Hawera Community Board

Transcription

COUNCIL MEMBERS
Mayor Ross Dunlop (Chairperson)
Councillor ian Armstrong
Councillor Alex Ballantyne
Councillor Andy Beccard
Councillor Bonita Bigham
Councillor Kirsty Bourke
Councillor Te Aroha Hohaia
Councillor Peter Johnson
Councillor Kelly Judkins
Councillor Gordon Lawson
Councillor Mike Powell
Councillor Michael Self
Councillor ian Wards
DISTRIBUTION LIST
Mayor
Council Members
Chief Executive
Group Manager Community
Group Manager Engineering SeNices
Group Manager Environment
Group Manager Corporate SeNices
Support SeNices Manager
Communications Manager
Finance Manager
Regulatory SeNices Manager
Community Development Manager
Planning Manager
Building Control Manager
Records
PUBLIC COPIES
Patea Community Board Chairperson
lwi Liaison Committee Members
Nga Ruahine lwi Authority (1)
Hawera Administration Building
Libraries Plus (7)
Public (2)
Taranaki Newspapers
Wanganui Chronicle
Bryan Vickery
Craig Ashworth
Opunake & Coastal News
FOR MORE INFORMATION CONTACT
Shannon Cox
Support SeNices Manager
Next Meeting Date
Closing Date for Reports (Elected Members)
Phone 0800 111 323
Fax [06) 278 8757
SOUTH TARANAKI DISTRICT COUNCIL
ORDINARY MEETING
Notice is hereby given that the Ordinary Meeting of Council will be held in the Council
Chamber of the Administration Building, Albion Street, Hawera on Monday 30 September 2013
at 7.30 pm.
PLEASE NOTE THAT THE COUNCIL DINNER WILL BE HELD AT 5.30 PM
ORDER OF BUSINESS
Opening Remark:
Mayor
1.
APOLOGIES
2.
OPEN FORUM
(a)
Eltham Rugby Football and Netball Club
(i)
(b)
Eltham Soccer Club
(i)
3.
South Taranaki District Council
(i)
(ii)
Ordinary Council Meeting held on 12 August 2013- attached. See page 5.
Special Council Meeting held on 4 September 2013- attached. See page 16.
MINUTES
(a)
Committees and Community Boards
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
5.
Taumata Park Proposal
CONFIRMATION OF MINUTES
(a)
4.
Taumata Park Proposal
Eltham Community Board
Egmont Plains Community Board
Patea Community Board
Environment and Hearings
lwi Liaison Committee
Policy Development Committee
19 August 2013
19 August 2013
21 August 2013
21 August 2013
26 August 2013
28 August 2013
2 September 2013
Page 21.
Page 25.
Page 29.
Page 34.
Page 40.
Page 47.
Page 52.
APPOINTMENT
(a)
Group Manager Environmental Services
(i)
Consultant District Plan Review
THAT the Council appoints _ _ _ _ _ _ _ _ as the consultant for the
District Plan Review process.
6.
REPORTS
(a)
Property and Facilities Manager
(i)
Playground Review - Consultation - attached. See page 56.
(b)
Regulatory Services Projects Officer
(i)
7.
Deliberations Report- Bylaw Review 2013 - attached. See page 60.
ITEMS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED
Pursuant to Section 48 (1) of the Local Government Official Information and Meetings Act
1987 for the reasons stated within the reports , the public be excluded to enable discussion on:
7.1
7.2
MINUTES
(i)
Ordinary Council held on 12 August 2013- attached. See page 77.
(ii)
Environment and Hearings Committee held on 26 August 2013 - attached.
See page 79.
REPORT
(a)
Chief Executive
(i)
7.3
Consenting Process for Tawhiti Museum -attached. See page 84.
MEMO
(a)
Mayor
(i)
Chief Executive Performance Review and Employment Agreement attached. See page 91.
290
; .
Minutes of the Ordinary Meeting of the South Taranaki District Council held in the Council
Chamber on Monday 12 August 2013 commencing at 7.30 pm.
PRESENT:
Mayor R Dunlop (Chairperson), Councillors I Armstrong , A
Ballantyne, A Beccard, B Bigham, T Hohaia, P Johnson, K
Judkins, G Lawson, M Powell, M Self and I Wards.
IN ATTENDANCE:
Chief Executive (Mr Stevenson), Group Manager Corporate
Services (Mrs Wilson) , Group Manager Community Services (Ms
Greenhill), Group Manager Environmental Services (M r
McKenzie), Group Manager Engineering Services (Mr Manning),
Support Services Manager (Miss Cox), Communications Manager
(Mr Langford), three members of the public and one member of
the media.
APOLOGIES:
Councillor Kirsty Bourke
RESOLUTION
103/13
(Cr Armstrong/Cr Bigham)
THAT the apology from Councillor Bourke be received.
CARRIED
The Mayor noted that the Council's thoughts were with Councillor Kirsty
Bourke and her family following the loss of her mother.
1
OPEN FORUM
(a)
Mr Bill Hewitt
(i)
EECA, Voluntary Targeted Rates Scheme (VTRS) - Warm Up
New Zealand Heat Smart
Mr Hewitt advised that he was from the Energy Efficiency and Conservation
Authority (EECA) and thanked the Council for introducing the voluntary
targeted rates scheme. He noted that over 170 local ratepayers had benefited
from the Scheme to date.
The Mayor asked if other councils had continued providing the targeted rate
with the additional amount being required . Mr Hewitt confirmed this.
2
(a)
(i)
Special Council Meeting - held on 26 June 2013
South Taranaki District Council Ordinary 12 August 2013
5
291
RESOLUTION
104/13
6
(Cr Armstrong/Cr Lawson)
THAT the minutes of the Special Meeting of Council held on 26 June
2013 be received and confirmed as a correct record of proceedings.
CARRIED
(b)
(i)
Ordinary Council Meeting -held on 1 July 2013
RESOLUTION
(Cr Armstrong/Cr Lawson)
THAT the minutes of the Ordinary Meeting of Council held on 1 July
2013 be received and confirmed as a correct record of proceedings.
105/13
CARRIED
3
MINUTES
(a)
Committees and Community Boards
(i)
Eltham Community Board - meeting held on 8 July 2013
RESOLUTION
106/13
(Cr Lawson/Cr Ballantyne)
THAT the minutes of the Eltham Community Board held on 8 July 2013
be received.
CARRIED
(ii)
Hawera Community Board- meeting held on 8 July 2013
It was noted that Mr Manning was also present at the meeting and was to be
added to the attendance list.
RESOLUTION
107/13
(Cr Poweii/Cr Johnson)
THAT the minutes of the Hawera Community Board held on 8 July 2013
be received with the above amendment.
CARRIED
(iii)
Egmont Plains Community Board - meeting held on 10 July
2013
The Mayor asked if any further discussions had been held regarding the
Opunake walkway with Mr Jason Carradus and Ms Heather Sharpe. Mr
Manning confirmed this and noted that there was now a fence in place off
Aytoun Street and around the back of their property. The Mayor asked if this
was a legal agreement. Mr Manning assumed that this was a legal
agreement, however, would investigate this further.
292
RESOLUTION
108/13
(Cr Self/Cr Bigham)
THAT the minutes of the Egmont Plains Community Board meeting held
on 10 July 2013 be received.
CARRIED
(iv)
Pate a Community Board - meeting held on 10 July 2013
RESOLUTION
109/13
THAT the minutes of the Patea Community Board meeting held on 10
July 2013 be received and recommendation 29/13 PA regarding the
transfer of property title at 4 Richmond Street, Patea to the South
Taranaki District Museum Trust be adopted.
CARRIED
(v)
Environment and Hearings Committee -meeting held on 15 July
2013
RESOLUTION
110/13
(Cr Hohaia/Cr Wards)
(Cr Wards/Cr Powell)
THAT the minutes of the Environment and Hearings Committee meeting
held on 15 July 2013 be received.
CARRIED
(vi)
lwi Liaison Committee - meeting held on 17 July 2013
RESOLUTION
111/13
(Mayor/Cr Wards)
THAT the minutes of the lwi Liaison Committee meeting held on 17 July
2013 be received.
CARRIED
(vii)
Special Environment and Hearings Committee - meeting held
on 18 July 2013
RESOLUTION
112/13
(Cr Wards/Cr Hohaia)
THAT the minutes of the Special Environment and Hearings Committee
meeting held on 18 July 2013 be received.
CARRIED
(viii)
Policy Development Committee- meeting held on 29 July 2013
It was proposed that the recommendations contained with the Policy
Development Committee minutes be taken separately.
RESOLUTION
113/13
(Mayor/Cr Powell)
THAT the minutes of the Policy Development Committee meeting held
on 29 July 2013 be received.
CARRIED
293
B
Remuneration for Elected Members Post Elections 2013
RESOLUTION
114/13
(Cr Armstrong/Cr Powell)
THAT recommendation 26/13 PO is not adopted and is replaced with:
THAT the Council recommends to the Remuneration Authority the
following salary structure based on a total remuneration pool for the
term following the 2013 elections to 30 June 2014 of $375,200.
Position + elements (# of people)
Deputy Mayor - Base + 40%
( 1)
$27,188
$28,280
$28,280
Total from
Pool
$28,280
Chair E&H - Base + 25%
(1)
$26,388
$25,250
$25,250
$25,250
E&H Committee Member
Councillor
Councillor/CB Chair
(5)
(5)
$20,088
$15,088
$18,188
$23,634
$20,200
N/A
$118,170
$101 ,000
N/A
$118,170
$101 ,000
N/A
$16 ,088
N/A
N/A
N/A
$21 ,088
N/A
N/A
N/A
Councillor/CB Appointment
E&H Committee Member/CB
Appointment
Existing
Proposed
Subtotal
Community Board
Community Board
Hawera (1 )**
Community Board
Community Board
(3)**
Total Impact
$272,700
$272,700
Chairperson (3)**
Chairperson
$6 ,690
$10,000
$30,000
$15,000
$6 ,690
$11 ,000
$11,000
$5,500
Member (9)**
Member - Hawera
$4 ,614
$5,000
$45,000
$22,500
$4,614
$5,500
$16,500
$8,250
Subtotal
Mayor (minus private use vehicle
allowance)
Total Allowance
$375,200
$85,490
$89,540
$93,550
$468,750
$323,950
$89,540
$413,490
THAT the Council confirms the daily meeting fee of $150 for the lwi
Liaison Committee meetings.
THAT the Council confirms an hourly hearing rate of $100 for the
Environment and Hearings Committee chairperson.
THAT the Council confirms an hourly hearing rate of $80 for the
Environment and Hearings Committee members.
THAT the Council confirms the mileage rate of $.77 cents per kilometre
for the first 5,000 kilometres travelled and $.37 cents thereafter.
THAT the Council recommends the maximum private use deduction
(20%) from the Mayoral salary for use of the Mayoral car.
"(HAT the following elected members' expense reimbursement policy is
forwarded to the Remuneration Authority for approval:
294
Q
Expense item
Policy
Carparking at Council Offices
Parking freely available, no allowance made for carparking fees .
Meals while on Council
business
Actual expenses up to $30 for breakfast, $30 for lunch and $60 for
an evening meal will be reimbursed on receipt of invoices for
elected members away on Council business.
NB: No alcohol will be reimbursed.
Accommodation and air
travel
Attendance at conferences and seminars will be confirmed (where
possible) by Council resolution but in practice, it is usually by
discussion with the Mayor and/or CE.
Conference accommodation and air travel will be booked by the
Mayor/CE's Executive Assistant. Airpoints earned through official
travel will only be used for official travel and not for the private
benefit of the elected members.
Spouse/partner travel
As a general rule, spouse/partner travel will not be paid by the
Council. The exception to this rule is where the partner of the Mayor
is accompanying the Mayor on official business. This will be
assessed by the Chief Executive on a case by case basis.
Approval of expenses
All expenses will be approved by the Chief Executive with
administration undertaken by the Mayor/CE's Executive Assistant.
Communications Allowance
A Communication Allowance of $500 per councillor per annum be
paid as a contribution towards the wear and tear on privately owned
hardware, the provision of a landline and broadband connection
and towards Council business related toll calls or texts .
Mileage
Reimbursement at $.77 cents per kilometre for the first 5,000 km
travelled and 37 cents thereafter, (less the threshold of 30 km per
day) will be paid on receipt of a signed claim form .
Reimbursement for travel is entitled for the following Council
business:
Meetings of: the Council, Community Boards, Standing
Committees, Special Committees , Portfolio Groups and
Subcommittees of the Council (where appointed as a member).
When representing the Council or Board (as a formally appointed
representative) at a meeting of another local authority or external
agency.
Formal deputations to a Minister or Parliamentary Select Committee
Following discussions/approval with Mayor/CE
Training and development courses/seminars,
Conferences or Seminars,
representing the Council or Board at "official" functions
CARRIED
295
10
Communications Allowance
Councillor Ballantyne suggested that councillors could be paid individually for
the communications allowance. He felt that if they did not have the equipment
then they should not receive a set rate for communications. Mrs Wilson noted
that it could be an administration issue to have each councillor on a different
communications allowance.
The Mayor did not consider that every councillor should receive a
communications allowance and they should only receive if it they had the
technology such as the use of an ipad.
Councillor Beccard supported all councillors receiving the same amount if a
communications allowance was approved. He noted that everyone had
different costs for different things. He suggested that just because someone
had an ipad it did not mean that the other councillors did not also have costs.
He felt that a flat rate for everyone was the most fairest option.
Councillor Wards noted that Council should not just focus on ipads for the
communications allowance noting that most people had a cellphone and used
this for Council business. He felt that it was reasonable to acknowledge that
the councillors had various costs and supported a communications allowance
of $500 per councillor.
Councillor Armstrong agreed that the communications allowance should only
be provided to those councillors who had the technology. He commented that
someone was required to hand deliver documents on occasions to some
councillors which would be a cost to the Council whereas those with the
technology saved on this delivery cost. He felt that those councillors should
receive some form of communications allowance.
The Mayor did not feel that the Council should be paying a communications
allowance to those people who were not using that technology.
Councillor Bigham supported the communications allowance as she felt that it
provided the potential for some people to be able to afford to purchase an
ipad for themselves in the future.
RESOLUTION
115/13
THAT the Council approve a communications allowance of $500 per
annum for every councillor.
CARRIED
Hawera to New Plymouth Public Transport Service
RESOLUTION
116/13
(Mayor/Cr Hohaia)
THAT recommendation 27/13 PD regarding the Hawera to New Plymouth
public transport service be adopted.
CARRIED
296
11
Asset Management Plans
RESOLUTION
117/13
(Cr Beccard/Cr Ballantyne)
THAT recommendation 28/13 PO regarding the Asset Management Plans
be adopted.
CARRIED
District Licensing Committee
It was suggested that the second part of the recommendation be tweaked to
capture the intent of the Council regarding the regional list for Committee
members.
Councillor Lawson asked for some clarification as to whether there would be a
Regional and a District list. The Mayor noted that the Regional list would
include people from South Taranaki as well.
Councillor Ballantyne noted that the Council would still appoint a councillor as
the Chairperson and the Deputy Chairperson and they may also choose to
draw from the Regional list.
Mr McKenzie clarified that there was nothing to stop the Council from
changing this structure in the future.
RESOLUTION
118/13
(Cr Wards/Cr Hohaia)
THAT recommendation 29/13 PO regarding the District Licensing
Committee for South Taranaki be adopted with the following
amendment:
THAT the Council appoints one District Licensing Committee for South
Taranaki District.
THAT the Council administers a Regional list may draw Committee
members from the Regional and/or District list of District Licensing
Committee members.
THAT the Council appoints a councillor as chairperson of the District
Licensing Committee.
THAT the Council appoints a councillor as deputy chairperson of the
District Licensing Committee.
THAT the Council approves the development of a Local Alcohol Policy;
and
THAT the Local Alcohol Policy be a policy for South Taranaki District
only.
CARRIED
Review of Class 4 Gambling and Totalisator Agency Board (TAB)
Venues Policy
Councillor Ballantyne preferred the sinking lid policy, however, he felt that this
was happening naturally anyway. Consultation on th is Policy would
commence on 15 August 2013.
297
12
Councillor Wards expressed concern about the comment made by Councillor
Self that he had limited faith in the Environment and Hearings Committee and
asked why this comment had been made. Councillor Self replied that his
concerns were based around what he perceived as a lack of transparency
and how discussions were moved into public excluded. He felt that people in
the District should be able to know how decisions were made where it
affected a major part of the District such as the oil and gas industry. He
considered that public exclusion was a weakness adding that he also did not
support the way that limited notifications worked.
The Mayor asked if this was against the people on the Committee. Councillor
Self replied that it was if those people were voting to move into public
excluded instead of being open and transparent.
Councillor Wards replied that Councillor Self did not have any great
understanding of the Resource Management Act and the processes that were
involved. He added that maybe Councillor Self should read the Resource
Management Act which contained reasons why decisions were made. He was
also concerned that these types of comments were being made about the
Committee in a public meeting without Councillor Self having any
understanding of process.
RESOLUTION
(Cr Armstrong/Cr Bigham)
THAT recommendation 30/13 PO regarding the review of the Class 4
Gambling and Totalisator Agency Board (TAB) Venues Policy be
adopted.
119/13
CARRIED
4
REPORT
(a)
Group Manager Corporate Services
(i)
Voluntary Targeted Rates Scheme (VTRS)
The Council was asked to consider continuing to provide for a targeted rate
for the provision of insulation funding to ratepayers.
The Mayor commented that the last 12 months of this Scheme had been very
successful. He added that there had been no defaults on the payments or any
concerns raised by the Council Officers. The Mayor fe lt that this was a very
good positive Scheme for the community and there was no cost to the
ratepayers.
Councillor Powell supported the Scheme and the need for a warm and healthy
home at no real cost to the Council. He congratulated the Government and
EECA on the development of the Scheme.
Councillor Beccard agreed that this was a very good Scheme and it should be
promoted as much as possible.
298
RESOLUTION
13
(Mayor/Cr Powell)
THAT the Council continues to provide for a targeted rate for the
provision of insulation funding to ratepayers; and
120113
THAT the Council sets a cap of $3,900 per household on the funding
available; and
THAT the Council sets a cap of preliminary cap of funding up to 150
years per year, with any funding above this number being referred back
to the Council for further deliberation.
CARRIED
5
MEMO
(a)
(i)
Harbin Office Activity Report - Quarter 4 (1 April to 30 Jun
2013)
The activity report for the fourth quarter received from Mr Simon Rangiwahia
who staffed the Harbin office for JCNZ Focus Limited was provided for the
Council's information.
The Mayor noted that they had just welcomed a group from Harbin who had
won an English speaking competition. Councillor Bigham commented that she
had heard about the delegation after they had visited and felt that the Council
should have been notified so that they could participate in the function . The
Mayor acknowledged this and undertook to ensure the Council was notified in
the future .
(Cr Bigham/Cr Lawson)
RESOLUTION
THAT the Community Development Manager's Harbin Office Activity
Report- Quarter 4 (1 April to 30 June 2013) be received.
121/13
CARRIED
6
INFORMATION REPORT
(a)
Tourism and Leisure Services Manager
(i)
Quarterly Economic Development and Tourism Report to 30
June 2013
A combined update of activities of the Economic Development and Tou rism
Units and the report from Venture Taranaki Trust (VTT) was provided to 30
June 2013 for the Council 's information.
The Mayor commented that the visitor trends for South Taranaki was not in a
good position and asked if there was any explanation for this and whether it
was of concern. Mr Trundle acknowledged that this was concerning, however,
noted that in the previous year there had been enormous growth yet if you
looked over the last three year cycle the trend was considered acceptable. He
noted that in the previous year the accommodation had been fully booked as
299
14
a result of major refits in the oil and gas and the dairy industry. He added that
it was important to take some care going forward and look to ways to
stimulate demand through venues such as TSB Hub.
Councillor Armstrong asked about the mentor matches and how many of
these were ongoing that had started outside of the last year. Ms Moffit replied
that they were all ongoing and they also regularly followed up on progress.
Councillor Armstrong referred to the investment of $41,247 into four projects
in South Taranaki over the 2012/13 year and asked what the roll out into
commerciality was. Ms Moffit replied that this figure related to research and
development investment or training and support for businesses in South
Taranaki. Councillor Armstrong asked if there was any measure of the
success of this investment. Mr Trundle replied that this was not VTT funding
and that they only operated as an agent. He noted that the eligibility criteria
was imposed by Central Government and they were unsure of the success of
that funding.
Councillor Armstrong noted that he had attended the grow your farming
business evening that had been very worthwhile. He acknowledged that it was
good to see that farming was being recognised as a business. Mr Trundle
reiterated that it was national criteria but they had lobbied that farming
operations did comply and had been pleased when the criteria changed to
include farming.
The Mayor commented that the amount of research and development funding
awarded to the Region of $1.65 million and felt that this was only a small
portion coming into the District. Mr Trundle outlined that some of the major
employers were able to apply directly to the Government and this figure only
included the ones that VTT had facilitated.
Councillor Johnson referred to the business survey question relating to the
asset sales programme and asked why this question had been included. Mr
Trundle replied that three quarters of the survey was fixed and one quarter
had flexible questions and a number of parties could request to include a
question within the survey.
Councillor Ballantyne asked if information relating to the number of
respondents and some detail around those respondents and how they were
selected could be included. Mr Trundle replied that it was a survey of 1,000
companies around the District. He noted that they could segment the size and
sectors of the companies.
RESOLUTION
122/13
(Cr Wards/Cr Lawson)
THAT the Tourism and Leisure Services Manager and Community
Development Manager's Quarterly Economic Development and Tourism
Report to 30 June 2013 be received.
CARRIED
300
7
(Cr Judkins/Cr Johnson)
RESOLUTION
123/13
15
THAT pursuant to Section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the reasons in the minutes the
public be excluded to enable discussion on:
7.1
7.2
Minutes
(i)
Ordinary Council Meeting -held on 1 July 2013
(ii)
Environment and Hearings Committee Meeting - held on
15 July 2013
(iii)
Special Environment and Hearings Committee Meeting held on 18 July 2013
(iv)
Policy Development Committee Meeting - held on 29 July
2013
Report
(a)
(i)
Harbin Office Activity Report - Commercial and in
Confidence
CARRIED
8
RESUME OPEN MEETING
RESOLUTION
130/13
(Mayor/Cr Armstrong)
THAT the South Taranaki District Council resumes in open meeting.
CARRIED
Councillor Bigham noted that Mr Malcolm Alexander, Chief Executive from
Local Government New Zealand (LGNZ) had made a presentation at the
LGNZ Conference and asked if he would be able to make that presentation to
the Council. Mr Stevenson confirmed that Mr Alexander could be invited to
make a presentation to the Council.
The meeting concluded at 8.35 pm.
Dated this
day of
CHAIRPERSON
2013.
303
16
Minutes of the Special Meeting of the South Taranaki District Council held in the Council Chamber on
Wednesday 4 September 2013 commencing at 1.00 pm.
PRESENT:
Deputy Mayor Ballantyne (Chairperson), Councillors I Armstrong, A
Beccard, K Bourke, T Hohaia, P Johnson, G Lawson, M Powell, M Self
(1 .10 pm) and I Wards.
IN ATTENDANCE:
Group Manager Environmental Services (Mr McKenzie), Group Manager
Engineering Services (Mr Manning), Group Manager Community
Services (Ms Greenhill), Group Manager Corporate Services (Mrs
Wilson), Support Services Manager (Miss Cox), Regu latory Services
Manager (Mr Single), Roading Manager (Mr Lim), Regulatory Services
Projects Officer (Miss Cook) , Communications Officer (Miss Murphy),
four members of the public and one member of the media.
APOLOGIES :
Mayor R Dunlop, Councillor Bigham and the Chief Executive (Mr
Stevenson).
RESOLUTION
131/13
(Cr Armstrong/Cr Bourke)
THAT the apologies from the Mayor R Dunlop, Councillor Bigham and the Chief
Executive (Mr Stevenson) be received.
CARRIED
1.
HEARING
Cleggs Funeral Services - Mr Andrew Blanche
Mr Blanche advised that he was the Manager of Cleggs Funeral Services.
Mr Blanche requested a wording change to Section 10.7 relating to Tombstones,
Headstones and Monuments for Cemeteries to remove the wording such as a
registered monumentalist and amending to approved installers.
Mr Blanche outlined his reasoning for the change noting that when he undertook a
burial he was not asked for his qualifications yet the Council was asking for a
registered monumentalist. He noted that the New Zealand Standard (NZS
4542L 1995) was over 17 years old and it did not include relevant new material that
was used for burials. He noted that this had only included stainless steel yet they
now used fibreglass which was much better.
Mr Blanche considered that by using approved installers they should be comply with
the NZ standard, have a health and safety policy relating to headstone and
monument installation and be able to meet health and safety requirements and they
should also have liability insurance.
Mr Blanche also suggested that a manual could be developed fo r each cemetery in
South Taranaki as they were all different. A manual could be updated without the
need to undertake a full bylaw change each time.
http:/lorionweb/p/doc/dempro/1/governance/meeting/cnc/special council minutes
2013-09-04.docx
bylaw review hearing
17
304
Mr Blanche questioned whether anyone had read the NZ Standards which included
information on how to concrete should be laid correctly, how monuments should be
erected and different types of materials that could be used.
Mr Blanche noted that he had walked through the Hawera Cemetery and noted that
if the Council worked through the NZ Standards there would be some monuments
that would not be allowed, however, these were quite special including a little
wooden monument made by a father.
Mr Blanche also suggested that the Council looking at the requirement for
monument permits which was a way that the Council could control what was going
into the cemetery. He provided a copy of a permit from the Auckland City Council for
information.
Councillor Self arrived at 1. 10 pm.
Councillor Armstrong asked how many approved installers there were in South
Taranaki that complied with the NZ Standards. Mr Blanche replied that there were a
number of installers including themselves, Creative Stone, Parkinsons and
Abrahams. He added that there was also a number in Whanganui and Palmerston
North that had worked in the District.
Councillor Ballantyne questioned who would approve the monumentalists. Mr
Blanche replied that at the moment the Bylaw stated registered monumentalist
which was not governed by any laws. He noted that anyone could set up an
independent monumentalists association and obtain members. He felt that the
Council was leaving a large hole by having this in the Bylaw.
Mr McKenzie noted that the monumentalist would be working in cemeteries that
were owned and controlled by the Council so the approval would be provided by the
Council. He added that they would approve appropriately qualified monumentalists
with a good track record.
Councillor Self asked if there was a possibility for the opportunity for a family to
present something to the Council to obtain special approval for ones such as a
carved headstone using materials that were not listed. Mr Blanche replied that there
were some headstones in the Hawera Cemetery that did not meet those standards.
Councillor Wards noted that some cemeteries in the District were not Council-owned
cemeteries and asked if they had any controls or specifications in terms of
headstones. Mr Blanche replied that while they had had no controls in place they
were probably meeting the NZ Standards.
Mr Michael Clegg
Mr Clegg congratulated the Council Officers on a great job putting together the
Cemetery Bylaw, however, he felt that some tweaking was required. Mr Clegg
referred to Section 5 relating to the operating hours for the cemeteries. He noted
that this District had always allowed for a maximum amount of time including
Sundays for burials and this had now been changed to a restriction of 8.00 am to
1.00 pm on Saturday and none on Sunday. He noted that this was not always
convenient especially with the farming communities. He supported days such as
Christmas Day and Good Friday being restricted days.
htlp://orionweb/p/doc/dempro/1/governance/meeting/cnc/special council minutes by law
2013-09-04.docx
review hearing
305
Mr Clegg commented that the Council should have permits for headstone burials
and noted that the permit should be obtained when the plot was purchased. He
noted that the Council did not want to have headstones going up when a plot had
not been paid. He noted that permits ranged from $25 to $150 around the country.
Mr Clegg referred to Section 8 relating to people wanting to dig the grave
themselves. He noted that people wanted to do this for a variety of reasons
including cultural reasons and felt that this should remain. He added that this could
occur under the direction of the Council to ensure it was done correctly.
Mr Clegg supported the section relating to glass, vases and jars and the mowing by
the contractors. He noted that they did not want to have loose marbles on the berm
strip as during mowing they would often flick up and damage other headstones. He
suggested that berm strip be included for where no glass items were allowed.
Mr Clegg acknowledged that the Council Officers had done a great job in developing
the Cemeteries Bylaw and noted that it only required some tweaking. He added that
he was happy to assist if needed.
Councillor Self asked if the Council was better off having contractors or in-house
sextants looking after the cemeteries. Mr Clegg replied that the contractors were
doing a very good job and felt that if it suited the Council financially then he had no
issue with using contractors.
Councillor Armstrong asked if there was any reason for the Council to restrict the
timing of the burials on a Saturday and not allowing a Sunday burial. Mr Manning
replied that he would check this with Mr Sargeant regarding the rationale behind this
change.
Black Dahlias Tattooing - Mr Jason Hardwick
Mr Hardwick referred to the Tattooist, Beauticians and Body Piercers Bylaw and
noted that he needed some time to ensure that his premises were up to the required
standard.
Mr Hardwick outlined some comments from the Bylaw and noted that it was not
100% necessary to have hot water in the work area. He noted that hot water was
only required for washing and was not used in the work area. He added that he had
never worked in a studio with hot water in the work area adding that germs were
more likely at warm water temperature and cold water was much cteaner.
Mr Hardwick noted that the mobile tattoo artists had their own set of rules and that
there were a number of backyard tattooists around who could call themselves
mobile tattoo artists and get away with pretty much anything. He did not consider
that they should have a different set of rules.
Mr Hardwick suggested that each tattoo shop should have its own toilet. He noted
that some shared toilets and it was possible that the tattoo shop could have a client
who became light headed and could start vomiting and bleeding in the toilet. He felt
that this requirement should be included in the Bylaw.
Councillor Powell noted that Mr Hardwick had requested additional time to ensure
that his premises were ready for the changes to the Bylaw. He asked how much
time was required. Mr Hardwick replied that .six months would be suitable. He noted
that his current shop was not suited to having plumbing all around the place and he
would need another shop.
http://orionweb/p/doc/dempro/1 /governance/meeting/cnc/special council minutes bylaw
2013-09 - 04 . docx
review hearing
306
Councillor Hohaia referred to the mobile tattooists and asked about the same rules
applying to them. Mr Hardwick replied that his concerns were around waste
disposal, washing and using a kitchen area. He added that the gypsy fair had a
person operating out of a bus which could be very unsanitary.
Councillor Self asked if there was anywhere for disposal of medical waste locally. Mr
Hardwick replied that he was working on this being provided locally. Councillor
Ballantyne asked what Mr Hardwick did with his waste currently. Mr Hardwick
replied that he double bagged it and placed it in the wheelie bin.
Mr Alan Hawkes
Mr Hawkes spoke about the Speed Limits Bylaw and referred to the Rawhitiroa
School and the intersection of Oru Road which was located across from the School.
He noted that Rawhitiroa School was located on a blind corner and there had been
a number of near misses. He added that traffic travelled at 100 kilometres around
the blind corner and there was nowhere to go if someone was turning. He added
that the Council had changed the parking arrangement where cars now pulled into
the fence and backed out into the road which created even more issues.
Mr Hawkes expressed some concerns about the oil industry moving into the District
and Oru Road having more heavy vehicle traffic. He felt that it was only a matter of
time before someone had to be scraped off the road.
Mr Hawkes indicated that the Council's Reading Manager had advised that this area
did not fit the criteria for a 70 km zone.
Mr Hawkes noted that they had moved their boundary fence back to allow for
improved vision, however, it still did not fix the issues. He added that they also
mowed the area as the Council mowtng was not enough and the grass was too long.
Councillor Ballantyne commented that a red light had been trialled at one point. Mr
Hawkes confirmed this but noted that it had not worked. He added that the School
had also tried using the swimming pool carpark but the parents did not want to walk
that extra distance. He suggested that a mirror could be installed on Oru Road as he
felt that the traffic coming up the hill at speed was a significant issue. He was unsure
of an easy fix for the area, however, felt that a 70 km speed zone would also assist.
Councillor Hohaia asked what contributions were received from the oil companies
towards road improvements and asked if the School qualified for the school zone
warning sign where during the hours of transfer speeds were reduced even further.
Mr Lim replied that the oil companies could be asked to contribute through the
resource consent process, however, they were not contributing on this particular
road. He noted that they had not increased the heavy traffic count significantly
enough to request a contribution towards the road maintenance. Mr Lim added that
the New Zealand Transport Agency (NZTA) was currently undertaking a trial on rural
school zones. This was almost completed and they were awaiting the final report to
see if this system could be used in other areas.
Councillor Beccard commented that it was a local road and the Council should just
be making the rules to suit their own road. Mr Lim repl ied that the setting of speed
limits was under the NZTA rules and they had to meet certain criteria to be able to
amend a speed limit. Councillor Beccard commented that local people knew the
local roads and it should be considered fr.om a safety perspective and not from
national guidelines.
htlp://orionweb/p/doc/dempro/1/governance/meeting/cnc/special council minutes bylaw review hearing
2013-09-04.docx
19
20
307
Councillor Lawson asked if the realignment of Rawhitiroa and Oru Road could
occur. Mr Hawkes noted that this would improve the situation but there was a power
pole in the way.
Councillor Self asked who was monitoring the oil company traffic movements. Mr
McKenzie replied that through the consent process the consent holder was required
to keep a log of traffic movements which would be made available on request from
the Council. Councillor Self asked if any independent monitoring occurred. Mr
McKenzie replied that it this occurred it would be an additional cost to the ratepayer
not the consent holder.
The hearing concluded at 1.45 pm.
Dated this
day of
2013.
CHAIRPERSON
http://orionweb/p/doc/dempro/1/governance/meeting/cnclspecial council minutes bylaw review hearing
2013-09-04.docx
21
57
Eltham Community Board
Minutes of the Ordinary Meeting of the Eltham Community Board held in the Eltham
Community Centre, Board Room on Monday 19 August 2013, commencing at 10.30 am.
PRESENT:
Councillor Lawson (Chairperson), Mrs M Liddington, Mrs K Cave
and Mr A Hawkes.
IN ATTENDANCE:
Mayor Dunlop, Councillor Ballantyne, Group Manager Community
Services (Ms Greenhill), Group Manager Engineering Services (Mr
Manning), Community Development Advisor (Mrs McDonald),
Community Partnerships Manager (Mrs Mekalick) , Property
Facilities Manager (Mr Sargeant), Support Services Officer (Miss
Dymond), Regulatory Services Projects Officer (Miss Cook), ,
Communications Officer (Miss Murphy) and seven members of the
public.
APOLOGIES:
Mr G Hansen.
RESOLUTION
21/13 EL
(Mrs Cave/Mr Hawkes)
THAT the apology from Mr Hansen be received.
CARRIED
1
OPEN FORUM
(a)
Regulatory Services Projects Officer, Adrienne Cook
(i)
Class 4 Gambling and TAB Venues Policy Review 2013
Miss Cook tabled the Statement of Proposal for the Class 4 Gambling and
TAB Venues Policy Review 2013. She advised that the Policy had been
reviewed and now was out for consultation with submissions closing on 13
September 2013. She noted that this was an opportunity for the Council to
hear the views of the public.
Miss Cook noted that the only change sought during the review of this Policy
was to reduce the capped number of gaming machines in the District from
154to 140.
(b)
Taranaki Rugby Union, Mr Derek Dingle
(i)
Eltham Sports Fields
Mr Dingle advised that he had been made aware that the Football Club had
submitted a proposal to relocate from Taylor Park to Taumata Park, Eltham.
He felt that both clubs required a facility that had two fields and clubrooms at
the one location providing a practise field under flood lights and a playing field
for the Saturday game.
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/ELB/Eitham Community Board Minutes 2013-08-19.docx
22
58
Mr Dingle did not support the proposal made by the Football Club due to there
being no grounds with flood lights available for rugby training. He felt that
having the clubrooms at a separate location was not suitable as it resulted in
supporters and teams not meeting after the games.
Councillor Lawson asked how many rugby teams there were. Mr Dingle
replied that the Rugby Club fielded two senior teams and eight junior teams in
2013 and typically played five games per season at Taumata Park. Councillor
Lawson confirmed that the senior teams alternated between Eltham and
Kaponga and the junior teams played in Kaponga. He added that currently the
Rugby Club were using both Taumata Park and Victoria Park as a
compromise due to there not being two grounds at both parks.
Councillor Ballantyne asked if Mr Dingle was aware of the flood lights at
Soldiers Park. Mr Dingle replied no, adding that Soldiers Park did not have the
facilities the Rugby Club needed.
Mr Dingle commented that in the past the Rugby Club had requested that
clubrooms be built next to the grounds at Taumata Park which was not
supported.
(c)
Ms Marilyn Gernhoefer
(i)
Arty Loo Project
Ms Gernhoefer asked the Board to support funding a shortfall of $5,000 which
would go towards the redevelopment of the Eltham Public Toilets to create
toilets with wow factor which would encourage visitors to the town.
Mrs Liddington asked where the two artworks would be placed. Ms
Gernhoefer replied that one artwork would be placed on the wall between the
library and the toilet and the other behind the library.
2
(a)
Ordinary Meeting held 8 July 2013
Mr Hawkes advised that the Rawhitiroa School and surrounding neighbours
had submitted to the 2013 Bylaw Review .
RESOLUTION
22113 EL
(Cr Lawson/Mr Hawkes)
THAT the minutes of the Eltham Community Board meeting held on 8
July 2013 be received and confirmed as a correct record of proceedings.
CARRIED
3
ADOPTION OF THE AGENDA
RESOLUTION
23/13 EL
(Cr Lawson/Mrs Cave)
THAT the agenda for the Eltham Community Board meeting of
19 August 2013 be adopted as the order of business for the meeting.
CARRIED
http:/lorionweb/p/doc/dempro/1/Governance/Meeting/ELB/Eitham Community Board Minutes 2013-08-19.docx
59
4
23
FUNDING REQUEST REPORT
(a)
Community Funding Advisor
(i)
Eltham Community Development Group - Arty Loo Project
An application was received from the Eltham Community Devel opment Group
tor funding towards redevelopment of the Eltham Public Toilets to create
toilets with wow factor which would encourage visitors to the town .
Councillor Lawson and Mrs Liddington supported this application to allow the
project to proceed.
RESOLUTION
24/13 EL
(Mrs Liddington/Mrs Cave)
THAT the Eltham Community Board grants $5,000 from their
Discretionary Fund to the Eltham Community Development Group for the
Arty Loo Project.
CARRIED
Mr Hawkes asked that his vote against the motion be recorded.
(ii)
Eltham Community Board -Soldiers Park Walkway Celebration
An application was received from the Eltham Community Board fo r funding
towards purchasing an outdoor seat tor the Soldiers Park Walkway.
RESOLUTION
25/13 EL
(Mr Hawkes/Mrs Liddington)
THAT the Eltham Community Board grants $1,000 from their
Discretionary Fund to purchase an outdoor seat for the Soldiers Park
Walkway.
CARRIED
4
REPORT
(a)
(i)
Eltham Sports Fields Centralisation
The report was provided to consolidate and formalise discussions on the
allocation of sporting grounds in Eltham and the Board was asked to make a
recommendation to the Council.
Councillor Lawson thanked the Eltham Soccer Club for their detailed proposal
noting that some new information regarding the usage of the Taumata Park
grounds tor training had just been provided by the Rugby Club.
The Mayor asked if Soldiers Park had been considered. Councillor Lawson
replied that Soldiers Park had flood lights and had been used in the past for
practices.
htlp://orionweb/p/doc/dempro/1 /Governance/Meeting/ELB/Eltham Community Board Minutes 2013-08-19.docx
24
60
Councillor Ballantyne felt that it was logical as it was 40 games versus four
games being played on the grounds. He felt that Taylor Park was not suitable
to play 40 games of soccer on as it was just a swamp with a carshed on it.
Mr Manning felt that Alamein Park in Kaponga was under-utilised and was
unsure of the issues the Rugby Club had with using that ground. He
commented that the grounds had training light, toilets and the field was up to
sports field standards.
Councillor Lawson and Mr Hawkes supported the recommendations with the
addition of the Board continuing discussions with the Eltham/Kaponga Rugby
Club and other users of Victoria Park, Kaponga as to what additional facilities
may be required and how these may be financed to consolidate a home for
rugby.
RECOMMENDATION
26/13 EL
(Mr Hawkes/Mrs Liddington)
THAT the Eltham Soccer Club is allowed to relocate to Taumata and
Saunders Park; and
THAT $50,000 is included in the draft budget estimates in the 2014/15
year as a grant to the Eltham Football Club to support the construction
of new clubrooms; and
THAT investigations start to allow Taylor Park to be declared surplus or
not; and
THAT Taylor Park is designated as a leash free area for dogs; and
THAT Saunders Park is no longer a leash free dog area but an area for
dogs being allowed at the park on a leash but not on the playing
surfaces.
THAT the Eltham Community Board continues discussions with the
Eltham/Kaponga Rugby Club and other users of Victoria Park, Kaponga
as to what additional facilities may be required and how these may be
finances to consolidate a home for rugby.
CARRIED
The meeting concluded at 11.23 am
Dated this
day of
2013
CHAIRPERSON ·
http:l/orionweb/p/doc/dempro/1 /Governance/Meeting/ELB/Eitham Community Board Minutes 2013-08-19.docx
55
25
Minutes of the Ordinary Meeting of the Hawera Community Board held in the Council
Chambers, Albion Street, Hawera on Monday 19 August 2013, commencing at 4.00 pm.
PRESENT:
Mrs F Hicks (Chairperson). Councillor Johnson, Mr M Hayman,
Mr R Buckland and Mr C Greaves.
IN ATTENDANCE:
Mayor Dunlop (4.08 pm), Group Manager Community Services
(Ms Greenhill) , Community Services Manager (Mrs Symes),
Property Facilities Manager (Mr Sargeant), Support Services
Officer (Miss Dymond). Commun ications Officer (Miss Murphy)
and three members of the public.
APOLOGIES:
Nil.
1
OPEN FORUM
(a)
Ms Jillian Williams
(i)
Family Jazz with Rodger Fox
Ms Williams advised that Hawera Genealogy were requesting funding to assist
with bringing Rodger Fox to Hawera to entertain the local community and tel l
the story of his ancestors. She hoped to have a sell out at the Hawera
Memorial Theatre (the Theatre) but required back up support from the Board
just in case. Mrs Hicks was confident that all tickets would be sold filling the
Theatre.
(b)
Ms Aroha Houston
(i)
Turuturu Mokai
Ms Houston attended the meeting to support the Ngati Tupaia Hapu funding
request but used the opportunity to inform the Board on the dumping of
rubbish which had been revealed when cleanup began to take place. She was
disappointed and asked that this be looked into by the Council.
Mrs Hicks asked what administration costs the funding would cover. Ms
Houston replied that administration costs covered a variety of items noting that
in the past all administration had been covered out of their own pocket.
Councillor Johnson asked if the dumping on Turuturu Mokai took place when
in the Council's hands. Ms Houston replied that the rubbish was only revealed
once the land was cleaned up. Councillor Johnson asked if the Council could
have the rubbish removed . Mr Sargeant undertook to investigate this further.
The Mayor noted that Ngati Tupaia Hapu had submitted to the Annual Plan
resulting in the Council looking at holding further discussions with Ngati Tupaia
Hapu regarding the future relationship between the Council and Ngati Tupaia
Hapu. He added that this had not taken place but would ensure that this would
happen in the near future .
http://orionweb/p/doc/dempro/1/Governance/Meeting/hcb/Hawera Community
19.docx
Board
Minutes 2013-08-
56
2
(a)
Minutes of the Ordinary Meeting held 8 July 2013.
RESOLUTION
27/13 HA
26
(Mr Buckland/Mr Hayman)
THAT the minutes of the Hawera Community Board meeting held on 8
CARRIED
3
ADOPTION OF AGENDA
(a)
Hawera Community Board -19 August 2013
RESOLUTION
28113 HA
(Cr Johnson/Mr Buckland)
THAT the agenda for the Hawera Community Board of 19 August 2013 be
adopted as the business for the meeting.
CARRIED
4
(a)
(i)
Hawera Genealogy- Family Jazz with Rodger Fox
An application was received from the Hawera Genealogy to assist with funding
the Family Jazz with Rodger Fox.
Mr Hayman and Mr Greaves supported underwriting up to $2,000 to provide
the backup Hawera Genealogy required .
Mr Hicks felt that with the right publicity this event would be successful.
RESOLUTION
29/13 HA
(Mr Hayman/Mr Greaves)
THAT the Hawera Community Board underwrite up to $2,000 from their
Discretionary Fund to Hawera Genealogy for Family Jazz with Rodger
Fox.
CARRIED
(ii)
Ngati Tupaia Hapu - Administration costs and poisons for
weeds/trees
An application was received from Ngati Tupaia Hapu for fundi ng administration
costs and poisons for weeds/trees.
The Mayor felt that as a result of the ongoing history with the ReseNe the
request for funding should be declined until relationships between the Council
and Ngati Tupaia Hapu had been discussed. Mrs Hicks agreed.
http://orionweb/p/doc/dempro/1/Governance/Meeting/hcb/Hawera Community Board Minutes 2013·0819.docx
27
57
Mr Greaves had concerns relating to what administration costs there were but
supported funding the purchase of poison for weeds/trees.
Councillor Johnson supported the application and commended the community
members who are trying to clean up Turuturu Mokai.
Mr Hayman felt that this was a tourist attraction for visitors to the District and
hoped that a relationship could be formed between the Council and Ngati
Tupaia Hapu.
Mrs Hicks felt that there were other funding sources that Ngati Tupaia Hapu
could investigate before requesting funding from the Board. Mr Buckland
agreed.
RESOLUTION
30/13 HA
(Mrs Hicks/Mr Buckland)
THAT the Hawera Community Board decline funding from their
Discretionary Fund to Ngati Tupaia Hapu for administration costs and
poisons for weeds/trees.
CARRIED
Mr Greaves asked that his vote against the motion be recorded.
(iii)
Hawera Community Board - Extend and annual planting of
hanging baskets in Town Square
An application was received from the Hawera Community Board for funding to
extend the annual planting of hanging baskets in the Town Square.
Mr Sargeant commented that the suggestion made by Council Officers was for
the Board to fund an additional 50 hanging baskets thereby extending the
flowering season, plus the planting of the stock of 100 baskets over two
flowering seasons.
Mr Greaves did not support ongoing funding for the project as from his
perspective the Board initiated the project with the intention that another
funding source would be used for funding in the future. Mr Hayman agreed.
Mrs Hicks and Mr Hayman supported declining the application until further
discussions with the Board had taken place. Mr Hayman commented that the
Board could approach Bizlink who may be interested in taking over the project.
RESOLUTION
31/13 HA
(Mr Hicks/Mr Hayman)
THAT the Hawera Community Board decline funding from their
Discretionary Fund for the extension of the annual planting of hanging
baskets in the Hawera Town Square.
CARRIED
(iv)
Hawera Community Board- Install BBQ in King Edward Park
An application was received from the Hawera Community Board for funding to
install a BBQ in King Edward Park.
Mrs Hicks and Mr Buckland supported the installation of a BBQ in King
Edward Park as they felt this was an asset for the Park and would be used by
the community and school groups.
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/hcb/Hawera Community
19.docx
Board Minutes 2013-08-
28
58
Councillor Johnson felt that this was poor use of the Community Board's
Discretionary fund.
RESOLUTION
32/13 HA
(Mrs Hicks/Mr Buckland)
THAT the Hawera Community Board grant $7,896 from their
Discretionary Fund to the Hawera Community Board to install a BBQ in
King Edward Park.
CARRIED
Dated this
day of
2013.
CHAIRPERSON
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/hcb/Hawera Community Board
19.docx
Minutes 2013-08-
62
Egmont Plains Community Board
Minutes of the Ordinary Meeting of the Egmont Plains Community Board held at the
Sandfords Events Centre, Tasman Street, Opunake on Wednesday 21 August 2013
commencing at 9.30 am.
PRESENT:
Mrs S Arlidge (Chairperson), Mr B Julian, Mr C Dingle, Mr B
Vincent and Councillor Self.
IN ATTENDANCE:
Mayor Dunlop, Councillor Armstrong , Group Manager Community
Services (Ms Greenhill), Community Development Advisor (Mrs
McDonald), Community Partnerships Manager (Mrs Mekalick),
Support Services Officer (Miss Dymond), Communications Officer
(Miss Murphy) , two members of the public and one member of the
media.
APOLOGIES:
Nil.
1
OPEN FORUM
(a)
Opunake Community Baths Society (the Society)
(i)
Ms Kay Pointon
Ms Pointon advised that the Society were requesting funding to provide
Lifeguard training to meet the current industry standard which was essential
for the safe operation of the pool. She noted that the cost to train three
lifeguards had been funded but the Society required a further three lifeguards
to be trained.
Mrs Arlidge asked what level of funding the Council provided to the Society.
Ms Pointon replied that the Council contributed around 40% of the annual
operating costs. She commented that discussions were being held with
Council staff as per the Memorandum of Understanding.
Ms Pointon commented that lifeguard training was offered to the Opunake
High School Year 12 and 13 students adding that this year the Society were
working on how they could obtain more commitment from the trained
lifeguards such as a commitment to fixed hours.
(b)
Mr Rex Langton
(i)
Opunake Walkway (the Walkway)
Mr Langton advised that he had just received approval from the Council to
extend the Walkway with work commencing in November.
Mrs Arlidge asked if the access to the Wc;tlkway for motorbike riders had been
limited. Mr Langton advised that there were posts restricting access but these
had been removed. He commented that recently there had not been the same
amount of concerns as before.
hltp://orionweb/p/doc/dempro/1/Governance/Meeting/EPC/Egmont Plains Community Board Minutes 2013-08-21.docx
29
63
Mr Langton raised concerns with the blow holes along the headlands which
blew sand across the Walkway. He commented that the blow holes needed to
be filled to stop this occurring.
Mr Langton had concerns regarding the ability to access the Walkway now a
section had been sold. Mrs Arlidge replied that Mr Carradus and Ms Sharpe
attended the previous meeting to inform the Board on their intention for the
Walkway confirming that their driveway was available for the use of the
community to access the Walkway. She commented that she hoped that the
Council would assist with the initial establishment of the track. Mr Langton
advised that he had spoken to the Council's Property Facilities Manager, Mr
Sargeant regarding this and they would work together with the property
owners.
Mr Langton noted that another area of concern was that one section was still
yet to be sold which also was used for the Walkway. Councillor Armstrong
suggested that Mr Langton approach the land owners to discuss obtaining a
legal easement for the future use of the land.
(ii)
Swimming area for Dogs project
Mr Langton advised that another project he was working on was having a
place for dogs to swim accessible from the Walkway which was an important
activity for the community.
(iii)
Dumping of dirt by the Opunake Cemetery
Mr Langton had concerns regarding the dirt that had been dumped on the
land beside the Cemetery. He advised that the dirt was dumped next to an
average height fence which eventually would allow cattle to jump over giving
them full access to the Cemetery and the Walkway. He asked that this be
investigated.
(c)
Mr Brian Vincent
(i)
Opunake Butterfly Club and Food Forest Group
Mr Vincent was disappointed that a partnership agreement had been formed
for the Opunake Butterfly Club and Food Forest Group to use a piece of land
in Opunake without informing the Board first. The Mayor commented that Mr
John Smith had been in contact with him and was enthusiastic about utilising
a piece of Council land. He referred this onto the Council's Property and Legal
Executive, Yvonne Barton, to formalise an agreement.
Mr Vincent supported the project but felt that better communication with the
Board prior to an agreement being drawn up was required.
(d)
Mrs Sharon Arlidge
(i)
Rahotu Toilets
Mrs Arlidge had concerns regarding the condition of the Rahotu toilets and
asked who she needed to contact to discuss this further. Ms Greenhill
suggested that she contact the Council's Group Manager Engineering
Services, Brent Manning, to discuss this further.
http:/lorionweb/p/doc/dempro/1/Governance/Meeting/EPC/Egmont Plains Community Board Minutes 2013-08-21.docx
30
64
(ii)
31
Opunake Information Board
Mrs Arlidge commented that since the removal of the information board in the
town square there was no obvious place for tourists to go for information on
the town. She felt that the information provided in the window of the Opunake
LibraryPius was not adequate. Mrs McDonald advised that she had spoken to
the Business Association who was keen to upgrade the existing noticeboard
at the library but this had not progressed any further.
Mrs McDonald commented that a discussion was held regarding where a
suitable place for a blue information sign would be. Mrs Arlidge suggested that
the sign be situated on a post rather than on a building. Ms Greenhill
undertook to follow this up.
2
(a)
Minutes of the Ordinary Meeting held 10 July 2013
RESOLUTION
22/13 EP
(Mr Julian/Mr Dingle)
THAT the minutes for the Egmont Plains Community Board meeting held
10 July 2013 be received and confirmed as a correct record of
proceedings.
CARRIED
3
ADOPTION OF AGENDA
(a)
Egmont Plains Community Board- 21 August 2013
RESOLUTION
23/13 EP
(Mr Dingle/Mr Vincent)
THAT the agenda for the Egmont Plains Community Board meeting of 21
August 2013 be adopted as the business for the meeting.
CARRIED
4
(a)
(i)
Opunake Community Baths Society- Lifeg uard Training
An application was received from the Opunake Community Baths Society for
Lifeguard Training.
Councillor Self supported granting $1 ,665 to fund lifeguard training for three
students and another reserve lifeguard for backup. He was disappointed that
the Council did not provide lifeguard training as this was an industry standard.
Ms Greenhill advised that the Council does provide lifeguard training , however
there is a cost associated with this.
Mr Vincent and Mr Dingle supported the recommendation that $1,215 be
granted for lifeguard training.
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/EPC/Egmont Plains Community Board Minutes 2013-08-21.docx
65
32
Mrs Arlidge felt that the Opunake Community Baths were an asset for
Opunake and hoped that in the future there would be a stronger relationship
with the Council. She noted that the Council had contributed funds for a new
roof.
The Mayor noted that the Council had been supportive in the past adding that
it was up to the Committee to identify and request funds where required. He
supported the community's enthusiasm.
RESOLUTION
24/13 EP
(Mr Vincent/Mr Dingle)
THAT the Egmont Plains Community Board grants $1 ,215 from their
Discretionary Fund to the Opunake Community Baths Society for
Lifeguard Training.
CARRIED
(i)
Egmont Plains Community Board - Repair Opunake BMX
Track
An application was received from the Egmont Plains Community Board for
funding repairs to the Opunake BMX Track.
Mrs Arlidge and Mr Julian supported repairs being made to the Opunake BMX
Track. Mrs Arlidge felt that this was a worthwhile project and was an asset for
the community.
Mrs McDonald commented that Taranaki Civil Construction Ltd carried out two
site visits and took some time working out what work was required. She noted
that the quote provided was reasonable. She added that the quote included
the removal of excess material being deposited in the blow holes. Mr Vincent
felt that there were two local contractors that could be used for this project. Mrs
McDonald advised that the contractors employed to do the work were required
to be Council approved contractors.
Councillor Self felt that this was a great project which would attract more
people into the area. Mrs McDonald clarified that the track would not be used
as a competition track but more a recreational track.
RESOLUTION
25/13 EP
(Mrs Arlidge/Mr Julian)
THAT the Egmont Plains Community Board grants $3,080 from their
Discretionary Fund for repairs to the Opunake BMX Track.
CARRIED
5
REPORT
(a)
Community Development Youth Advisor, Peter Heard
(i)
Manaia Skate Park - Site Development Options
The report asked the Board to confirm a preferred site option for the
development of a new skate park in Manaia.
hltp://orionweb/p/doc/dempro/1/Governance/Meeting/EPC/Egmont Plains Community Board Minutes 2013·08·21.docx
33
66
Mr Dingle felt that the proposed location was most suitable as it had the least
residential impact. He commented that this would be utilised by local children
and would become a tourist attraction for visitors to the area. Mr Julian
supported this.
Councillor Self supported the Council considering purchasing the entire
property which would create a recreational area allowing future recreational
activities to take place
The Board suggested that purchasing the entire property be considered. Ms
Greenhill noted this.
RECOMMENDATION
26/13 EP
(Mr Dingle/Mr Julian)
THAT the Egmont Plains Community Board supports further
investigation into the purchase and development of a skate park in
Manaia on the site identified as Property Number 5128.
CARRIED
The meeting concluded at 11.27 am
Dated this
day of
2013.
CHAIRPERSON
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/EPC/Egmont Plains Community Board Minutes 2013-08-21.docx
67
Patea Community Board
Minutes of the Ordinary Meeting of the Patea Community Board held in the Aotea Utanganui
- Museum of South Taranaki Education Room, Egmont Street, Patea on Wednesday 21
August 2013 commencing at 3.30 pm .
PRESENT:
Mr D Honeyfield (Chairperson), Councillor T Hohaia, Ms A Aiken ,
Mrs R Mackay and Mrs S Dew-Hopkins.
IN ATTENDANCE:
Mayor Dunlop, Councillor Ballantyne, Councillor Wards, Group
Manager Community Services (Ms Greenhill), Community
Development Manager (Mrs Symes), Communications Officer
(Miss Murphy) , Support Services Officer (Miss Dymond), sixteen
members of the public and one member of the media.
APOLOGIES:
Nil.
1
OPEN FORUM
(a)
Mr Harvie Gibbs and Ms Jacquelyn Dwyer
(i)
Relocation of the Alton War Memorial
Mr Gibbs informed the Board that a major revamp of the Alton Hall was being
carried out. He expressed the community's support in the relocation of the
Alton War Memorial to the land next to the Alton Hall which was owned by the
Hall ensuring future public access. He added that this site wou ld be fenced
and landscaped.
Ms Dwyer commented that the cost of the relocation would depend on if the
concrete base stayed in one piece. She noted that if a rebuild of the concrete
base was required then this could cost up to $13,000. She added that $4,700
had been raised so far.
Ms Dwyer commented that the requested amount of $2,070 would pay for the
account from Mr Daryl Anderson which consisted of the removal , restoration
and reattachment of the four metre high granite needle.
The Mayor asked if a funding request had been sent to the Lotte ry
Commission who supported projects similar to this . Mr Gibbs confirmed that
an application had been sent to the Lottery Commission which required them
to obtain 30% of the funds themselves which had occurred.
(b)
Ms Clare Johnston
(i)
Waverley Primary School Hall Upgrade
Ms Johnston commented that the Waverley Primary School requested
funding to assist with the upgrade of the School Hall (the Hall). She noted that
the Hall was owned by the School so no direct funding was rece ived from the
Ministry of Education .
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 2013-08-21.docx
34
35
68
Ms Johnston informed the Board that parts of the upgrade had begun and the
funding would go towards the remaining work yet to be completed.
Ms Aiken asked how the School's contribution was made up. Ms Johnston
replied that the School contributed $5,000 with the remainder being made up
from fundraising events. Mrs Dew-Hopkins asked if the funds raised from the
Masquerade Ball would be used for this project. Ms Johnston replied that
these funds had not been marked for any specific project.
Mrs Dew-Hopkins asked how often the Hall was used by the Community. Ms
Johnston noted that essentially it was a school hall but once the revamp was
complete it could be used as a multi-function hall which would be available to
the community.
Mr Honeyfield asked what other community groups
Johnston replied that the hall was occasionally used by
zumba but once the hall had reached the required health
which consisted of toilets and wheelchair access then it
the community to hold events.
(c)
used the hall. Ms
groups for example
and safety standard
would be offered to
Ms Sonya Hagoort
(i)
Waverley Playcentre - Shade sail over the sandpit
Ms Hagoort advised that the Waverley Playcentre project was to replace the
shade sail over the sandpit area as the current one was years old and was no
longer useable. She noted that it was important that the sandpit users were
protected from the sun.
Ms Hagoort advised that two quotes were obtained but the preferred company
was The Canvas Man Wanganui who had been used in the past.
Councillor Hohaia asked if a funding application had been sent to the
PowerCo Community Trust. Ms Hagoort replied no commenting that the
Waverley Playcentre had a number of projects on the go which had been
funded through the PowerCo Community Trust. She added that an application
was sent to the McBoom Estate which had been declined.
Ms Aiken felt that the Waverley Playcentre had a large amount of funds in
their saver account and asked what projects this money was being used for.
Ms Hagoort replied that once the upgrade to the bathroom was complete,
wheel chair access and verandas would be installed.
(d)
Mr Neville Clarkson
(i)
Patea Tourist Trophy Road Race
Mr Clarkson and members of the Whenuakura community attended the
meeting to put forward a proposal on a possible national motorsport event to
be held on 24 and 25 January 2015 at the Whenuakura-Otautu Block.
Mr Clarkson commented that this event had not been held for 60 years and
there was an opportunity for this event to be held in Patea which would result
in financial gain for the community. He welcomed input, questions, concerns
and ideas from the community. He asked for the Board's support. Ms
Greenhill advised that Mr Clarkson had been in touch with the Council's
Tourism and Leisure Services Manager, Mr Phil Waite regarding this event.
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 20 13-0B-21.docx
69
Councillor Ballantyne supported this event commenting that people would be
amazed how big this type of event could be.
The Board supported the event in principle and suggested that a presentation
be made to the Council by Mr Clarkson Ms Greenhill also suggested that Mr
Clarkson hold further discussions with Mr Waite.
(e)
Mr David Honeyfield
(i)
Hunter Shaw Building
Mr Honeyfield provided some background information on the Hunter Shaw
Building (the Building). He commented that the Council had a request from
the New Zealand Plunket Society asking the earthquake status of the Building
which, once investigated, a report found that the Building may be earthquake
prone.
Mr Honeyfield advised that since then the Council closed the Building for
future use by Council staff due to safety reasons.
He attended a meeting on Monday 12 August with Council staff, Patea
councillors and the Mayor where it was decided that if the Building was
earthquake prone and too dangerous for staff to occupy then it was unsafe for
the public.
Mr Honeyfield advised that a full structural report on the building was
requested by the Council to obtain an earthquake prone rating and identify
any strengthening requirements which would then be presented to the Board.
Mr Honeyfield felt that the Council's Earthquake Prone Building Policy
required updating as it was out of date and the consultation process revised
to ensure everyone was made aware.
Mrs Mackay was disappointed that the Board had been left out of the loop.
Councillor Wards advised that the two structural engineer reports identified
that the Building was a risk for Council staff. He commented that from his
understanding a lot of work was required to bring the Building up to the
Earthquake Prone standard.
The Mayor advised that an engineer's report was required but felt that the
meetings could have remained at the Hunter Shaw Building until the report
had been received. He felt that the Hunter Shaw Building was a low risk.
http:/lorionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 2013-08-21.docx
36
70
2
(a)
Minutes of the Ordinary Meeting held 10 July 2013
RESOLUTION
30/13 PA
37
(Ms Aiken/Cr Hohaia)
THAT the minutes of the Patea Community Board meeting held on 10
CARRIED
3
ADOPTION OF AGENDA
(a)
Patea Community Board- 21 August 2013
RESOLUTION
31/13 PA
(Mrs Mackay/Ms Aiken)
THAT the agenda for the Patea Community Board meeting of 21 August
2013 be adopted as the business for the meeting.
CARRIED
4
(a)
Community Funding Advisor, Maryse Ropiha
(i)
Alton Coronation H.all - Relocate Alton War Memorial
An application was received from Alton Coronation Hall for funding to relocate
the Alton War Memorial.
Mr Honeyfield noted that the Board granted $1,400 for a similar project in
Manutahi a number of years ago.
Ms Greenhill clarified that the Alton War Memorial does currently sit on
reserve land . The Mayor felt that it was important to protect the land
surrounding the Alton War Memorial for continued public access.
Councillor Hohaia and Mrs Aiken supported granting $1,500 to assist with
relocating the Alton War Memorial to the area beside the Alton Hall.
The Board noted that the land around the current site was designated as
Reserve and this designation could be transferred to the memorial's new
location to ensure continued public access. This would be referred onto the
Council 's Property Legal Executive, Yvonne Barton, who would be in touch
regarding this process.
http://orionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 2013-08-21.docx
71
RESOLUTION
32113 PA
(Cr Hohaia/Mrs Aiken)
THAT the Patea Community Board approves a grant of $1,500 from their
Discretionary Fund to the Alton Coronation Hall for the relocation of the
Alton War Memorial.
CARRIED
(ii)
Waverley Primary School - Upgrade School Hall
An application was received from the Waverley Primary School for funding to
upgrade the School Hall (the Hall).
Councillor Wards advised that Waverley already had a Community Centre
which was used by the community. Ms Aiken commented that historically the
Board had not funded school halls and felt that this was a Central
Government responsibility.
Mrs Dew-Hopkins felt that other funding sources could be obtained for the
project and raised concerns with the availability for the public to use the Hall.
She felt that this was not a community hall. Mr Honeyfield ag reed.
RESOLUTION
33/13 PA
(Mr Honeyfield/Mrs Dew-Hopkins)
THAT the Patea Community Board decline funding from their
Discretionary Fund to the Waverley Primary School to upgrade the
School Hall.
CARRIED
(iii)
Waverley Playcentre- Install Shade Sail over Sandpit
An application was received from the Waverley Playcentre for funding to
install shade sails over the sandpit.
Mrs Dew-Hopkins supported allocating $1 ,000 towards the installation of
shade sails over the sandpit noting that they had received funding through
other sources and had not contributed any funds themselves. Councillor
Hohaia supported this.
RESOLUTION
34113 PA
(Mrs Dew-Hopkins/Cr Hohaia)
THAT the Patea Community Board approves a grant of $1 ,000 from their
Discretionary fund to the Waverley Playcentre to go towards installing
shade sails over the sandpit.
CARRIED
5
REPORT
(a)
Community Development Manager, Claire Symes
(i)
Waverley Urban Upgrade Fund -Gulley Park Furniture
The Board were required to make a recommendation to Council based on the
recommendation from the Waverley Urban Upgrade Group to allocate the
total remaining funds from the Waverley Urban Upgrade Fund to enhance
Gulley Park, Waverley.
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 2013-08-21.docx
72
Ms Aiken and Mrs Dew-Hopkins supported this subject to the concept being
finalised in consultation with and approved by the Waverley Urban Upgrade
Committee.
(Ms Aiken/Mrs Dew-Hopkins)
RECOMMENDATION
35/13 PA
THAT the Patea Community Board recommends to the Council that the
total remaining Waverley Urban Upgrade Funds of $9,887 be allocated to
upgrade Gulley Park subject to the concept being finalised in
consultation with and approved by the Waverley Urban Upgrade
Committee.
CARRIED
Dated this
day of
2013.
CHAIRPERSON
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/pcb/Patea Community Board Minutes 2013-08-21.docx
39
143
40
Environment and Hearings Committee
Minutes of the Environment and Hearings Committee Meeting held in the Council Chamber,
Administration Building, Albion Street, Hawera on Monday 26 August 2013 commencing at
2.30 pm.
PRESENT:
Councillors I Wards (Chairperson), I Armstrong, A Beccard, B
Bigham, T Hohaia and M Powell.
IN ATTENDANCE:
Mayor R Dunlop, Group Manager Environmental Services (Mr
McKenzie}, Planning Manager (Mr Blair Sutherland), Support
Services Manager (Miss Cox), Regulatory Services Manager (Mr
Single), Regulatory Services Projects Officer (Miss Cook),
Environmental Monitoring Officer (Mr Nathan Sutherland),
Communications Manager (Mr Langford), Mr Justin Marinovich (C
& M Legal) one member of the public and one member of the
media.
APOLOGIES:
Nil.
1
MINUTES
(a)
Special Environment and Hearings Committee held on 18 July 2013
RESOLUTION
36/13 EH
(Cr Hohaia/Cr Armstrong)
THAT the minutes of the Special meeting held on 18 July 2013 of the
Environment and Hearings Committee be received and confirmed as a
correct record of proceedings.
CARRIED
2
REPORTS
(a)
Regulatory Services Projects Officer, Adrienne Cook
(i)
Objection to disqualification of dog ownership - Mr lan Basil
Turner
Mr Turner lodged an objection to disqualification as a dog owner. The report
highlighted the events which lead to the conviction of Mr Turner at the High
Court and has resulted in the Council disqualifying Mr Turner from owning any
dogs for five years.
Mr lan Turner
Mr Turner requested an adjournment to the hearing for two reasons stating
that he had only received the report which he considered to be quite extensive
on the Wednesday one week ago and he had not had the time or opportunity
to obtain the necessary paperwork to dispute some of the points raised in that
report. Mr Turner added that he had also been, and still was, quite ill. He
noted that he had spoken with Mr McKenzie and Miss Cook advising them
that he did not have adequate time to address the points raised in the report.
Environment and Hearings Committee 26 August 2013
41
144
Mr Turner noted that in reading the report he would have disqualified himself
and not appealed it, however, there were a number of errors and he wanted
more time to be able to put together his appeal. He requested an adjournment
until the next Environment and Hearings Committee meeting where he would
make a full presentation outlining the mistakes that had been made in the
report.
The meeting adjourned at 2.35 pm to obtain advice on an adjournment of the
hearing and reconvened at 2.48 pm.
MOTION
(Cr Hohaia/Cr Beccard)
THAT the hearing for the objection to disqualification of dog ownership
- Mr lan Basil Turner be adjourned until the next Environment and
Hearings Committee meeting.
Councillor Powell was unsure and struggled to see why the hearing needed to
be adjourned. He felt that enough time had been given to Mr Turner to provide
evidence in support of his objection.
Councillor Bigham commented that this was not a Council initiated process as
the objection came from Mr Turner. She felt that he had enough time to
prepare his appeal.
Councillor Armstrong asked what items in the report could be disputed. Mr
Marinovich replied that the background included a timeline of events and he
did not consider that they could be disputed. He added that the information
relating to the District Court and High Court could not be disputed. The current
practice and legislative considerations could not be disputed. He added that
the Council Officers had presented the options that they considered available
to the Committee which could be disputed by the applicant if he felt that there
was a better option to consider. He noted that under Section 26 Mr Turner
had been given the right to object to the disqualification.
Councillor Hohaia asked about the timeline since the notification of the
hearing taking place. Mr Single replied that a letter was sent to Mr Turner
notifying him of the time and date of the hearing on 30 July and the report was
sent out to Mr Turner at the same time as the Committee members.
Councillor Wards commented that Mr Turner had initiated the review himself
and was aware of the time he had available to put together his evidence in
relation to the objection to the disqualification.
The motion to adjourn the hearing was lost.
Mr lan Turner
Mr Turner advised that he had only received the report on Wednesday
afternoon and he was already sick at that point. He came into town to speak
with Miss Cook and Mr McKenzie to advise them he would be asking for an
adjournment as he did not have time to prepare his case.
Mr Turner noted that he did not find anything funny about an inaccurate report
which put him in a bad light. He noted that the background information
referred to the seriousness of the attack, however, the Court of Appeal Judge
had said that on a scale of dog bites this one was a nothing.
145
Councillor Wards commented that Mr Turner was referring to a matter that
went before the Courts and the Committee did not have any jurisdiction to
take into account or discuss the Court's decision. Mr Turner replied that he
was outlining the elements within the report that were inaccurate such as the
bite and injuries sustained being minor.
Mr Turner added that the report also did not include information relating to the
charges that had been dropped during the High Court appeal. He added that
the main charge had also been nearly dropped as the Judge had raised the
point of joint ownership which referred to Mr Turner not being the one in
charge of the dog at the time of the attack. He added that the person in
charge of the dog did not have the authority to take the dog and he should
have been charged rather than Mr Turner.
Mr Turner noted that the report outlined that he had owned six dogs during his
time in the South Taranaki District, however, he had actually owned at least
nine dogs. Mr Turner also added that various infringements had been thrown
out by the Courts. Mr Turner was also unhappy that the Council did not grant
him an adjournment when he was too unwell to prepare his case. He felt that
this was an insult to himself and everyone in the room.
Mr Turner referred to the conclusion in the report where it indicated that he
had continued to refuse to comply with the menacing classifications and noted
that he had admitted in Court that he takes his dogs to a country road to run
where they were unmuzzled, however, nobody else was around. He noted
that dogs could not be run with a muzzle as they were unable to pant and
would likely to have a heat stroke.
Mr Turner outlined the comment in the report that he objected to several
decisions made by the Council and agreed that he did especially when the
basic facts in the report were not correct.
Mr Turner referred to the incident with his black Great Dane, Porche, who had
attacked a dog called Biggles in the Park. He noted that it was guaranteed
that there were a number of complaints against Biggles as he rushed at
people constantly. He added that every time he had walked past the property
where Biggles lived he would rush out. He noted that during the incident at the
Park his dog had become sick of getting challenged by Biggles and had done
what any other dog would have done and bit him. He noted that the bite had
not been a hard bite and Porche had come back immediately when he had
been called.
Mr Turner advised that he had informed the Council that the paperwork was
almost complete to take the Council to court for failing to adequately provide
for his dog. He noted that he dog had been in perfect condition when it had
been taken by the Council and he had then viewed a photo of the dog after it
had been euthanized and he had been disgusted at the state of the dog.
Mr Turner advised that he worked with a number of troubled young boys and
they had questioned why he had the dogs. He had replied that it was because
he considered the dogs to be his family. He felt that the dogs trusted him and
were comfortable with him and Floyd would not bite anyone if he had been
walking him.
Mr Turner advised that he had told the boy who had been walking Floyd at the
time of the attack that he was not allowed to take him out and that if he
wanted to take him he needed to be on a short lead and muzzled and he was
not to go near any person. He had also advised the boy that he was to wake
him up if he did decide to walk the dog.
42
146
Mr Turner felt that the Committee had already made their decision and he
would appeal that decision. He left the meeting prior to the Committee being
able to ask any questions.
Councillor Wards noted that Mr Turner had referred to joint ownership and
asked for some clarification around this. Mr Single replied that the dogs all
were registered to Mr Turner
Councillor Armstrong asked for clarification on the points raised and whether
they should be discussed by the Committee. Mr Marinovich replied that the
statements were factual findings made by the High Court and there was no
room for the Committee to dispute that information. He noted that Mr Turner
had been convicted and that conviction had been upheld by the High Court.
He noted that a number of issues had been raised during the prosecution and
the hearing, however, none of those circumvented the fact that Mr Turner was
found to be at fault.
Councillor Bigham expressed her frustration that Mr Turner had left the
meeting without answering any questions. She noted that the Committee was
not there to second guess the ruling by the Court or to re-litigate past issues.
She was unable to understand the grounds of Mr Turner's appeal and felt that
the only option was to uphold the recommendation contained within the
report. She felt that Mr Turner did not provide any information that would help
to overturn the disqualification.
Councillor Beccard asked if the Committee was able to make the decision
when it had already been to the High Court. Mr Marinovich replied that once
the conviction had been confirmed by the High Court the Committee was then
able to disqualify Mr Turner from owning a dog. Once this decision on the
disqualification had been reached then Mr Turner was able to appeal that
disqualification.
Mr Marinovich clarified that the Committee was able to uphold the
disqualification, bring forward the date of termination or immediately terminate
the disqualification of any person.
Mr McKenzie noted that Mr Turner had raised the point that it was not a
significant injury, however, he tabled photographs of the attack. Mr Marinovich
added that the High Court had indicated that a bite to the arm as opposed to
the face was not as serious, however, it was still a dog bite.
Councillor Powell said that it appeared to him that there was a continued lack
of responsible dog ownership. He noted that while someone else may have
been walking the dog it was still his dog and he needed to accept
responsibility.
Councillor Bigham noted that she seconded the motion to uphold the
disqualification on the basis that no evidence had been submitted to the
Committee that could convince her otherwise.
Councillor Beccard commented that there was an issue with the wellness of
the applicant and whether he was in a fit and able frame of mind to attend this
hearing which was the reason he had voted for an adjournment.
43
147
(Cr Poweii/Cr Bigham)
RESOLUTION
37/13 EH
44
THAT the disqualification of Mr lan Basil Turner from being an owner of
a dog for five years be upheld.
CARRIED
(b)
Regulatory Services Manager
(i)
Dog Control Practices and Policy
The Dog Control Practices and Policy repo rt contained information and
statistics relating to the dog control activity for the year 1 July 2012 to 30 June
2013.
RESOLUTION
38/13 EH
(Cr Bigham/Cr Armstrong)
THAT the Regulatory Services Manager's report on Dog Control
Practices and Policy for the year 1 July 2012 to 30 June 2013 be
received.
CARRIED
Mr Langford asked for confirmation that from 2009 to 2013 there had been a
46% decrease in dog rushing/dog attack incidents. Mr Single had not worked
the percentage out but thought this was correct.
Mr Single outlined that the Officers were continuing to exercise their
enforcement of the Dog Control Act strictly with less people being hurt in the
street. He noted that they were proud of their achievements. Councillor Wards
commented that it was good to see the reductions.
Councillor Armstrong commented that general dog complaints had increased
considerably and questioned why this had occurred . Mr Single replied that
these complaints related to general day to day items such as welfare issues.
He added that the Council was also working closely with the SPCA where
they were investigating a variety of minor type complaints .
Councillor Hohaia noted that Wai-inu Beach was not on the list of unleashed
or prohibition areas again this year. Mr Single replied that he would need to
check the Bylaw.
Councillor Wards noted that the Patea Domain was listed as an unleashed
area and asked if this referred to the sports ground, noting that the golf
course at Patea was part of the Patea Domain land. He questioned whether it
would be wise to have this as an unleashed area when the golf course often
had sheep on it. Mr Single replied that he would check the Bylaw. Miss Cook
noted that playing fields were generally dog prohibited areas. Councillor
Bigham noted that this was the same issue at the Manaia Domain as she
often saw dogs within the sports fields there. Mr Single noted that some of the
signage stating this information had been removed . He added that the
Officers would be reviewing this Bylaw early in 2014 ..
Mr Marinovich left the meeting at 3.29 pm.
Councillor Bigham congratulated the Officers on their dealing with dog owners
and the animals asked that this be passed onto the relevant Officers.
148
39/13 EH
45
RECOMMENDATION
THAT the Council approves and adopts the report on Dog Control
Practices and Policy for the 2012/13 year and it be made publicly
available.
CARRIED
3
INFORMATION REPORT
(a)
(i)
Annual Liquor Licensing Report
A copy of the Annual Report to the Alcohol Regulatory Licensing Authority
(ARLA) for the year ending 30 June 2013 was provided for information.
Councillor Armstrong noted that there was a gap between the number of
applications received and the number of applications determined and asked if
they had been carried over. Miss Cook confirmed this noting that some of the
applications had been received, however, some information had not been
received by the Police of other reporting agencies prior to year end.
(Cr Beccard/Cr Bigham)
RESOLUTION
40/13 EH
THAT the Regulatory Services Manager's Annual Liquor Licensing
Report be received.
CARRIED
4
(Cr Bigham/Cr Hohaia)
RESOLUTION
41/13 EH
THAT the following items be considered with the public excluded
pursuant to Section 48(2) of the Local Government Official Information
and Meetings Act 1987 for the reasons contained within the minutes:
4.1
Minutes
(a)
4.2
Special Environment and Hearings Committee meeting
held on 18 July 2013
Information Report
(a)
Environmental Monitoring Officer
(i)
Resource Consent Monitoring
Councillor Armstrong noted that he did not support having the Resource
Consent Monitoring report in public exCluded. He felt that there was some
merit in a naming and shaming attitude. Councillor Bigham suggested that at
the end of the discussion the report could be made public.
CARRIED
149
5
RESUME OPEN MEETING
(Cr Armstrong/Cr Powell)
RESOLUTION
47/13 EH
46
THAT the Environment and Hearings Committee resume in open
meeting.
CARRIED
The meeting concluded at 4 .25 pm
Dated this
day of
CHAIRPERSON
2013.
72
47
lwi Liaison Committee
Nga meniti o te Komiti Takawaenga-a-lwi it e ROnanga o te whare matua o te Kaunihera, kei
Te Hawera o 28 Here-turi-koka 2013, ka timata o te 10.00 o te ata.
Minutes of the lwi Liaison Committee meeting held in the Council Chamber, Albion Street,
Hawera Wednesday 28 August 2013 commencing at 10.00 am.
NGAMEMAOTE
KOMITII PRESENT:
Councillor Ballantyne (Chairperson), Councillor Wards, Mr Peter
Moeahu (Taranaki), Mr Ernest Gripp (Nga Rauru), Mr George
Katene (10.05), Ms Mana Jenkins (Nga Ruahine) and Mr Sandy
Parata (Ngati Ruanui).
KEI KONEII
IN ATTENDANCE:
Chief Executive (Mr Stevenson), Group Manager Community
Services (Ms Greenhill), Group Manager Environmental Services
(Mr McKenzie), Group Manager Corporate Services (Mrs Wilson) ,
lwi Liaison Advisor (Ms Morgan), Properties Facilities Manager
(Mr Sargeant) and Support Services Officer (Miss Dymond).
KAORE I KONEII
APOLOGIES:
Mayor Dunlop (Chairperson), Mr Darryn Ratana (Nga Rauru) and
Ms Liana Poutu (Taranaki) .
MOTINII RESOLUTION
18/13 IL
(Mr MoeahuiMr Nui)
THAT the apologies from the Mayor, Mr Darryn Ratana (Nga Rauru) and
Ms Liana Poutu (Taranaki) be received.
TAUTOKO I CARRIED
1
KARAKIA TIMATANGA I OPENING KARAKIA
(a)
Mr Peter Moeahu
(i)
Te Kahui 0 Taranaki
Mr Moeahu advised that the new organisation called Te Kahui 0 Taranaki had
been established and would replace the Taranaki lwi Trust in time. He noted
that the contact details would remain the same.
(ii)
Taranaki lwi representation on the lwi Liaison Committee
Mr Moeahu noted that at the Taranaki lwi Annual General Meeting it was
decided to undertake a review of the effectiveness of the lwi Liaison
Committee. There was a feeling the forum was not delivering what was
expected for Taranaki lwi and a submission would be sent to the new Council.
htlp://orionweb/p/doc/dempro/1/Governance/Meeting/IWUiwi Liaison Committee Minutes 2013-08-28.docx
4S
73
(iii)
Coastal Care Trust
Mr Moeahu advised he had recently attended a meeting with the Coastal Care
Trust which is leading the project for a new healthcare facility in Opunake. He
reported that the Trust had been most complimentary about the role of the
Council and its officers in supporting the establishment of the new facility.
2
WHAKAAE 0 NGA MENITI/ CONFIRMATION OF MINUTES
(a)
Minutes of meeting held 17 July 2013
MOTINI/ RESOLUTION
19/13 IL
3
(Ms Jenkins/Mr Katene)
THAT the minutes of the Ordinary meeting held on 17 July 2013 of the
lwi Liaison Committee be received and confirmed as a correct record of
proceedings.
TAUTOKO I CARRIED
PORONGO/REPORTS
(a)
Group Manager Corporate Services, Phillippa Wilson
(i)
Patea Harbour Endowment Fund - lwi Liaison Committee
Involvement
The report provided two options for the possible future involvement of lwi
Liaison Committee members in the allocation of funds from the Patea Harbour
Endowment Fund (the Fund). The Patea Community Board currently act as
gatekeepers for the fund and make recommendations to the Council.
Mrs Wilson noted that there were limited funds available to distribute as the
Fund was currently paying back loans advanced to repair the Patea Moles.
She commented that a considerable amount of money from the fund had also
been allocated to the renovation of Aotea Utanganui - Museum of South
Taranaki. She added that the amount allocated to the museum was loanfunded with interest and principal repayments made from the Fund.
Mrs Wilson pointed out that the final decision on the allocation of funds was
made by the Council. She commented that there would be no surplus funds
available in the near future as the loan repayments on the current loans would
continue for nine years.
Mr Moeahu asked what the point of re-establishing a Patea Harbour
Endowment Committee was, if the Council had the final say. Councillor
Ballantyne replied that the Committee made recommendations which were
considered by the Council when making their decision. He added that at
present the funds were committed but this would not be the case in the
future.
Mr Moeahu asked what the Committee's duties would be in the nine years
while the loan was being paid off. Councillor Ballantyne replied that even
though the Committee would not be required to do a lot it was important that
there was lwi representation on that Committee.
Councillor Wards commented that there were various items that came before
the Committee for example lease renewals and to make recommendations to
hltp://orionweb/p/doc/dempro/1/Governance/Meeting/IWUiwi Liaison Committee Minutes 2013-08-28.docx
74
49
the Council on the work required to the Patea Moles. He hoped that over the
next nine years the work required on the Patea Moles would be minimal
compared to the major work that was previously carried out. He added that
the Fund would increase rapidly once the loans had been paid and felt that it
was appropriate that the Committee re-form incorporating the two lwi from
the area.
Councillor Ballantyne noted that there were other functions which required
involvement of the Committee for example the search of grave sites.
Mr Stevenson pointed out that approximately $1 million had been spent in
recent years on the Patea Moles to keep the River navigable for fishermen.
He noted that the Patea Moles were aging structures that would require
significant maintenance work in the future. He advised that Mr Manning would
be providing information to Council on the maintenance work required over
the next 20 years and that the Council would need to decide whether it was
prepared to continue to invest in this form of river control.
Mr Gripp commented that 90% of the River users were from outside of the
area. He felt that there was a lot of money being injected into the River which
was not being used by the local community. Mr Gripp queried why restoration
work had recently been completed on private property. Councillor Wards
clarified that the work was carried out by Vector as part of its pipeline access
agreement with the landowner in question.
Mr Moeahu supported the recommendation with the addition that the
members of lwi were nominated by Nga Rauru and Ngati Ruanui.
Mr Moeahu suggested that a feasibility study be carried out on the use of the
Patea River. He felt that it was important to have facts which showed
ratepayers the community benefits.
RECOMMENDATION
20/13 IL
(Mr Moeahu/Mr Gripp)
THAT the Harbour Endowment Fund Committee is re-formed comprising
members of the Patea Community Board and members nominated by
Nga Rauru and Ngati Ruanui.
TAUTOKO I CARRIED
(b)
lwi Liaison Advisor, Karanga Morgan
(i)
Progress Report: Jefferson Rakau Report, Protocols for
Resource Management Matters and surplus Property
Protocols
The report provided an update to the Committee on a number of outstanding
tasks with the Jefferson Rakau Report, Protocols for Resource Management
matters and Surplus Property.
Mrs Wilson noted that this report was requested by the Committee in January
then relooked at in April, however the Committee deferred the prioritisation to
the next meeting so that an informal meeting could be held to discuss the
report prior to the next meeting. This informal meeting did not take place. She
asked if the Committee were in a position now to prioritise the tasks.
Mr Moeahu felt that this was in the hands of the Council commenting that it
puzzled him why the Council did not see fit to have lwi participation on the two
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/IWUiwi Liaison Committee Minutes 2013-08-2B.docx
75
Council Standing Committees; Policy Development Committee and the
Environment and Hearings Committee. He commented that this would result
in direct lwi input into Council decisions. He appreciated receiving the Council
agendas which were for his information but he did not support receiving them
and not being able to provide any input. He noted that Taranaki wanted to
maintain a good relationship with the Council but was unsure if this forum (the
Liwi Liaison Committee) was the best way forward. He added that he hoped
the new Council would take these comments into consideration.
Councillor Ballantyne commented that he saw the Committee as equivalent to
the Community Boards. He clarified that the Environment and Hearings
Committee was a legislative body which carry out certain functions required
by legislation and the Policy Development Committee was formed by the
Council to ensure there was the opportunity to fully debate issues before a
decision was reached at full Council.
Mr Katene felt that the Committee needed to take advantage of the
opportunities available at this forum and felt that lwi needed to decide what
they wanted to obtain from this forum.
Mr Moeahu commented that from his perspective it was about having
influence on Council deliberations. He felt that if lwi were able to participate at
a Council Committee level then it was one small step for the Council but a big
step for lwi. He supported this being considered by the new Council.
Councillor Ballantyne pointed out that in 2011 the lwi Liaison Committee had
an opportunity to select two lwi representatives to sit on the Council but this
was not supported by all lwi. He supported a workshop being held with all four
lwi to obtain united support. He suggested that this be included in the next
agenda.
Mr Nui advised that Ngati Ruanui had not made a statement regarding this but
felt that all four lwi needed to sit down together and discuss a way forward. He
noted that this was important as the discussions held with lwi could then be
forwarded onto the new Council for consideration.
Councillor Wards felt that lwi had progressed considerably and there were
potentially options available which should be considered by the new Council.
He noted the importance of achieving the goal of Maori involvement with
Council decisions.
4
PORONGO-A-PITOPITO KORERO /INFORMATION REPORT
(a)
Community Development Manager, Claire Symes
(i)
Community Development Activity Report
The report provided an update to the Committee on the current work
programme in the Community Services unit.
Mr Moeahu asked if a study was carried out on the Solar Heating at the Patea
Main Pool and asked if this could be shared with others. He commented that
various marae were looking at installing solar heating but would benefit from
access to such information.
Mr Stevenson commented that Council would be happy to share any
information but he was unsure how useful it would be as it related specifically
to the installation at the Patea Pool.
hltp://orionweb/p/doc/dempro/1/Governance/Meeting/IWUiwi Liaison Committee Minutes 2013-08-28.docx
50
76
51
Mr Moeahu asked if shading would be installed at the Patea Pool. Ms
Greenhill confirmed this adding that funding was included in this financial year
and shading would be installed prior to the rural pool season beginning.
Mr Gripp raised concerns regarding the condition of the seats surrounding the
Pohutakawa Trees in Memorial Park. He commented that the seating had
partly been removed and asked when the Council were reinstating it. Mr
Sargeant advised that the structure underneath the seating was rotten noting
that Council Officers would look at replacement options.
Mr Gripp had concerns relating to the sand build up around the barbeque
areas at the Patea Beach and asked that this be attended to before summer.
Mr Sargeant confirmed that maintenance work was scheduled and would be
an ongoing project. He added that the roofs on the three remaining she lters
would also be replaced.
Mr Gripp raised concerns regarding the Hunter Shaw Building being an
earthquake risk as he felt that more and more buildings were being removed ,
for example the Town Hall, without being replaced. Councillor Wards
commented that it was too early to contemplate the removal of the Hunter
Shaw Building adding that a structural report would be obtained and
presented to the Council.
Mr Stevenson noted that the Council had spent $1.5 million on the Patea Pool
and that the project had exceeded its budget by approximately $100,000
which he had approved under delegation. This meant many smaller jobs, such
as the sun protection would have to wait until funds were available. Councillor
Ballantyne commented that if the Committee were to change the way funds
were allocated to something similar to the Commun ity Boards then the issues
raised could be dealt with through that fund.
Mr Moeahu asked if the Council had any further information on the seabed
mining off the coast. Mr Stevenson commented that Trans Tasman
Resources (TTR) were progressing with their proposal to mine off the South
Taranaki coast and that the consenting would be handled by the
Environmental Protection Agency rather than by the Council. He noted that
TTR had visited and met with the Mayor and himself as a courtesy and to
provide information on what was happening and by when. Councillor Wards
added that public consultation would take place in the near future.
5
KARAKIA WHAKAMUTUNGA
Ko te wa whakamutunga 11.37 o te ata
Time meeting closed at 11.37 am
(Ko te rangi /dated this)
(tera
o I day of)
TIAMANA I CHAIRPERSON
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/IWUiwi Liaison Committee Minutes 2013-08-28.docx
2013.
52
109
Council Policy Development Committee Meeting
Minutes of the Policy Development Committee Meeting of the South Taranaki District
Council held in the Council Chamber, on Monday 2 September 2013, commencing at 1.00
pm
PRESENT:
Mayor R Dunlop (Chairperson), Councillors I Armstrong, A
Ballantyne, A Beccard, K Bourke, P Johnson, G Lawson, M
Powell, M Self and I Wards.
IN ATTENDANCE:
Chief Executive (Mr Stevenson) , Group Manager Corporate
Services (Mrs Wilson), Group Manager Environmental Services
(Mr McKenzie), Group Manager Engineering Services (Mr
Manning), Group Manager Community Services (Ms Greenhill),
Communications Manager (Mr Langford), Support Services Officer
(Miss Dymond) and one member of the public.
APOLOGIES:
Councillors Bigham, Hohaia and Judkins, Eltham Community
Board Representative (Mrs Cave), Egmont Plains Community
Board Representative (Mrs Arlidge) and Patea Community Board
Representative (Mr Honeyfield) .
RESOLUTION
34/13 PO
(Cr Poweii/Cr Johnson)
THAT the apologies from Councillors Bigham, Hohaia and Judkins,
Eltham Community Board Representative (Mrs Cave), Egmont Plains
Community Board Representative (Mrs Arlidge) and Patea Community
Board Representative (Mr Honeyfield) be received.
CARRIED
1
(a)
Council Policy Development Meeting held on 29 July 2013.
RESOLUTION
35/13 PO
(Cr Armstrong/Cr wards)
THAT the minutes of the Council Policy Development Committee
meeting held on 29 July 2013 be received.
CARRIED
2
INFORMATION REPORTS
(a)
Community Partnerships Manager
(i)
Pensioner Housing Update 2012/13
The report provided an update on service delivery and progress towards
achieving the objectives and standards adopted in the 2011 Pensioner
Housing Policy.
Councillor Armstrong asked if the 9% of unhappy tenants was a result of the
units awaiting refurbishment. Ms Greenhill confirmed this commenting that
only 35 responses were received so 9% was a small number.
http://orionweb/p/doc/dempro/1 /Governance/Meeting/pol/Policy Development Committee Minutes 2013-09-02.docx
11 0
53
Councillor Ballantyne commented that overall the results from the Annual
Pensioner Housing Tenant Satisfaction Survey were positive. The Mayor felt
that it had been a good decision to bring the Tenancy Support Services in
house.
RESOLUTION
36/13 PO
(Mayor/Cr Ballantyne)
THAT the Community Partnerships Manager's Pensioner Housing
Update 2012/13 report be received.
CARRIED
(b)
Financial Management Accountant
(i)
Interim Year End Report of 2012/13
The Council's interim year end report for 2012/13 was provided for the
Council's information.
The Mayor was pleased to see that the Council had delivered a surplus of
$12,003.807 for the 2012/13 year compared with a budgeted surplus of
$1 ,576,902. Councillor Beccard asked how that figure equated to the previous
year. Mrs Wilson advised that the previously year was a deficit of around the
same amount. She noted that the previous year's operating surplus was
around $700,000 compared to this year which was around $1 .7 million.
Mr Stevenson advised that detailed discussion had taken place at the
Corporate Portfolio Group meeting regarding the operating su rplus of
$1 ,738,445. He commented that the operating surplus figures reflected the tail
of the storm which ran well into this financial year and the defence on the
fluoridation decision which at year end was approximately $45,000.
Councillor Bourke noted that even though the delayed operating projects were
not included in the 2012/13 figures, this would then affect the following year's
figures. She asked how much of the $1,738,445 was the delayed operating
projects. Mr Stevenson noted that all projects were intended to be completed
within the year but it did not always work that way. Mr Langford advised that it
was around $200,000 adding that this was for maintenance costs not for
projects.
Councillor Ballantyne asked if the increase in insurance premiums was a
result of the Christchurch earthquakes. Mr Stevenson confirmed this
commenting that insurance premiums had rocketed considerably. Councillor
Self commented that this was the trend in shops on High Street which was a
problem moving forward .
Councillor Armstrong commended the Council's Finance Team on the
extremely good job they had done which had allowed the finance business
and budgeting to run seamlessly.
Councillor Armstrong commented that the Corporate Portfolio Group were
essentially the audit committee where discussions were held and issues were
raised but supported Audit New Zealand meeting with the full Council with the
final report. The Mayor agreed.
hltp://orionweb/p/doc/dempro/1/Governance/Meeting/poi/ Policy Development Committee Minutes 2013-09·02.docx
111
54
Councillor Armstrong supported Audit meeting with the Council three times a
year. He commented that the first meeting could be to run over the audit
plans, the second meeting to discuss the interim report and the last meeting
for Audit New Zealand to present the final report. The Mayor noted that the
third meeting could be when the report was presented to the full Council.
Mr Stevenson pointed out a couple of amendments that were made to the
performance measures after the agenda had been produced. He noted that
the words Not Achieved had been changed to Not Measured for one under
Arts and Culture and one under Heritage as the percentage would come as a
result of a survey which had not been included. Mrs Wilson noted that next
year the performance measures would be mandatory measures set by the
Government.
RESOLUTION
37/13 PO
(Cr Ballantyne/Cr Armstrong)
THAT the Finance Manager's Interim Year End Report for 2012/13 be
received.
CARRIED
3
RESOLUTION
38/13 PO
(Cr Bourke/Cr Lawson)
THAT pursuant to Section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the reasons in the minutes the
public be excluded to enable discussion on:
4.1
Minutes
(a)
Council Policy Development Committee Meeting held on 29
July 2013
CARRIED
5
RESUME IN OPEN MEETING
RESOLUTION
40/13 PO
(Cr Ballantyne/Cr Wards)
THAT the Council Policy Development Committee resumes in open
meeting.
CARRIED
Dated this
day of
2013.
CHAIRPERSON
http:l/orionweb/p/doc/dempro/1/Governance/Meeting/pol/Policy Development Committee Minutes 20 13-09-02.docx
112
Minutes of the Council Policy Development Meeting of the South Taranaki District Council
held with the public excluded on 2 September 2013.
1
MINUTES
(a)
(i)
Council Policy Development Committee meeting held on 29
July 2013.
(Mayor/Cr Johnson)
RESOLUTION
39113 PO
THAT the public excluded minutes of the Policy Development
Committee meeting held on 29 July 2013 be received and confirmed as a
correct record of proceedings.
CARRIED
2
RESUME IN OPEN MEETING
RESOLUTION
40/13 PO
(Cr Ballantyne/Cr Wards)
THAT the Council Policy Development Committee resumes in open
meeting.
CARRIED
Dated this
day of
2013
CHAIRPERSON
http://orionweb/p/doc/dempro/1/Governance/Meeting/poi/_Public Excluded/Public Excluded Policy Development Committee
Minutes 2013-09-02.docx
~
South Taranaki
District Council
Report
Central File Ref
To
From
Date
9 September 2013
Subject
Playground Review- Consultation
775/01
(This report shall not be construed as policy until adopted by full Council)
1.
Executive Summary
Council Officers have been researching and drafting a Playground Review covering
all thirty six playgrounds across the District. The Draft Review has been tabled at the
Engineering Portfolio Group meetings which supported the on-going research and
draft proposals and requested the draft document be taken to the four Community
Boards for their input at a local level.
The four Community Boards gave their feedback, which included some comments
regarding their local playgrounds and all Boards fully supported the need for
consultation with the affected local communities.
There are three options to consider from this point on; Option 1: going ahead with the
consultation on the Playground Review, Option 2: retaining the status quo or Option
3: taking the draft policy to the Council as it stands. The preferred option is : Option 1 - THAT Council Officers consu lt with the affected communities on the Draft
Playground Review.
2.
Background
The Council has thirty six playgrounds spread across the District. Their locations are
based on historic use from pre-amalgamation times.
During 2012, the Property and Facilities unit researched and developed a
methodology for a Draft Review of the district playgrounds. The intention is to identify
any financial savings and ensure there is equity in levels of service across the
District.
The Draft Review is looking at maintaining a playground in each urban area within
one kilometre of all residents. It also recognises that there will be some exceptions to
this for seasonal destinations such as Wai-inu Beach in the South and Rawhitiroa
Pool in the East.
The type of playground for each town is listed in the table below.
Recreation and Leisure -Information Services!Technology- Parks and Reserves- Operations
Created on 29 August 2013
Page 1 of4
56
57
Population less than 1,000.
Waverley, Normanby, Manaia
and Kaponga
One premier
Population between 1,000 and
3,000. Patea, Opunake and
Eltham
One Premier, one
standard and one
NeiQhbourhood
Population more than 3,000.
Hawera
One premier and
one standard in
the urban area of
1 km from the
centre
or
One standard
and one
neighbourhood
Plus
One standard
playground in
each peripheral
area
Council Officers have held an informal meeting with Community Board members.
Each meeting supported the notion of the review and made comments specific to
playgrounds within their Ward.
The one common theme was the need to publicly consult with the affected
communities as playgrounds were seen as matters of high public concern.
As the Draft Policy stands to date, there is potential to save $397,000 over the course
of the Long Term Plan. This is because some towns have some playgrounds closer
together than the one kilometre distance mooted in the Draft Policy.
2.1
Existing Council Policy
There has not been a comprehensive review of playgrounds since the introduction of
the 'Safeplay' Policy in 1995. This was a 'one-off' policy where only the standards of
safety within existing playgrounds were reviewed. It did not consider their locations,
accessibility to users or future costs.
2.2
Current Practice
Playgrounds are maintained to current New Zealand Standards. They are inspected
and reported on in regard of reactive maintenance under the Council's Greenspace
Contract.
2.3
Legislative Considerations
There are no legislative considerations other than playgrounds are considered to be
buildings under the Building Act and as such are required to have consents for any
changes to them.
2.4
Community Outcomes Affected/Impacted
This report supports the outcome of a Connected South Taranaki as it provides for a
safe and reliable infrastructure as the playgrounds will continue to meet safety
standards and the public will have fair access to !hem.
2.5
Impact on Maori/lwi
lwi will have fair and equitable access to playgrounds and be involved in the
consultation process as users of the playgrounds.
Recreation and Leisure- Information Servicesffechnology- Parks and Reserves - Operations
Page 2 of 4
58
3.
Discussion/Evaluation
During the informal meetings with the Community Boards, the one common aspect
was the need to consult with the affected public on the Draft Playground Policy. This
report seeks the approval of the Council to proceed with that consultation before a
second Draft Policy is written.
It is anticipated that the consultation will take the form of advertising for comments
from the public and intervention survey with playground users to assess use of the
playgrounds and seek information for future playground design. This would take place
during the December 2013 to February 2014 school holidays.
The cost of advertising is $1 ,000 and the cost of the survey is $6,000 which is the
salary for a student to undertake the survey. All these costs are able to be absorbed
into existing budgets.
3.1
Option(s) available
Option 1 - Proceed with the community based consultation on the Draft
Playground Review
Option 2 - Do not proceed with the consultation on the Draft Playground Review
Option 3 - Proceed with the review with the draft policy going directly to the
Council
Option 1 - Proceed with the consultation ; means that once completed, Council
Officers will have a good indication of the public feeling regarding the Draft
Playground Policy and how it will affect playground users and the local communities
they serve.
The consultation would be based on the local communities the playgrounds serve as
that would attract the actual users rather than a fully public survey which may attract
opinions from outside the affected areas which would have less legitimacy.
Option 2- Do not proceed with the Consultation; means that Council Officers will not
have access to information from the playground users and local communities on how
they feel about the Draft Playground Policy so there would not be any progress on the
overall playground review and the status quo in terms of the amount of playgrounds,
levels of service and future costs would remain as they are.
Option 3- Proceed with the review with the Draft Policy going directly to the Council:
means that the detailed Draft Policy would go to the Council with a recommendation
for adoption as it stands now and without any community based consultation.
Therefore the protocol of urban residents living within one kilometre of a playgrou nd
and the disposal of some playgrounds as they reach the end of thei r useful life would
be presented to the Council without any community input.
4.
Conclusion
Option 1 is the preferred option as it takes into account the viewpoint of affected
communities which will affect them for the long term future , particularly for families
and children .
Recreation and Leisure -Information Services!Technology- Parks and Reserves- Operations
Page 3 of 4
58
5.
Recommendation
THAT Council Officers consu lt with the affected communities on the Draft Playground
Review.
~:
John Sargeant
[Seen by]
Brent Manning
Group Manager Engineering Services
Recreation and Leisure- Information Servicesffechnology- Parks and Reserves- Operations
Page 4 of4
South Taranaki
District Council
Report
Central File Ref
To
Mayor and Councillors
From
Regulatory Service Projects Officer- Adrienne Cook
Date
23 September 2013
Subject
Deliberations Report - Bylaw Review 2013
[Click here]
(This report shall not be construed as policy until adopted by full Council)
1
Executive Summary
This report provides information to assist the Council during the Deliberations Phase
of the Bylaw Review 2013.
The information provided includes an overview of submissions received during the
submission and hearing phase, the officer's response to those submissions, the legal
review of the bylaws and any other amendments suggested by the officers.
The Bylaws being reviewed at this deliberations phase are:
•
Speed Limits Bylaw 2013
•
The Keeping of Animals Bylaw 2013
Cemeteries (Amendment) Bylaw 2013
•
•
Public Swimming Pools (Amendment) Bylaw 2013
Heavy Motor Vehicles Bylaw 2013
•
•
Solid Waste Bylaw 2013
•
Wastewater Bylaw 2013
•
Water Supply Bylaw 2013
•
Food Safety Bylaw 2013; and
•
Tattooists, Beauticians and Body Piercers Bylaw 2013.
2
Background
On 18 March 2013, a report was presented to the Policy Development Committee
highlighting the need to introduce new bylaws, and the need to review some of the
Council's current bylaws. The report was accompanied by the Regulatory Impact
Statement, which highlighted the reasons for review or development of each of the
proposed bylaws. The Council agreed that a review was required.
On 10 June 2013, a report was presented to the Policy Development Committee
which contained a Statement of Proposal document. The document included the
proposed new bylaws and the amendments proposed to the current bylaws. The
Council made minor changes to the Statement of Proposal, and agreed that the
document be released for public consultation, in accordance with the Special
Consultative Procedure.
On 11 July 2013, the submission phase was opened for the general public to make
submissions on the proposed bylaws and amendments. The submission phase
closed on 8 August 2013, with fourteen submissions received.
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report· Bylaw review 2013 · 2013·09·30.docx
Created on 6 September 2013
Page 1 of 17
60
61
On 4 September 2013, a Special Council meeting was held to hear the submissions.
Four people attended the meeting, to speak directly to Council ; ten submitters
requested that the Council consider their written submissions.
This report is provided to the Council for the deliberation phase of the bylaw review. It
provides an overview of the submissions received, a summary of the information that
submitters provided during the hearing, the officers responses to points raised by the
submitters, and the legal review of the Bylaws by the Council solicitors.
2.1
Current Practice
Under the Local Government Act 2002 (LGA) , a Territorial Authority (TA) is given
powers to make bylaws to ensure that the community is protected from nuisance, to
maintain public health and safety and to minimise the potential for offensive behaviour
in public places.
Bylaws require regular reviews as per the LGA, which states that a new bylaw is to be
reviewed after five years and every ten years thereafter.
2.2
Legislative Considerations
The LGA clearly defines the requirements for every TA, when they undertake the
development or review of bylaws. There is a clear procedure that is followed to
ensure that a bylaw is the best possible option to address the perceived issues and
that the public are consulted through a Special Consultative Procedure (SCP).
It is a legal requirement that a review of any bylaw undergoes the same rigorous
procedure, whether it is for a completely new bylaw or to review a current one. This is
so that during the regulatory enforcement of any bylaw, the Council does not come
under any legal challenge in a court of law, and can prove that a thorough
development of a bylaw was undertaken using the process set out under the LGA.
2.4
Impact on Maori/lwi
Maori and lwi will benefit from all the community outcomes mentioned above, by
providing a safer environment through the development of bylaws, protecting the
rights of people and their property.
2.5
Legal Review
The legal review was undertaken by Mr Justin Marinovich of C&M Legal. Mr
Marinovich concentrated on four key questions regarding the review of each of the
bylaws:
1) Does South Taranaki District Council have the power to make such a bylaw?
2) Is the Bylaw repugnant to the general laws of New Zealand?
3) Is the Bylaw certain in its purpose and what is it trying to achieve?; and
4) Is the Bylaw reasonable or are there any breaches of the Bill of Rights Act 1990?.
His comments are included within the discussion section of this report (3.0)
hltp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Created on 6 September 201 3
Page 2 of 17
62
3
Discussion
3.1
Submissions received
The following is a summary of the submissions made and the comments made to
Council by the submitters during the Special Hearing meeting. An Officer response is
included to provide the Council with further information and provide a specialised
response to the points raised by the submitters.
Changes proposed by Mr Marinovich have been included under the legal review
section of each reviewed bylaw. The resolutions have been numbered under each
reviewed bylaw.
Submissions were received on the following bylaws:
Cemeteries, Tattooists, Beauticians and Body Piercers, Wastewater, Water Supply,
Speed Limits, Solid Waste, Heavy Motor Vehicles, Food Safety and Keeping of
Animals Bylaws. Two submissions commented on all bylaws generally (from the
Patea Community Board and Sharon Arlidge).
No submissions were received for the Public Swimming Pools Amendment Bylaw.
3.2
Speed Limits Bylaw
Alan Hawkes ( submittel}
Mr Hawkes presented his submission on the proposed Speed Limits Bylaw, providing
the Council with more background on the intersection of Hori Road/Oru Road across
from the Rawhitiroa School.
Mr Hawkes believes that the intersection is very dangerous. He suggests that a
reduced speed limit around the school should be considered. Changes have been
made to an embankment by the corner which has increased visibility slightly, however
because there is a power pole in the way they were not able to take the embankment
back further to provide more visibility.
Mr Hawkes has witnessed many close calls at this intersection. The level of heavy
traffic utilising the road is increasing due to oil/gas exploration wells in the area.
Officer response to submission (Vincent Lim - Roading Manager)
Their request for a speed limit restriction outside the school is declined. As per Land
Transport Rule: Setting of Speed Limits, the road area outside the school does not
meet the criteria for a speed limit restriction.
However, there is a trial nationally for a variable speed limit for Rural School zones. I
have asked NZTA whether we could add this area to the trial but it was declined due
to the timing. The variable speed limit trial ends in June 2013. NZTA has
recommended that we wait for the result of the trial. There is a new Rural School
guide which NZTA are drafting, for consultation, which may be useful in dealing with
the speed issue at Rural Schools.
Fiona Croot- NZ Automotive Association (submitter)
Ms Croot on behalf of the NZ AA supports the change to the Speed Limits Bylaw.
No response required.
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013·09-30.docx
Page 3 of 17
Tom Cloke and Phil Sandford- NZ Road Transport Association (submitter)
Mr Sandford supports the changes made to the Speed Limits Bylaw.
No response required
Joe and Janice Hawkes (submitter)
Mr and Mrs Hawkes state that they are concerned over the speed of vehicles going
past the Hori Road/Oru Road intersection across from Rawhitiroa School.
Mr and Mrs Hawkes have observed and heard about many near misses over the
years and with the increased number of stock trucks, milk tankers and oil company
vehicles using the road, it can get very busy. They appreciate that a reduced speed
limit would be hard to monitor, but suggest that a reduced speed limit would make it
safer for vehicles that are turning.
Officer response to submission (Vincent Lim - Roading Manager) - as per
response 3.2.2.
Their request for a speed limit restriction outside the school is declined. As per Land
Transport Rule: Setting of Speed Limits, the road area outside the school does not
meet the criteria for a speed limit restriction.
However, there is a trial nationally for a variable speed limit for Rural School zone. I
have asked NZTA whether we could add this area to the trial but it was declined due
to the timing. The variable speed limit trial is finishing in June 2013. NZTA has
recommended that we wait for the result of the trial. There is a new Rural School
guide which NZTA are drafting for consultation which may be useful in dealing with
the speed issue at Rural Schools.
Legal Review Advice
Under clause 5.0 the bylaw should be a "one stop shop" that provides the reader with
as much detail and certainty as possible, therefore full definitions should be provided.
In terms of bylaws repealed (section 3.0), or parts of bylaws repealed, list the bylaws
we are referring to.
3.3
The Keeping of Animals Bylaw
Rowan Chadwick (submitter)
Mr Chadwick states that fencing containment, sturdiness and height be taken into
consideration before any permit is issued relating to the keeping of animals in urban
areas (specifically relating to horses and goats).
Mr Chadwick believes that a neighbour should not have to suffer due to others
inconsiderate actions or have to pay to remedy a problem regarding the keeping of
animals on a neighbour's property. Mr Chadwick believes that the inclusion of fencing
should be explicitly spelt out in the bylaw; whether it is in section 7.0, 14.0 or 15.0.
Officer response to submission (Adrienne Cook- Regulatory Services Projects
Officer)
Requirements such as fencing, neighbour consent, application process and animal
welfare would be addressed in more detail during the permit application process.
There will be a procedure or policy adopted which will cover the more explicit details.
The bylaw would only deal with larger issues i.e. that permits will be issued. The
policy or procedure would provide the details required regarding the permit (such as
fencing and animal welfare).
http:l/orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Page 4 of 17
63
64
Legal Review Advice
Under clause 6.0 the bylaw should be a "one stop shop" that provides the reader with
as much detail and certainty as possible, therefore full definitions should be provided.
Mr Marinovich states that in terms of section 18.0, it shou ld reflect sections 165, 166
and 172 of the Local Government Act in order for it to comply with both the LGA and
the Search and Surveillance Act 2012. Council must have "reasonable grounds for
suspecting" a breach, before entry onto a property can be gained.
Mr Marinovich highlights his concern regarding clause 7.4, which he be lieves is too
broad. He suggests that thought should be given to rewording the clause and being
more specific around what it is trying to achieve. (see recommendation number 8).
3.4
Cemeteries (Amendment) Bylaw
Andrew Blanche- Cleggs Funeral Services (submitter)
Mr Blanche presented his submission on the proposed Cemeteries Bylaw to Council
and reinforced his comments that the NZ Standard 4242:1995 is seventeen years old.
Many other materials are now being used for the construction of monuments, which
are not included in the Standard but are still durable and used by the industry. There
should be allowances made within the Bylaw for these other materials to be used.
The Council should focus more on the Health and Safety specifications when
installing a headstone, rather than requiring a registered monumentalist to install a
headstone. This would allow families the option to make their own headstone and
install it to Council specifications.
Mr Blanche suggested that a handbook for each Cemete ry would allow for changes,
rather than having to go through a bylaw review process to incorporate changes
within a bylaw.
Officer response to submission (John Sargeant- Property Facilities Manager)
The submitter has made comments on Section 10. 7 in regard to approved contractors
installing headstones rather than approved monumentalist. The submission is
supported, therefore the changes are proposed in recommendation number 13.
The submitters comment on the provision of a manual for each cemetery is not
supported. This is because the district cemeteries are all managed under one
contract and one Bylaw. There is not a sufficient change in practice or quantity of
interments to warrant a separate management policy for each cemetery.
The submitter suggested the Council looked at having a monument permit system in
place to ensure the quality of work is managed in accordance with the various
Standards. This is supported and is currently under investigation.
Michael Clegg (submitter)
Mr Clegg elaborated on his submission notes regarding sections 5, 9 and 10 of the
proposed Cemeteries Bylaw. He stated that the Bylaw was good, however it required
a bit of tweaking. He commented that section 5.4 had specific hours that cemeteries
would be in operation. He noted that the hours on Saturday had been reduced and
Sunday was not listed as an operational day.
Mr Clegg wanted the Council to consider incorporating the price of a plot and the
price of a permit for a headstone into one lump sum, paid when the plot is purchased.
He suggested that it would be easier for Council to get the full amount owed at the
point of purchase for a plot, rather than having to collect a headstone permit fee from
an estate at a later date.
http:l/orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report · Bylaw review 2013 · 2013-09-30.docx
Page 5 of 17
65
Mr Clegg made comment on section 5.8 and suggested that Council allow family and
friends to dig graves under the direction of Council staff, as some religions require
families to dig graves. This change would allow for those instances.
Mr Clegg supports section 10.3 which states that no glass items can be placed on a
grave, however Mr Clegg believes that this should also include that no glass items be
placed on the concrete berm strip.
Mr Clegg supports the comments made by Mr Andrew Blanche. He is not sure that
stating the NZ standard 4242:1995 is necessary in the bylaw.
The submitter commented on the hours an interment was allowed to happen saying it
used to be all weekend but was now restricted to Saturday mornings which was seen
as restrictive. This submission is supported, therefore the changes are proposed in
recommendation number 11.
The submitter requested that those attending an interment should be allowed to dig a
grave themselves. This is not supported as it has the clear potential to breach Health
and Safety protocols putting those digging at physical risk of a grave collapsing and
the Council and Contractor under a legal risk of allowing a breach of Health and
Safety Standards to occur.
Daryl Anderson- Headstone Warehouse Limited (submitter)
Mr Anderson supports the implementation of a permitting system for headstones. He
suggests that the Council consider having this included within the plot price, as other
Council's in the region have it as an all in one price. He states that monuments
installed by inexperienced or unskilled people operating in Taranaki has resulted in
poor quality installation or engraving. He suggests that it is not until many years later
that this poor quality becomes apparent. He believes that a permit system will protect
the general public, if a headstone is not attached securely; there is a way to contact
the installer.
Mr Anderson suggests that clause 10.1 be expanded to specify the minimum distance
from the front of the monument to the edge of the concrete berm.
Clause 10.7 be amended to remove the words "An approved person, such as".
Clause 10.8 be amended to remove the words "approved person" and replace with
"monumental mason".
Mr Anderson suggests an inserted additional clause:
"the recommended material for cemetery monuments is Granite. Soft stones, hollow
concrete, plastic, wood, fibreglass and other composite materials are prohibited from
use as no other material has been proven to be more weather resistant and better
able to accept a clear inscription (including matching additions at a later date if
necessary) than any other single material at such a reasonable cost."
Mr Anderson also made comment on keys for access to cemeteries afterhours.
The submitter suggests that a fee for a permit be incorporated into the plot fee. This
would be unfair on those who choose not to have a headstone or choose to install a
headstone in later years and wish to spread the cost of the interment process. The
submitter's comments on section 10.9 are not supported as it is appropriate that any
permit fee should be paid at the time of application rather than the cost absorbed and
paid for when a plot is purchased as this could be years ahead of the actual
interment.
http:/lorionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Page 6 of 17
The submitter's comments on section 10. 1 are supported so there is a mm1mum
distance from the front of the headstone to the lawn surface of at least 150mm. This
submission is supported, therefore the changes are proposed in recommendation
number 12.
The submitter's comments on section 10. 7 are not supported as there is no need for
a monumentalist to be a member of the Monumentalists Association but any preapproved contractor will need to comply with the appropriate New Zealand Standard.
The submitter's comments on section 10.8 are not supported for reasons described
above.
The submitter suggests an additional clause to stop the use of materials for
headstones seen by the submitter as inappropriate. This is not supported. The
customer should retain the choice of headstone material which will be dependent on
their ability to pay, not what is dictated by the local authority for what is a private
purchase.
The submitter comments on having his own key for access to cemeteries. This is not
supported because if we issue a key to one, we would issue a key to all contractors
and lose control of who is working in the cemeteries. This is no reflection on the
submitter but a rule which needs to be applied to everybody.
Kaye Lally (submitter)
Ms Lally suggests in her submission that the bylaw (specifically section 10.0) be
changed , and sub clauses are simplified. She has suggested that the section should
start with positive statements around what Council is responsible for, the use of
tombstones, monuments and headstones, the height of such monuments and the
installation.
Ms Lally suggests that "approved person" should be removed . There is nothing within
the document to explain who an approved person is or how they become approved?
Ms Lally suggests that latter clauses should focus on what is not allowed in
Cemeteries, such as placing of articles, cultivations, what the Council can remove,
which in turn would make the bylaw easier to read.
The submitter comments of the wording of section 10. This is not supported as the
current wording is considered appropriate.
Legal Review Advice
Section 16 of the Burial and Cremation Act 1964 also delegates the Local Authority
with the powers to make Bylaws and this Act should be included within the Bylaw title .
3.5
Public Swimming Pools (Amendment) Bylaw
Legal Review Advice
Mr Marinovich highlighted the inconsistency with terminology for clause 12.0 and
suggests the wording be changed from "Authorised Council Officer" to "Authorised
Officer".
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report· Bylaw review 2013 · 2013·09·30.docx
Page 7 of 17
66
67
3.6
Heavy Motor Vehicles Bylaw
Tom Cloke and Phil Sandford - NZ Road Transport Association (submittef)
Mr Sandford believes that the restriction of heavy traffic along one section of Bridge
Street is unreasonable. He believes that it was agreed that their heavy vehicles could
use that section of the road if they were going at a reduced speed of 30 km/h. He
states that very few vehicles use this short route, but it is done to mitigate safety
issues surrounding the slow manoeuvre of turning vehicles at the intersection with the
State Highway.
The heavy traffic restriction on Bridge Street is not new but already in place since
1994. The submitter request for exemptions to use Bridge Street travelling from
Bridge Street East, will have to be declined as it is not permitted under the Heavy
Traffic Bylaw as there is an alternate route. It can only be a total heavy traffic
restriction or no restriction at all.
Legal Review Advice
Mr Marinovich suggested that Council include section 22AB of the Land Transport Act
1998 in the bylaw title, as it delegates the Local Authority the power to make a bylaw
for such activities.
Mr Marinovich highlighted a typographical error under section 5.0 of the bylaw, which
should state "Land Transport Act 1998".
3.7
Solid Waste Bylaw
Xenia Meier- Transpacific Industries Group (submittef)
Ms Meier on behalf of Transpacific Industries Group supports the intent of the bylaws.
Officer response to submission (Herbert Denton - Operations Engineer)
No response required
Legal Review Advice
Mr Marinovich did not have any suggested changes for this bylaw.
3.8
Wastewater Bylaw
Xenia Meier- Transpacific Industries Group (submittef)
Ms Meier on behalf of Transpacific Industries Group supports the intent of the bylaws.
Her only comment is in regards to section 8.3 of the Wastewater Bylaw, which
requires a consent for trade waste, however there is no information regarding the
application process. She suggests that Trade waste be addressed in a separate
bylaw.
Officer response to submission (Brent Manning - Group Manager Engineering
Services)
The submitter supports the intent of the bylaw overall. The submitter states that Sect
8.3 requires a consent for trade wastes and notes that there is no information
regarding the application process and suggests that trade waste be addressed in a
separate bylaw.
Page 8 of 17
The Council's future intent is to create a separate Trade Waste Bylaw in 2014, with a
full consent process and appropriate charging regime included. For now, in the
absence of a Trade Waste Bylaw, we have identified the nature of liquid wastes that
is defined as trade waste as it is important to distinguish for future application of the
Trade Waste Bylaw. Businesses discharging liquid waste to the sewer that do not
meet the "acceptable discharge" criteria, in the interim will be required to form trade
waste agreements by negotiation with the delegated Council Officer, as is the current
practice. A formal consent will not be necessary or enforceable under the Wastewater
Bylaw.
David Honeyfield- Patea Community Board (submitter)
Mr Honeyfield on behalf of the Patea Community Board supports the bylaws. He
highlights that the only omission that could be found was in regards to the
Wastewater Bylaw. He states that there appears to be no policy on the planting of
trees over waste water pipes.
Officer response to submission (Brent Manning - Group Manager Engineering
Services)
The submission of the Patea Community Board notes that the Wastewater Bylaw
contains no policy on planting of trees over waste water pipes. This is correct. The
Wastewater Bylaw addresses operation of the sewer pipe network and treatment
plants, and conditions for access and places obligations on customers and Council
respectively.
Planting of trees in streets and reserves is to be addressed by a separate policy
(Street Tree Policy) to be separately put before Policy Development Committee and
Council for approval. This policy will also address other tree planting and planning
related matters affecting other utilities and amenities, as well as sewer pipes.
Dr Jonathan Jarman (Medical Officer of Health) - Taranaki District Health Board
(submitter)
Dr Jarman (the Medical Officer of Health) supports the overall content of the bylaws.
Dr Jarman specifically supports the implementation of both the Wastewater and Food
Safety Bylaws.
Officer response to submission (Bent Manning - Group Manager Engineering
Services)
The Medical Officer of Health and Taranaki District Health Board Public Health Unit
submission supports the implementation of the wastewater bylaw in its proposed
form.
Legal Review Advice
Mr Marinovich highlights an omission from clause 9.4 of the Wastewater Bylaw, which
should include the year of the Local Government Act, being 2002.
Officer's review of Bylaw (Brent Manning - Group Manager Engineering
Services)
When reviewing the Bylaw the Officer has identified clauses that require amendment
or an insertion of a new clause. These changes are proposed in recommendations
number 21, 22, 23, 24, 26, 27 and 28.
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Page 9 of 17
68
3.9
69
Water Supply Bylaw
Dr Jonathan Jarman (Medical Officer of Health) -Taranaki District Health Board
(submitter}
Under the Water Supply Bylaw Dr Jarman highlights his concerns regarding section
26.1.2 of the Bylaw in which the Council reserves the right to reduce the flow of water
supplied to the customer without notice. Dr Jarman advises that Council must ensure
that an adequate amount of water is available to meet the domestic needs of that
household and therefore not impacting on the health needs of the household.
Officer response to submission (Howard Wilkinson - Engineering Assets and
Planning Manager)
Council is aware of its obligations to provide an "adequate supply of water" despite
any non-payment or failure to meet the Bylaw.
Legal Review Advice
Mr Marinovich did not have any suggested changes for this bylaw.
3.10
Food Safety Bylaw
Dr Jonathan Jarman (Medical Officer of Health)- Taranaki District Health Board
(submitter}
Dr Jarman (the Medical Officer of Health) supports the overall content of the bylaws.
Dr Jarman specifically supports the implementation of both the Wastewater and Food
Safety Bylaws.
Officer response to submission (Doug Scott- Environmental Health Officer)
No response required.
Legal Review Advice
Mr Marinovich highlighted that Council include the Health Act 1956 in the bylaw title ,
as sections 64 and 65 of the Act authorise a Local Authority to implement bylaws to
promote and protect public health.
Mr Marinovich has suggested an amendment to section 4.0 of the bylaw to include:
"Annual registration: means the annual registration of food premises required by the
Food Hygiene Regulations 1974 and Health (Registration of Premises) Regulations
1966."
Mr Marinovich has suggested an amendment to section 9.0 of the bylaw to include:
"An Environmental Health Officer will annually inspect food premises to provide a
grading for those premises."
Mr Marinovich suggested that Council should give some thought to including mobile
food premises within this bylaw.
3.11
Tattooists, Beauticians and Body Piercers Bylaw
Jason Hardwick- Black Dahlias Tattooing (submitter}
Mr Hardwick presented his submission on the proposed Tattooists, Beauticians and
Body Piercers Bylaw, providing Council more understanding of his submission due to
his expertise as a tattooist. Mr Hardwick stated that hot water is not required in the
wet area of a Tattooists parlour (where the tattooing takes place), as only cold water
is required during the procedure. He stated that hot water is only required during the
wash up phase of the procedure, which would occur in the clean-up area of the
premises.
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report · Bylaw review 2013 · 2013-09-30.docx
Page 10 of 17
Mr Hardwick stated that he believed that every tattooist parlour should have its own
toilet on the premises and should not be shared facilities with other businesses.
Mr Hardwick stated that he believed that all mobile tattoo operators should have the
same laws as professionals working from a shop. He stated that there is a greater risk
of contamination when tattooing is undertaken at home. It is usually done in a kitchen
and it is a place where food is prepared. He questions how mobile tattooists are
disposing of their waste. Not sure if there is a medical waste disposal local?
Hot water and sinks do not have to be in the immediate working area.
The sink must be in a readily accessible position. This submission is supported,
therefore the changes are proposed in recommendation number 43.
Mobile tattooists are required to operate under the same conditions as other tattooist
premises (see clause 19.2). The requirements for toilets are under the Building Act
2004. Bylaws cannot impose greater restriction than legislation.
The submitter has concerns around Council providing operators with enough time to
have premises ready for the bylaw changes. This is provided under clause 2.1.
Local Medical waste disposal can be arranged. Hopefully operators conducting
prescribed processes are already disposing of sharps and all biological or infectious
waste appropriately.
Sharon Arlidge (submitter)
Mrs Arlidge supports the bylaws and comments that the water supply bylaw is well
needed, due to people connecting to the water supply illegally.
Mrs Arlidge states that the detail in the Tattooists, Beauticians and Body Piercers
Bylaw is appropriate, but wanted to highlight that there was no mention of client agecheck within the bylaw.
The Tattooists, Beautician and Body Piercers Bylaw aims to prevent the transference
of communicable diseases and other bacterial skin or wound infections by applying
standards to those persons who practice such operations. Placing a minimum age
restriction for obtaining a tattoo was investigated during the drafting of the bylaw and
it was decided that placing an age restriction does not fit in with the purpose of the
proposed bylaw and the Health Act 1956.
Dr Jonathan Jarman (Medical Officer of Health)- Taranaki District Health Board
Dr Jarman suggests Council consider including the Health Act 1956 as another form
of legislation which would provide an alternative compliance level to the Bylaw.
Dr Jarman has noted that section 8 of the bylaw only goes so far to protecting the
community. There are health risks for the operator/employees if they are working with
any infected clients. Dr Jarman suggests that Council include the Health and Safety
Employment Act 1992, to ensure that workplace hazards for workers exposed to any
risks are provided with appropriate personal protective equipment.
He suggests that it may be appropriate to include the following clause:
"The licensee shall take all practicable steps to ensure the safety of employees while
at work; and in particular shall take all practicable steps to ensure that employees are
not exposed to hazards which include exposure to communicable diseases such as
blood-borne viruses."
Page 11 of 17
70
Dr Jarman recommends that Council include in section 14 of the bylaw, a .specific
provision for tattooists to use approved dyes or inks and to keep a list with details
associated with their purchase or manufacture.
Officer response to submission (Doug Scott - Environmental Health Officer)
It is agreed that clause 4. 1 should include the Health Act 1956. This submission is
supported, therefore the changes are proposed in recommendation number 36.
It is agreed that there should be a clause protecting the employees of the premises.
This submission is supported, therefore the changes are proposed in
recommendation number 39.
The Medical Officer of Health has suggested an inclusion of a clause which covers
the keeping of records for dyes and inks. This submission is supported, therefore the
changes are proposed in recommendation number 41.
Legal Review Advice
Mr Marinovich highlights that the Council may wish to consider including a provision
about age and intoxication under section 11 of the bylaw. He also suggests that
Council may wish to include a provision around consent procedures for each
operator.
Any procedure which invades someone's body in any way, performed without
consent, may be regarded as assault. It is therefore essential that the person
receiving the procedure gives full consent.
The information should be given in a manner which fully explains the nature of the
procedure, the outcomes of it and any risks involved. The information should be
understandable and therefore take into account the age of the person, their
understanding and the language used.
Officer review of Bylaw (Doug Scott- Environmental Health Officer)
When reviewing the Bylaw the Officer has identified clauses that require amendment
or an insertion of a new clause. These changes are proposed in recommendations
number 37, 38 and 42.
4
Conclusion
The amendments and revocations suggested within the recommendations section of
this report (5.0) pose no issues on the rights of a person. These amendments provide
more certainty around particular clauses, provide fewer limitations around clauses
which Council have already consulted on, or provide for less restrictive definitions
under the bylaws.
It is considered that these amendments have not occurred outside the requirements
of the Local Government Act 2002. Council has provided the community with a
chance to submit on the proposed changes to the Bylaws. Some amendments have
occurred due to points made through submissions, and the legislative guidelines have
been followed with regards to those amendments.
hltp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Page 12 of 17
71
5
72
Recommendations
5.1
5.2
Speed Limits Bylaw
1.
THAT clause 3.1 of the Speed Limits Bylaw be amended as follows :
"As from the day this Bylaw comes into force, the South Taranaki District
Council Speed Limit Bylaw 2005 and any previous Bylaw or parts of any
Bylaw and their amendments in force relating to the setting of speed
limits on roads under the control of the South Taranaki District Council
shall be repealed ."
2.
THAT the definition of Road under section 5.1 of the Speed Limits
Bylaw be amended as follows:
"Road means
(a) a street; and
(b) a motorway; and
(c) a beach; and
(d) a place to which the public have access, whether as of right or not;
and
(e) all bridges, culverts , ferries, and fords forming part of a road or
street or motorway, or a place referred to in paragraph {d) ; and
(f) all sites at which vehicles may be weighed for the pu rposes of the
Land Transport Act 1998 or any other enactment"
3.
THAT the definition of speed limit under section 5.1 of the Speed Limits
Bylaw be amended as follows:
"Speed Limit means a speed limit set by or under Land Transport Act
1998, the Local Government Act 1974, the Government Reading Powers
Act 1989, or the Land Transport Rule : Setting of Speed Limits 2003."
4.
THAT the proposed Speed Limits Bylaw, including minor amendments in
appendix one of this document, be adopted.
The Keeping of Animals Bylaw
5.
THAT clause 7.4 of the Keeping of Animals Bylaw be amended as
follows:
"In all areas of the District, no person shall stack or store any offensive
matter within 50 metres from any dwelling, or wholly or partly occupied
building, street, public place, or the boundary of any occupied adjoining
property; in such a way whatsoever as to be or likely to become a
nuisance, dangerous to health, or offensive. "
6.
THAT clause 18.1 of the Keeping of Animals Bylaw be amended as
follows:
"An Authorised Officer may enter land for the purpose of detecting a
breach of a bylaw or an offence against the Local Government Act 2002,
if the officer has reasonable grounds for suspecting that a breach of the
bylaw or if the offence has occurred or is occurring on the land."
7.
THAT clause 18.2 of the Keeping of Animals Bylaw is amended to
section 18.3.
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report - Bylaw review 2013- 2013-09-30.docx
Page 13 of 17
73
5.3
5.4
5.5
8.
THAT a new clause 18.2 be inserted into the Keeping of Animals Bylaw
as follows:
"An issuing officer (within the meaning of section 3 of the Search and
Surveillance Act 2012) may issue a warrant for an Authorised Officer to
enter private property involved in an offence, and seize and impound
property."
9.
THAT the proposed Keeping of Animals Bylaw, including minor
amendments in appendix two of this document, be adopted.
Cemeteries (Amendment) Bylaw
10.
THAT clause 1.1 of the Cemeteries Bylaw be amended to include
"section 16 of the Burial and Cremation Act 1964 and any amendments".
11.
THAT clause 5.4 of the Cemeteries Bylaw be amended as follows:
"Burial services shall take place between the hours of 8:00 am and 4:30
pm Monday to Sunday but not on any public holidays unless approved
by the Council on specific request which may incur additional charges."
12.
THAT a new clause (1 0.1.1) of the Cemeteries Bylaw be inserted as
follows:
"No monument, ornament or other paraphernalia shall be permitted
within a 150 millimetre margin of either side of a concrete berm to
maintain a mowing strip."
13.
THAT clause 10.7 of the Cemeteries Bylaw be amended as follows:
"The installation of tombstones, headstones and monuments must be
undertaken by a pre-approved contractor as defined under the Council's
Health and Safety in the Workplace Policy and have provided evidence
to the Council, of compliance with relevant Standards in regards to the
design, manufacturing and installation of tombstones, headstones and
monuments (NZS 4242:1995 Headstones and Cemetery Monuments
and NZS 3109:1997 Concrete Construction)."
14.
THAT the proposed Cemeteries Bylaw, including minor amendments in
appendix three of this document, be adopted.
Public Swimming Pools (Amendment) Bylaw
15.
THAT all references of "Authorised Council Officer" in clause 12.1 of the
Public Swimming Pools Bylaw be amended to "Authorised Officer".
16.
THAT the proposed Public Swimming Pools (Amendment) Bylaw,
including minor amendments in appendix four of this document, be
adopted.
Heavy Motor Vehicles Bylaw
17.
THAT clause 1.1 of the Heavy Motor Vehicles Bylaw be amended to
include section 22AB of the Land Transport Act 1998.
18.
THAT the definition of Heavy Motor Vehicle under section 5.1 of the
Heavy Motor Vehicles Bylaw be amended to change "1988" to "1998".
19.
THAT the proposed Heavy Motor Vehicles Bylaw, including minor
amendments in appendix five of this document, be adopted.
hltp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report - Bylaw review 2013 - 2013-09-30.docx
Page 14 of 17
74
5.6
Solid Waste Bylaw
20.
5.7
5.8
Wastewater Bylaw
21.
THAT clause 4.1 of the Wastewater Bylaw be revoked.
22.
THAT clause 4.2 of the Wastewater Bylaw be amended to 4.1.
23.
THAT clause 5.5 of the Wastewater Bylaw be amended to include "at
such time as the system is operative".
24.
THAT the reference of "Council Officer" in clause 6.6 of the Wastewater
Bylaw be amended to "Authorised Officer''.
25.
THAT clause 9.4 of the Wastewater Bylaw be amended to include the
full reference of the Local Government Act 2002.
26.
THAT clause 10.1 of the Wastewater Bylaw be amended to include "a
minimum" of five working days.
27.
THAT clause 10.2 of the Wastewater Bylaw be amended to include "a
minimum of twenty" working days.
28.
THAT clause 11.3 of the Wastewater Bylaw be revoked. All subsequent
clause numbers in section 11.0 are appropriately amended in numerical
order.
29.
THAT the proposed Wastewater Bylaw, including minor amendments in
appendix seven of this document, be adopted.
Water Supply Bylaw
30.
5.9
THAT the proposed Solid Waste Bylaw, including minor amendments in
appendix six of this document, be adopted.
THAT the proposed Water Supply Bylaw, including minor amendments
in appendix eight of this document, be adopted.
Food Safety Bylaw
31.
THAT clause 1.1 of the Food Safety Bylaw be amended to include
"section 64 and 65 of the Health Act 1956".
32.
THAT the definition of Annual Inspection under section 5.1 of the Food
Safety Bylaw be added as follows:
"Annual Registration means the annual registration of food premises
required by the Food Hygiene Regulations 1974 and the Health
(Registration of Premises) Regulations 1966."
33.
THAT clause 9.1 of the Food Safety Bylaw is amended to 9.2. All
subsequent clause numbers in section 9.0 are appropriately amended in
numerical order.
34.
THAT a new clause (9.1) is added to the Food Safety Bylaw as follows:
"An Authorised Officer will annually inspect food premises to provide a
grading for those premises."
htlp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013·09·30.docx
Page 15 of 17
35.
5.10
THAT the proposed Food Safety Bylaw, including minor amendments in
appendix nine of this document, be adopted.
Tattooists, Beauticians and Body Piercers Bylaw
36.
THAT section 4.1 of the Tattooists, Beauticians and Body Piercers
Bylaw be amended to include the following:
" f.)
Health Act 1956."
37.
THAT clause 7.1 be amended to replace "Authorised Officer" with
"Council".
38.
THAT a new clause (7.4) is added to the Tattooists, Beauticians and
Body Piercers Bylaw as follows:
"A Licensee and/or occupier shall not continue to operate any Tattooists,
Beautician or Body Piercer premises, if a licence has not been granted
by the Council under section 7.0 of this Bylaw."
39.
"The licensee shall take all practicable steps to ensure the safety of
employees while at work and take all practicable steps to ensure that
employees are not exposed to hazards which include exposure to
communicable diseases."
40.
THAT clause 10.5 of the Tattooists, Beauticians and Body Piercers
Bylaw be amended to 10.6.
41 .
"Every operator is required to keep a list of all approved dyes, pigments
or solutions used for a prescribed process within the premises. The list
must note the product, date of purchase, quantity purchased and
supplier."
42.
THAT under clause 12.1 of the Tattooists, Beauticians and Body
Piercers Bylaw points c) and d) are revoked.
43.
THAT a new point (c) under clause 12.1 of the Tattooists, Beauticians
and Body Piercers Bylaw be added as follows:
"A suitably sized sink for the use of hand washing and equipment
washing be supplied with constant piped hot water and cold water, or
tempered running water at a temperature of not less than 38°C. Soap,
nailbrush and single use towels for hand drying will be provided in a
readily accessible position where any person carries out any prescribed
process." All subsequent points under clause 12.1 are appropriately
amended in order.
44.
THAT the proposed Tattooists, Beauticians and Body Piercers Bylaw,
including minor amendments in appendix ten of this document, be
adopted.
hnp://orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013 · 2013-09-30.docx
Page 16 ol17
75
76
Adrienne Cook
Jim Single
Regulatory Services Projects Officer
http:i/orionweb/p/doc/orgman/1/bylaws/docu/Deliberations Report- Bylaw review 2013- 2013-09-30.docx
Page 17 of 17

Hawera Community Board

Transcription

Similar documents

Nanaimo Regional District Letter to the Honorable Mary Polak Re

Carta satisfacción NatureWorks Villarcayo

First Nations

Huron County Special Council Minutes April 10 , 2015

see full letter here

2014 Annual Meeting

MAR 16 2015 REGULAR COUNCIL PACKAGE

John Campbell

August-September 2013

Huron County Special Council Minutes April 9 , 2015