Agenda of Council Meeting

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Alex Mabin, Public Spaces Policy Planner

Te Take:

Subject:

Management Plan for Reserves in Havelock North

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to obtain a resolution from Council to authorise officers to commence a review of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan (the RMP) adopted in 2015, with a primary focus on the walking and cycling content.

1.2 Tainui, Tanner, Tauroa and Hikanui Reserves are a network of four natural reserves in close proximity in Havelock North, with an extensive network of walking tracks. The reserves are classified as Recreation Reserve or Local Purpose Reserve under the Reserves Act 1977. Council has authority under the Reserves Act 1977 to administer, manage and control these reserves.

1.3 The RMP sets out a 10 year programme of actions to be undertaken in the reserves. Key actions include new planting, signage and furniture, stream restoration and construction of a network of mountain bike (MTB) tracks in the reserves, creating a link in the network between Havelock North Village and Te Mata Park.

1.4 Since adoption of the RMP in 2015 concern has been raised by some members of the community relating to various projects undertaken within the reserves, most significantly within Tainui Reserve. Concerns have also been raised about the impact of carpark provision on Keith Sands Grove (reserve) of visitors to Tainui Reserve. This report sets out the background of the RMP, the concerns raised by some members of the community and options to address the concerns.

1.5 This report concludes by recommending that Council authorise officers to commence a review of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan, with a primary focus on the walking and cycling content, in early 2021. The review will also incorporate the addition of Keith Sands Grove (reserve).

1.6 Council officers will project manage the review however an independent research consultancy will assist with the initial public consultation and data analysis of reserve usage; and external consultants may be utilised to prepare the Draft Reserve Management Plan, informed by feedback received during the first phase of public consultation and specialist reports.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council Meeting receive the report of the Public Spaces Policy Planner titled Management Plan for Reserves in Havelock North dated 28 January 2021.

B) That the Council authorise officers to commence a review of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan (pursuant to Section 41 of the Reserves act 1977) with a primary focus on the walking and cycling content, with the incorporation of Keith Sands Grove (road and recreation reserves). The review of the RMP will also provide the opportunity to address other issues, including: visitor access and parking; recommendations arising from the Cultural Report and Archaeological Report; and any other issues that arise during the process.

3.0 Background – Te Horopaki

The Reserves

3.1 Tainui, Tanner, Tauroa and Hikanui Reserves are a network of four natural reserves located in Havelock North. Keith Sands Grove is a small linkage reserve located close to a key entrance to Tainui Reserve. The five reserves are under the ownership and management of Hastings District Council.

Tainui Reserve

3.2 The approximately 16.4 ha of land contained in Tainui Reserve is vested under the Reserves Act as a mix of Local Purpose (Plantation) and Recreation Reserve. Tainui Reserve is zoned Open Space in the Operative Hastings District Plan and identified in Appendix 63 of the Operative District Plan as OS4‑30, Open Space – Natural. Section 13.1.4 Methods of the Operative District Plan states that the focus of Open Space – Natural Reserves is: “the provision of opportunities to experience nature with visual amenity, physical landscape values, and/or address protection of biodiversity, conservation or restoration.”

3.3 Tainui Reserve has an extensive walking track network which is popular with walkers, runners and dog walkers, as the reserve is a dog exercise (off-lead) area. Tainui Reserve has numerous access points at Keith Sands Grove, Awarua Crescent, Keirunga Road, Tainui Drive and Hikanui Drive. A track connects Keith Sands Grove and Keirunga Road, with the balance of the reserve rising steeply to entrances at Tainui Drive and Hikanui Drive. There is a 750m downhill mountain bike track, starting near the Hikanui Drive entrance and ending where the MTB track merges with a shared track, which both loops back to connect with the downhill MTB section and continues to connect to a short MTB section near the Keirunga Road entrance.

3.4 The reserve has two archaeological sites registered with the New Zealand Archaeological Association: Hikanui Pā (V21/171), located near the Hikanui Road entrance, and terraces/pits (V21/245). A large number of mature plantation style pine trees are located in the reserve, some over 60 years old; in recent years Council has undertaken planting of native species in pockets across the reserve. Mangarau Stream runs through the lower reserve.

Tanner, Tauroa and Hikanui Reserves

3.5 The smaller reserves in Havelock North’s natural reserve network, Tanner Reserve (2.1ha), Tauroa Reserve (4.2ha) and Hikanui Reserve (1ha), are vested under the Reserves Act as either Recreation Reserve or Local Purpose Reserve. The three reserves are all zoned Open Space – Natural under the Operative Hastings District Plan, identified in Appendix 63 as OS4-32 Tanner Street Reserve, OS4-33 Tauroa Road Reserve, OS4-25 Hikanui Reserve.

3.6 The reserves form a popular network of walking tracks. Since adoption of the 2015 RMP, MTB tracks have been constructed through Hikanui Reserve and Tauroa Reserve, providing links to the Te Mata Park MTB track network. There are a variety of plantings throughout the reserves. Similarly to Tainui Reserve, Tauroa Reserve has mature gum and pine trees and Te Kahika Stream runs through the reserve.

Keith Sands Grove

3.7 The approximately 0.15 ha of land contained in Keith Sands Grove is owned by the Hastings District Council and is vested under the Reserves Act as Recreation Reserve. Keith Sands Grove is zoned Open Space (OS7-45) in the Operative District Plan and is classified as Linkage – Urban, which provides for “either the urban linkage: a maintained urban corridor for active transport connection and /or small green space e.g. open spaces set aside with walkways or cycleways and road verges/reserves within Hastings District Council's Parks management (typical linear or less than 0.3 hectare) or the ecological linkages that are minimally maintained that serve as biodiversity linkages and/or water margins e.g. Rural esplanades and stream corridors.”

3.8 Keith Sands Grove is a small reserve located on the corner of Tanner Street and Keith Sands Grove (road), and opposite the southern end of Joll Road. The reserve and road reserve between the reserve and Tainui Reserve is a relatively flat, narrow grassed area, with a number of trees. Mangarau Stream runs along the western side of Keith Sands Grove and exits under Tanner Street. Tanner Street is classified as a Collector Road; Keith Sands Grove and Joll Roads as Local Roads.

3.9 The Keith Sands Grove (road) entrance is a key access point for visitors to Tainui Reserve including pedestrians as well as for vehicle parking.

Reserve Management Plans

3.10 As an administering body under the Reserves Act, Council is required to prepare Reserve Management Plans (RMPs) for the reserves under its management. RMPs identify issues, objectives and policies for the use, development, management and protection of the reserves within the District. Further, they seek to ensure the protection of the natural resources on them, balanced against the recreational needs of the community. Each RMP sets out a 10 year programme of actions to be undertaken in a reserve. Every park and reserve administered by Council has either an individual RMP, is part of a combined RMP with a small group of reserves or is managed under the District Wide Reserve Management Plan.

Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan

3.11 In 2015 Council adopted a combined RMP for the four Havelock North natural reserves (the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan). The preparation of the 2015 RMP included two rounds of public consultation, as required by the Reserves Act, and sets out objectives and policies for the use, management, development and protection of these reserves, over the next ten years. Keith Sands Grove is currently managed under the District Wide Management Plan.

3.12 Actions stated in the RMP include (p36):

· A new walkway between Keith Sands Grove and Keirunga Road

· New MTB tracks in all four reserves, to be constructed by MTB clubs at no cost to Council

· New native and exotic tree planting to replace the ageing pines, poplars and gums

· Restoration of Mangarau Stream (Tainui Reserve) and Te Kahika Stream (Tauroa Reserve) including riparian planting and weed control

· New signage including walking and cycling networks from Havelock North to Te Mata Peak

· New reserve furniture

· Extend carpark on Keith Sands Grove

· New carpark and picnic area on Tainui Drive

3.13 The 2015 RMP identified that the four reserves are viewed as part of a wider off road cycle and walking network for Hastings and Hawke’s Bay, and can provide a link from Havelock North Village to Te Mata Park, which has a network of dedicated MTB tracks, shared tracks and walking tracks. Enabling these reserves to be part of the District’s walking and cycling network is consistent with HDC’s Walking and Cycling Strategies that encourage healthy and alternative travel, which are also supported by HDC’s wider Play Strategy. Walkways and cycleways provide access through reserves and provide valuable alternatives to using the road network.

3.14 The 2015 RMP noted on page 13 that:

“Conflict can occur between walkers and cyclists and separation is desirable in some situations especially where the terrain suits either walking or cycling or a specialist track is developed. Other situations however where good visibility and flatter topography exist allow dual use e.g. a wide 2.4m pathway can permit shared use for both cycling and walking.”

3.15 Section 1.5 Cycling Objectives & Policies states:

“Cycling is encouraged within Tainui, Tanner, Tauroa and Hikanui reserves, specialised walking and cycle paths will be provided together with shared paths through the reserves to facilitate access and use, but to also limit conflicts on tracks with pedestrians, cyclists and dogs.”

Timeline of Key Events

3.16 The timeline of key events relating to Tainui Reserve following adoption of the RMP is set out below, including concerns raised by some members of the community regarding track surfacing, installation of MTB tracks, protection of Hikanui Pā and adverse effects of parking on Keith Sands Grove:

2015

December 2015 Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan adopted.

2017

February 2017 Petition (148 signatories) received by Council requesting gravel placed on tracks in Tainui Reserve be removed and tracks returned to a natural state. The petition requested the stones needed to be removed because “they are very painful for dogs to run on, uncomfortable and unstable for people to walk on and are very hard on bicycle tyres. They present a Health and Safety issue.” (CFM-17-49-1-17-105). Councillors resolved that officers would prepare a report addressing the petition at a future Council meeting.

March 2017 Tainui Reserve Care Group established.

25 May 2017 Petition presented to the Council meeting; Council resolved that (CG-14-1-00253):

· new stone layers be removed as soon as possible;

· Council to work with petitioners and appropriate parties to achieve satisfactory solutions for track surfaces; and

· Officers to review track standards across all parks as part of the 2018/2028 LTP.

August 2017 Aggregate removed from tracks (CFM-17-49-1-17-116).

November 2017 Letter to Council identifying concerns with the effects on Keith Sands Grove from vehicle parking on the reserve.

2018

January 2018 Frame Group completed assessment of walking tracks within Tainui Reserve. The report recommended classification of tracks, track upgrades (including where necessary re-grading, re-routing and resurfacing), together with cost implications.

The Frame Group recommendations are set out in the following documents:

· Park Track Surfacing Assessment (CFM-17-49-1-18-117)

· Tainui Reserve Upgrade Programme, assessment of all tracks and proposals for upgrade including cost implications (CFM-17-49-1-18-124)

· Tainui Reserve Track – Overall Track Masterplan (CFM-17-49-1-18-125)

27 Feb 2018 Council workshop to discuss Frame Group findings, with presentation by Frame Group (CG-14-18-00019).

28 June 2018 Tainui Track Development Report to Council (18/280). Council resolved to upgrade the walking tracks within Tainui Reserve as per recommendations in the Frame Group report, over a period of 8 years for the total cost of $151,930 (CG-14-1-00834).

11 Dec 2018 Meeting between local residents, Councillors and Council officers at Keith Sands Grove to discuss residents’ concerns with vehicle parking and access.

2019

July 2019 Commencement of regular email newsletters to interested parties providing updates on projects being undertaken in the four reserves.

July-August 2019 Completion of the Tainui Reserve downhill MTB track as identified in the 2015 RMP (funded and constructed by Bennelong Mountain Bike Club). The 750m downhill track commences at Hikanui Drive and merges with a shared track. There is a shared track that loops back to connect to the downhill MTB track. This is a shared walking and uphill MTB track. Riders can alternatively continue on the shared track to connect to a sort section of MTB track near Keirunga Road entrance, before continuing on a shared track connecting Keirunga Road to Keith Sands Grove.

Merging of the MTB track with a pedestrian track created a conflict point where the track finished, and entered a shared track area. Safety improvements were undertaken at this point to reduce speed of cyclists entering the shared track.

Signage was also updated to reduce confusion over track usage.

Construction has not commenced on the remainder of the MTB tracks identified in the 2015 RMP and therefore the Tainui Reserve MTB track network remains incomplete.

Jul-Aug 2019 MTB tracks installed in Tauroa and Hikanui Reserves.

August 2019 Upgrades of walking tracks commenced in the reserve.

Aug-Sept 2019 Construction of a new shared track between Keith Sands Grove and Keirunga Road entrances.

2 Sept 2019 Petition from “Friends of Tainui Reserve” (100 signatories) sent to Council requesting MTB track development cease and a declaration that all Havelock North reserves be kept cycle free (CFM-17-49-1-19-130). Petition presented to Council on 26 September 2019 (CG-14-1-01538); (CG-14-1-01557).

13 Sep 2019 Email newsletter issued advising Council would consider the preparation of a new Reserve Management Plan to enable the views of all user groups to be heard before any further work is undertaken: “There will be no new mountain bike tracks built in Tainui Reserve until a new Reserve Management Plan is prepared. Any possible new tracks will be dependent on the outcome of this process.” The newsletter states that track upgrade work would continue.

29 Sept 2019 MTB Open Day/Information Day held to educate riders about responsible use of the reserve and shared use of the pathways.

Sept 2019 Additional signage installed in Tainui Reserve to clearly mark tracks.

6 October 2019 Heritage New Zealand archaeologists visited Hikanui Pa site and advised the site was in reasonable condition, with no damage from mountain bikes in terms of its archaeological integrity.

November 2019 Safety audit of MTB tracks and shared walking/cycling tracks in Tainui and Hikanui Reserves (Tainui and Hikanui Reserves Mountain Bike Tracks Safety Audit, Mark Woods, Peak Safety Limited PRJ20-25-0009). Scope included safety design of the new MTB track and shared pathways including surface, design, safety aspects, hazards & signage; identification of conflict points/cross-over points; current risks & mitigations; recommendations for improvements (ensuring cyclists and walkers remain separated where possible).

Recommendations included: to develop a separate climbing trail for cyclists to reach top of descending trail at Hikanui Road, which could be shared with walkers provided it was “climbing only” for cyclists. Develop clear signage including grading the track. Collect data on incidents & review with a view to modify the nature of the trails or modify user behaviour with signage.

December 2019 Improvement of pedestrian access from Keirunga Road carpark to lower Tainui Reserve.

May 2020 Maintenance on the Tainui Reserve MTB, including vegetation clearance, reshape and repair of track and construction of timber barriers where the MTB track merges with a shared track.

Cultural Report (Mana Whenua Aspirations) and Archaeological Report

3.17 To inform the protection and management of Hikanui Pā (Tainui Reserve) and other archaeological site(s), in late 2020 Council officers commenced the commission of a Cultural Report (Mana Whenua Aspirations) and an Archaeological Report.

3.18 In 2016 Te Manaaki Taiao, the Māori Community Development Unit at Te Taiwhenua o Heretaunga, wrote a report for HDC relating to the eastern escarpment of Te Mata ”Towards an understanding of the Maori (cultural) wellbeing and survival aspirations that Ngā Hapū o Heretaunga have for Te Mata, Te Matā, Te Mata o Rongokako, Te Karanemanema Te Mata o Rongokako.”. Given the close proximity of the reserves to Te Mata and the importance of this land to Māori, Council officers have met with Marei Apatu to discuss whether Te Manaaki Taiao would be willing to prepare a Cultural Report (Mana Whenua Aspirations) to inform the management and protection of Hikanui Pā and the wider area. The scope of this report is to be confirmed.

3.19 The two registered archaeological sites in Tainui Reserve are protected from modification and destruction under Section 42 of the Heritage New Zealand Pouhere Taonga Act 2014. In late 2020 Council officers engaged Gaylynne Carter, Archaeology Hawke’s Bay, to prepare an archaeological report to identify any additional archaeological sites and provide recommendations for future management and protection of the archaeological sites including Hikanui Pā. Ms Carter will prepare her report concurrently with the Cultural Report, enabling her to attend hui with local hapū and incorporate any additional information from this process for her report.

4.0 Discussion – Te Matapakitanga

Council Responsibilities under the Reserves Act 1977

4.1 The Reserves Act sets out how parks and reserves vested under the Act should be managed. This includes requirements for an administering body to prepare an RMP, how an RMP must be prepared and how an RMP can be reviewed or changed.

4.2 Section 41 of the Act sets out the requirements for an RMP, including preparation and changes. Section 41(4) states that an administering body of a reserve “shall keep its management plan under continuous review, so that, subject to subsection (3), the plan is adapted to changing circumstances or in accordance with increased knowledge…”.

4.3 Section 41 of the Act provides for an administering body to either undertake a comprehensive review of an RMP or to change an RMP. If the administering body undertakes a change (as opposed to a comprehensive review), pursuant to section 41(9) the administering body may follow the process set out for preparation of an RMP, that is two rounds of public consultation and hearing of submissions.

4.4 These provisions of the Act provide Council with the ability to review the 2015 RMP, as either a comprehensive review of the entire RMP or to undertake a change to part(s) of the RMP, using the Reserves Act process including two rounds of public consultation.

Community Concerns

4.5 Concerns raised regarding Tainui Reserve since the adoption of the 2015 RMP are primarily from a small number of reserve users, albeit the petitions also represent other members of the community. The petitions presented to Council have been focused on the deposit of gravel on track surfaces and the construction of MTB tracks. Concerns have also been raised by residents of Keith Sands Grove about the impact of vehicle parking on Keith Sands Grove (road and recreation reserves).

4.6 Council responded to the petition presented to them in 2018 by removing the laid gravel, commissioning Frame Group to undertake a track assessment and resolving to implement the report’s recommendations to upgrade tracks within Tainui Reserve.

4.7 Council has responded to concerns raised regarding protection and management of Hikanui Pā by commissioning a Cultural Report and Archaeological Report to be undertaken concurrently in 2021. Section 4.1 Cultural & Heritage Significance and Section 4.2 Tangata Whenua of the RMP provide the opportunity to implement recommendations arising from the reports, or may be altered following the review of the RMP.

4.8 The issues raised by the partial completion of the MTB loop within Tainui Reserve as set out in the 2015 RMP are still unresolved and concern from some members of the community remains about the impact of the tracks in the reserve, particularly the conflict between reserve users. Council has committed in email correspondence its intention to review the RMP with regard to mountain bike tracks, hence this report.

4.9 The review of the RMP with a primary focus on walking and cycling content will provide the opportunity to gather data on users of the reserves, including a count of visitor numbers and type of use. There will also be the opportunity during public consultation to gather specific feedback regarding concerns of reserve visitors and/or support for MTB tracks, while allowing for any other issues or suggestions to be raised during public consultation.

4.10 Council officers intend to commission an independent research consultancy to provide assistance with gathering reserve visitor data and public consultation feedback and analysis, to provide a comprehensive and independent view of community concerns and/or support for walking and cycling within the reserves. The public consultation will also provide the opportunity for any other issues regarding the reserves to be raised and to form part of the process, including access and parking for Tainui Reserve, recommendations from the independent Cultural Report and Archaeological Report and any other issues raised during public consultation.

5.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 Review of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan, with the primary focus on the walking and cycling content of the RMP, plus incorporation of Keith Sands Grove.

5.2 This will also provide the opportunity to:

· Review options for visitor access and vehicle parking at Keith Sands Grove and Keirunga Road entrances.

· Address recommendations arising from the Cultural Report and Archaeological Report.

· Address any other issues or suggestions that arise during the public consultation process.

Advantages

· A review of the RMP with a primary focus on the walking and cycling content will provide the opportunity for all reserve users and stakeholders to have their say on whether or not a network of MTB tracks should be located in the four reserves. This process will focus on the key issue of concern to members of the community with the option for other issues to also be addressed through the process set out by the Reserves Act.

· Following the process set out by Section 41 of the Reserves Act will ensure a clear legislative process is followed, including two rounds of public consultation.

· A primary focus on the walking and cycling content will provide the opportunity, if MTB tracks are on balance supported by the community, to consider the network of reserves as a whole and include detailed design of the MTB tracks as part of the Reserves Act process.

Disadvantages

· The Reserves Act process would take at least 12 months to complete, resulting in delay to projects in the reserves including projects outlined in the Action Plan of the 2015 RMP and access and parking improvements in Keith Sands Grove.

· Financial implications of undertaking a review of the RMP at an earlier stage than anticipated (6 years since adoption; generally RMPs are reviewed every 10 years). While there would be less financial implications for Council compared to undertaking a comprehensive review of the RMP, this option would incur estimated costs of $50,000, for:*

o Administration & Communications (advertising, design & printing)

o Archaeological Report

o Cultural Impact Assessment

o Research consultancy support

o Reserve History

o Reserve Access and Parking Assessment

o Concept Plan

Depending on the results of public consultation, Option One may also incur costs for other specialist reports, such as a Track Assessment.

*Based on the recent Keirunga Gardens Reserve Management Plan costs of approximately $50,000. NB: If an external consultant is engaged to prepare the entire RMP, their fees are estimated to be an additional $20,000 - $40,000, depending on the final scope of the project.

Option Two

5.3 Comprehensive review of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan, plus incorporation of Keith Sands Grove.

Advantages

· The RMP process is prescribed by the Reserves Act and involves public consultation to establish objectives and policies relating to the management of a particular reserve. It is considered that the more contentious issues, for example, whether MTB tracks are retained and extended would be appropriately addressed through an RMP process as two rounds of public consultation provide the opportunity for all reserve users and stakeholders to participate in the process.

· All aspects of the five reserves would be addressed through this process.

Disadvantages

· The process would take at least 12 months to complete, following which implementation of actions would begin dependent on available financial resources.

· There may be repetition of issues addressed and resolved through the RMP process undertaken 6 years ago.

· Financial implications of undertaking a comprehensive review of the existing RMP earlier than anticipated (6 years since adoption; generally RMPs are reviewed every 10 years). Option Two would incur estimated costs of $100,000, for items listed above and the addition of:

o CPTED Audit

o Arboricultural Assessment

o Landscape Plan

Depending on the results of public consultation, this option may also incur costs for other specialist reports, such as a Track Assessment.

Option Three – Status Quo

5.4 Continue implementation of the Tainui, Tanner, Tauroa and Hikanui Reserves Management Plan.

Advantages

· The ability to continue implementation of projects underway since the adoption of the 2015 RMP, including planting and track improvements across the four reserves.

· Financial considerations have been provided within the Draft 2021-31 LTP, with the exception of recommendations arising from the Cultural Report and Archaeological Report.

Disadvantages

· It is likely that concern from some members of the community and the perception that due process has not been followed regarding the introduction of MTB tracks within Tainui Reserve would continue.

6.0 Next steps – Te Anga Whakamua

6.1 The legislative process including the first round of public consultation is intended to commence in February / March 2021. The review of the RMP will be managed concurrently with the preparation of RMPs for Eskdale Park and Frimley Park.

6.2 Two external consultancies will likely be engaged to assist in the preparation of the RMP. A research consultancy will be engaged to provide assistance with the first phase of public consultation and data analysis regarding reserve use. Following completion of public consultation, an external consultant may be engaged to prepare the Draft Reserve Management Plan, which will then be released for the second round of public consultation.

Attachments:

There are no attachments for this report.

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

This proposal promotes the social, economic, environmental and cultural wellbeing of communities in the present and for the future by providing places and spaces for recreation, sustainable use of land resources and to protect the natural resources of the park for future generations.

Māori Impact Statement - Te Tauākī Kaupapa Māori

The proposed Cultural Report and Archaeological Report will inform the review of the RMP.

Sustainability - Te Toitūtanga

The review of the RMP will enable Council to consider the incorporation of sustainable practices into the development and management of the reserves to ensure the protection and enhancement of natural values and environment for future generations.

Financial considerations - Ngā Whakaarohanga Ahumoni

The financial considerations are outlined in the options above. There is provision in the Long Term Plan for undertaking the review of the RMP and also provision for implementing potential outcomes is included in the Draft 2021-31 LTP.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This report has been assessed under the Council's Significance and Engagement Policy as being of low financial significance, however there may be a moderate level of public interest which has led to the recommendation for review of the RMP.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

Due to concerns raised by members of the community regarding projects within Tainui Reserve since adoption of the 2015 RMP, a regular email newsletter has been circulated to reserve users and stakeholders with updates on projects in the reserves. NB: The 13 September 2019 newsletter advised that installation of the MTB tracks would cease until an RMP process was undertaken to address the issue of MTB tracks in Tainui Reserve.

Risks

Opportunity: There is the opportunity to address concerns of some members of the community, taking into account the views and concerns of the whole community.

REWARD – Te Utu

RISK – Te Tūraru

· Use data analytics and public consultation to collect data on reserve use to inform the process and provide the opportunity for all members of the community and user groups to participate in the Reserves Act process.

· Distrust of Council among some members of the community

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

As the Havelock North reserves are located in an urban area, the Rural Community Board will not be a key stakeholder in this project.

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

John Payne, Regulatory Solutions Manager

Te Take:

Subject:

Five Year Bylaw Review

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to obtain a decision from Council on the draft Hastings District Council Consolidated bylaws, dog control policy and statement of proposal for public consultation.

1.2 This issue arises from the five year review of the consolidated bylaw.

1.3 This report contributes to the purpose of local government by primarily promoting performance of regulatory functions for the purpose of reducing public nuisance and more specifically through Council’s strategic objective of community safety through appropriate bylaw controls.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council receives the report titled Five Year Bylaw Review dated 28 January 2021.

B) That for the purposes of Section 155 of the Local Government Act 2002 Council resolves that;

i. A bylaw is the most appropriate way of addressing the perceived problems covered by the proposed consolidated bylaw;

ii. The proposed consolidated bylaw is the most appropriate form of bylaw; and

iii. The proposed bylaw does not give rise to any implication under the New Zealand Bill of Rights Act 1990.

C) That the following be approved:

· Statement of Proposal for the Consolidated Bylaw and Dog Control Policy; and

· Draft Consolidated Bylaw; and

· Draft Dog Control Policy

D) That officers be directed to commence the special consultative procedure in accordance with the timetable contained in this report.

3.0 Background – Te Horopaki

3.1 The Hastings District Council Bylaws were last reviewed in 2016.

3.2 Section 158 of the Local Government Act (LGA) 2002 requires a local authority must review a bylaw made under this Act no later than 5 years after the bylaw was made. The Hastings District Council Consolidated Bylaw is therefore due for review and should be renewed by August 2021.

Dog Control policy

3.3 The Dog Control Act 1996 requires that if a decision is made to review the Dog Control Bylaw the Dog Control policy must also be reviewed. Accordingly, the Dog Control policy is included in the review.

Review process to date

3.4 Internal chapter owners and key external stakeholders were invited to comment on the current bylaw.

3.5 The submissions from the internal chapter owners and key external stakeholders were discussed at a Council workshop on 22 September 2020.

3.6 The proposed submissions/amendments/suggestions were then legally reviewed and the draft bylaw developed, together with the dog control policy and statement of proposal.

4.0 Discussion – Te Matapakitanga

Review Requirements

4.1 When undertaking a review of a bylaw, Section 160(2) of the LGA 2002 requires Council must make the determinations required by section 155 LGA 2002.

4.2 The first requirement is to determine whether a bylaw is the most appropriate way of addressing the perceived problem. This is a two-step process:

· Council needs to be satisfied the perceived problem is something about which it may make a bylaw under the LGA or some other bylaw making power in another statute. Council’s bylaw making powers are principally found in sections 145 – 147 of the LGA 2002 which set out a range of general and specific powers;

· If Council is satisfied the perceived problem can be regulated by a bylaw, Council must consider what other options might be available for dealing with the particular issue. Those options can include:

- Doing nothing

- Adopting policies

- Undertaking public education programmes

- Relying on existing statutory powers

- Relying on contractual rights (if available)

4.3 The second requirement under section 155 is to determine the proposed bylaw:

· Is the most appropriate form of bylaw; and

· Does not give rise to any implications under the Bill of Rights Act 1990

4.4 Under Section 160(3) of the LGA 2002 proposals to continue, amend, revoke or replace an existing bylaw generally require Council to use the special consultative procedure.

Proposed changes included in the draft bylaw and Dog Control policy

4.5 After internal and key stakeholder submissions were legally reviewed, the following proposed

changes have been made and are incorporated in the attached draft bylaw and Dog Control policy.

Bylaws

Public places (Chapter 2)

4.6 A sub-clause has been added 2.2.3 to regulate fires in a public place.

4.7 The definition of processions and public meetings has been amended to read “Events, demonstrations, parades, processions or other public meetings”.

4.8 “Without an approval” was added to sub-clause 2.18.4(a) trading in a public place.

4.9 The speed limit where mobile shops can trade was reduced from 80km to 70km in sub-clause 2.18.4(b).

4.10 The words “without an approval” were added to the end of the list of streets in Schedule D of Chapter 2 (Roads on which the conduct of business from a mobile shop is not permitted).

Dog Control Bylaw (Chapter 3)

4.11 The Ebbett Park off-leash time has been amended from:

- 7.30pm to 7.00am during daylight saving and - 6.00pm to 7.00am during the rest of the year.

To:

- 5.00pm to 8.00am all year round.

4.12 The Keirunga Gardens off leash area has been amended to give a better description of the off leash area as follows. “Along the extent of the western boundary walkway accessed from Tanner Street, and including the open grass area at the southern and northern ends of the park”.

Alcohol Control (Chapter 4)

4.13 Te Mata Peak, from the midway gate to the summit has been added to the list of alcohol banned areas following concerns raised by Police about alcohol related disorder in the area.

4.14 Hastings Cemetery and Crematorium as bounded by Maraekakaho & Orchard Roads and the eastern boundary of Heretaunga Intermediate School following concerns raise by Police and the general community about alcohol related disorder in the area.

Parking & Traffic (Chapter 5)

4.15 Heavy vehicles parking in residential areas has been added to the list of limits, restrictions or

prohibitions. This would give Council the option to add streets where a nuisance is being created by heavy vehicles parking in residential areas. The streets would need to be specified by publically notified resolution and the appropriate signage erected.

4.16 The reference to “parking ticket machines” has been deleted from sub-clauses 5.3.1 (b) & 5.4.1 m) as Council no longer has parking ticket machines.

4.17 Sub-clauses 5.4.1 d), and g) have been deleted as these offences are already covered under Road User Rules.

4.18 “Without an approval” was added to sub-clause 5.4.1 k) relating to the display of “for sale signs” on vehicles parked on a road or public place, to allow for certain places to be set aside for this activity e.g. the Northern car park on a Sunday.

4.19 Sub-clause 5.4.1 o) was amended to address the issue of damage to parking meters when items other than legal tender are inserted into these machines.

4.20 Sub-clauses 5.4.4 & 5.4.5 were deleted as these offences are already covered by sub-clause 5.4.3.

4.21 The reference to “unpaid fines” with respect to the release of an impounded vehicle was deleted as fines must continue to be processed through the legal system.

Food Safety (Chapter 6)

4.22 This chapter has been removed as it has been superseded by the Food Act 2014.

Miscellaneous (Chapter 10)

Control of Fires Clause (10.1)

4.23 This Clause has been removed as the control of fires is now under the authority of Fire and Emergency New Zealand.

Dog Control policy

4.24 The amendments to the bylaw in relation to Ebbett Park & Keirunga Gardens (see 4.11 and 4.12) have also been incorporated into the Dog Control policy.

4.25 The following three policy additions have been made:

· The word “potential” has been added to the adoption evaluation

· A statement that “No dogs will be released for research, testing or teaching purposes” has been added

· A statement that “Council does not encourage restraining dogs by means of a chain or tether as a permanent means of controlling a dog” has been added

Other matters evaluated not included in the draft bylaw

4.26 It was submitted that the Chapter 2 heading “Public Places” be replaced with “Public Spaces”. However, this change was not recommended as “Public Place” is a term contained (and defined) in the Local Government Act 2002. Renaming the Chapter may lead to confusion and ambiguity. It was considered to keep the term Public Place for consistency and legal certainty.

4.27 It was recommended that Council consider enacting a bylaw that prohibits the wearing of gang patches in specified public places, Council land and from Council buildings. A bylaw banning gang insignia limits the rights of freedom of expression held by gang members. It also engages the right of gang members and associates not to be discriminated against, which is protected by the Bill of Rights Act, and the Human Rights Acts Act. Any bylaw which attempts to ban or limit the right to freedom of expression is instantly at odds with the Bill of Rights Act and will be almost inevitably challenged as being ultra vires.

4.28 Pursuant to the Prohibition of Gang Insignia in Government Premises Act 2013, no person may display gang insignia at any time in Government premises. Government Premises includes the whole or part of any structure (including any associated grounds) that is owned by, or is under the control of a local authority. This Act would be enforceable by Police and therefore a bylaw is unnecessary.

4.29 Amend clause 2.4 to include a statement identifying the dangers that may arise from walking along a beach. While it is important to recognise the importance of public education around safe conduct at beaches it was not considered appropriate to be included in the bylaw as such a statement is not a bylaw in itself.

4.30 It was proposed to include powered and unpowered vehicles and a new clause relating to their use on footpaths. However, the use of e-scooters, e-bikes and other low-powered vehicles is regulated by central government. The NZTA has decided that any e-scooter can be ridden on the footpath and on the road (except in designated cycle lanes that are part of the road and which were designated for the sole use of cyclists). To that end it was not considered necessary to regulate the use of low powered vehicles in Council’s bylaws (as it relates to footpaths).

4.31 It was proposed to expand clause 2.8 to specifically include damage caused to trees on reserves. A submission was received to add the following sub-clauses:

(c) damage, interfere with, destroy or remove any natural feature, grass plot, flower bed, tree shrub or plant or any inscription or label relating to it in a public place.

(d) pollute, damage, deface or disfigure or interfere with any ornament, statue, building, footpath, kerb, road (including road berm), structure, or facility in a public place.

(e) erect any signs in a public place or affix any sign, poster, sticker or advertising devices to any structure in or about a public place.

It was considered that the proposed amendments are already actionable by way of existing statutes and/or regulations. For example, The Summary Offences Act 1991 offence of Wilful Damage (section 11) covers all proposed amendments that relate to damage. It was proposed that any amendment is unnecessary. Furthermore, it is unnecessary or desirable to itemise all types of possible damage. In doing so Council runs the risk of indicating that it is an exhaustive list rather than a general term which encompasses a wide range of possible actions.

4.32 It was proposed to define “barbed wire” as distinct from “razor wire”. As the definition of both barbed and razor wire is clear there is no need to specifically define those terms in the bylaw.

4.33 It is proposed to expand the prohibition to flying over public places, park or reserve and to remove the definitions to the general interpretation section. With respect to the definitions it is just as valid here and arguably more useful given that it is more proximate to the relevant bylaw. It was not considered sufficiently problematic to warrant an amendment.

4.34 The proposed amendments to the prohibitions on flying over a public place, park or reserve are already covered by the Civil Aviation Rules. It was not considered that an amendment is required.

4.35 It was proposed to include a number of additional waste items within the bylaw (i.e. organic waste and offal) and to also clarify that it included disposing “in a public place”. However, it was not considered necessary as the disposing of all those items in that manner is actionable under the Litter Act 1979.

4.36 It was proposed that an alcohol ban on all Council owned cemeteries be put in place. However, a blanket ban on alcohol at cemeteries would need to be supported by evidence that the area to which the bylaw is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area. There was evidence to support such issues at the Hastings Cemetery and Crematorium.

4.37 It was proposed to have a bylaw in relation to begging. However, previous legal advice on this issue did not support such an approach.

5.0 Current Situation

5.1 The following draft documents have been prepared:

· Statement of proposal for the consolidated bylaw (Attachment one). In its final form a copy of the consolidated bylaw will be attached to the statement of proposal

· Draft Consolidated bylaw, without chapter 6 Food Safety or clause 10.1 Control of Fires (Attachment two)

· Draft Dog Control Policy (Attachment three)

5.2 A summary of the proposed changes to the Bylaws & Dog Control policy are outlined in 4.5 to 4.25.

Proposed Bylaw Framework

5.3 It is proposed that the consolidated bylaw will have 9 chapters as follows:

Chapter 1	Interpretation and General Provisions
Chapter 2	Public Places
Chapter 3	Dog Control
Chapter 4	Alcohol Bans
Chapter 5	Parking & Traffic
Chapter 6	Water Services
Chapter 7	Deliberately left blank
Chapter 8	Deliberately left blank
Chapter 9	Miscellaneous Matters

5.4 If Council approves this proposal the following bylaws will need to be revoked when the new bylaw is adopted in August 2021:

· Food Safety

· Control of Fires

6.0 Determination under Section 155 OF THE LGA (2002)

6.1 The majority of the provisions contained in the proposed consolidated bylaw rely upon the bylaw making powers in Section 145 of the LGA 2002. Where that is not the case, the relevant power is referenced at the beginning of the particular chapter or clause. Officers are satisfied that all of the proposed provisions relate to matters in respect of which Council may lawfully make a bylaw.

6.2 Under Section 155 of the LGA 2002 Council must determine that a bylaw is the most appropriate way of dealing with the perceived problems identified in this proposal. The range of options identified included:

(a) Do nothing. The advantage of a do nothing approach is that it is a low cost option. There is no cost to consult on a bylaw and to enforce it once passed. There is still an expectation by the community that Council will take an active role in the regulation of activities which are perceived as a problem and, if necessary, prosecuting offenders in an appropriate case. It is this element of providing a deterrent. Accordingly “do nothing” was not considered to be an option in all of the cases identified for continued or new bylaw regulation under the current proposal.

(b) Using policies to encourage the public to adopt better or sustainable practices in relation to the perceived problem. In the past it was common to see matters of often quite minute detail in the body of the bylaw when the matters to be regulated could just as easily be covered by a policy or code of practice. The benefit of removing items from a bylaw into a policy or code of practice is that it encourages compliance without the threat of enforcement action. It is also an appropriate approach if council is not prepared to commit budget to policing and enforcing a bylaw dealing with the particular issue. The cost of policing and enforcement is reduced and can be diverted to other areas.

(c) Using public education and consultation programmes as a means to encourage moderation or change of behaviour to address perceived problems. This option is relevant where the proposed regulation would be “nice to have” but the statutory bylaw making power in the LGA, or other statute, is not sufficiently robust to enable enactment of a bylaw on the issue. In such a case any problem that is best addressed through public education and consultation, where appropriate in conjunction with other agencies. Encouraging compliance on a community-wide basis with agreed norms of appropriate behaviour, using a bit of peer pressure, is a more sustainable way of achieving community aspirations in relation to activities where the “offence” does not warrant the formality, or the stigma, of a prosecution.

(d) Relying upon other statutory powers. There is no point in making an activity an offence under a bylaw when it is already an offence under a superior legislative instrument. There was also consideration of the circumstances where there were other statutory remedies, principally under the Trespass Act 1980. Rather than having a bylaw that is never enforced it is considered preferable to define acceptable standards of behaviour in a policy, which is then used by staff as the measuring stick to determine whether or not to exercise the statutory powers available under the Trespass Act. The benefit of this approach is that the policy can be amended more rapidly and with less formality and expense (although an obligation to consult remains) to deal with changing circumstances than an equivalent provision in a bylaw. In addition, the Police will assist with enforcement under the Trespass Act in an appropriate case.

(e) Relying upon contractual rights. A result can be achieved by imposing conditions of entry under the entry contract and using the breach of those terms as the legal basis for ejection, if necessary in conjunction with the law of trespass. The conditions of entry can be determined by policies. Again the benefit of this approach is that the policy can be amended more rapidly and with less formality and expense than an equivalent provision in a bylaw. In addition, the Police will assist with enforcement under the Trespass Act in an appropriate case.

6.3 A broad consideration of the options for any new matters being proposed indicates that no implications arise under the New Zealand Bill of Rights Act (NZBORA).

6.4 None of the provisions are considered as unreasonably impinging upon NZBORA rights and therefore do not give rise to implications under NZBORA. It is considered that Council may safely make those determinations in respect of the new provisions.

6.5 The last matter on which a determination is required from Council under Section 155 of the LGA is the question as to whether the proposed bylaw is in the most appropriate form. It is considered that the proposed bylaw is in the most appropriate form as confirmed in the legal review.

7.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

7.1 Adopt all draft documents in this report without amendment and direct officers to proceed with public consultation in accordance with the special consultative procedure under the LGA:

Advantages

Ensures the bylaws are exposed to the wider community input with a minimum of delay. If Council identifies matters as needing attention, that action can be deferred until after consultation is completed and can be considered at the same time as consideration of the submissions.

Option Two – Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

7.2 Council can amend any aspect of the proposal before directing officers to proceed to public consultation in accordance with the special consultative procedure under the LGA 2002.

7.3 Council can determine that the proposal requires further preliminary consultation, policy work or significant amendment and defer further action pending the completion of that work to its satisfaction. This would put the project behind schedule, however this is not insurmountable.

8.0 Next steps – Te Anga Whakamua

8.1 If Council approves the current proposal without amendment, or with only minor amendment, then it is proposed that the consultation timetable will be as follows:

· Public consultation from 1 February to 5 March 2021

· Submissions heard by Council April 2021

· Final consolidated bylaw adopted August 2021

Attachments:

1 ⇨	Statement of Proposal for Bylaw Review	LEG-02-3-20-455	Under Separate Cover Vol 1
2 ⇨	Draft Bylaw	LEG-02-3-20-456	Under Separate Cover Vol 1
3 ⇨	Draft Dog Control Policy	LEG-02-3-20-457	Under Separate Cover Vol 1

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

This proposal promotes the performance of regulatory functions for the purpose of reducing public nuisance and threats to public health & safety through appropriate bylaw controls and for the wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

No known impacts for mana whenua / iwi / tangata whenua above and or beyond the general community population.

Sustainability - Te Toitūtanga

The bylaw is being reviewed after the initial five years. It is not required to be reviewed again until after 10 years (2031).

Financial considerations - Ngā Whakaarohanga Ahumoni

The bylaw process will incur legal fees for legal review. These will be partly sourced from existing Planning and Regulatory budgets in both the 2021 & 2022 years:

Significance and Engagement - Te Hiranga me te Tūhonotanga

The LGA requires consultation using the special consultative procedure for any proposal to review, amend or revoke a bylaw or to amend the Dog Control policy. Some preliminary consultation has been undertaken in the course of formulating the proposal, as mentioned in 3.4 above. In addition to giving public notice calling for submissions required by the LGA 2002 under the special consultative procedure it is proposed to engage directly with key stakeholder groups or organisations. These will include:

· Police

· Public Health

· Hawke’s Bay Regional Council

· Hastings and Havelock North Business Associations

· Hastings District Rural Community Board

· All registered dog owners (section 10(2) of the Dog Control Act 1996)

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

The bylaw process must follow the Special Consultative Procedure required under section 83 of the Local Government Act 2002.

Risks

The bylaw & dog control policy are required to undergo a five year review under Section 158 of the Local Government Act 2002. Council risks the existing bylaw being unenforceable if it fails to go through this process.

REWARD – Te Utu

RISK – Te Tūraru

Improved environment and public amenity founded upon transparent rules and regulations supported and upheld by the community

Unenforceable bylaws not supported by the wider community. Loss of confidence in local government

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

The Rural Community Board will be part of the targeted consultation process.

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Kirsty Oosterkamp, Public Spaces Policy Planner

Te Take:

Subject:

Licence to Occupy Application - Waipatiki Domain

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The report seeks Council approval to grant a licence to occupy to the Waipatiki Beach Holiday Park (2017) Ltd) to operate a mobile shop on Waipatiki Domain (the Domain) during the summer period.

1.2 The vendor is proposing to sell ice blocks and non-alcoholic drinks on fine days in the Domain between Labour Weekend and Easter, with extended trading over the Christmas/New Year period.

1.3 As Waipatiki Domain is classified as Recreation Reserve under the Reserves Act 1977, any application for concession must meet the statutory requirements of the Act as well as the objectives and policies in both the District Wide Reserve Management Plan and the Waipatiki Domain and Bush Reserve Management Plan.

1.4 Section 5.3 of the Waipatiki Domain and Bush Reserve Management Plan states that commercial permits may be issued for a maximum of 3 consecutive days, and that any organisation or individual wishing to use the Domain for a commercial activity such as mobile shop or fair, will require express permission of Council, hence this report.

1.5 Under the District Wide Reserve Management Plan concessions regarding commercial activities can be granted as a three day commercial permit or a licence to occupy. As the vendor wishes to use the reserve for longer than permissible three consecutive days an application must be made for a licence to occupy.

1.6 Currently there is nowhere available for reserve users to purchase refreshments within Waipatiki during summer. Such activity may be considered beneficial to reserve users increasing their enjoyment of the Domain and surrounding coastal area.

1.7 The report recommends Council approve the licence to occupy application by the vendor and that the Public Spaces and Building Assets Manager be authorised to negotiate the terms and conditions of the licence on behalf of Council.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council Meeting receive the report titled Licence to Occupy Application - Waipatiki Domain dated 28 January 2021.

B) That the Council approve the application request for a licence to occupy with Waipatiki Beach Holiday Park (2017) Ltd to operate a mobile shop on Waipatiki Domain.

C) That the Council authorise the Public Spaces and Building Assets Manager to negotiate the terms and conditions of the licence with the applicant on behalf of Council.

3.0 Background – Te Horopaki

3.1 Council received an application from the Waipatiki Beach Holiday Park (2017) Ltd to sell ice blocks and drinks from their mobile shop in Waipatiki Domain between Labour Weekend and Easter in October 2020.

3.2 The application is for the temporary, non-exclusive use of the reserve between 10am-4pm every fine weekend between Labour Weekend and Easter with the option of trading during the week during the peak Christmas/New Year period.

3.3 The registered mobile shop (EHO20/0017) will be transported to and from the lower Domain carpark daily and is in a clean and tidy condition so unlikely to detract from the beauty of the surrounding area (Attachment 1).

3.4 As Waipatiki Domain is classified as Recreation Reserve under the Reserves Act 1977 (the Act), any application for concession to operate on a Council reserve must meet the statutory requirements of the Act.

3.5 Under Section 542(a), Council, the administering body, does not need the prior consent of the Minister nor is it required to give public notice before granting a licence as the proposal is in conformity with and contemplated by the approved Waipatiki Domain and Bush Reserve Management Plan.

3.6 As such the decision making process regarding the application is guided by the objectives and policies of the Waipatiki Domain and Bush Reserve Management Plan and the District Wide Reserve Management Plan.

3.7 As the trading period over Christmas/New Year would exceed the current provisions for Commercial permits, a licence to occupy is required by the vendor.

3.8 Council agreed to grant a trial permit to the vendor over the December/January. This trial had the benefit of provide the applicants to see how successful the proposal might be while providing Council the opportunity to consider the potential effects the activity may have on the Domain, its users and neighbouring properties.

3.9 As part of the Waipatiki Domain is managed by Hawkes Bay Regional Council, the applicant is only permitted to trade in the area of the Domain owned by Hastings District Council (Attachment 2).

4.0 Discussion – Te Matapakitanga

4.1 For any concession application, Council needs to consider whether the activity will contribute to the enjoyment of the public of the reserve and will not adversely impact on the reserve or its use or users.

4.2 With regard to commercial activities on parks and reserves, vendors typically apply for either commercial permits or season permits in accordance with the District Wide Reserve Management Plan. However this does limit the vendors to a maximum of three consecutive trading days at a time.

4.3 Council has previously issued permits for Jack Frost Ice Cream to operate on the Domain over the 2018/19 and 2019/20 summer season with no issues reported to Council regarding this activity.

4.4 The applicant met with Council’s Duty Planner in November 2020 who confirmed the activity does not require a Resource Consent under the Operative Hastings District Plan.

4.5 Officers have contacted the Waipatiki Ratepayers Association, seeking their feedback on the proposal. This was presented to their AGM on 9 January 2021 with no issues noted by the attendees. Some attendees did ask about rubbish collection but the vendor will be providing extra rubbish bins to combat any additional rubbish generated as a result of the mobile shop operating in the Domain.

4.6 The applicant will be required to pay an annual licence fee to operate in the Domain over the extended summer period. The fee estimate is likely to be $800-$1000 per annum depending on the exact number of days the vendor is proposing to operate.

4.7 The fee will be fixed and payable regardless of weather conditions and is consistent with the fee structure charged for other mobile vendors wishing to operate in our parks and reserves on an on-going basis.

4.8 The current terms for the trial permit will apply to any future licence, including, but not limited to:

· The mobile shop shall be maintained in a clean and tidy condition

· All rubbish associated with the operation of the mobile shop must be removed and disposed of off-site

· Any damage to the reserve as a result of the operation of the mobile shop will be remedied at the vendor’s cost.

· The vendor must comply with Council’s health and safety requirements with regards to vendors operating on our parks and reserves.

5.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga. That Council approve the licence to occupy application by Waipatiki Beach Holiday Park (2017) Ltd.

5.1 If Council approves the application, Officers would negotiate the terms and conditions of the licence with the applicant. Officers believe a suitable term for the initial licence would be two years with the option to renew for a further year. The term could then be aligned with the 10 year review of the Waipatiki Domain and Bush Reserve Management Plan.

Advantages

· The activity is likely to contribute to the overall enjoyment of the Domain by users, particularly given that the absence of any shop in Waipatiki.

· As the vendor is based out in Waipatiki they are more likely to be trading there more often as they won’t have to travel so far to reach their destination. This should deliver a more regular convenient service to beach and reserve users.

· The generation of income from the use of reserve will enable Council to invest in re-vegetation programmes or improved levels of service on Waipatiki reserves.

Disadvantages

· While the activity could generate more litter, this will be mitigated by the applicant providing rubbish bins as part of the licence. It has been noted that over the summer period there is an increase in litter anyhow as a result of increased visitor numbers. The annual licence fee could help fund an increased level of service for rubbish disposal at Waipatiki Domain which would be of benefit to all reserve users and the community.

· Could encourage more vendors which could adversely affect the amenity and ‘Village Green’ feel of the Domain.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei – Council decline the licence to occupy application.

5.2 If Council were to decline the application for a licence, the applicant would still be able to apply for commercial permits to operate over various weekends in accordance with District Plan and Reserve Management Plan requirements. If they chose to do so they would be restricted to a maximum period of 3 consecutive days or less.

Advantages

· Consistent with current approach by not allowing vendors to operate for more than 3 consecutive days on our parks and reserves unless it’s a one-off event.

Disadvantages

· Likely to be more expensive for applicant.

· The process for applying for vendor permits on a regular basis would be extremely time consuming for both the applicant and Council.

· The general public would have reduced access to a convenient retail activity.

6.0 Next steps – Te Anga Whakamua

6.1 Officers recommend that the licence to occupy application be approved for Waipatiki Beach Holiday Park (2017) Ltd.

6.2 The report seeks Council authorise the Public Spaces and Building Assets Manager to negotiate the terms and conditions of the licence with the applicant, on behalf of Council.

Attachments:

1 ⇩	Appendix 1 Photos of Mobile Shop	CFM-17-53-1-21-125
2 ⇩	Appendix 2 Maps of Waipatiki Domain	CG-16-2-00461

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

This proposal promotes the social wellbeing and more specifically through the Council’s strategic objectives of places and spaces for recreation and fostering recreation participation.

Māori Impact Statement - Te Tauākī Kaupapa Māori

No known impacts for tangata whenua.

Sustainability - Te Toitūtanga

This activity is likely to generate some rubbish from its operation. There are currently three rubbish bins in the Domain and the vendor will be providing two further bins near the caravan. All rubbish will be disposed of off-site, including recycling the drink bottles where possible.

Financial considerations - Ngā Whakaarohanga Ahumoni

No additional Council funding would be required to allow this activity on Waipatiki Domain. The annual licence fee could potentially be used to fund a higher level of service at Waipatiki and deliver some of the Reserve Management Plan actions over time.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision/report has been assessed under the Council's Significance and Engagement Policy as being of low significance.

The licence to occupy application is for the temporary, non-exclusive use of the Domain over the extended summer period and will be transported daily to/from the reserve so likely to have minimal impact on the reserve, users and reserve neighbours.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

Officers consulted Council’s General Counsel on the statutory requirements under the Reserves Act for leasing powers in respect to Recreation reserves.

Officers also contacted the Waipatiki Ratepayers Association regarding the proposed application and they have confirmed there have been no adverse effects as a result of the mobile shop operating in the Domain over the December/January period.

Risks

There are no significant risks as a result of this activity operating in Waipatiki Domain. However there are health and safety implications which apply to any vendor operating within our parks and reserves.

The vendor has been informed of these as part of the trial permit. An approved Risk Management Plan will be required as part of any licence to occupy agreement to ensure the applicant has identified and managed all possible risks/hazards.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

Waipatiki Domain falls within the Tutira Rural Community Boundary. No implications for the Rural Community Board.

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Jeff Clews, Public Spaces Asset Planner

Te Take:

Subject:

Council Report Proposed Naming of New Reserve in Frimley

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to seek approval of the name “Lawrie Cooke Reserve,” for the recently acquired reserve adjoining Matariki Avenue.

1.2 This is consistent with the Reserve Naming Policy that requires that where a reserve is required to have a unique name, officers are required to invite Landmarks Advisory Group, Ward Councillors and local Hapū to submit potential name suggestions for Council consideration.

1.3 This report concludes by recommending that Council adopts the name Lawrie Cooke Reserve as identified by the developer.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council Meeting receive the report titled Council Report Proposed Naming of New Reserve in Frimley dated 28 January 2021.

B) Council adopts the name Lawrie Cooke Reserve for the new reserve adjoining Matariki Avenue.

3.0 Background – Te Horopaki

3.1 At the Policy and Strategy meeting on 1 November 2011, Council formally adopted an amended Reserve Naming Policy that identified the process for the naming of any new reserves acquired by Council (Attachment 1).

3.2 The process closely follows the already established Road Naming Policy to remove any unnecessary duplication of the consultation process that would have already been undertaken in naming the adjoining street or road.

3.3 The first step of the adopted policy requires officers to decide whether the new reserve warrants a unique name due to:

a) its classification, size, location or function; or

b) whether local hapū, Council or the developer has requested a unique name; or

c) Whether there is another park or reserve already on the road or street.

3.4 In the case of this reserve located on Matariki Avenue, there is already a Matariki Reserve on the street and the developer has suggested Lawrie Cooke Reserve to be the name of the Reserve.

4.0 Discussion – Te Matapakitanga

4.1 A new reserve has recently been acquired in the Lyndhurst urban development area. This reserve requires a unique name, because there is already a Matariki Reserve in the street and the developer has requested and suggested a unique name for the soon to be vested reserve.

4.2 The following plan shows the location of the new reserve.

4.3 The Developer has suggested the name Lawrie Cooke Reserve to be the name of the Reserve.

Table 1: Proposed Reserve Names

Reserve Description	Ref	Proposed Name	Justification
Recreation Reserve	TBD	Lawrie Cooke Reserve	A small neighbourhood reserve adjoining Matariki Avenue with linkage to Ikanui Road. The reserve will feature a playground and landscaping features such as trees and gardens. The developer identified the name Lawrie Cooke Reserve as Matariki Reserve already exists

4.4 The name ‘Lawrie Cook’ has particular significance because Mr Lawrie Cooke is a notable nurseryman who has been operating in the District since 1958. The Cooke’s main nursery site used to occupy the land that is currently being developed for residential purposes.

4.5 The developers of this block of land have sought to name the reserve after Lawrie Cooke, in recognition of his historical and prominent role as a Hawkes Bay nurseryman, residing and operating in the area for 60 years.

4.6 Officers believe that the suggested name is appropriate given the Cooke’s long history of involvement in Lyndhurst and the fruit tree growing industry.

4.7 Dr James Graham Pou Ahurea Matua: Principal Advisor: Relationships, Responsiveness & Heritage, has advised that ‘Having considered the option presented by the new reserve name proposal, the earlier dialogue with and endorsement by Landmarks, as well as the existing reserve on Matariki Avenue and named Matariki Reserve, the Pou Ahurea Matua is happy to endorse the proposed name, Lawrie Cooke Reserve. Council are progressing the inclusion and recognition of te reo Māori names into new roads and or reserves as part of its Te Reo Māori Action Plan, Heretaunga Takoto Noa, and are satisfied that there is a growing and good balance of te reo Māori names in the suburb’.

4.8 The Landmarks Advisory Group have endorsed recognising Lawrie Cooke through the naming of the new Lyndhurst Reserve.

4.9 Glen Varcoe Assistant Area Commander for Fire and Emergency has stated that they have no issue with the name Lawrie Cooke Reserve.

5.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 The recommended Option 1 is that Council adopts the name Lawrie Cooke Reserve for the new reserve adjoining Matariki Road. Option 1 allows the Reserve to be named after Lawrie Cooke a notable local horticulturalist from the area, who has served the region and the orchard industry since 1958.

Advantages

· The public will be able to easily identify the new reserve if it is formally named

· The contribution of a respected local landowner and nurseryman will be recognised

Disadvantages

· There are no known disadvantages

5.2 Option Two is that Council rejects the name Lawrie Cooke Reserve as not being appropriate for the name of this reserve, and that the naming process is reset and new names are recommended.

Advantages

· There are no known advantages

Disadvantages

· The contribution of a respected local landowner and nurseryman would not be recognised

· The lack of a name will hinder public way finding for those seeking to visit the reserve

6.0 Next steps – Te Anga Whakamua

6.1 If Council adopts the name Lawrie Cooke Reserve, Council officers will arrange for a sign to be installed at the entrances to the new reserve.

Attachments:

1 ⇩

Reserve Naming Policy.pdf

12/526

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

This proposal promotes the cultural wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

Dr James Graham Pou Ahurea Matua: Principal Advisor: Relationships, Responsiveness & Heritage, has advised “Having considered the option presented by the new reserve name proposal, the earlier dialogue with and endorsement by Landmarks, as well as the existing reserve on Matariki Avenue and named Matariki Reserve, the Pou Ahurea Matua is happy to endorse the proposed name, Lawrie Cooke Reserve.

Sustainability - Te Toitūtanga

Adds to cultural sustainability by recognising Lawrie Cooke a notable local horticulturalist a significant industry in the Hastings District

Financial considerations - Ngā Whakaarohanga Ahumoni

Installation of one new reserve name sign.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision/report has been assessed under the Council's Significance and Engagement Policy as being not of significance.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

Landmarks Advisory Group endorsed recognizing Lawrie Cooke through the naming of the new Lyndhurst Reserve.

Glen Varcoe Assistant Area Commander for Fire and Emergency has stated that they have no issue with the name Lawrie Cooke Reserve.

Risks

REWARD – Te Utu

RISK – Te Tūraru

Rrecognition of Lawrie Cooke a notable local horticulturalist a significant industry in the Hastings District

Little to no risk

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Mala Bishop, Licensing Inspector

Tony Stothart, Team Leader Environmental Health and Liquor Licensing

Te Take:

Subject:

Application for a Temporary Alcohol Ban - Good Vibes Concert

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to obtain a decision from the Council on putting in place a temporary alcohol ban in relation to the Good Vibes Concert, on 27 February 2021 between 1.00pm and 11.59pm. The concert venue as the Hawke’s Bay Racing Centre.

1.2 This issue arises from a request from the New Zealand Police that a temporary alcohol ban be created. The request is supported by the event organiser.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council receives the report titled Application for a Temporary Alcohol Ban - Good Vibes Concert dated 28January 2021.

B) In accordance with clause 4.3.2 of the Hastings District Council Consolidated Bylaw, Chapter 4 Alcohol Bans, the Council declares that alcohol may not be consumed, brought into or possessed in the following areas including streets, roads and footpaths (as shown in in Attachment 1 of this report) on 27 February 2021, between 1.00pm and 11.59pm:

· The entire lengths of Knight Street and Prospect Road.

· Market Street South from Southampton Street to the Racecourse entrance.

· King Street South from Southampton Street to Prospect Road.

· Nelson Street South from Southampton Street to Knight Street.

· Southland Road between Southampton Street and Gordon Road.

· Henry Street between Charles Street and Southland Road.

3.0 Background – Te Horopaki

3.1 An application has been received from the New Zealand Police for a temporary alcohol ban in relation to the Good Vibes Concert on 27 February 2021 between 1.00pm and 11.59pm. (Attachment 2).

3.2 The following hours, and area are requested for the ban:

Hours

Between the hours of 1.00pm and 11.59pm.

Area

· The entire lengths of Knight Street and Prospect Road.

· Market Street South from Southampton Street to the Racecourse entrance.

· King Street South from Southampton Street to Prospect Road.

· Nelson Street South from Southampton Street to Knight Street.

· Southland Road between Southampton Street and Gordon Road.

· Henry Street between Charles Street and Southland Road.

3.3 The request arises from Police concerns about preloading (i.e. the consumption of alcohol prior to entering the venue) and the general consumption of alcohol by some patrons in the vicinity of the racecourse, leading to alcohol related disorder issues.

3.4 The purpose of the request is to help minimise alcohol related disorder issues.

3.5 The ban would only apply to public places i.e. the road and footpath (up to the boundary of private properties) within the proposed alcohol ban area.

4.0 Current Situation

4.1 There is currently no alcohol ban in the area requested by the Police.

4.2 A similar Good Vibes Concert was held at the Hawke’s Bay Racing Centre in June 2020 and an alcohol ban was not in place. Police were kept busy prior to the event commencing with alcohol related disorder issues, resulting in several arrests. People were also drinking in the streets as they walked up to the venue entrance and discarded numerous cans and bottles on the footpath. The request for the temporary alcohol ban has been made in order to help reduce these issues.

5.0 Discussion – Te Matapakitanga

5.1 The Good Vibes Concert is a large one day event.

5.2 The event normally operates under a special licence. This allows for additional bar areas to be set up within the racecourse.

5.3 An alcohol management plan has been submitted as part of this year’s special licence application. The plan sets out a number of measures designed to help ensure a safe environment exists for patrons at the racecourse. Actions outlined in the management plan include:

· Bag searches and intoxication checks at the gate.

· Security staff to help prevent patrons bringing alcohol into the venue.

· I/D checkpoints at the entrances points to each licensed area.

· Limits on the amounts of alcoholic drinks that can be purchased at any one time.

5.4 The above measures together with the proposed temporary alcohol ban are aimed at reducing alcohol disorder issues associated with the event. Police advised there was a reduction in rubbish and drinking outside the venue, as a result of the temporary alcohol ban approved by Council for the Summer Solstice Concert held in December 2020.

5.5 The application for the temporary alcohol ban is supported by the Hawke’s Bay Racing Centre.

6.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

6.1 Adopt the Police request for a temporary alcohol ban either wholly (i.e. agree to all the roads and times applied for) or in part (i.e. agree to some of the roads and/or times applied for).

Advantages

The locality of the proposed ban is within the environs of the racecourse. It abuts the existing Hastings permanent alcohol ban zone and is an area where patrons can park and easily walk to and from the event. The proposed ban will provide an additional tool to assist Police in dealing with alcohol related disorder issues.

Disadvantages

The Council may feel that the hours and/or roads applied for are too extensive. Should the Council decide this, it will also need to consider what hours and/or roads are appropriate should it decide to partially adopt the Police request.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

6.2 Deny the Police request.

Advantages

There would be a cost saving to Council of about $500 associated with advertising the ban.

Disadvantages

The Police have advised that a number of arrests made at an earlier concert in June were attributed to people preloading in the vicinity of the racecourse. Denying the request may result in an increase in issues associated with preloading.

7.0 Next steps – Te Anga Whakamua

7.1 Should the Council grant the request for the temporary alcohol ban the following actions will be taken:

· The Council resolution will be publicly notified.

· Temporary signage will be installed in the area covered by the alcohol ban.

Attachments:

1 ⇩	Good Vibes Concert Alcohol Ban Area	21730#0700
2 ⇩	Police Request for a Temporary Alcohol Ban - Good Vibes Concert	21730#0699

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

Reducing public nuisance and threats to public health and safety.

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A:

Sustainability - Te Toitūtanga

N/A:

Financial considerations - Ngā Whakaarohanga Ahumoni

It is estimated that the cost of implementation for the recommendation is about $500. This will be funded from existing budgets.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This proposal is not of significance that would trigger Council’s thresholds under its Significance & Engagement Policy.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

Under the Hastings District Council Consolidated Bylaw, Council may by publicly notified resolution, declare that alcohol may not be consumed, brought into or possessed in any other public place or area within the district, at the times and during the periods specified in the resolution. The bylaw went through an extensive public consultation prior to being adopted.

Risks

Opportunity: To help minimise alcohol related disorder issues.

REWARD – Te Utu

RISK – Te Tūraru

A reduction of preloading and the general consumption of alcohol by some patrons in the vicinity of the racecourse.

Care must be taken when exercising the power in 4.3.2 of the bylaw to by resolution impose a temporary alcohol ban, as the standard bylaw making process involves carrying out public consultation. However, as the proposed alcohol ban area is of limited duration and the Hastings District Council Consolidated Bylaw (that went through an extensive public consultation prior to being adopted) provides for the creation of temporary alcohol bans, this risk should be mitigated.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A:

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Mel England, Parking Transportation Officer

Te Take:

Subject:

Parking Controls

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to obtain a decision from Council on changes to parking controls on Heretaunga Street West and Tomoana Road.

1.2 This proposal arises from a number of requests for new parking controls in and around Hastings District and concludes by recommending a number of changes in parking control and time limits.

1.3 A summary of the proposed changes is as follows:

ROAD	EXISTING CONTROLS TO BE REMOVED	PROPOSED CONTROLS
Heretaunga St West	NIL	P5 – Loading Zone
Tomoana Road	NIL	P5 - 7-30am – 9am to 3pm – 4-30pm

1.4 Amendments to Bylaws require a resolution of Council.

2.0 Recommendations – Ngā Tūtohunga

A) That Council Meeting receive the report of the Parking Transportation Officer titled Parking Controls dated 28 January 2021.

B) That Council resolve pursuant to Clause 5.3.1(a)(i) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that a P5 Loading Zone be established outside of 351 Heretaunga Street West.

C) That Council resolve pursuant to Clause 5.3.1(a)(i) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that a P5 time limit be established outside of 205 Tomoana Road. With the time being 7-30am – 9am to 3pm – 4-30pm Weekdays only.

3.0 Background – Te Horopaki

3.1 From time to time it is necessary to introduce parking controls and or amend those that are already in place.

3.2 In order that the changes are legally established and enforceable, a formal resolution by Council is required.

3.3 The following information provides the background and current situation relevant to the changes being proposed.

4.0 Discussion – Te Matapakitanga

4.1 Heretaunga Street West – P5 Loading Zone

Hastings District Council have been approached to investigate the viability of installing a loading zone in the 300 block of Heretaunga Street West.

Upon investigation it was found that one loading zone exists but is located on the southern side of the street and caters for those businesses located closer to Market Street.

Some businesses do not have rear entrance to load and unload goods.

This will allow for businesses and public to be able to quickly drop off and pick up items.

4.2 Tomoana Road – P5 Time Limit

Best Start Child Care Centre has requested time limited parking for the spaces outside of their centre.

They have a mini bus that drops off and picks up children and the parking area in the centre is not large enough to cater for the mini bus.

This will also allow parents to park and drop their children off in a safe and efficient manner.

5.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 To change the Parking Bylaws to allow the parking arrangements as outlined at the sites in section 4.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

5.2 To continue current arrangements.

6.0 Next steps – Te Anga Whakamua

If the changes are approved, changes will occur to the parking as set out above.

Attachments:

There are no attachments for this report.

Summary of Considerations - He Whakarāpopoto Whakaarohanga

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-Rohe

Link to the Council’s Community Outcomes – Ngā Hononga ki Ngā Putanga ā-Hapori

· Reducing public nuisance and threats to public health and safety

· Moving people and goods around safely and efficiently

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A

Sustainability - Te Toitūtanga

N/A

Financial considerations - Ngā Whakaarohanga Ahumoni

N/A

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision does not trigger the threshold of the Significance and Engagement Policy.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho

Heretaunga Street West – P5 Loading Zone

Consultation was carried out with various businesses in the area and they agreed to have the loading zone situated at the top of the 300 block.

Parking Wardens and the Transportation team are in agreement and see the benefit for businesses in the area.

Tomoana Road – P5 time limit

Limited consultation was required as these changes are outside of the business requesting the change and has no effect on the residents.

Risks

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A

Thursday, 28 January 2021

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Jackie Evans, Manager: Democracy and Governance

Te Take:

Subject:

Adoption of Amended Standing Orders

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 In accordance with clause 27 of Schedule 7 of the Local Government Act (LGA) 2002, a local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees. The standing orders must not contravene the Local Government Act, the Local Government Official Information and Meetings Act 1987 (LGOIMA), or any other Act.

1.2 Standing Orders provide a framework of rules for open, fair and transparent decision making which inspires public confidence in local democracy. It is therefore important that the Council’s Standing Orders are not only fully compliant with legislation and best practice in the conduct of meetings, but that they are also easy to use.

1.3 The current version of Standing Orders was first adopted in January 2017. This version of Standing Orders was based on Local Government New Zealand Model Standing Orders which had undergone a thorough review and rewriting to make it easier to follow, encompass legislative changes and reflect technological changes which have had an impact on the running of local council meetings such as live streaming and remote access via audio visual means. Since adopted in 2017, Local Government New Zealand has provided an updated version of Standing Orders which has been expanded to include legislative changes and matters identified by practitioners over the past three years.

1.4 Council’s approval is sought to adopt the revised Standing Orders as set out in Attachment 1 to this report and to confirm the inclusion of the following optional clauses in line with status quo:-

· member’s right to attend by audio or audiovisual link (clauses 13.11 – 13.16)

NB - currently extended to count towards a quorum until 22 March 2021 under Epidemic Preparedness (COVID-19) Notice 2020, and

· a casting vote for the Chair (clause 19.3)

1.5 Council is also asked to consider a default option for speaking and moving motions

· A – formal (cl.22,2);

· B – medium (cl 22.3); or

· C – informal (cl.22.4)

1.6 An amendment of standing orders or the adoption of a new set of standing orders requires, in every case, a vote of no less than 75% of the members present.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council Meeting receive the report titled Adoption of Amended Standing Orders dated 28 January 2021.

B) That the Council adopts the Standing Orders appended (Attachment 1) to the report at A above with the inclusion of the following optional clauses:

i. Retaining a casting vote for the Chair (clause 19.3);

ii. Including Member’s right to attend by audio or audiovisual link (noting the current provisions which allow for attendance via audio/audiovisual link to count towards a quorum until 22 March 2021) (clauses 13.11 – 13.16); and

iii. Adding the choice of Option B (medium) (clause 22.3) as the default provision for speaking and moving motions unless a Chair, or meeting, agree to apply one of the other two options (clauses 22.2. and 22.4) at specific meetings.

3.0 Background – Te Horopaki

3.1 Current Standing Orders were adopted by Council on 26 January 2017 and have not been reviewed during this triennium, although Council has approved a number of amendments to reflect procedural changes, such as attendance by audiovisual link and webcasting. In late 2019 a committee of practitioners appointed by LGNZ issued an updated version of Standing Orders which has been expanded to include matters identified by practitioners over the previous three years. This report presents these Standing Orders for adoption (Attachment 1) and as part of the adoption process members are asked to confirm which options to include with regard to attendance via audio/audiovisual link, Chair’s casting vote and the choice of a default option for speaking to and moving motions.

4.0 Discussion – Te Matapakitanga

4.1 These Standing Orders have been amended throughout for clarification and to update some minor changes to legislation which notably includes:

· provision for a new type of meeting referred to as Emergency meetings (clause 8.5). The difference between extraordinary and emergency is the timeframe involved and the process for calling them. An emergency meeting can be called by the mayor or chair (or in their absence the chief executive not less than 24 hours before the meeting; and

· reducing the length of time a meeting may sit continuously without a break from 3 hours to 2 hours in compliance with health and safety legislation (clause 4.2).

4.2 A copy of the track changed document is available to Council members on the hub and on request.The Council’s attention is specifically drawn to the following optional provisions.

The Chair’s casting vote

4.3 Standing Order 19.3 allows the Chair to exercise a casting vote where there is an equality of votes. Incorporating a casting vote in a council’s Standing Orders is optional under cl. 24 (2) & (4)(b) Schedule 7, LGA 2002. This Council has chosen to adopt the casting vote provision up to present, unless the terms of reference of the committee or subcommittee provides otherwise (eg Heretaunga Takota Noa: Māori Standing Committee). This provision enables a meeting to conduct and conclude important business in a timely manner without the risk that a vote might be tied and as a result a significant statutory timeframe might be exceeded.

4.4 However, there are three options open to the Council:-

· The casting vote provisions are left as they are in the default standing orders.

· The casting vote provision is removed, and Standing Order 19.3 is replaced with cl 24(2)(a) and (b) of Schedule 7 LGA 2002 before the standing orders are adopted.

· The standing orders are amended to provide for a “limited casting vote” that would be limited to a prescribed set of decisions only such as statutory decisions, for example: where the meeting is required to make a statutory decision e.g. adopt a Long Term Plan, the Chair has a casting vote where there is an equality of votes.

Joining meetings by audio and audio visual means

4.5 The Local Government Act 2002 Amendment Act 2014 gave local authorities the option to include in their standing orders a provision to enable members to join meetings by audio or audiovisual means and these standing orders include this provision (13.7 – 13.16). Over the past 18 months audiovisual improvements to the Council’s meeting rooms and the requirement to hold meetings remotely during lockdown has embedded this provision as business as usual.

4.6 These Standing Orders make it as clear as possible that while a member can take part in discussions and vote while joining a meeting electronically, they are not part of the quorum. However for the period covering the COVID -19 pandemic the Government issued an Epidemic Preparedness (COVID-19) Notice, which included arrangements for Council decision making to continue during periods of lockdown. At the time of writing any member attending a meeting electronically counts towards the quorum until 22 March 2021 and this directive overrides both standing orders and the Local Government Act 2002. Should the legislation change at a future date to make this arrangement permanent, the Council’s Standing Orders will require further amendment.

Options for speaking and moving motions

4.7 One of the new features in these standing orders is the ability to use different rules for speaking to and moving motions so as to give greater flexibility when dealing with different situations.

· Option A is the most formal of the three and limits the number of times members can speak and move amendments, for example, members who have moved and seconded a motion cannot then move and second an amendment to the same motion and only members who have not spoken to a motion or substituted motion may move or second an amendment to it. (This is the framework currently adopted in the Council’s Standing Orders.)

· Option B is less formal than Option A. While limiting the ability of movers and seconders of motions to move amendments it allows any other members, regardless of whether they have spoken to the motion or substituted motion, to move or second an amendment.

· Option C provides substantial flexibility by removing the limitations placed on movers and seconders by the other two options.

4.8 The Council is asked to agree on a default option which will apply to all meetings unless a Chair, or meeting, agree to apply one of the other two options at specific meeting. It is recommended that the default option be marked as Default in the adopted standing orders.

5.0 Options – Ngā Kōwhiringa

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 To adopt the Standing Orders with the following optional clauses:-

· retain a casting vote for the Chair (Clause19.3);

· include the Member’s right to attend by audio or audiovisual link (noting the current provisions which allow for attendance via audio/audiovisual link to count towards a quorum until 22 March 2021) (Clauses 13.11 – 13.16); and

· add the choice of Option B (medium) (clause 22.3) for speaking and moving motions.

Advantages

· The revised Standing Orders are up to date with legislative changes at the time of writing. The suggested changes provide greater clarity, provide full compliance with current legislation and best practice and are easier to understand and use.

· The Chair’s casting vote has been very rarely used by this Council. To the writer’s knowledge a casting vote has not been used in the current triennium and only two or three times since 2016. However, the provision does enable a meeting if necessary, to conduct and conclude important business in a timely manner without the risk that a vote might be tied and as a result a significant statutory timeframe might be exceeded. It is therefore proposed to retain this provision to cover the rare occasions when a decision is needed within a defined timeframe. These decisions may be covered by statute or for other reasons. Therefore the option to limit the use of Chair’s casting vote to specified statutory decisions such as the Long Term Plan is not recommended.

· Over the past 12- 18 months attendance via audiovisual link and webcasting has been become business as usual. This partially due to investment in audiovisual hardware and software technology in the Council meeting rooms and the necessity for remote decision making during the COVID -19 pandemic lockdown. Remote access to Council meetings, especially with the additional ability to count toward quorum offers greater flexibility for decision makers to participate in meetings. Hopefully the long-term legislative provisions will catch up with established custom and practice adopted during the pandemic. A decision not to adopt the provisions for audiovisual attendance at meetings would decrease the flexibility for decision makers to participate in meetings and make governance arrangements less resilient and agile, particularly during an emergency.

· When moving and speaking to motions the strict interpretation and limitation of movers and speakers as set out in Option A in 4.6 above is rarely applied in practice to meetings of this Council. This is because Option A is more appropriate for Councils with larger numbers of members than the 15 here at Hastings District Council, and is certainly only appropriate for use by Council and Committee meetings of the whole. Option B provides greater flexibility for members of the meeting to contribute and for the Chair to control the proceedings. Option C is more appropriate for less formal and consultative meetings. Therefore Option B is the recommended default for moving and speaking to motions.

Disadvantages

· The casting vote provision could be open to abuse in a divided Council.

· There is a risk that officers and members and Chairs are not sufficiently familiar with the changes proposed in the revised Standing Orders. This risk can be mitigated by providing training sessions on the new Standing Orders.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

5.2 A decision not to adopt the amended Standing Orders would mean that the Council’s current Standing Orders are not fully compliant with current legislation and best practice in New Zealand.

6.0 Next steps – Te Anga Whakamua

6.1 If adopted, the revised Standing Orders will replace existing Standing Orders from the date of this meeting.

Attachments:

1 ⇨

Draft Standing Orders pdf

CG-16-2-00481

Under Separate Cover Vol 2

Te Rā Hui: Meeting date:	Thursday, 28 January 2021
Te Wā: Time:	1.00pm
Te Wāhi: Venue:	Council Chamber Ground Floor Civic Administration Building Lyndon Road East Hastings
Te Hoapā: Contact:	Democracy and Governance Services P: 06 871 5000 \| E: democracy@hdc.govt.nz
Te Āpiha Matua: Responsible Officer:	Chief Executive - Nigel Bickle

Mematanga: Membership:	Tiamana Chair: Mayor Sandra Hazlehurst Ngā KaiKaunihera Councillors: Bayden Barber, Alwyn Corban, Malcolm Dixon, Damon Harvey, Tania Kerr (Deputy Chair), Eileen Lawson, Simon Nixon, Henare O’Keefe, Peleti Oli, Ann Redstone, Wendy Schollum, Sophie Siers, Geraldine Travers and Kevin Watkins
Tokamatua: Quorum:	8 members
Apiha Matua Officer Responsible:	Chief Executive – Nigel Bickle
Te Rōpū Manapori me te Kāwanatanga Democracy and Governance Services:	Jackie Evans (Extn 5018)

Strategy and Policy Committee	~~2 February 2021~~	New date to be arranged following Council retreat on 4 February
District Planning and Bylaws Subcommittee	~~24 February 2021~~	Heretaunga Vision 2050 Futures Workshop to be held on this date
Heretaunga Takota Noa: Māori Standing Committee	~~24 February 2021~~	Retreat arranged for 24 March 2021

Civic and Administration Subcommittee	From: 4 February 2021	To: 2 February 2021
	From: 4 March 2021	To: 25 February 2021
Rural Hall Subcommittee	From: 6 September 2021	To: 24 May 2021
Risk and Assurance Committee	From: 22 November 2021	To: 29 November 2021

1.0	Opening Prayer – Karaki a Whakatūwheratanga
2.0	Apologies & Leave of Absence – Ngā Whakapāhatanga me te Wehenga ā-Hui An apology from Councillor Siers has been received. At the close of the agenda no requests for leave of absence had been received.
3.0	Conflict of Interest – He Ngākau Kōnatunatu Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest. If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Manager: Democracy and Governance (preferably before the meeting). It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member.
4.0	Confirmation of Minutes – Te Whakamana i Ngā Miniti Minutes of the Council Meeting held Tuesday 8 December 2020. (Previously circulated) Minutes of the Council Meeting held Tuesday 1 December 2020. (Previously circulated) Minutes of the Council Meeting held Tuesday 12 November 2020. (Previously circulated)
5.0	Chief Executive Update	7
6.0	Management Plan for Reserves in Havelock North	9
7.0	Five Year Bylaw Review	21
8.0	Licence to Occupy Application - Waipatiki Domain	31
9.0	Council Report Proposed Naming of New Reserve in Frimley	39
10.0	Application for a Temporary Alcohol Ban - Good Vibes Concert	45
11.0	Parking Controls	53
12.0	Adoption of Amended Standing Orders	57
13.0	Schedule of Council Meetings	63
14.0	Minor Items – Ngā Take Iti
15.0	Urgent Items – Ngā Take Whakahihiri

Item 8 Licence to Occupy Application - Waipatiki Domain
Appendix 1 Photos of Mobile Shop	Attachment 1

Item 8 Licence to Occupy Application - Waipatiki Domain
Appendix 2 Maps of Waipatiki Domain	Attachment 2

Item 9 Council Report Proposed Naming of New Reserve in Frimley
Reserve Naming Policy.pdf	Attachment 1

Item 10 Application for a Temporary Alcohol Ban - Good Vibes Concert
Good Vibes Concert Alcohol Ban Area	Attachment 1

Item 10 Application for a Temporary Alcohol Ban - Good Vibes Concert
Police Request for a Temporary Alcohol Ban - Good Vibes Concert	Attachment 2

Item 13 Schedule of Council Meetings
2021 Schedule of Meetings for Standing Committees and Subcommittees - Amended	Attachment 1