Incentives focused on conserving built heritage and sites of historical importance;

h. Residential heritage buildings of historical importance and financial incentives related to this;

i. Council’s relationship with Heritage New Zealand and other heritage specialists;

j. Public education about heritage in the city, the District Plan and the Resource Management Act; and

(iv) notes that the incoming Council will need to be advised of any financial implications of the new Heritage Policy once it is agreed and will need to consider these in 2020/2021 Annual Plan budget process.

For the reasons that are outlined in the report.

Background

2. On 26 April 2018, a workshop was held with Councillors to discuss:

a. Councillors’ views on the approach needing to be taken for protecting heritage buildings.

b. How the system for protecting heritage buildings works including Council’s current Heritage Policy, existing legislation, the current District Plan approach and previous work.

3. Council supported a whole-of-Council approach being taken beginning with a full review of Council’s current Heritage Policy. Council also

4. Officers have held internal discussions focused on understanding the full breadth of the heritage discussion to ensure that the work programme provides Council with a solid platform on which to base the Heritage Policy so that:

a. Heritage is clearly defined and a best practice policy framework for the management of cultural and built heritage in Lower Hutt is developed.

b. Public understanding of the rationale for protecting and enhancing cultural and built heritage in Lower Hutt and what is best practice in this area is increased and/or enhanced.

c. The policy can be used as the basis for future Council decisions concerning the use of all available means to protect cultural and built heritage in Lower Hutt.

Discussion

5. In summary, the key findings from the Citizen's Panel Heritage Survey were:

a. Most respondents did not consider themselves knowledgeable about Lower Hutt’s history;

b. Most respondents knew more about the European history of Lower Hutt than the Māori history of Lower Hutt;

c. There was a strong focus on who the early European settlers were and what experiences they had. There was interest in why Lower Hutt is like it is. There was also a strong interest in the history of Māori settlement in Lower Hutt;

d. Historic buildings that were most treasured were churches, historic houses (e.g. state houses, Vogel House) and schools. Christ Church in Taita and St James Church were popular with many respondents

e. The historic buildings and houses and the special character of Petone was mentioned frequently. There were concerns by some that more needs to be done to protect the special buildings in Petone from demolition;

f. Māori history was seen of significant importance with a focus on Marae, history of the early Māori settlers and Māori urupā. Respondents thought that more emphasis should be given to Māori history and stories focusing on the unique contribution that Māori have made to the settlement of Lower Hutt. There was concern that a lot of the early Māori stories are now missing. ;

g. In terms of stories about Lower Hutt generally, respondents again focused on stories of people who shaped Lower Hutt and the contribution that European settlers have made to the development of Lower Hutt.;

h. Many thought more effort should be made in promoting and producing Lower Hutt’s stories and most respondents believed the city’s stories should be physically represented in public spaces and that this could be achieved by supporting and working with local historians;

i. Respondents with an interest in or who belong to a heritage organisation were more likely to support signs and plaques for promoting Lower Hutt’s stories. They were also more likely to visit a heritage site, donate money to a heritage related cause, or volunteer at a heritage place or event;

j. Most respondents believed the city’s stories should be physically represented in public spaces. The top ideas from respondents to promote Lower Hutt's identities and stories were:

· Promote and produce more stories and information

· Create festivals/events celebrating history

· More displays, signs, boards, sculptures, plaques on history

· Use news and media outlets to promote and inform on history

· A pop-up museum/more exhibitions at existing museums

· Work with schools to provide more education and history projects

· More displays/prominence in libraries.

k. Historic buildings that were most important to the identity of Lower Hutt were historic houses and suburban shopping areas. The special character of Petone was mentioned frequently.

l. Earthquakes, lack of maintenance, demolition by owners, the lack of public education and poor Council policies and processes are seen as significant risks facing our city’s heritage (see page five of Engagement Summary Report Appendix 1).

m. Most did not believe that protecting historic buildings restricts economic growth.

n. Other groups that respondents thought were responsible for protecting and promoting the city’s heritage were:

· 84% Community groups

· 70% Central government

· 69% Property owners.

o. Earthquakes were seen as the biggest challenge facing Lower Hutt’s historic buildings followed by:

· 80% Lack of maintenance/deterioration

· 69% Demolition by property owners

· 39% Not suitable for modern uses.

p. Other risk factors identified were:

· Council policy and processes

· Lack of interest, priority and engagement

· Lack of resources, time and funding

· History disappearing before being recorded

· Lack of recognition, promotion and awareness.

6. The full Citizen's Panel report is available on Hutt City Council’s web site Heritage Policy Review page.^{^[2]}

Engagement results

7. Council engaged Cuttriss Consultants Ltd to support Council with community consultation and engagement services for the policy review. Public engagement occurred between Monday 7th January and Monday 11th February 2019. It included a series of six Open Days held at public libraries in Eastbourne, Petone, Wainuiomata, Naenae and Taita and the Dowse Art Museum. Engagement displays and feedback Forms with drop boxes were distributed at the Open Day locations for the public to respond.

8. Information on the Heritage Policy Review, including details for the Open Days and contact with Council, was hosted on Council’s website and promoted through social media channels, local newspapers and direct emails. Meetings were also held with community organisations, heritage and community experts, interested individuals, Council officers and elected officials.

9. During the engagement, participants were encouraged to provide feedback on how the city could manage its cultural and built heritage resources, discuss issues and views concerning heritage that are important to them, consider the range of views held by other members of the public, and consider policy outcomes to inform the draft Heritage Policy.

10. Overall, 41 community organisations and experts were contacted during the process and approximately 130 individuals attended the six Open Days hosted throughout the city.

Key themes of the engagement

11. The key themes from the engagement largely mirrored the key findings in the survey. These were:

a. The importance of knowledge about the city’s history and stories support for the telling of these in civic spaces. For example, plaques, murals and public art installations, sign posts and information boards

b. The need for local historic stories to be told and managed by local individuals and community groups

c. Treaty of Waitangi should be included as a primary provision, recognition of Māori heritage and cultural sites, Māori concepts of kaitiakitanga, ahi ka, turangawaewae, increased presence of Māori culture/literature in libraries

d. The need to improve Council’s relationship with Heritage New Zealand (HNZ), the city’s museums and archives

e. The need for a public education programme to precede or coincide

f. Lack of public confidence in Council to adequately manage heritage for both private owners and heritage supporters so process needs to be right

g. Archaeological sites should be fully researched and recognised city wide

h. The importance of protecting the city’s heritage buildings which are of clear historic value; need for places and buildings of historic importance; there should be an assessment of each identified building independent of Council; properties of high historic value should be protected

i. Access and awareness of the city’s archives and other collected historical and heritage material, and objects needs to be improved as well as the relevancy and engagement aspects of content in the city’s museums

12. Private property rights were a focus for some people and they saw as essential that some form of compensation was available for property owners. Their view was that Council should avoid restricting private property rights. They were concerned that the protection of private property for mostly residential properties in the District Plan would lower land values and thought that council should focus on public spaces and assets rather than private properties. The majority of heritage buildings in the city are privately owned.

13. In terms of Council’s role, feedback was that Council should be funder, facilitator, protector and manager of the heritage values of the city, ensure transparent decision making,, have specialist assistance available in the form of a heritage or cultural engagement officer, offer public education and set the standard for heritage in their own developments. The use of new technology to record and convey heritage values was recommended.

14. Some feedback varied by location, for example in Eastbourne concerns were expressed about the impact on private property in terms of land values although their view was also that Jackson St and Petone should be protected and maintained. There were no views on how this might be achieved. Feedback from the Eastbourne meeting also emphasised the “beachside” amenity of the area, its independent civic past and the importance of local historic stories being told and managed by local individuals and community groups with Council’s role being to facilitate this through funding, expert resources and administration support.

15. Wainuiomata - feedback from those at the engagement meeting was that Wainuiomata is different to that of Lower Hutt. There was a view that heritage is based in its people, environment and social connections – not historic buildings or places. Many said they saw the story of Lower Hutt being based around Petone and the Hutt River (Te Awakairangi). They were supportive of the local marae and natural areas being recognised and celebrated as important to Wanuiomata’s story.

16. Petone – feedback from those at the engagement meeting emphasised heritage buildings and the strong desire to protect the areas that extend beyond Jackson Street into the residential area. Having staff that were trained and aware of heritage values was seen as crucial to ensuring that resource consent processes took heritage values into account. There was a strong desire among some residents to protect heritage sites and buildings at all costs.

17. Naenae - feedback from those at the engagement meeting emphasised the strong connection with Hilary Court and surrounding area including the Naenae Hotel, the library and the road layout. People wanted greater promotion of local identities and stories in Hilary Court and local public spaces. People were proud to be from Naenae and saw value in recognising its Modernist vision.

18. Stokes Valley – feedback from those at the engagement meeting was that they considered historic residential buildings as very important partly because there are very few commercial or community buildings so there is a desire that residential buildings are given greater heritage value, historic homes recognised and documented and sites of local importance recognised separately from historic sites and historic public spaces e.g. Speldhurst park;

19. The Central Ward – feedback from those at the engagement meeting emphasised the importance of street design and area amenity being included in the discussion to capture those areas without distinct historic buildings but an overall heritage character.

20. Western Hills – feedback was that the Western Hills have a history and story also, for example, Maungaraki is the largest subdivision completed by a Council in NZ, walking tracks, social history around settlement

21. Generally, the recognition that historic areas such as Jackson Street and the wider suburb of Petone should be protected and maintained was mentioned at most engagement meetings. Also mentioned consistently were early settler cemeteries and urupa, civic parks and other areas of significance in the city which should be recognised, sign posted and have their stories told.

22. Working with building owners was a key piece of feedback. Participants saw a difference between residential building owners who should have more flexibility and Council support to maintain a sense of character without regulating to require specific actions from them. On the other hand, commercial building owners were seen as having an onus on them to retain an area’s streetscape and be more actively regulated.

23. Overall, the great majority of participants in the open days and respondents to the survey valued the stories, history and heritage of Lower Hutt with specific areas seen as being particularly important such as Petone and Naenae. Generally commercial building owners were seen as having greater responsibility for retaining heritage buildings however in some areas, such as Stokes Valley, there are few commercial heritage buildings and more historic residential buildings and a desire that these be given greater heritage value; also that historic homes be recognised and documented along with sites of local importance and historic public spaces.

Iwi Engagement

24. Early in the Heritage Policy Review process the Divisional Manager, Strategy and Planning engaged with mana whenua/iwi to get advice on the best approach to engaging with iwi. The advice was that mana whenua engagement should be carried out by mana whenua with Council support. This is the same approach that is currently being taken with the development of Council’s Te Reo Policy.

25. As a result of that early engagement it was agreed that iwi engagement would be led by Kura Moeahu (supported by the Divisional Manager, Strategy and Planning and other iwi members) with advice on other cultural matters related to historic and archaeological sites provided by Morrie Love.

26. Regrettably no progress has been made with mana whenua engagement because it has proved difficult to find a suitable time and place for this to happen due to existing commitments of both Mr Moeahu and Mr Love.

27. Officers and iwi are committed to engagement with each other and will continue to work towards achieving this well in advance of Council considering its Heritage Policy.

Definition of Heritage

28. In the paper to the Policy and Regulatory Committee on 24 September 2018, officers suggested the following definition. This definition covers the breadth of cultural and built heritage to ensure that the discussion of heritage is not limited by place, time or “type” of heritage. It also acknowledges the importance of ideas and memories to our collective understanding of both our past and our future.

“Heritage is the full range of our inherited traditions, monuments, art, objects, and culture. Most important, it is the range of contemporary activities, meanings, and behaviours that we draw from that heritage. Heritage includes, but is more than preserving, excavating, displaying, or restoring a collection of old things. It is both tangible and intangible, in the sense that ideas and memories--of songs, recipes, language, dances, and many other elements of who we are and how we identify ourselves--are as important as historical buildings and archaeological sites.

Heritage is, or should be, the subject of active public reflection, debate, and discussion. What is worth saving? What can we, or should we, forget? What memories can we enjoy, regret, or learn from? Who owns "The Past" and who is entitled to speak for past generations? Active public discussion about material and intangible heritage--of individuals, groups, communities, and nations--is a valuable facet of public life.”^{^[3]}

29. On 9 October 2018, Council:

(i) agreed to the proposed preliminary definition of heritage;

(ii) approved the draft Terms of Reference for the Heritage Policy review with the following amendment:

“that Council establishes a Strategic Heritage Working Group comprising of Cr Cousins (Chair), Cr Edwards and Cr Lewis; and

(iii) asks the Strategic Heritage Working Group to look at the definition of heritage.”

30. At the same meeting, feedback from the coordinator for the Jackson Street Programme regarding the definition was that it did not include buildings, and this concerned them given the number of heritage buildings in Petone, in particular Jackson Street.

31. Feedback was also received from HNZ which was concerned that while they understood that Council was making an effort to address intangible heritage values and intangible heritage, and the role of the public, the definition as presented might suggest an environment where public opinion may trump objective, expert decisions/assessments of heritage values.

32. HNZ’s view was that as it stands the definition might be used to question the judgment of knowledgeable and experienced heritage professionals making decisions although HNZ acknowledged that public discussion should be part of the process.

33. HNZ has suggested the UNESCO definition of cultural heritage:

“Cultural heritage is the legacy of physical artefacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations.”

34. This definition could mean that all physical artefacts and intangible attributes of a group or society that remain from past generations will be maintained in the present so that whatever the cultural heritage is can be bestowed on future generations and that it will be to their benefit. Implicitly the definition accepts that maintenance will bestow a benefit/s on future generations.

RMA definition of heritage

35. The definition of historic heritage in the RMA means “those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures…” and includes:

· historic sites, structures, places, and areas;

· archaeological sites;

· sites of significance to Maori, including wāhi tapu; and

· surroundings associated with the natural and physical resources.

36. Historic heritage has three key elements: a geographical place (e.g. a structure, house, site or area), associated heritage values and heritage significance, and associated connections with a person, group or community. It includes Māori and European historic heritage.^{^[4]}

37. The Environment Court has considered the definition of historic heritage a number of times. It has found that it may include the land on which a heritage building is sited or a precinct which includes buildings, relics, trees, places and their setting.

Values-based approach to heritage planning

38. In contemporary cultural heritage planning and management attention to values and a values based approach have become essential in deciding what and how to conserve^{^[5]}.

39. Some commentators believe that values are the key issue in modern conservation theory and practice^{^[6]}. It follows that values are likely therefore to have significant influence over cultural heritage and those charged with its planning, management, future development and use^{^[7]}.

40. Heritage management has become increasingly complex as many values compete – for example, market-based solutions, different cultural interpretations of prevailing values, preservation at all costs.

Current Heritage Policy – definition of heritage values

41. Council’s current Heritage Policy has the following definition of heritage values:

Heritage value means possessing historical, archaeological, architectural,

technological, aesthetic, scientific, spiritual, social, traditional or other special cultural significance, associated with human activity (1992 Charter for the Conservation of Places of Cultural Heritage Value). Heritage values for Lower Hutt also include natural heritage.

Defining heritage and/or heritage values

42. Council’s current Heritage Policy has the following definition of heritage values:

Heritage value means possessing historical, archaeological, architectural, technological, aesthetic, scientific, spiritual, social, traditional or other special cultural significance, associated with human activity. Heritage values for Hutt City also includes natural heritage.^{^[8]}

43. Feedback from both the survey and engagement supports a values-based approach and to that end, officers recommend that the current definition of heritage values is used as a starting point.

44. Using heritage values instead of heritage reflects feedback from both the survey and engagement meetings where emphasis was placed on values and the contemporary values-based approach to heritage planning and management.

Draft Heritage Policy

45. Officers recommend that the draft heritage policy contain the following aspects:

a. Clearly defines heritage and/or heritage values;

b. Recognition and preservation of the importance of local stories and history, Council’s role in enabling this to happen;

d. Recognition of important historical areas, buildings and sites of historical importance and Council’s role in protecting, maintaining and publicising these;

e. Recognition of archaeological sites and and Council’s role in protecting, maintaining and publicising these;

f. Heritage collections of significance and how these are collected, stored and managed;

g. Incentives focused on conserving built heritage and sites of historical importance;

h. Residential heritage buildings of historical importance and financial incentives related to this;

i. Council’s relationship with Heritage New Zealand and other heritage specialists;

j. Public education about heritage in the city (where it is what it is), the District Plan (how it works, the rules applying to heritage buildings and sites) and the Resource Management Act 1991/Building Act 2004 (how the RMA works, what it means for owners of heritage buildings, sites and archaeological sites).

Consultation

46. See above for information on survey and engagement results.

Legal Considerations

47. Local authorities participate in heritage management in various ways. These include preparation of district plans and policy statements under the Resource Management Act, statutory processes, partnerships, strategic direction, and public interest roles. They also manage historic heritage in areas for which they are responsible.

48. Councils have responsibilities under various pieces of legislation for heritage management and protection, notably the Resource Management Act 1991, Heritage New Zealand Act 2014, Building Act 2004 and Local Government Act 2002, the latter being the duty to engage with iwi and develop community plans that reflect community-based aspirations and objectives.

Functions under the Resource Management Act 1991^{^[9]}

49. Local authorities have the statutory responsibility to recognise and provide for the protection of historic heritage from inappropriate subdivision, use and development within the context of sustainable management. Responsibilities for managing adverse effects on heritage arise as part of policy and plan preparation, and the resource consent processes.

50. Local authorities are also heritage protection authorities in relation to any heritage orders they administer. Local authorities have a duty to gather information and monitor the state of the environment in the region or district (section 35 of the RMA).

51. As owners of heritage places (eg buildings, parks, reserves, infrastructure, and archaeological sites), local authorities must meet relevant statutory requirements and comply with plan rules for land they own and administer. Local authorities can set a good example for heritage management in the district or region (and to the wider community) by ensuring that their own assets have been researched and evaluated for their heritage values, and are managed in accordance with conservation principles.

52. Local authorities have a responsibility under the RMA to take into account the principles of the Treaty of Waitangi. Forming partnerships with Maori and providing training for staff in protocol and language can begin to address this. Local authorities should develop policies that address how the objectives and policies stated in iwi management plans will be integrated with Council’s planning practices.

Functions under the Building Act 2004^{^[10]}

53. The Building Act 2004 regulates all buildings and structures to safeguard the health, safety, and amenity of people, facilitate efficient energy use, and to protect property from damage. The key regulatory tool is the Building Regulations 1992 which contain the mandatory New Zealand Building Code.

54. In administering its functions under the Building Act, the territorial authority can adopt a flexible approach with heritage buildings. The Act states that the territorial authority shall have due regard to any special historical or cultural value of a building.

55. The Building Act links with the Heritage New Zealand Act through Project Information Memoranda (PIMs) and building consent processes. These links provide an ‘early warning system’ to enable Heritage New Zealand to fulfil its statutory function to advocate the protection of historical and cultural heritage in the public interest.

56. It is the role of the territorial authority (not Heritage New Zealand) to grant or refuse an application for a building consent based largely on compliance with the building code. The Building Act also contains provisions relating to managing dangerous or insanitary buildings. These provisions may require owners of heritage building to strengthen their building or remove any danger.

Financial Considerations

57. Council currently funds the Heritage Incentives Fund $52k each year. This fund is there to assist building owners with their efforts to retain heritage buildings and to restore heritage buildings. Council’s Resource and Building Consent teams actively work with building owners to assist them to understand the legal requirements and District Plan rules relating to their buildings. The Urban Design Manager also works with building owners when required. The Council has recently approved $150k for an exhibition project in Jackson Street Petone as part of Petone 2040.

Other Considerations

Heritage Buildings List to align with NZ Heritage List – Plan Change 52

58. Plan Change 52 aligns the heritage buildings list in the District Plan with the New Zealand (NZ) Heritage List managed by Heritage NZ Pouhere Taonga. The plan change adds three buildings not currently in the District Plan but included or nominated for inclusion on the NZ Heritage List. The plan change tidies up the District Plan listings by moving a NZ Heritage Listed structure to be in the same list as other NZ Heritage listed buildings and removing a building that was lost to fire and has been removed from the NZ Heritage List.

59. Further changes to the District Plan will be required as a result of the development and implementation of the Heritage Policy.

60. 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 starts the process needed for Council to develop a Heritage Policy which will in turn assist Council to meet its statutory obligations and address community aspirations vis a vis cultural heritage in the city. It does this in a way that is cost-effective because it will provide a robust platform on which future decisions concerning heritage in Lower Hutt can be made.

No.	Title	Page
1 ⇩	Heritage Engagement Report	42
2 ⇩	Heritage Survey 2018 results	195

Author: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Helen Oram

Acting General Manager City Transformation

Attachment 1

Heritage Engagement Report

243 29 April 2019

Policy and Regulatory Committee

04 April 2019

File: (19/433)

Report no: PRC2019/2/1

Activity Report: Emergency Management

Purpose of Report

1. The purpose of this report is to outline the results of a review of Emergency Management -Activity 13.

Recommendation

That the Committee:

(i) notes the information contained in the report;

(ii) notes that this review also meets the intent of section 17A of the Local Government Act 2002; and

(iii) notes that reasonably practicable options for the governance, funding and delivery of this Activity are being considered by officers and will be reported to Council in due course.

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. The Emergency Management team works to the four R’s of emergency management; reduction, readiness, response and recovery, by utilising the Coordinated Incident Management System in concert with the other emergency services and associated agencies.

4. The local capability is to manage the effective response to emergencies and continue to develop, implement and monitor city wide emergency management plans, input to all regional plans and strategies, and promote community preparedness for emergencies.

5. The Hutt City Team comprises:

· 0.5 FTE Emergency Management Manager

· 65 Emergency Management Office staff to run the operation during activation (3 shifts/24 hrs)

· 28 Reconnaissance Staff (council asset)

· 40 Emergency Assistant Centre Staff (developing)

· 28 Response Team (NZRT18) volunteers

From 1 July 2012 emergency management staff the Wellington Regional Emergency Management Office (WREMO) and resources have been pooled together with the expectation of improved effectiveness from increased scale and coordination, as well as efficiencies from the centralised provision of services, such as training and public education.

This team:

• leads the preparation and review of the Wellington Region Civil Defence and Emergency Management (CDEM) Group Plan and associated plans

• educates people about the risks they face and how to prepare for emergency events

• maintains the Wellington Region CDEM Group’s Emergency Co-ordination Centre so they can be quickly activated to manage an emergency event, and

• works with central government, emergency services, welfare groups, lifeline utilities and a wide range of interested and affected organisations on emergency management issues.

6. Local emergency management is supported by WREMO which provide training, advice and resource in the Emergency Management Office (EMO). At the local level, there is a community resilience team that co-ordinates the reduction, readiness, and response in the community with programmes such as Community Response Plans, Community Hub guides, Business continuity planning and the “Your Earthquake Planning Guide” (delivered to every residential property in Hutt City this year).

7. Hutt City Council is joined with all the city and district councils in the region to form a CDEM Group under the CDEM Act of 2002.

Reason for the review

8. This review is required because ten years have passed since this activity was last reviewed.

9. A formal review of WREMO will be undertaken next year, ten years after adopting a regional service and will not form part of this report.

Rationale for service provision

10. The Civil Defence Emergency Management Act 2002 requires that a local authority must plan and provide for civil defence emergency management within its district, as well as being able to function to the fullest possible extent, even though this may be at a reduced level, during and after an emergency. Every local authority must be a member of a CDEM Group that has functions relating to relevant hazards and risks, and a range of activities.

11. The Hutt Valley has a range of hazards impacting on its community. The Wellington Earthquake Fault passes through the District, additionally there is a history of flooding, tsunami, storm events, landslips, storage and transportation of hazardous chemicals.

12. Community outcomes this activity supports are “A safe community” and “Actively engaged in community environment”. It does this through the systematic development of plans and standard operating procedures in the event of emergencies, as well as leading community participation around developing plans and strategies to make them more resilient. For example, Community response plans, Business Continuity plans.

Present arrangements for governance, funding and service delivery

13. Civil Defence is administered by National Crisis Management Centre (NCMC) and funded by government.

14. Regional Civil Defence is administered by Wellington Regional Emergency Management Office (WREMO). This is funded 50% by the Grater Wellington Regional Council (GWRC) and the remainder by the nine councils in the region by proportion of population (10% Lower Hutt).

15. Council’s response is managed by the Emergency Manager which is a 0.5FTE and budget allocation is funded via the general rate.

Current and future risks likely to have a significant impact on this activity

Strengths

Weaknesses

· EOC is IL4 likely to be useable after a 8.0 earthquake

· Good training pathway being developed with National qualification

· Excellent working relationships between councils across the Wellington region, and the GWRC

· Collectively developing professional resources for all councils to use. For example, tsunami maps, hazard information, recovery framework

· Councils GIS capability

· Non-structural elements of the building needing upgrading eg ceiling tiles, television screens secured, etc

· Turnover of staff and retention of qualified staff

· Not all staff turning up to training

· Clash of BAU and emergency management roles

Opportunities

Threats

· On-going co-operation with councils across the Wellington region

· Use of technology to reduce risk to staff e.g drones for reconnaissance

· Improving the capability of staff

· Support that the fly-in team can provide

· Improving the capability of NZRT18 - our first responders

· One or more of CDEM pulling out of alliance

· Cost of doing all the development of Best Practice

· Impact of EQ would decrease number of staff available to manage the EOC

Current performance against KPIs compared to historical.

MEASURE	ACHIEVED 2014-15	ACHIEVED 2015-16	ACHIEVED 2016-17	ACHIEVED 2017-18	SOURCE OF INFORMATION
Percentage of households that are prepared for a civil defence emergency ≥ 75% of those expressing an opinion	82%	81%	22%1, 1	27%1, 1	Key Research
Time to activate Emergency Operations Centres (EOC) EOC activated within one hour of any incident or notification of a likely threat	Achieved	Achieved	Achieved	Achieved	Management reports
Community Response Plans are developed, maintained, and agreed³ Covering 100% of the geographical area	40%	75%	75%	85%	Management reports

1.1 Moving from the National measure of 3 days of personal water and food to 7 days of supply. The likelihood of being isolated following an earthquake has prompted a new regional measure.

The following table sets out issues of which officers are aware and which Council will need to work on over the next few years:

	Issue	Undertaken and/or proposed action
Training	Formal training of staff from foundation level to local controller is a significant commitment. Foundation on –line 2hr Intermediate 20 hours block course Specialist desk managers 20 hours block course Controllers 12 months on-line and 1 week residential	Recommend; all staff do the foundation online EOC staff – once a month two hours or block course plus practical scenarios X3 (total 28 hours)
NZRT 18	Currently funded $15,200/year They are our first responders. For example, search and rescue, light rescue, swift water rescue, recognisance, high rope rescue, welfare responders. Council moved them out of the Pavilion and housed them in containers at Percy reserve. Costs for water, new buildings, PPE gear	Business Plan to work a budget.
Local Earthquake Response Plan Recovery Planning	Regionally consistent planning but keeping our uniqueness	Working within the framework
Shared services across the region	Staff live outside Hutt Valley, therefore in the event of an earthquake their ability to get to the EOC will be impossible for some days/weeks/months	Participate in regional shared resources. Staffing and training at your closest EOC.

Total operating and capital cost of the service over the last 3 years and next year’s budget

Account Category	16/17 Actual	17/18 Actual	18/19 Actual	18/19 Budget	19/20 Draft Budget
Cost Centre: 7201 - Emergency Management & Rural Fire
Revenue
Rates Income	-	-	-	-	-
User Charges	(339)	(43)	-	-	-
Operating Subsidies & Grants	-	-	-	-	-
Capital Subsidies	-	-	-	-	-
UHCC Operating Subsidy	-	-	-	-	-
Development Contributions	-	-	-	-	-
Interest Earned	-	-	-	-	-
Vested Assets	-	-	-	-	-
Other Revenue	(10,000)	-	-	(10,000)	(10,200)
Total Revenue	(10,339)	(43)	-	(10,000)	(10,200)
Expenditure
Employee Costs	2,370	152,142	16,497	-	-
Operating Costs	568,830	618,829	513,024	719,321	644,338
Support Costs	168,000	136,664	117,927	117,927	122,080
Interest	5,996	4,752	531	796	7,088
Depreciation	17,914	3,083	2,042	3,262	1,088
Total Expenditure	763,110	915,470	650,021	841,306	774,594
Net Surplus/(Deficit)	(752,771)	(915,427)	(650,021)	(831,306)	(764,394)
Capital
Replacements	-	-	-	-	267,380
Improvements	-	1,250	16,768	-	-
Total Capital	-	1,250	16,768	-	267,380

Adjustments that could be made to user charges and service levels to increase or decrease these by 5%

16. An increase of 5% would deliver a sustainable model at a local level. The current Emergency Management Manager would like to see some in-house development of controllers and 1 FTE for desk functions. These roles and capabilities need to be held by HCC current staff.

17. A decrease of 5% would mean a significant decrease in an already lean service, as HCC only has 0.5 FTE committed to the function. This would lead to a decrease in the local readiness for an emergency.

Comparison of any significant fees or charges against peers

18. There are no comparable significant fees or charges against peers.

Current highlights or issues of significance to Council

19. The Recovery Manager position requires an appointment from the SLT.

20. The number of staff attending training remains at 50-70%, due to clashes with business as usual and leave commitments.

21. The effort and quality of training has improved significantly in this year with the introduction of the ITF curriculum framework.

22. Funding for generators for Emergency Assistance Centres in the 2019/2020 budget has been requested – the cost for five generators is approximately $250,000.

Reasonably practical options for the governance, funding and delivery of this activity

23. The joint CEOs determine the governance, funding and delivery of this activity.

24. A review of the efficiency and effectiveness of WREMO is to be undertaken in 2020 and Council has a chance to input into this review.

Appendices

There are no appendices for this report.

Author: Geoff Stuart

Divisional Manager, Regulatory Services and Emergency Management

Approved By: Helen Oram

Acting General Manager City Transformation

251 29 April 2019

Policy and Regulatory Committee

02 April 2019

File: (19/413)

Report no: PRC2019/2/63

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.

Recommendation

That the Committee notes the contents of this report.

Background

2. This report covers the activities of three divisions in the City Transformation Group. It firstly covers Environmental Consents, secondly Regulatory Services and thirdly Sustainability and Resilience.

3. Environmental Consent data is attached as Appendix 1 to the report, and Regulatory Services data is attached as Appendix 2 to the report. The Sustainability and Resilience officers have provided an update to the Committee on the Whaitua process.

4. The Environmental Consents division processes 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 licences and District Licensing reports), as well as LIMs and property enquiries under the Local Government Official Information and Meetings Act.

5. Environmental Health services are provided for Upper Hutt City Council as well as Lower Hutt. The Environmental Consents team offers an Eco Design Advisor service across the city.

6. Regulatory Services deals with trade waste applications, bylaws, animal services, parking and emergency management.

Discussion – Environmental Consents

7. The numbers of applications across the board are higher compared to the same time last year. In particular, resource consents workloads remain high as we are dealing with the backlog of consents that were submitted before the Development Remissions programme closed at the end of 2018.

8. Helen Oram has been seconded to the position of General Manager of City Transformation for a period of six months; this is to fill the position previously held by Kim Kelly. This has resulted in other six month secondments: Derek Kerite has been seconded to Acting Divisional Manager of Environmental Consents and Claire Stevens to Building and Quality Assurance Manager.

9. Mike Humphrey has recently been appointed to the Consents Lead position in the Building Team (under Craig Ewart, Building Team Leader). The core responsibilities of the role are to manage the Building Officers who are processing and approving building consents.

Building Team

10. The total value of work for building consents issued up to the end of March is $275M from 1080 consents, compared to the previous year when the value of work received was $205M from 1085 building consents. This equates to a 34% increase in the value of work and five fewer consents for the same period last fiscal year.

11. Recent building consent applications received of note include:

· Callaghan Innovation – Stage 2 of MSL building involving full internal fitout of the building envelope. The value of work = $5M.

· Queensgate - construction of a new carpark. Value of building work = $34M

· Queensgate - seismic enhancement works value of building work $5.7M

· 190 High Street – building will have the 2nd level converted to 12 separate brothel rooms. The value of building work = $650k

Earthquake prone buildings

12. We have been in discussions with Laura Sessions, Science and Technology Manager to trial ten seismic sensors that will be located within various buildings throughout Lower Hutt. The data from the sensors will allow building owners to have instant access to information about the effects that movements and ground accelerations will have on their buildings. The information will be invaluable when dealing with post-earthquake response and planning recovery.

13. The Building Act amendment to formalise post-emergency procedures has passed select committee and up for the second reading in Parliament. The changes come on the back of the learnings from the Christchurch and Kaikoura earthquakes and will clarify specific roles within Councils. It also allows us to develop a framework to better deal with the response and recovery stages of an emergency.

Eco Design Advisory Service (EDA)

14. We had some good coverage of our EDA service through a recently published story in the NZ Herald. It highlighted the free EDA home visit and advice service we provide and our focus on creating warmer, drier and healthier homes. The article also covers the launch of our Home Energy Audit Toolkits (HEAT) toolkits

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12218146

15. The new HEAT will be available for people to book out through our local libraries in a couple of months, allowing residents to measure the temperatures and humidity levels in their homes, as well as energy usage.

16. We are continuing to assist Upper Hutt City Council by undertaking any EDA visits as requested within their region.

17. The Eco Design Advisor service will have a presence at the Te Wa Heke festival (previously the Hutt STEMM Festival) – the theme will be thermography –we are planning to use our thermal camera to show where the heat from heaters actually goes.

Resource Consents Team

18. We are still working through the large number of multi-unit consents that were lodged with us in December. They have all been allocated for processing with the majority being handled by external consultants, and are being worked through.

19. In 2019 we have been averaging 30 resource consents per month which is status quo.

20. Notable resource consents lodged:

· Beltway Cycleway Consent: application lodged by Council to construct cycleway alongside rail corridor

· Stage 3 Wainuiomata Cleanfill: application lodged by HCC to operate and extend an existing cleanfill on Coast Road

· 37a Bloomfield Terrace – Re-build of Queensgate Cinema and carpark

· 30 Waione Street, Petone – Proposed Gull Petrol Station

Recently granted resource consents

· 177 High Street, Hutt Central – proposed building by Wellington Company featuring 32 apartments

· 209 Jackson Street, Petone – additions to an existing building, to establish four apartments

· 94 Cambridge Terrace, Waterloo – new childcare centre in a residential area

· 134 Naenae Road, Naenae – 37 new units for Housing New Zealand across from Resene Factory.

· Stage 1C Moohan Street – comprehensive residential re-development (34 dwellings) of ex Wainuiomata College site by the Port Nicholson Trust and the Wellington Company

Land Information Memoranda (LIMs) Team

21. February was a very busy month for LIMs we received 122 LIM applications which exceeds the numbers submitted in the last four Februarys. We achieved our Annual Plan targets.

22. March is usually our busiest month. We received 120 LIM applications. This month we issued 100% of fast track LIMs in five days and 100% of other LIMs in 10 working days.

23. We are planning on implementing a new system for customers to apply for, and for officers to process, LIMs to make it easier for all. We are planning to go live with this in June.

Environmental Health Team

Recruitment

24. There still remains one vacant position for the fixed term Environmental Health Officer/Environmental Technical Officer (12 month contract). Recent advertising attracted eight applicants, of which one was interviewed. Unfortunately they were not deemed suitable for the position and it would seem that there is a distinct shortage of suitably experienced people available.

Alcohol

25. Ava Foodmarket, Cuba Street Alicetown (renewal of grocery store off-licence) – the license was initially granted by the Lower Hutt District Licensing Committee (DLC) after a public hearing in April 2018. The licensee appealed the decision to the Alcohol Licensing and Regulatory Authority, although he did not seem to have any valid matters of appeal. The licensee then withdrew the appeal after his situation was made clear to him by Judge Kelly.

Bylaws

26. On 8 February 2019 Council’s Hearings Subcommittee heard submissions for the proposed alcohol fees bylaw. Only one submitter (Hospitality New Zealand) spoke to the subcommittee, opposing the proposed fee increase. The committee sought further information from officers including drafting a bylaw for consideration at the committee meeting to be held on 29 April, at which time the Committee will recommend to Council whether or not to develop the proposed bylaw. If Council agrees, then public consultation via the special consultative procedure will be undertaken.

27. The pre-consultation process has commenced for the proposed Appearance Industry bylaw. This matter has been high profile with various media interest and coverage. Initial feedback for a bylaw has thus far been positive for this currently unregulated industry.

Food

28. An assessor from the Ministry of Primary Industries visited Council on 25 and 26 October to carry out a review of Council’s regulatory services in relation to food safety verification, compliance and registration. The overall feedback was good, although no formal report has been provided to Council.

29. The Team’s Quality Management System has now been approved and our staff undertaking food safety verifications were individually assessed.

30. There are currently six food premises operating without registration. A further 19 operators have outstanding fees owing and are being followed up by officers.

Noise

31. Requests have been sent to three interested security companies to place tenders for the Noise Control/Smoke Nuisance Contract.

32. Tender submissions close on 26 April 2019.

Enforcement matters from Regulatory Services

Animal Services

33. Animal Services have just concluded the Doggone trial in Stokes Valley.

34. Doggone is an innovative new technology designed to help reunite lost dogs with their owners.

35. A customer survey was sent out on 5 February 2019 and results of the post-trial survey were very positive about the value Doggone provides to dog owners.

§ 99% of those surveyed said Doggone is beneficial to the wider community

§ 98% of those surveyed downloaded the app, with 96% creating a virtual ID

§ 93% of those surveyed said that there was a need for a service like Doggone

§ 84% of those surveyed said that Doggone should be included in annual dog registration.

36. The dog tag will be offered to dog owners at registration time at a cost of $25+gst which includes the tag and app. For those not wanting the product there is an opt-out option. If you want to know more check out the Doggone website.

37. The spike in the 2018/19 infringement graph is for dogs that have not been microchipped. It has been compulsory to microchip dogs since 2016.

Emergency Management

38. Linda Goss-Wallace has left the council as a full time employee but has offered to continue her support in the welfare area, and has attended the training since leaving as the Welfare Manager. It is invaluable to council that we are able to retain volunteer trained and competent staff if they move on. On that note Kim Kelly our Recovery Manager has also departed and we are in the process of selecting a replacement.

39. Last quarter Council was advised of the training of drone pilots. I am pleased to advise we now have four CAA approved pilots that can undertake work for Council in inspections, GIS and emergency management. This is an expanding area for Council using this type of technology and we have a further 14 staff who have done the theory training and another six to start next month from the Building Inspection and Environmental Health areas.

40. Training staff has stepped up to a very professional level in civil defence with the introduction of dedicated trainers in WREMO delivering recognised training modules. A group training calendar has been produced and given to staff. We are now looking at a pathway for staff to get that training from foundation, intermediate to desk manager specific roles to controllers. This training is being delivered region-wide so staff can train and work from their closest (home or work) Emergency Management Office.

Sustainability and Resilience Team

Strategic waste reviews

41. Morrison Low Ltd was commissioned in 2018 to lead the work on three waste reviews: hazardous waste, resource recovery, and kerbside collection. The work is being undertaken in order to test whether some of our current waste management systems are still fit for purpose, or whether there is a case for change.

42. A Council workshop to present and discuss the draft business cases is scheduled for 23 May 2019.

Implementation of HCC’s organisational carbon target

43. Council approved its organisational Zero by 2050 target in December, in line with the NZ Government’s Zero by 2050 target.

44. A key initiative in this regard involves undertaking analysis on potential performance measures for the respective Statements of Intent of our Council Controlled Organisations (CCOs), and for use internally, in order to “translate” the Zero by 2050 target into measurable intermediate outputs and outcomes.

45. Socialisation and discussion of potential measures is currently still under way with the respective CCOs and relevant Council staff.

Lower Hutt Climate and Resilience Plan

46. There is currently no plan for how Lower Hutt as a whole (not just HCC as an organisation) may reduce its emissions to zero by 2050 in line with the government’s target.

47. Scoping work for the development of a Lower Hutt Climate and Resilience Plan is under way, and officers are aiming to report back to Policy and Regulatory Committee at its meeting in July.

Community engagement on sea level rise

48. In its Long Term Plan, Council set aside $200,000 for the 2019/20 financial year to work with other councils in the region to map and identify places, communities and assets threatened by sea level rise, to develop response options and to begin engagement with Lower Hutt communities on the threat of climate change.

49. Work over the last six months has been focused on whether the community panel approach used in the Hawkes Bay (which led to their Tangio to Clifton 2120 Strategy) could be applied in the Wellington region, and to develop a clearer understanding of whether the approach is fit for purpose and cost effective.

50. In this context, officers have been working with colleagues from other TAs in our region, mainly through a sub-group of the Wellington Region Climate Change Working Group (Councillor Bridson is the Council representative on this sub-group).

51. Discussions on a preferred approach are still on-going, but officers have tentatively scheduled a report back on the options available to Council, and potential next steps, at the Policy and Regulatory Committee meeting in July.

Consultation

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

Legal Considerations

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

Financial Considerations

54. There are no financial considerations.

Other Considerations

55. 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 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 end of March 2019	252
2 ⇩	Enforcement actions from Regulatory Services as at 31 March 2019	276

Author: Geoff Stuart

Divisional Manager, Regulatory Services and Emergency Management

Author: Derek Kerite

Acting Divisional Manager, Environmental Consents

Author: Craig Ewart

Building Team Leader

Author: David Burt

Senior Advisor Sustainability and Resilience

Author: Jörn Scherzer

Manager, Sustainability and Resilience

Author: Dean Bentley

Team Leader Environmental Health

Approved By: Helen Oram

Acting General Manager City Transformation

280 29 April 2019

Policy and Regulatory Committee

05 April 2019

File: (19/434)

Report no: PRC2019/2/62

Whaitua Te Whanganui-a-Tara process update

Purpose of Report

To update the Committee on the Whaitua te Whanganui-a-Tara process.

Recommendations

That the Committee notes the update on the Whaitua te Whanganui-a-Tara process.

For the reason: Hutt City Council has a representative (Cr Lewis) on the Whaitua Te Whanganui-a-Tara Committee that is leading this process.

Background

1. The Whaitua te Whanganui-a-Tara Committee (the Committee) is a group of local people from Hutt Valley and Wellington responsible for developing a programme to improve the quality of our streams, rivers and harbour.

2. Established in November 2018, the Committee includes mana whenua, members of the community, and councillors from the four councils in this part of the region: Upper Hutt City Council, Hutt City Council, Wellington City Council and Greater Wellington Regional Council (GWRC).

3. Overall, the process is expected to take two years.

The work of the committee

4. The focus in the meetings to date has been on relationship building, developing a shared understanding of the work that needs to be done and starting to put in place some of the necessary processes and other building blocks to achieve the committee’s objectives.

5. The second committee meeting – held on 7 March 2019 – saw a number of significant developments.

a. A decision was made that the Committee will be led by two co-chairs, one mana whenua and one from the other Committee members, noting it was also decided that the latter role would not be elected from city or regional council appointed members.

b. Kara Puketapu-Dentice was elected as the mana whenua co-chair, with the second co-chair to be elected at the 11 April meeting (see below).

c. It was recognised that one side effect of the Committee aiming to complete its work in two years is that there will be reduced capacity for extensive modelling and more reliance on expert advice than previous Whaitua processes. While this means that modelling case studies will be carried out on some (rather than all) catchments/streams, this is not thought to adversely affect the process outcomes as long as the catchments involved have similar characteristics.

d. While a key role of the Committee will be to recommend to GWRC any changes needed to the regulatory and non-regulatory policy settings around water, the Committee also emphasised the importance of a more holistic approach to the relationship that our region’s communities have with water. How this area might be further developed as part of the Committee’s work is currently being explored.

6. The third Committee meeting was held on 11 April and was hosted by Wellington Water at Petone.

a. Louise Askin was elected as the other Committee Co-Chair.

b. A key focus of the meeting was learning about Wellington Water - a key stakeholder in the regional water space - how it operates and is governed.

c. The meeting also included a very valuable field-trip to look at the Wainuiomata Water Treatment Plant, a visit that included a look at Black Creek that included Hutt City context around planned development in Wainuiomata that was provided by Cr Lewis.

The project team

7. Council’s Senior Advisor, Sustainability and Resilience is on the project team, the focus of which is to support and where appropriate, provide advice to the Committee. The team is currently meeting twice between the monthly Committee meetings, to reflect and capture learnings post-meeting and to plan and implement the necessary work to deliver the information needed by the Committee at upcoming meeting(s).

8. In planning the Committee’s work, one of the project team’s work-streams is making sure that there is an awareness of the upcoming work planned by the participating councils and key stakeholders – such as Wellington Water’s ‘Future Service Study’– in order that the Committee is in a position to provide input in a timely manner.

9. Ensuring that Hutt City Council officers are able to provide informed input into the matters to be considered by the Committee in a timely manner remains a high priority. With the project team’s focus now moving from the establishment of the Committee to the work programme, it is expected that the detail around this will become much clearer over the next few months.

Other matters

10. The majority of the four Committee members that live in the Lower Hutt area – Cr Lewis, Gabriel Tupou, Peter Matcham and Quentin Guthrie – have been meeting, informally and on a monthly basis, to discuss common issues around the Whaitua process.

11. It is intended that the monthly Committee meetings will move around the region, in keeping with the regional nature of the process and Hutt City Council will be included on the list of future meeting venues.

12. The next Committee meeting will be held on Monday 13 May, 2019.

Appendices

There are no appendices for this report.

Author: David Burt

Senior Advisor Sustainability and Resilience

Reviewed By: Jörn Scherzer

Manager, Sustainability and Resilience

Approved By: Helen Oram

Acting General Manager City Transformation

2 When acting in this capacity the committee has a quasi-judicial role.

[5] Mcclelland, A.G., et al A values-based approach to heritage planning: Raising awareness of the dark side of destruction and conservation, The Town Planning Review, England, January 2013, p 17.

[6] Jokilehto, J., A history of Architectural Conservation, Oxford, Butterworth-Heinemann 1999

[8] Charter for the Conservation of Places of Cultural Heritage Value (ICOMOS New Zealand, 1992)., Provides comprehensive definitions of the processes involved in conservation, and sets out principles to guide the conservation of places of cultural heritage value in New Zealand. It aims to provide a frame of reference as guidelines for appropriate professional practice. Although written for use in New Zealand, the basic principles are generally applicable and follow the spirit of the Venice Charter.

Deputy Mayor D Bassett	Cr L Bridson
Cr C Barry	Cr J Briggs
Cr T Lewis	Cr M Lulich
Cr C Milne	Cr L Sutton
Mayor WR Wallace

(A)	(B)	(C)

General subject of the matter to be considered.	Reason for passing this resolution in relation to each matter.	Ground under section 48(1) for the passing of this resolution.

Land Sale Tirohanga Road.	The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities (s7(2)(h)). 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)).	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.

ANIMAL SERVICES	January	February	March
Dogs impounded	39	47	To come
Infringements issued	13	129	To come
Prosecutions	0	0	To come

PARKING SERVICES	January	February	March
Infringements	2494	2790	3272
Stationary offences (WOFs, tyres)	1061	1037	1250

Description	Author	Cycle 2, 2019	Cycle 3, 2019	Cycle 4, 2019	Pending
General Manager’s Report	H Oram	ü	ü	ü
Activity Report: City Growth and Sustainability – Emergency Mgmt	G Stuart	ü
Alcohol Fees Bylaw	G Sewell	ü
Whaitua Te Whanganui-a-Tara Committee Update	D Burt	ü
Land Purchase at Tirohanga	J Lawson	ü
Heritage Policy Update	W Moore	ü
Activity Report: - City Growth and Sustainability – Consents and Regulatory Services	D Kerite / G Stuart		ü
Update on carbon performance measures	J Scherzer		ü
Feasibility of including old landfills in target to reduce greenhouse gas emissions	J Scherzer			ü
Annual update on progress towards carbon targets	J Scherzer			ü
Refuse Collection and Disposal Bylaw Update	J Scherzer			ü
Control of Animals Bylaw – bees (Cycle 2, 2020)	G Sewell				ü
Discount Registration - Therapy Dogs	L Dalton				ü
Risk and Resilience Costs Update	W Moore				ü
Control of Animals Bylaw – Council’s accountability for cats	G Sewell		ü
Naenae Library Site	B Hodgins				ü
Parking Policy Review	J Pritchard				ü