HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

Extraordinary Regulatory Committee Meeting

 

 

7 August 2020

 

 

 

Pursuant to a requisition by the Chair dated 4 August 2020
an extraordinary meeting will be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,

on:

 

 

 

Monday 10 August 2020 commencing at 3.15pm

 

 

Membership

 

 

Cr D Hislop (Chair)

Mayor C Barry

Cr J Briggs

Cr K Brown

Cr B Dyer

Cr S Edwards

Cr A Mitchell (Deputy Chair)

Cr S Rasheed

Cr N Shaw

Cr L Sutton

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 

Have your say

You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY


HuttCity_TeAwaKairangi_SCREEN_MEDRES

REGULATORY COMMITTEE
Membership:	10
Meeting Cycle:	Meets on an eight weekly basis, as required or at the requisition of the Chair
Quorum:	Half of the members
Membership RMA Hearings:	An independent Commissioner plus a minimum of either 3 or 4 elected members (including the Chair) and alternates who have current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers. 
Reports to:		Council

PURPOSE:

To consider matters relating to the regulatory and quasi-judicial responsibilities of the Council under Council’s bylaws and relevant legislation including the following:

·         Local Government Act 1974

·         Public Works Act 1981

·         Reserves Act 1977

·         Resource Management Act 1991

·         Sale and Supply of Alcohol Act 2012

Determine:

 

      Undertaking the administration of all statutory functions, powers and duties within its terms of reference, other than those specifically delegated to any other committee or subcommittee, or retained by Council.

      Consideration of matters related to the preparation and ongoing monitoring of the City of Lower Hutt District Plan, with the exception of a full review of the Plan.

      Preparation of required Changes and Variations to the City of Lower Hutt District Plan for Council approval to call for submissions.

      Recommending for Council approval any Proposed District Plan, Plan Changes and Variations recommended from the District Plan Hearings Subcommittee prior to notification.

      Make recommendations to Council on private District Plan Change requests for Council to accept, adopt or reject.

      Approve Council’s list of hearings commissioners under the Resource Management Act 1991, including councillors sitting as hearings commissioners and independent commissioners.


       

      Conduct statutory hearings on regulatory matters and make decisions on those hearings2, excluding those conducted under the Resource Management Act 1991, which are delegated to the Hearings Subcommittee and District Plan Hearings Subcommittee.

      Authorise the submission of appeals to the Environment Court on behalf of Council.

      Hear objections to specified traffic matters where the community board wishes to take an advocacy role.

      Make decisions under Clause 11(e) of the Tenth Schedule of the Local Government Act 1974 and the Transport (Vehicular Traffic Road Closure) Regulations 1965 in respect of temporary road closures, including making decisions on any ancillary matters including, without limitation, approval of temporary “No Stopping” restrictions under Hutt City Council Traffic Bylaw 2017. 

      Undertake hearings on road stopping under the Local Government Act 1974.

      Make recommendations to Council whether to proceed with a road stopping and the disposal of stopped road, including (where the proposal includes or involves a related acquisition, disposal or land exchange) a recommendation to Council on the acquisition, disposal or exchange.

      Consider and recommend to Council any request to the Crown that a road is stopped under section 116 of the Public Works Act 1981, and the disposal of the stopped road.

      Make any resolution required under section 319A of the Local Government Act 1974 regarding the naming of new roads and alterations to street names (other than those in the Harbour and Wainuiomata Wards, which are delegated to the community boards in those areas).

      Make decisions on applications required under the Development Contributions Policy for remissions, postponements, reconsiderations and objections.  

      Recommend to Council the list of members approved to be members of the District Licensing Committee under section 192 of the Sale and Supply of Alcohol Act 2012.

 

The Chair of the Regulatory Committee, in conjunction with the Chief Executive, is authorised to appoint a subcommittee of suitably qualified persons to conduct hearings on behalf of the Committee.

The Chair of the Regulatory Committee is authorised to appoint three people from the list prepared under the Sale and Supply of Alcohol Act 2012 to specific meetings (Chair and two members).

 

General:

      Maintain an overview of work programmes carried out by the Council’s regulatory activities.

      Approval and forwarding of submissions on matters related to the Committee’s area of responsibility.

      Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.

 

 

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


 

NOTE 1:

 

Council makes decisions to notify District Plan Changes and Variations and call for submissions, on the recommendation of the Regulatory Committee.

District Plan Hearings Subcommittee members are appointed by the Chair, in conjunction with the Chief Executive, and comprise elected members and/or independent commissioners. All District Plan Hearings Subcommittee members must be certified under the Making Good Decisions programme.

District Plan Hearings Subcommittee makes recommendations to the Regulatory Committee for recommendation to Council on proposed District Plan provisions and matters raised in submissions.

Council makes its decision on the provisions and matters raised in submissions. The Council decision may be appealed to the Environment Court.

Council gives final approval to make District Plan changes operative, in accordance with clause 17 of Schedule 1 of the Resource Management Act 1991.

 

NOTE 2:

 

The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Good Decision Making RMA training that they run (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.

 

Reasons for the importance of the training:

1.     Hearings commissioners are kept abreast of developments in the legislation.

2.     Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).

3.  The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.

 

    


HUTT CITY COUNCIL

 

EXTRAORDINARY Regulatory Committee

 

Extraordinary meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Monday 10 August 2020 commencing at 3.15pm.

 

ORDER PAPER

 

Public Business

 

1.       APOLOGIES 

          Cr D Hislop

2.       PUBLIC COMMENT

Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.       

3.       CONFLICT OF INTEREST DECLARATIONS

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have         

4.       Proposed New Private Street Name: Subdivision of 160-172 Cambridge Terrace, Fairfield (20/781)

Report No. RC2020/5/160 by the Traffic Engineer                                              6

Chair’s Recommendation:

That the Committee:

(i)            approves the name for the new private road in the new Subdivision of 160-172 Cambridge Terrace, Fairfield, attached as Appendix 1 to the report, as Harakeke Grove; and

(ii)          approves the appropriate road type (as permitted by the New Zealand Standard AS/NZS 4819:2011) as shown attached as Appendix 3 to the report.

       

5.       QUESTIONS

With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.   

 

Kathryn Stannard

HEAD OF DEMOCRATIC SERVICES               


                                                                                       6                                                        10 August 2020

Extraordinary Regulatory Committee Meeting

27 July 2020

 

 

 

File: (20/781)

 

 

 

 

Report no: RC2020/5/160

 

Proposed New Private Street Name: Subdivision of 160-172 Cambridge Terrace, Fairfield

 

Purpose of Report

1.    To seek approval for an appropriate street name for the new private road in the new subdivision of 160-172 Cambridge Terrace, Fairfield.

Recommendations

That the Committee:

(i)    approves a name for the new private road in the new Subdivision of 160-172 Cambridge Terrace, Fairfield, attached as Appendix 1 to the report, as suggested below:

a)   “Harakeke” suggested road type “Grove”; or

b)   an alternate name from the Reserved Street Name list, attached as Appendix 2 to the report; or

c)   an appropriate name tabled during the meeting; and

(ii)   approves an appropriate back up road if the name selected is tabled during the meeting; and

(iii)  approves the appropriate road type (as permitted by the New Zealand Standard AS/NZS 4819:2011) as shown attached as Appendix 3 to the report.

These recommendations are made so the development may proceed to completion as a variety of utility connections and other administrative bodies require formalised street addresses in order for the necessary connections to be provided.

 

Background

2.    Stage 1.1 of the subdivision of 160-172 Cambridge Terrace, Fairfield by Kāinga Ora will create one new private road with 14 new dwellings, six gaining access off Cambridge Terrace and eight gaining access off the new private road, as shown in Appendix 1 attached to this report.

3.    The responsibility for naming new private roads within Lower Hutt lies with the Community Boards or, in this case, with the Regulatory Committee for areas of the city not represented by Community Boards.

4.    The subdivision cannot proceed to completion without approved street names and legalised street addresses.

Discussion

5.    The developer has requested that the Committee consider the following name;

a)   Harakeke” – Name of a native plant Harakeke (flax) that is predominantly present in the Eastern Hills.

6.    This name was selected in consultation with Kura Moeahu on behalf of Te Āti Awa and the wider Taranaki Whānui.

7.    Additional background information on the suggested name is attached to this report as Appendix 4.

8.    These names have been checked with Land Information New Zealand and received the following comments (shown in italics).

a)   “Harakeke Grove” - Acceptable to use

9.    In the event that the name selected by the Committee is one tabled during the meeting, then an appropriate back up road name should also be selected to prevent delays to the development. This back up name should be selected from the approved names on the attached Reserved Street Name List, as these have already been approved by LINZ.

10.  The Reserved Street Names List includes a number of approved (native plant) names that have been reserved for use by Kāinga Ora, including:

a.   Kōtukutuku;

b.   Kānuka;

c.   Kawakawa; and

d.   Puawānanga.

Options

11.  The suggested name ‘Harakeke Grove’ for the private road meets the requirements of the New Zealand Standard, is approved by Land Information New Zealand, and can be considered for adoption.

12.  Alternatively, the Committee could select a name from;

a)   the Reserved Street Names List attached as Appendix 2, which contains names reserved for Kāinga Ora upon their request; or

b)   other names tabled during the meeting.

13.  Other names tabled during the meeting can be considered for use as above but are subject to the requirements of the New Zealand Standard and must have a backup name, in case it is not suitable.

14.  An appropriate road type must be selected (as permitted by the New Zealand Standard AS/NZS 4819:2011) attached as Appendix 3 to the report.

15.  Officers recommend the adoption of ‘Harakeke Grove’ as this name has been selected by the developer in consultation with Kura Moeahu, and has been approved for use by LINZ.

Climate Change Impact and Considerations

16.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

17.  The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.     

Consultation

18.  The developer has consulted with Kura Moeahu on behalf of Te Āti Awa and the wider Taranaki Whānui.

19.  Officers have consulted with Council’s Principal Māori Advisor, who has confirmed the suitability and spelling of the preferred street name.

Legal Considerations

20.  The Committee has the delegated responsibility to name the private road.

21.  It is important that new streets are named early in the development stage as a variety of utility connections and other administrative bodies require individual street addresses, in order for the necessary connections to be provided.

Financial Considerations

22.  There are no financial considerations. The developer is responsible for the necessary street name signs. This will be undertaken by Council’s contractor with the cost paid by the developer.

 

 

 

 

 

Appendices

No.

Title

Page

1

Appendix 1 Subdivision of 160-172 Cambridge Tce, Fairfield - Street Naming Plan

10

2

Appendix 2 Reserved Street Name List

11

3

Appendix 3 Permitted Road Types from LINZ

13

4

Appendix 4 Background and Context submitted by Kainga Ora

15

     

 

 

 

 

 

Author: Threesa Malki

Traffic Engineer

 

 

 

 

 

 

Approved By: Damon Simmons

Traffic Asset Manager

 

 

 

 

Approved By: Kara Puketapu-Dentice

Director, Economy & Development

 

 

 

 


Attachment 1

Appendix 1 Subdivision of 160-172 Cambridge Tce, Fairfield - Street Naming Plan

 


Attachment 2

Appendix 2 Reserved Street Name List

 

 

Name

Suburb

Background

Additional info

Te Umumamaku

Waiwhetu

Name of an old cultivation clearing within close vicinity of Waiwhetu. LINZ OK 27-4-18

DOC/18/64421

Robinson

Hutt City

Joseph Robinson (1814 –1879) was originally from Kent. He and his brother James came to New Zealand at the beginning of the 1830s. They are supposed to have arrived in Te Whanganui a Tara or Port Nicholson sometime in 1831, via Sydney. Some have even dated it earlier at 1822-1823. Joseph established himself as a boat builder close to the mouth of the Hutt River, not far away from Hokoikoi Pa on the western side of the river. LINZ OK 5-3-20

DOC/11/18810

Grieg

Wainuiomata

In memory of Thomas Grieg Henry. Shifted to their home in Norfolk St in 1962 back when Wainuiomata was called Nappy Valley. Chairman of Pencarrow Home and School Assn., involved in projects with Riddiford Lions Club, Meals on Wheels etc.  Received civic award for his volunteer work. (making contact with the family for consent would require additional research and investigation) LINZ OK 5-3-20

DOC/17/6017

Waterford

Wainuiomata

As Parkway is through a swamp, the existing Parkway reservoir is a feature, and fed by a water main through the subdivision. LINZ OK 5-3-20 CANNOT BE ROAD TYPE OF DRIVE

DOC/16/88412

Additional name from the parkway Rise

Pedersen

Wainuiomata

Former owner of section 5, Parkway. Further investigation required. LINZ OK 5-3-20

 

DOC/16/88412

Additional name from the parkway Rise

Pūkeko

Wainuiomata

That as a result of the construction around this rural part of Wainuiomata the Pūkekos are being displaced & this name would honour them.

DOC/19/3333

Harry Martin

Wainuiomata

In memory of the only mayor of Wainuiomata albeit for a short period of only one year. He served on the county council for 11 years. He was an unwavering community supporter for many years. LINZ OK 28-1-20 NOTE: THERE IS MARTIN GROVE, NORMANDALE (APPROX. 7KMS)

DOC/20/1235

Toroa

Wainuiomata

(Albatross) – Kaitiaki (guardians) Tuakana (elders of all the other bird species) of Wainuiomata who will always be its Taonga (Treasure). LINZ OK 3-2-20

DOC/20/1235

Ibbotson

Wainuiomata

After Reverend Charles Ibbotson who was the original owner of Section 5 of Belmont Survey District approximately where 80 Parkway is located today. (Historical figure (circa 1800’s) therefore making contact with the family would require additional research and investigation)  LINZ OK 31-1-20

DOC/20/1235

Te Ngaengae

Naenae

Te Ngaengae is the original name of the Naenae area which used be a swamp. Our school moteatea talks of the historical landmarks pertaining to Te Ngaengae, which was gifted to our school kapa haka group in 2018, by one of our local elders Kura Moeahu.  LINZ OK 3-7-19

DIV/19/2760

Renata

Naenae

In memory of Tuahine Renata, a Maori teacher who for many years spent her career at Naenae Primary School and dedicated her life to the revival of te reo me ona tikanga in the community through the Maori immersion class Kohanga Te Rā.  LINZ OK 3-7-19

DIV/19/2760

Te Hopua

Naenae

Te Hopua in english means the pool. Our immersion class Kohanga Te Rā can be likened to a Maori language pool for students wanting to be immersed in te reo me ona tikanga. We see Kohanga Te Ra as the central learning hub of our Maori community of Naenae. LINZ OK 3-7-19

DIV/19/2760

Te Mako

Naenae

This was the name of a Pa in Naenae. LINZ OK 3-7-19

DIV/19/2760

Hemi Topine Te Mamaku

Belmont

The chief who led the attack on Boulcott Farm in 1846. He constructed a ridgetop pā site on the Pareraho trail in what is now Speedy's Reserve (between Hill Road and Kelson). He adopted the name Hemi Topine (James Stovin) later after conversion to Christianity.LINZ OK 7-6-19

DOC/19/75663

Te Mamaku

Boulcott

Background as above. He was known as Te Mamaku at the time of the attack. LINZ OK 8-5-20

DOC/20/36382

Ngāti Hāua-te-rangi

Belmont

The iwi of chief Te Mamaku and the warriors LINZ OK 27-5-19

DOC/19/75663

Rakaiwhakairi

Ngāti Kahukura-awhi

Belmont

Early hapū of Ngāti Ira who were some of the earliest to live in this part of Heretaunga (the Hutt Valley)  LINZ OK 22-5-19

See http://www.wcl.govt.nz/maori/wellington/ngawaahipipitea.html

See para 5 of Appendix 2 of this report: http://iportal.huttcity.govt.nz/Record/ReadOnly?Tab=3&Uri=4004447

DOC/19/75663

Caverhill

Belmont

"Caverhill owned block 9, one of the original blocks carved up by the NZ Company. Block 9 covers most of Hill Rd and the Pa site and a lot of Speedy's reserve. He was in the volunteers back in the 1800's like a lot who settled these hills. So I'd like to nominate him too. Caverhill Way maybe?" LINZ OK 5-3-20

DOC/19/75663

Roy Hewson

Petone

In memory of Roy Hewson who served a fifteen-year stint as the Principal of Petone Central School, elected to Petone Borough Council and established the Petone Junior Borough Council. In addition to these, his tenure at the Council, including as Deputy Mayor of Petone, he was also involved in founding the Jackson Street Programme and the Walk of Champions.  LINZ OK 18-2-20

DOC/20/15661

Ed Perry

 

In recognition of Edmund (Ed) Coombes Perry who served

Hutt City Council for 25 years. He became Deputy Town Clerk in 1957 and Town Clerk in 1962 until his retirement in 1977.

(Reserved for UPL developments) LINZ OK 2-4-20

DOC/20/29675

Van Baarle

 

After Willem van Baarle who migrated to New Zealand in the 1950’s. van Baarle is Dutch and represents a significant group of immigrants who settled in Lower Hutt and it is a reminder of the influence and origins of the immigrants who are part of Lower Hutt’s history. (Reserved for Public Roads) LINZ OK 6-6-19

DOC/19/101630

Kākā

 

bird names   LINZ OK 18-2-20

 

Chaffinch

 

bird names  LINZ OK 18-2-20

 

Rosella

 

bird names   LINZ OK 18-2-20

 

Tulip

 

Plant name  LINZ OK 18-2-20

 

Kōtukutuku

Fairfield

Native plants particularly relating to the Eastern Hills (Reserved for Kāinga Ora) LINZ OK 26-6-20

DOC/20/68717

Kānuka

Kawakawa

Puawānanga

 

 

Although there is an emphasis on the names proposed by the developer (as long as they meet LINZ requirements) the final decision is up to the Committee on the final name.

Names with an important contribution to the City and Events are favourable.

 


Attachment 3

Appendix 3 Permitted Road Types from LINZ

 


 


Attachment 4

Appendix 4 Background and Context submitted by Kainga Ora