Agenda of Council Meeting

Thursday, 3 September 2020

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Colin Hosford, Public Spaces and Building Assets Manager

Te Take:

Subject:

Petition - Cornwall Park Aviary

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 To receive a report from an online petition. The petitioners’ prayer is as follows:

LET’S GET THE PARROTS OUT

Sad and lonely large parrots in cold concrete cages, it's a no from us!

The Corella and remaining Cockatoo in The Cornwall Park Aviaries have no stimulation, no grass and very limited human contact. These guys are intelligent, they crave love and affection, game play, puzzles and more. We adopted Chucky from the park aviary where he lived for 20 years or so. He was abused by a bigger Cockatoo, harassed by people visiting the park and sprayed with paint. He was very aggressive, even tearing a large hole in a man’s ear. You should see him now, even the vet is amazed! The lady that works in the Aviaries does an amazing job caring for all the birds including the two large parrots. The cages are always clean, the birds get treats & as much time as she’s able, but her hands are tied. The Council say they are a good attraction for the park. They said they were going to upgrade the cages & get them friends. Times have changed, big parrots shouldn't be kept in cages for people’s entertainment. The public complained about Chucky, he was facing euthanasia but with the help of the aviary worker he found a good home. Please help get these guys out of those horrible cages & into good homes like the one Chucky has.

1.2 At the time of publication of the agenda there were 616 signatories by email. The link to the online petition is below:-

https://www.change.org/p/hastings-district-council-lets-get-the-parrots-out

1.3 The following table shows a breakdown of the geographic whereabouts of the 616 signatures.

Location	Number of signatures
Hastings	62
Napier	49
Rest of New Zealand	420
Overseas	85

1.4 The petitioners believe the two large parrots are in a poor environment and are unhealthy. They have asked that they be permanently relocated into the lead petitioner’s care.

1.5 A veterinary surgeon has inspected the birds and reports that they are mentally and physically healthy. In addition the Society for the Prevention of Cruelty to Animals (SPCA) have visited the birds and they state they are generally well looked after but they support the improving the aviary for an enhanced environment. In order to help resolve the requests to relocate the parrots, the SPCA have offered to seek an interim improved new home while cage improvements are undertaken.

1.6 On 19 March 2019 Council considered the future of the aviary as part of the Cornwall Park Management Plan (CRMP). Several submitters spoke about the birds and their housing. 104 local submitters supported the retention of the aviary. Council is aware that the aviary as a whole is a valued facility and it was acknowledged that the parrots’ enclosures should be enlarged. The Cornwall Park Reserve Management Plan responded to this issue and $75,000 funding has been allocated to enlarge the cages this financial year. The design work has commenced with the parrots’ cages being the first priority.

1.7 Officers believe that the birds are healthy and could appropriately stay where they have been for many years. It is however recognised that should an alternate improved location be sourced by the Society for the Prevention of Cruelty to Animals (SPCA) the parrots could be temporarily put into the care of the SPCA, while the cages are being refurbished.

1.8 Officers are aware of the concerns of the petitioners with regard to the caging of the two parrots. Council has discussed the issue of avian welfare as part of the CRMP and resolved to make funding available to improve the cages. Staff currently have the cage improvement work underway as an operational matter.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council receives the petition titled “Let’s get the Parrots Out.”

B) That Council uphold its 2020/21 Annual Plan and Reserve Management Plan commitments of retaining the birds in enlarged and enhanced cages.

C) That should the SPCA find suitable temporary location for the two parrots, they can be temporarily given into the care of the SPCA, until the cage improvements are completed.

2.1

Attachments:

1 ⇩

Vet Report

CFM-17-8-6-20-542

Thursday, 3 September 2020

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Rowan Wallis, Environmental Policy Manager

Te Take:

Subject:

Review of the Gambling Act - Recommendations from District Planning and Bylaws Subcommittee meeting on 5 August 2020

1.0 Summary

1.1 The purpose of this report is to seek approval on the recommendations made by the District Planning and Bylaws Subcommittee on the proposed class 4 gambling venue and TAB venue policies held on 5 August 2020.

1.2 The approved recommendations will be used to notify the draft documents for public feedback under the special consultation process of the local government act.

1.3 The subcommittee has recommended that the class 4 gambling venue policy moves from a capped approach, to that of a sinking lid. The move towards a sinking lid includes the removal of the current relocation policy.

1.4 For the TAB venue policy, the subcommittee has recommended a move from an open policy to cap the number of TAB venues in the district (refer to Attachment 3).

1.5 Background information and the relevant District Planning and Bylaws Subcommittee recommendations to be ratified are set out below.

2.0 Background

Class 4 Gambling Venue Policy

2.1 The Gambling Act 2003 and Racing Act 2003 specifies that a city council or district council must have a class 4 venue policy and TAB venue policy. A council’s venue policy sets out the rules around class 4 venues and TAB venues in their district. The aim of the venue policy is to give local councils and the communities they represent a say in how class 4 gambling operates in their district, this is in line with the Gambling Act’s purpose.

2.2 For a class 4 gambling venue policy, Councils can use either a sinking lid or a cap. The policy may include or exclude a relocation policy. These options are discussed below.

2.3 The capped approach means that every time a venue closes, the number of machines permitted in the Hastings District remains the same. This means that other venues can apply for additional machines if their permitted number of machines hasn’t been exceeded or if a venue is looking to host machines at their premise.

2.4 The use of sinking lid policy is adopted to decrease the number of gaming machines or class 4 venues over time. A sinking lid policy prohibits any new gaming machines or venues for the district. However, there is a six month period after a venue closes before the licence expires. So potentially another activity can establish at the premise and operate the machines along with their activity as the licence is still active.

2.5 The sinking lid policy cannot force venues to reduce the number of machines they are operating, so only affect any new proposals.

Sinking Lid vs Capped Policy

2.6 The last Gambling Policy review was undertaken in 2017 and resulted in a change from a ‘sinking lid’ policy to a ‘capped’ policy to control class 4 gambling in the District. The policy included the retention of the relocation policy with increased flexibility for some venues.

2.7 The current policy is a cap of 293 machines that may operate where currently 276 machines are operating within the district (permitted up to 278 without the need for Department of Internal Affairs consent). The policy also includes a relocation policy which gives flexibility to some venues.

2.8 New venues can apply to host machines (maximum of 9) where Council consent is required. With any application received, the applicant is required to demonstrate how they meet the performance standards of the class 4 gambling venue policy.

2.9 The benefit of the capped option is certainly that community funding will be maintained while the control of harm created through gambling can be controlled by the maximum number of machines. Retaining a relocation policy would be beneficial to enable the re-establishment of venues away from sensitive sites.

Relocation policy

2.10 A relocation policy enables a venue to move the licence to another premise (e.g. when a lease expires, building is upgraded or has been damaged).

2.11 Section 101 (3) (c) of the Gambling Act 2003 says that a policy may include a relocation policy. It does not state that a council must have a relocation policy.

TAB Venue Policy

2.12 The Racing Act 2003 specifies a territorial authority must complete a review of a policy within 3 years after adopted, and then within 3 years after that review and each subsequent review is completed.

2.13 In terms of the TAB Venue Policy, Hastings District Council has the ability to regulate whether or not new stand-alone TAB venues may be established in the district and if so where these may be located. Council consent is not required under the legislation to establish a TAB facility in a bar, hotel or club. The District has just one stand-alone TAB venue (Stortford Lodge).

3.0 Options

3.1 The following options were identified and discussed with the subcommittee for consideration for this review;

Class 4 gambling venue policy:

3.2 Option One: New cap level of 278. This would be a reduction from 293 machines under the current policy. This means that gaming machines in the Hastings District will be maintained at the current level which would be at a ratio of 3.41 machines per 1,000 residents (retain relocation policy).

3.3 Option Two: Current Cap level of 293 machines, making 15 gaming machines available for existing or new venues (retain relocation policy).

3.4 Option Three: Sinking lid; no new machines or venues will be permitted in the Hastings District. As machines are not utilised the number available drops (retain relocation policy).

3.5 The officer’s recommendation was option one with minor amendments of the policy as set out in paragraph 3.2 above. The full report which was considered by the District Planning and Bylaws Subcommittee is attached as Attachment 4.

3.6 Following a full debate, the subcommittee unanimously agreed to recommend to Council that the current gambling policy be changed from a capped to a sinking lid policy with no relocation policy to reduce harm from gambling in the District.

3.7 In reaching this decision, the subcommittee noted the 2019 research undertaken by the Department for Internal Affairs (DIA) which showed that Hastings players were spending longer hours playing gaming machines, betting more per game and more players were playing ‘pokie’ machines.

3.8 It was noted that problem gambling disproportionately affected deprived and low income families, of which a significant proportion in this district are Māori. The subcommittee considered that the benefit from community grants derived from gaming machine profits from non-club and club societies did not outweigh the community harm from gambling particularly in our vulnerable communities.

3.9 TAB Venue Policy:

3.10 The subcommittee recommended a move from an open policy for TAB venues to a cap of one TAB venue for the district.

3.11 The officer’s recommendation was the retention of the open TAB venue policy with minor changes.

4.0 Next Steps

Special Consultative Procedure

4.1 The proposed timeline under the special consultative procedure is as follows:-

· 5th August 2020 - seek approval from the District Plan and Bylaws Subcommittee for the proposed reviewed document to go to Full Council meeting.

· 3rd September 2020 - Council meeting seeking approval to adopt the statement of proposal and commence the special consultation process.

· Public Notice for submissions will open 12th September 2020.

· Notice and submission forms will be delivered to all three libraries.

· There will be the ability to submit online through My Voice My Choice.

· Council’s website and Facebook page will be linked to an online submission process.

· Public notice will be in the Hawke’s Bay Today and Hastings Leader.

· Submission period ends 11th October 2020.

· Council hearing date to be set for 1st December 2020.

· Decision of policies to be released two weeks after conclusion of hearing.

4.2 In addition to general community notification, the following stakeholder groups will be notified;

· Groups representing Maori (marae, Te Puni Kōkiri, Ngāti Kahungunu Iwi Incorporated)

· Hawke’s Bay District Health Board

· Hāpai te Hauora (Māori Public Health)

· NZ Racing Board

· Post Settlement Governance Entity (PSGE) Ngāti Pāhauwera Development Trust, Maungaharuru Tangitū Trust, Mana Ahuriri Trust, Hineuru Iwi Trust, Heretaunga Tamatea Settlement Trust, Te Whanganui-a-Orotū, Ngāti Kahungunu Iwi Incorporated.

· Societies and Clubs who currently own the machines in the district

· Te Rangihaeata Oranga (HB problem gambling)

· Venue operators (bars)

5.0 Recommendation– Ngā Tūtohunga

A) That the report of the Environmental Policy Manager titled “Review of the Gambling Act - Recommendations from District Planning and Bylaws Subcommittee meeting on 5 August 2020” be received.

B) That the Council adopt for consultation under the Special Consultative Procedure of the Local Government Act 2002, the Class 4 Gambling Venue Policy and TAB Venue Policy, and Statement of Proposal, appended to this report as Attachments 1, 2, and 3 and incorporating any amendments made at its meeting of 3 September 2020.

Attachments:

1 ⇩	Class 4 Gambling Venue Policy and TAB Venue Policy Statement of Proposal 5th August 2020	STR-3-4-20-461
2 ⇩	Class 4 Gambling Venue Policy	STR-3-4-20-463
3 ⇩	Tab Venue Policy	STR-3-4-20-464
4 ⇨	Class 4 Gambling Venue and TAB Venue Policies Review - Report to District Planning and Bylaws Subcommittee - 5.8.20	CG-16-2-00300	Under Separate Cover

Class 4 Gambling Venue Policy and TAB Venue Policy Statement of Proposal 5th August 2020

Attachment 1

Statement of Proposal

PROPOSED CLASS 4 GAMBLING VENUE POLICY & TAB VENUE POLICY

cid:image004.png@01D67AD9.EA7DC050

1. INTRODUCTION

1.1. The Gambling Act 2003 and the Racing Act 2003 requires all Territorial Authorities to develop a Class 4 Gambling and TAB Venue policy. The Hastings District Council adopted a Class 4 Gambling Venue Policy and TAB Venue policy in May 2004 and three yearly reviews were undertaken and completed in May 2007, September 2010, August 2013 and May 2017 in accordance with the Gambling Act 2003 and Racing Act 2003.

1.2. The Class 4 Gambling Venue Policy and TAB Venue policies currently have the following objectives:

· To support the purpose and intent of the Gambling Act 2003.

· To avoid the establishment of class 4 gambling activities in locations close to residential areas, public facilities or other identified land uses sensitive to gambling activities.

· To avoid the proliferation of class 4 gambling venue strips or blocks within the city

· To encourage responsible gambling practices and attitudes in class 4 gambling venues

· To minimise the potential for new entrant problem gamblers by reducing accessibility to gambling venues

· To reduce the exposure and risk of under-18 year old persons to gambling opportunities and the promotion of gambling

· To ensure as far as practicable that actual and reasonable costs relating to venue consent applications are borne by the applicant(s)

· To control the growth of gambling within the scope of the Gambling Act 2003, while providing for the continued availability of sports or race betting within Hastings District in accordance with the purpose and intent of the Gambling and Racing Acts.

2. REASON FOR PROPOSAL

2.1 Under the Gambling Act 2003 all Class 4 Gambling and TAB Venue policies must be reviewed on a three yearly basis. The current policies were adopted in May 2017 and are therefore due for review. The current policies can be viewed on the council website at https://www.hastingsdc.govt.nz/assets/Document-Library/Policies/Gambling-Strategy/Class-4-Gambling-Venue-Policy.pdf? and https://www.hastingsdc.govt.nz/assets/Document-Library/Policies/Gambling-Strategy/Gambling-TAB-Venue-Policy-Final.pdf?

2.2 Section 102(5A) of the Gambling Act provides that the first time a territorial authority commences a review of a policy after the Gambling (Gambling Harm Reduction) Amendment Act 2013 comes into force, the territorial authority must (and may at any other time) consider whether to include a relocation policy (as defined in section 101(5)) in its class 4 venue policy. As this review is the second review since the Amendment Act came into force on 14 September 2013, this review also considers the merits of a relocation policy.

2.3 This proposal is for a change of the current cap policy to a sinking lid and with the removal of the relocation policy. The proposal includes some minor wording amendments to the existing Class 4 Gambling Venue Policy. The proposed sinking lid policy with no relocation for gaming machines will reduce the current number of machines operating in the district over time

2.4 The TAB Venue policies will move from an open policy to a cap of one TAB venue in the District. Minor changes are proposed to the TAB venue policy for internal consistency. The number of TAB venues is proposed to limit the number in the District. Any new TAB venue proposal will be subject to the zone and locational requirements.

2.5 The proposed sinking lid with no relocation policy and TAB venues cap is based on a meeting held with the District Plan and Bylaws sub-committee where it was discussed on the options available and best solution to control class 4 gambling in the district. It was concluded that the sinking lid with no relocation policy was the best option as this provides for gambling but with emphasis to reduce mahine numbers over time.

2.6 The proposed amendments are as follows:

Class 4 Gambling Venue Policy

Clause 1 (points 3 and 4) “Introduction”.

· Include no new machines or venues will be permitted in the district.

· Remove reference to may include a relocation policy.

Clause 2 (points 3 and 4) “Anticipated Outcomes”.

· Delete “any new class 4 gambling venues shall be established within the central commercial zone, Havelock North Village Centre zone”.

· Delete “class 4 gambling club venues can only relocate in a limited number of defined zones”.

Clause 3 (point 3) “Objectives of the Policy”.

· Remove reference to city and replace with District.

Clause 4 (i and ii)“Establishment of Class 4 Machines & Venues”

· Delete reference to ‘cap’ and replace with Sinking lid.

· Delete (i) A proposal to establish a new Class 4 gambling venue is not within the Central Commercial zone, Havelock North Village Centre zone (as defined in the maps in this policy)

· Delete “The total number of gaming machines in the Hastings District exceeds 293” and replace with “No new venues or machines will be permitted within the district”.

Clause 5 “Exceptions from Meeting Parts of the Policy”

· Delete 5.1 Venue Relocation

· Council may grant consent under s 98(c) of the Act to a proposal to change the venue to which a class 4 venue licence currently applies, provided that the relocation of a venue to which a Class 4 Venue licence currently applies can only occur within the Hastings Central Commercial or the Havelock North Village Centre zones with the following exception:

· That the existing venues at Stortford Lodge and Clive, can only relocate within the Stortford Lodge and Clive zones as defined in the attached maps or within the Hastings Central Commercial or Havelock North Village Centre zones.

· In accordance with s 97A (2)(b) of the Act the maximum number of gaming machines permitted to operate at the new venue at the time when the new class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled.

Clause 6 (iii) “ Social impact considerations when applying to all class 4 gambling venues under this policy”

· Delete reference to “liquor” and replace with “alcohol”

Clause 7 (vii) Applications

· Remove reference to liquor and replace with alcohol and add including licence number.

Clause 8 (ii) “Hearing considerations”

· Add social impact considerations.

Clause 8 (vii) “Hearing considerations”

· Delete as the removal of the relocation policy is proposed “The extent to which the relocated venue is giving effect to the sinking lid policy by resulting in a lesser number of machines overall, and”

Clause 9 (ii) “Application Fees”

· Include in accordance with section 150 of the Local government act.

Table reference to review date “Hastings District Council Class 4 Gambling Venue Policy”.

· Replace Date by which review must be completed and replace with review date.

TAB Venue Policy

Clause 2 “Objective of the Policy”

· Include the following “The number of TAB venues for the district is capped at one”.

Clause 4(i) “Where TAB venues may be established”

· Include Hastings to Central commercial zone.

Table reference to review date “Hastings District Council Class 4 Gambling Venue Policy”.

· Replace Date by which review must be completed and replace with review date.

2.5 Section 102(6) of the Gambling Act provides a policy does not cease to have effect just because it is being reviewed. Therefore, the current policy remains in place until a new policy is formally adopted.

3. WHAT IS THE PERCIEVED PROBLEM?

Thursday, 3 September 2020

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Bruce Allan, Group Manager: Corporate

Te Take:

Subject:

Hawkes Bay Community Fitness Centre Trust Lease Amendment

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to seek approval from Council to amend the lease arrangements with the Hawke’s Bay Community Fitness Centre Trust (HBCFCT) following the announcement that the Trust has received $32m from the Crown Infrastructure Partners (CIP) shovel ready infrastructure fund for the development of a 50 metre swimming pool.

1.2 The lease requires amendment to accurately represent the area of land leased by the Trust and to provide security over the tenure of the land to satisfy CIP funding requirements.

1.3 The amendment to this lease will also affect the lease arrangements with the Hawke’s Bay Regional Sports Park Trust (HBRSPT).

1.4 The leases with HBRSPT and HBCFCT both require Council approval prior to any development works occurring on the land covered in this lease. This report also seeks that approval for the HBCFCT to build the Indoor Aquatics Facility which includes a 50m swimming pool, the northern extension to the existing Sports Hall and the hostel. Note that any approval given at this time does not pre-empt any regulatory decisions that may be required in the future.

1.5 This report recommends that the lease adjustments required to provide the HBCFCT with the land tenure it requires to secure the CIP funding is approved. The report also recommends to Council that approval be given to HBCFCT to proceed with a project to construct the proposed Indoor Aquatic Facility, the northern extension to the Sports Hall and the hostel on the Regional Sports Park land.

1.6 Both Trusts have indicated their general approval of the plans being put forward, however some minor amendments may yet be required. It is recommended that the Chief Executive be delegated authority to negotiate those minor amendments if required.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council receives the report titled Hawkes Bay Community Fitness Centre Trust Lease amendment.

B) That the Council provide their approval of the development of an aquatic facility, the northern extension of the main sports hall and the hostel to the Hawke’s Bay Community Fitness Centre Trust.

C) That Council amends the leases with the Hawke’s Bay Community Fitness Centre Trust and the Hawke’s Bay Regional Sports Park Trust to accurately reflect the areas each Trust occupies at the Regional Sports Park with the following map to be incorporated.

D) That the Chief Executive be given delegated authority to make any other minor amendments to the leases, including the maps to enable this change to be made.

3.0 Background – Te Horopaki

3.1 Council amended the lease arrangements at the Hawke’s Bay Regional Sports Park (now Mitre 10 Park) in February 2018 to recognise the new Hawke’s Bay Community Fitness Centre Trust, acknowledging the area of the park that the new Sports Hall was to be located, areas of common space and potential future development areas.

3.2 The current map included in the lease with the allocation of land between the leases is as follows with the balance of land leased to the HBRSPT. A copy of the current signed lease with HBCFCT is attached as Attachment 1.

3.3 When Council entered into the current lease arrangements there was an acknowledgement that there could be future development and Area 4 on the above plan identified a future development area for a swimming pool. The actual area required for the aquatic facility is now more than was previously anticipated and now encroaches into what was Area 5.

3.4 The HBCFCT has been successful in attracting $32m of CIP funding and requires the lease with Council to be amended to provide them with security of land tenure to satisfy CIP requirements and secure the funding under contract.

3.5 The actual location of the existing Sports Hall differs slightly to the lease arrangements above and a correction to the lease boundaries between the two trusts is also required to remedy that.

3.6 Under the current lease arrangements, HBCFCT and HBRSPT require Council approval prior to developing or erecting any buildings or other improvements upon the land that they lease. Clause 13 which details this requirement is detailed below. Note also that Council needs to satisfy itself that the HBCFCT has the resources to not only deliver the capital project, but also operate the facility. Council’s main interest in the operating space will be to ensure it has sufficient comfort that HBCFCT can operate the facilities in a financially sustainable manner. If Council is to grant approval at this stage for the development to proceed, this does not obligate Council to any future operational or capital contributions.

3.7 The HBCFCT have requested that the lease boundaries be adjusted to accommodate the Aquatic Facility, northern extension of the Sports Hall and the enlarged area required for the hostel. The following plan is what has been submitted by HBCFCT.

3.8 The proposal put forward by HBCFCT does encroach on the existing car parking which is at a premium during events and Saturday mornings. The HBRSPT have estimated that approximately 150 carparks will be lost with this development and will be replaced.

4.0 Discussion – Te Matapakitanga

4.1 The HBRSPT have signalled their strong support for the aquatic and hostel facilities and the necessary lease adjustments. Council has requested from both the Trusts a strategic plan for future developments and this is currently being scoped. However the outcome and recommendations from that strategic plan will not be available to inform this decision in the timeframes required.

4.2 Lease boundaries

4.3 Council Officers have worked with both Trusts to ensure the new lease boundaries are in the most appropriate place. It has been important that all developments planned for the immediate future are recognised to understand how each will be impacted, noting that this has been completed without the strategic plan referenced above. The following plan sets out all those developments which includes identifying suitable land for car parking and the HBRSPT’s plans for the cricket and boxing facility. The plan also adjusts the requested HBCFCT areas to reflect the actual space requirements for the new facilities, with specific adjustments made to:

· The hostel area so that it does not encroach on the turning circle by the Grandstand

· The southern end of the Aquatic Facility is shortened so that it represents actual land requirements.

4.4 Based on the plans above and the original map in the lease documents the new map proposed to be included in the lease are as follows. Both the HBCFCT and HBRSPT have indicated their agreement to the new map.

4.5 Approval for development

4.6 HBCFCT have received confirmation of $32m of funding from CIP for the delivery of the Aquatics facility and $5m for the hostel from the PGF, ensuring that these two facilities are fully funded. Progress continues for fundraising for the full Northern extension of the Sports Hall however $3m has already been secured from Lotteries/DIA for the extension of the courts and strength and conditioning gym and that development will be undertaken concurrently with the hostel construction phase. The remaining North-east admin and community gym extension will then be pursued once those additional funds are raised. HBCFCT have a track record of delivering projects on time and to budget with the completion of the $19m Sports Hall in 2019.

4.7 The requirement in the lease for Council to be satisfied that HBCFCT have sufficient resources to deliver the facilities operationally, requires some scrutiny with a comprehensive feasibility study undertaken on the aquatic facility which presents a financial position that generates a small surplus in year 1, increasing to an estimated surplus of $176,000 by year 3. If the aquatics facility was to make a loss, it would encumbered on the HBCFCT to either recover those losses from the balance of their operations, previously accrued reserves or future years. There has been no approach to Council by HBCFCT to meet any potential operational losses or underwrite its operations.

4.8 The feasibility study has been undertaken by APR Consultants, experienced specialists in strategic and environmental planning, business and economic development and social and market research. The operational model included in the feasibility study has been modelled off the AUT Millennium Institute of Sport on the North Shore of Auckland and resized for the Hawke’s Bay context.

4.9 While the feasibility study presents an operationally sustainable facility for HBCFCT, it does not consider the impact that this facility will have on Council’s own network of aquatic facilities. While Sir Graeme Avery and the HBCFCT have previously indicated that future stages of their development could include an aquatic facility, it was not expected that the funding required for such a facility would be available so soon, and as such, planning and analysis of what the impact could be on Council’s own network of aquatic facilities has not been undertaken.

4.10 An Aquatics review undertaken in 2010 identified that an additional aquatic facility would be required in the Hastings area, however this has not been progressed.

4.11 Car parking replacement

4.12 The footprint of the new aquatics facility removes approximately 150 carparks from circulation at the Sports Park which will be required to be replaced. HBCFCT have confirmed that their development plans include replacement car parking plus an increase in carparks provided to accommodate the increased use at the Park due to the Aquatics facility.

4.13 There is an opportunity to provide additional car parking facilities utilising a stormwater detention area, however more work is required to understand if a hard standing permeable surface could be used that didn’t compromise the primary use of that area which is to act as a stormwater detention area and was a use that was in line with current consents.

4.14 HBCFCT have initiated a strategic review of the transport links within the Sports Park including car parking which will help inform any future solutions. Car parking requirements will also feature in the scope that is being prepared for the strategic review that both Trusts will be undertaking.

5.0 Options – Ngā Kōwhiringa

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

5.1 Agree to the HBCFCT development and construction of the northern extension of the Sports Hall, the development of the Aquatics facility and the hostel and to the changes in the areas leased by the HBCFCT and the HBRSPT required to enable these developments.

Advantages

· The HBCFCT have had unprecedented success in raising funds for the delivery of the capital build for the aquatic facility, extension to the Sports Hall and the hostel. Previous aquatic strategy reviews for Hastings aquatics facilities have identified the need for additional aquatics facilities and this opportunity provides that outcome at no cost to Council and at this stage the feasibility study indicates that there is no additional operational cost to Council.

Disadvantages

· The impact of the Aquatics Facility on Council’s network of pools is currently unknown and approving this development at the Sports Park without this knowledge could have quite a detrimental effect on Council’s facilities including reduced operating revenue opportunities and therefore increased ratepayer contributions to meet the costs of those facilities. This facility will however be meeting a regional need for a 50 m swimming pool and the timing of its delivery will allow Council time to develop alternative delivery models and services at Council pools.

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

5.2 Decline approval for the construction of the Aquatics facility and request officers to undertake a strategic review of Council’s aquatic facilities to understand the implications on its own network if this new facility was to be built.

· Declining approval for the construction of the aquatics facility removes some of the immediate need for the leases to be adjusted. There will still be some requirement to provide approvals to the HBCFCT for the development of the extension to the Sports Hall and the hostel.

· Declining approval does however put at risk the $32m secured for the Aquatics facility and this option is not recommended.

6.0 Next steps – Te Anga Whakamua

6.1 Providing Council provides approval to these developments and for the leases to be amended accordingly, the next steps will be to formally advise the Trusts of this decision and engage Council solicitors to amend the leases as directed.

Attachments:

1 ⇩

HDC - HBCFCT Deed of Lease

EXT-10-10-20-15

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 and economic wellbeings of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

There are a number of wider health and wellbeing benefits that will flow from the investments being made by the HBCFCT that will also benefit local Hapu and Iwi. The author has spoken with Pou Ahurea Matua to understand the benefits and look for further opportunities into the future.

Sustainability - Te Toitūtanga

N/A

Financial considerations - Ngā Whakaarohanga Ahumoni

At this stage there are no financial considerations for Council in regard to the build of these complexes at the Sports Park. There is however the unknown effect of the new Aquatic Facility on Council’s own network of swimming pools.

Significance and Engagement - Te Hiranga me te Tūhonotanga

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

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

There has been consultation with the two Trusts affected but no consultation with the wider community.

Risks

There is a risk to Council that if the facilities are not able to be operated as expected, there may be future call on Council finances to assist with the operations of these facilities, in particular the Aquatics Facility.

There is also a risk that the Aquatics Facility will materially affect the existing swimming pool network provided by Council, affecting income and the amount of rates income required to subsidise these facilities.

Opportunities – this proposal from HBCFCT creates huge opportunities for Council, the District and the Region. An aquatic facility of this nature being built in the Hastings District without any ratepayer funding is unprecedented and will create opportunities for a large number of improved health and wellbeing outcomes plus economic outcomes with the ability to host significant national and regional events.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A

Thursday, 3 September 2020

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 Cunningham Crescent, Frederick Street West, Frimley Road, Hastings Street South, Campbell Street, Northern Carpark, Omahu Road, Orchard Road, Queen Street East, Warren Street South Leased Carpark and Loading zones in the Hastings CBD.

1.2 This report contributes to the purpose of local government by primarily promoting economic wellbeing and more specifically through Council’s strategic objectives of:

· Reducing public nuisance and threats to public health and safety

· Moving people and goods around safely and efficiently

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

1.4 A summary of the proposed changes is as follows:

ROAD	EXISTING CONTROLS TO BE REMOVED	PROPOSED CONTROLS
Cunningham Crescent	2 bus stops	1 bus stop (centralised)
Frederick Street West	None	School Drop Off and Pick up Zone
Frimley Road	P5 parking spaces	School Drop Off and Pick up Zone
Hastings CBD Loading Zones	Loading Zone 5min Maximum Goods Vehicles Only	P5 Loading Zones
Hastings Street South	None	School bus stop
Campbell Street	P5 parking spaces	School Drop Off and Pick up Zone
Northern Carpark	None	Electric Vehicle Park
Omahu Road	None	No Parking lines
Orchard Road	Incorrect school drop off times	Correct school drop off times
Queen Street East	None	P5 Loading Zone
Warren Street South Leased Carpark	None	No Parking 5.30pm to 7.30am on weekdays. No parking at all times on weekends

1.5 Amendments to Bylaws require a resolution of Council.

2.0 Recommendations – Ngā Tūtohunga

A) That the Council receives the report titled Error! No document variable supplied..

B) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing bus stop located outside of 1112 Cunningham Crescent be revoked.

C) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing bus stop located outside of 1218 Cunningham Crescent be revoked.

D) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that a bus stop be established on the western side of Cunningham Crescent commencing 14 metres south of 1202 Cunningham Crescent and extending 20 metres south.

E) 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 the existing spaces on the northern side of Frederick Street West commencing 17 metres east of the intersecting line with Konini Street and extending 27 metres east become a Drop Off and Pick up Zone. The times being 8-15am to 9am and 2–30pm to 3–15pm School Days Only.

F) 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 the existing spaces on the southern side of Frederick Street West commencing 77 metres west of the intersecting line with Waipuna Street and extending 60 metres west become a Drop Off and Pick up Zone. The times being 8-15am to 9am and 2–30pm to 3–15pm School Days Only.

G) That Council resolve pursuant to Clause 5.3.1(a) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing P5 time limits located on Frimley Road outside of Frimley Primary School be revoked.

H) 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 the existing spaces on the southern side of Frimley Road commencing 65 metres west of the intersecting line with Pakowhai Road and heading 85 metres in a westerly direction be amended to became a Drop Off and Pick up Zone. The times being 8am to 9am and 2–30pm to 3–30pm School Days Only.

I) That Council resolve pursuant to Clause 5.3.1(a) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing Loading Zone 5min Maximum Goods Vehicles Only located in the Hastings CBD area be revoked.

J) 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 the previously revoked areas in (I) become P5 Loading Zones.

K) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that a time limited bus stop be established on the western side of Hastings Street South commencing 72 metres south of Akina Street and extending 15 metres south. The times being 8:00am to 8:20am, and 2:50pm to 3:15pm School Days Only.

L) That Council resolve pursuant to Clause 5.3.1(a) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing P5 time limits located on Campbell Street outside of Havelock North Primary School be revoked.

M) 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 the existing spaces on the eastern side of Campbell Street commencing 36 metres south of the intersecting line with Busby Hill and heading 37 metres in a southerly direction be amended to became a Drop Off and Pick up Zone. The times being 8am to 9am and 2–30pm to 3–30pm School Days Only.

N) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that another Electric Vehicle (EV) car park be established next to the existing EV park in the Northern Carpark as shown in section 4.7 of this report.

O) 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, revoke two parking spaces outside of Caltex Petrol Station on Omahu road, located 130 metres west of Wilson road and extending 12 metres.

P) 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 the P5 time limited signs on the northern side of Orchard Road be changed from 8-30 – 9-30am to 8am – 9am.

Q) 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 on the northern side of Queen Street East commencing 48 metres east from the intersecting line with Russell Street North and extending 12 metres east.

R) 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 all vehicles are restricted from parking in the Warren Street South Leased Carpark from the hours of 5.30pm to 7.30am Monday to Friday, and at all time on weekends.

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 Cunningham Crescent – Bus stop

Kainga Ora are developing a residential property behind numbers 1112 and 1218 Cunningham Crescent, for this project to succeed the existing bus stops need to be moved as the proposed vehicle entrance is in the middle of the bus stop. The proposal is to remove both bus stops and install a new bus stop near Bill Matthewson Park.

Initially residents were consulted on the original proposed site at 1116 Cunningham Crescent, but they refused to have the bus stop located outside their properties. An alternative site was found in Cunningham Crescent where this would not affect households.

4.2 Frederick Street West - Mahora School – Drop off and Pick up area

Mahora School approached Hastings District Council to investigate installing Drop off and Pick up only areas.

Presently the school have no time limited parking and have trialled drop off and pick up signs with really good success.

Although limited consultation was carried out as this is only able to be done at certain times during the school week, parents have been very receptive to the parking and is working well.

4.3 Frimley Road - Frimley School – Drop off and Pick up area

Frimley School approached Hastings District Council to investigate installing Drop off and Pick up only areas.

Presently the school have P5 parking spaces, but people are staying in these longer than the allocated time. In response the school has placed their own sign boards out on the footpath encouraging parents to drop off and move on.

Although limited consultation was carried out as this is only able to be done at certain times during the school week, parents have been very receptive to the parking and is working well.

4.4 Hastings CBD – Loading Zone Sign Changes

Hastings CBD has various types of loading zones which can and has led to confusion when non-commercial vehicles are dropping off goods. This has resulted in residents getting ticketed.

Having one type of Loading Zone across the CBD will result in less confusion, allow non-commercial vehicles to use loading zones, especially when unloading goods outside of charity shops.

Currently there are 6 Loading Zone 5min Maximum Goods Vehicles Only areas in the CBD.

Hastings District Council Parking Wardens brought to light the issue of the confusing Loading Zone Signs and are in favour of having a consistent approach to the loading zones across the CBD.

4.5 Hastings Street South – Bus stop

Hastings Intermediate School approached Hastings District Council to install a school bus stop outside of the school. This will allow for the safe pick up of students.

The bus stop will have a time limit on School Days Only - 8:00am -8:20am and 2:50pm - 3:15pm.

Limited consultation was carried out, as the proposed area is outside the school and affects no households.

4.6 Havelock North Primary School – Drop off and Pick up area

Havelock North School approached Hastings District Council to investigate installing Drop off and Pick up only areas.

Although limited consultation was carried out as this is only able to be done at certain times during the school week, parents have been very receptive to the parking and is working well.

4.7 Northern Carpark – Electric Vehicle Park

Electric Vehicle owners approached Hastings District Council to provide an extra EV park, at present there is only one park.

The EV machine allows for up to two vehicles to charge at once. There have been more and more instances of EV vehicles waiting to charge while another is charging.

EV usage has grown and is expected to grow over the next few years.

This request came from the EV users in the CBD. Parking officers agree with this proposed change.

4.8 Omahu Road – Carpark Removal

Officers were requested to investigate the removal of two carparks due to safety concerns.

When trucks park in the carparks they block the view of vehicles exiting the petrol station, removing 2 carparks nearest to the exit will improve visibility when exiting the petrol station.

Hastings District Council Traffic Engineering Officer was consulted on the accidents in the last 10 years in the area and agreed about the safety concerns raise.

In consultation with the Caltex owners there was agreement to remove 2 carparks closet to the main exit to improve visibility.

4.9 Orchard Road – P5 Restrictions

The School drop off zone signs on the northern side of Orchard Road, opposite Heretaunga Intermediate does not match the sign on the southern side and need to be changed for consistency.

This was previously consulted on however the signage does not match the original proposal.

4.10 Queen Street East – P5 Loading Zone

OM Bakery have approached Hastings District Council to install a loading zone in the area as they have delivery trucks that are parking on the no stopping lines which is causing visibility issues for traffic.

Businesses in the immediate area were consulted and agreed on the proposed changes and welcome the idea of a P5 loading zone in the area. Parking Officers agree with the proposed change.

4.11 Warren Street South – Leased Carpark Time Restriction

Council resolved earlier this year to transform the Warren Street carpark into a multi-use space – leased carpark by day, and outdoor dining and event space after hours and weekends. There will be 13 carparking spaces in the new carpark: 7 on the northern side and 6 on the southern side. Gin Distillery and Common Room have agreed to lease all 7 on the northern side.

To allow for this outdoor dining and event space to operate, parking will be restricted between 5.30pm and 7.30am on weekdays and at all times on weekends.

During the hours of 7.30am to 5.30pm on weekdays the carpark will be available for leaseholders.

Consultation was undertaken with existing leaseholders and hospitality management and an agreement was made on a suitable arrangement.

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

Details of the consultation for each proposal is included in the discussion.

Risks: Legal - Ngā Tūraru: Ngā Ture

N/A

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A

Thursday, 3 September 2020

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Dr James Graham, Pou Ahurea Matua - Principal Advisor: Relationships Responsiveness and Heritage

Te Take:

Subject:

Summary of Recommendations from Heretaunga Takoto Noa Māori Standing Committee 5 August 2020

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to advise Council that one of the recommendations from the Heretaunga Takoto Noa Māori Standing Committee held on 05 August 2020 requires ratification by Council.

1.2 The relevant Heretaunga Takoto Noa Māori Standing Committee recommendation to be ratified is set out below.

2.0 Recommendations – Ngā Tūtohunga

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships Responsiveness and Heritage titled “Summary of Recommendations from Heretaunga Takoto Noa Māori Standing Committee 5 August 2020” be received.

B) The following recommendation of the meeting held 5 August 2020 be ratified:

· That the Council ratify the Heretaunga Ararau Te Reo Māori Action Plan for adoption and implementation.

3.0 Background – Te Horopaki

3.1 On 11 September 2019, the Hastings District Council Heretaunga Ararau - Te Reo Māori Policy was officially launched in Council Chambers by Her Worship the Mayor Sandra Hazlehurst and our Council Kaumātua, Jerry Hapuku, with a number of staff and Councillors present. The policy was the first step in a two stage process of officially recognising te reo Māori at Hastings District Council, the second step, and that would follow at that time was the Hastings District Council Heretaunga Ararau - Te Reo Māori Action Plan.

Leading up to September 2019, the Pou Ahurea team consulted with Te Taura Whiri i Te Reo Māori (Māori Language Commission), Wellington City Council, Wairoa District Council, Te Kura Whakarauora, Ngāti Kahungunu Iwi Incorporated, and nationally recognised te reo Māori experts on the potential content, design, reo accuracy and format of a te reo Māori policy for Hastings District Council. Since September 2019 and up to this juncture, the Hastings District Council Heretaunga Ararau Te Reo Māori Action Plan has been further developed and refined to reflect the policy’s intent and to support the policy’s implementation across the Hastings District Council moving forward.

3.2 The Te Ture mō Te Reo Māori 2016 (Māori Language Act 2016) reaffirms the status of te reo Māori as an official language of Aotearoa New Zealand. This has particular implications for Government departments, Crown agencies and Crown entities. The Hastings District Council for instance, acknowledges the importance and significance of te reo Māori. In recognition of the status of te reo Māori as a taonga (treasure) protected under the Treaty of Waitangi, and within the spirit of the Te Ture mō Te Reo Māori 2016, Hastings District Council Heretaunbga Ararau Te Reo Māori Policy endorses the right of staff and Councillors to use te reo Māori.

3.3 The purpose of Heretaunga Ararau (both the policy and action plan) is to recognise the status of te reo Māori as a taonga of whānau, hapū, iwi and Māori, and to create a framework to direct and guide the actions of the Hastings District Council. In doing so, the Hastings District Council will have increased capacity and capability to celebrate te reo Māori and support the revitalisation of the language within Council activities and across Hastings city, and the wider Hastings district and thereby:

· Contribute to the revitalisation of the Māori language alongside the work and aspirations of other entities including Ngāti Kahungunu Iwi Incorporated and its te reo Māori strategy – Kahungunu, kia eke!;

· Enhance our effectiveness to engage and interact with tangata whenua customers, clients and stakeholders;

· Strengthen our identity as a New Zealand organisation anchored to place, to the region and to this country;

· Increase our organisational wellness by growing a confident and capable workforce; and,

· Meet other organisational priorities that are enhanced by the use of the Māori language such as Crown-Iwi relations, diversity and inclusion, and cultural responsiveness.

3.4 As a territorial local authority the scope of functions is broad and complex as detailed in the Council’s Long Term Plan (LTP). In its planning and delivery of services, the Hastings District Council recognises the importance of partnership with tangata whenua and responsibilities detailed within the Local Government Act 2002. Heretaunga Ararau (policy and action plan) will enable the Hastings District Council to meet its strategic goals and objectives as set out in:

· The Long Term Plan 2018 – 2028, Planning For Our Future;

· Local Infrastructure, which contributes to public health and safety, supports growth, connects communities, activates communities and helps to protect the natural environment;

· Local Public Services, which help meet the needs of young and old, people in need, visitors and locals, businesses and households; and,

· Regulatory functions, which help to prevent harm and help create a safe and healthy environment for people, which promote the best use of natural resources and which are responsive to community needs.

4.0 Discussion – Te Matapakitanga

4.1 Heretaunga-haukū-nui, Heretaunga-ara-rau, Heretaunga-hāro-o-te-kāhu, Heretaunga-raorao-haumako, Heretaunga-ringahora, Heretaunga takoto noa.

‘Ararau’ is a metaphorical representation of the district’s diversity, identity, innovation, and is an acknowledgement of place. Ararau is also symbolic in that it forms one part of the iconic whakatauākī (proverb) that identifies and represents the Hastings district presented above. Heretaunga Ararau is the cultural construct that represents both the Te Reo Māori Policy and the Te Reo Māori Action Plan at Hastings District Council. Consequently, Heretaunga Ararau brings together all of the different paths of local government here in the Hastings District including Corporate Finance, Planning and Regulatory, People and Capability, Community Wellbeing and Services, Major Capital Projects, Asset Management, Strategy and Development, Marketing and Communication, and the Office of the Chief Executive to celebrate, elevate and champion te reo Māori.

Heretaunga-haukū-nui: Heretaunga of the life-giving dews and waters

Heretaunga-haukū-nui describes the thick fog that hovers over Heretaunga and the heavy dews that envelop the land. This fog is a symbol of warm land, life enriching waters and a veritable breeding ground of fish, fowl, livestock, produce and fruit to support a huge and diverse community including communities across the nation, indeed globally. An interpretation of this line refers to the lifeblood from the awa (rivers), manga (streams), reporepo (swamps), roto (lakes) and the muriwai hou (aquifers), including the haukūnui (heavy mists); the lifeblood that sustains the Heretaunga and the Hastings district’s fertility and what the region’s renowned for across Aotearoa New Zealand.

Heretaunga-ara-rau: Heretaunga of converging pathways

Heretaunga-ara-rau is a saying about the myriad of pathways both on land and by water that all converge on Heretaunga due to the fertile oasis that Heretaunga was and remains today. Ararau also speaks of diversity, discourse, innovation, collision and a collusion of ideas, identity, and interpretations. These descriptors all refer to the productivity from the notion of ‘ararau’, which lends itself to great diversity and ultimately sustenance and production from the ‘ararau’ of Heretaunga.

Heretaunga-hāro-o-te-kāhu: Heretaunga from the eye of the hawk

Heretaunga-hāro-o-te-kāhu refers to the amazing beauty of the land and waterways, as seen by the sharp eye of the hawk in full flight. Today we have the luxury of drones, aircraft and other means to view the magnificent vista and landscape that is our home, Heretaunga. Features of this landscape too are recognised and acknowledged for their beauty today as reflected by recognised land categories such as, ‘outstanding natural landscapes’ and or ‘outstanding natural landscape features’.

Heretaunga-raorao-haumako: Heretaunga of the fertile plains

Heretaunga-raorao-haumako pays homage to the lowlands or plains that are rich and fertile lands, and that produce the vast range of horticultural and viticultural produce and fruits as well as the agricultural livestock that the lands nurture and grow. Papatūānuku (Earth mother) is the whenua (land) that nurtures and lends to the fertility of Heretaunga that together with the haukūnui, sustains life, both locally and globally through the quality export products that the land produces.

Heretaunga-ringahora: Heretaunga of its hospitality and open arms

Heretaunga-ringahora refers to the hospitality and or the manaakitanga (kindness) that the district is renowned for and has been known for since time immemorial. Ringahora is a metaphorical representation that symbolises manaaki with open hands and an acknowledgement of the welcome extended by tangata whenua (local people) to settlers and visitors to Heretaunga at the start of the 19^th century, where this legacy continues today not only from tangata whenua but from the wider established and diverse communities that comprise Heretaunga today.

Heretaunga takoto noa: Heretaunga of the departed chiefs

Heretaunga takoto noa is in reference to Heretaunga and its many departed chiefs. That is, people come and go but the land endures, and so strong leadership is necessary to ensure that the land is safe and well for generations to come. Heretaunga heritage sets the scene for greater leadership over the challenges ahead. The plains and wetlands were traditionally the common domain for all hapū although specific areas were the preserve of specific hapū or rangatira. Today, Heretaunga, the Hastings district is the home for 81 000 people, where everyone has a role to play in being custodians of Heretaunga for future generations to come. Governance, management and leadership that aspires to handing the land over in good condition to the ensuing generation will continue the legacy set as this whakatauākī alludes to and indeed celebrates.

4.2 Tangata Whenua

Tangata Whenua have cultural, spiritual, historical and traditional association with, and customary rights to the land and resources of Heretaunga, the Hastings district. The district has an extensive history of ancestral settlement, particularly in the former wetlands, waterways and coastal areas where food resources were abundant and extensive cultivations flourished. In pre-European times the people of Heretaunga and their predecessors were renowned for the abundance of their food gathering and cultivations. These aspects remain specific to the identity of Heretaunga, the Hastings district today and especially to the nature of its cultural heritage, landscapes, history and sense of community.

Land, humanity and the supernatural were and remain co-dependent entities in te ao Māori (Māori world) as well as specifically among local Heretaunga Māori traditions too; they co-exist and do so by a sequenced network of relationships (whakapapa) linking each entity, and that are maintained and strengthened by similar yet distinct cultural narratives and traditions of Heretaunga. Despite this cultural diversity amongst the tangata whenua of Heretaunga, Māori have a unique spiritual relationship with ‘place’ and with Heretaunga that underpins a commonly shared belief; an impression of unity and harmony with land and the environment; as tangata whenua.

4.3 Ngāti Kahungunu

Approximately 25% of the 81 000 population of Hastings district identifies as Māori with the majority belonging to the Ngāti Kahungunu iwi (tribe). Ngāti Kahungunu are the 3^rd largest iwi by population and account for 10% of the entire Māori population; only Ngāpuhi (1^st) and Ngāti Porou (2^nd) are larger. Ngāti Kahungunu Iwi Incorporated is a mandated iwi organisation with the authority to represent the people of Ngāti Kahungunu, and is the governing body for all aspects of iwi development. The Ngāti Kahungunu Māori Language Strategy 2013 - 2027 ‘Kahungunu, Kia Eke’ states that:

By the year 2027, the Māori language, along with its Ngāti Kahungunu distinctions, will be a principal language of communication for Ngāti Kahungunu in all events and places.

· People will be confident to use quality language within their communities;

· Ngāti Kahungunu will suitably safeguard its knowledge regarding the language; and,

· There will be a wide range of resources to support Ngāti Kahungunu descendants learning the language.

4.4 Te Tiriti o Waitangi, Māori Language Act 1987, Te Taura Whiri i te Reo Māori

The Treaty of Waitangi (1840) paved the foundations of biculturalism for Aotearoa New Zealand including bilingualism and the bicultural relationships as espoused through the guiding principles of partnership, participation and protection that have evolved from the Treaty texts since the 1980s. In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi, and to maintain and improve opportunities for te reo Māori to take its rightful place, the Māori Language Act 1987/ Te Taura Whiri i te Reo Māori was passed by Parliament, and it gave official language status to te reo Māori, and gave speakers a right to use it in legal settings such as in courts. The Act also established the Māori Language Commission, to promote te reo Māori and provide advice on it, and in due course, expanded the range of legal settings in which te reo Māori could be used, to include bodies such as Tenancy Tribunals and any Commission of Inquiry. Ngāti Kahungunu currently have two of five commissioners to Te Taura Whiri i te Reo Māori. One is Hastings District Councillor Bayden Barber, and the other local representative is Jeremy Tātere Macleod, Director Te Reo, Tikanga and Mātauranga at Ngāti Kahungunu Iwi Incorporated.

The Māori Language Act 2016, in addition to continuing the roles set out in the original 1987 Act, created a new statutory body called Te Mātāwai. Te Mātāwai is government funded and works under a purchase agreement with the Minister for Māori Development. Te Mātāwai represents and leads revitalisation among Māori, iwi and communities. It issues a strategy called Te Maihi Māori which complements the Crown strategy Te Maihi Karauna. A ‘maihi’ is one of the two barge boards in the front of a carved whare. The symbolism in the Act is of Te Whare o Te Reo Mauriora, a concept developed to represent an on-going partnership between the Crown and Māori for revitalisation of te reo Māori. Te Mātāwai also recommends appointments to the Minister for other Māori language bodies. A key part of the Maihi Māori Strategy is about language planning and the target that all public service departments will have language plans in place by 2021.

4.5 Te Kura Nui - Māori Relationships Framework

The Hastings District Council Māori Relationships Framework, named Te Kura Nui after ‘Pinepine te kura’, highlights the ‘kura’ as a localised cultural construct and one that is normalised through a Heretaunga ‘gaze’. In this way, the ‘kura’ is reflected upon and framed in order that it is viewed as a vessel that houses a Heretaunga philosophy; a Heretaunga way of knowing, of being and of doing. It is this philosophy that has manifest as a framework that aims to strengthen cultural responsiveness here at the Hastings District Council. Te Kura Nui is the organisational cultural framework that aims to capture the needs and aspirations that represent Heretaunga, as well as the organisation’s aspirations to celebrate culture and recognise the history and narratives that are vital components of a dynamic, caring and culturally connected territorial authority.

Te Kura Nui recognises the Treaty of Waitangi as the founding document of our nation and the Council’s statutory obligations to tangata whenua. Importantly this framework articulates the Council’s role in enabling opportunities for tangata whenua to flourish and participate in a thriving community. Te Kura Nui is a tool:

· To support Council to fulfil its responsibilities and obligations to tangata whenua and to the Treaty of Waitangi;

· To support Council to take appropriate account of the principles of the Treaty of Waitangi;

· To improve and maintain opportunities for tangata whenua to contribute to local government decision-making processes; and,

· To enable the assessment of Council performance where the underlying objective is to integrate in a mutually appropriate way, Māori responsiveness, into the organisation’s culture, and practices.

4.6 Implications for Council

There are a number of Councils who have Te Reo Māori policies, action plans, and or priority actions embedded within broader cultural strategies. The following examples demonstrate what is happening across other Councils here in Aotearoa New Zealand:

Wellington City Council

· Te Tauihu - Te Reo Māori Action Plan

The purpose of Te Tauihu is to recognise the status of te reo Māori as a taonga of iwi Māori and to create a framework to help guide the actions of the Council – to celebrate te reo Māori and support the revitalisation of the language within Wellington City. The Council has long supported the use of te reo, this is not a completely new way of working. This action plan is designed to take our relationship with te reo to another level and to deliver te reo transformation in our capital city. Our intention with this action plan is to drive change and influence participation and collaboration across communities and in workplaces throughout the city.

Auckland Council

· Toi Whitiki - Arts and Culture Strategic Action Plan

Promote the visual and spoken use of te reo Māori as a core component of Auckland’s unique Māori culture. For example, promoting functional signage in te reo, across the council, and creating user-friendly ways to access Māori language and experiences – web, guide books and signage.

Waikato Regional Council

· He Ritenga Mahitahi - Māori Engagement Framework

Te reo Māori is an essential part of mātauranga Māori and te ao Māori. It provides an unbroken link to the mātauranga first brought to Aotearoa by Polynesian ancestors. It is often critical to understanding and working in te ao Māori. The requirement for te reo Māori to be a part of council/iwi Māori partnerships will continue to grow. Two of the council’s iwi partners are implementing goals for the restoration of the Māori language. The Raukawa vision is that te reo Māori will become the first language within their rohe by 2170. The Waikato-Tainui vision is that 80 per cent of their people will be fluent in te reo by 2050.

Wairoa District Council

· Te Kaupapa Here mō Te Reo Māori ki Te Kaunihera o Te Wairoa - Te Reo Māori Policy

The Wairoa District Council is committed to recognising and promoting te reo Māori as the Indigenous language of Aotearoa and as a taonga of iwi and Māori and encouraging its use in communications, hui and day to day operations of the organisation.

Christchurch City Council

· Our heritage, Our Taonga - Heritage Strategy 2019 - 2029

Mahinga - Actions: The Council, in partnership with the six papatipu rūnanga and together with its communities, will seek to include Ngāi Tahu taonga throughout the narrative for storytelling in the district and provide a variety of opportunities for communities to connect with Ngāi Tahu and Māori heritage by:

Ø Increasing the use of Te Reo Māori in the Council’s heritage communications, and providing opportunities for Council staff to access training related to Ngāi Tahu heritage including tikanga, Te Reo and Te Ao Māori.

Gisborne District Council

· Tairāwhiti Piritahi - Fostering Māori Participation in Council Decision-Making

An empowered organisation that values Te Ao Māori (the Māori world) by:

Ø Acknowledging Māori values such as kaitiakitanga, tikanga, mana whenua, rangatiratanga, mātauranga Māori and their role in solutions for our issues. We will do this by supporting staff to build cultural knowledge about Māori through providing training opportunities such as Te Reo Māori me ōna tikanga (basic and advanced courses) and networking and capability building opportunities to work with our Māori communities.

Ø Developing and implementing Bicultural Service Targets for the organisation i.e. a % of fluent staff, implement the te reo me ōna tikanga policy, provide specific training.

5.0 Options – Ngā Kōwhiringa

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

5.1 That Council adopt the Heretaunga Ararau Te Reo Māori Action Plan and endorse the Pou Ahurea to implement and progress its actions in accordance with the plan’s details.

Advantages

· Extrinsic advantages include the fulfilment of statutory and Te Tiriti o Waitangi obligations; intrinsic advantages include that individuals across the organisation as well as the whole of the Hastings district will increase their knowledge and learnings of te reo Māori contributing not only to the personal good but the greater good of the community.

Disadvantages

· None.

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

5.2 The status quo prevails and the Heretaunga Ararau Te Reo Māori Action Plan remains in draft form.

Advantages

· None.

Disadvantages

· We lose time and much progress made as a territorial authority and in doing so, we’ll fall further behind our counterparts who are already leading the way with regard to their respective te reo Māori policies, strategies and or action plans.

6.0 Next steps – Te Anga Whakamua

6.1 To pursue the direction set by Council.

Attachments:

1 ⇨

DRAFT HDC_Heretaunga_Ararau_ActionPlan

STR-1-7-20-931

Under Separate Cover

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 and cultural wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

The action plan will have a significant impact on kaupapa Māori and Māori issues moving forward here at Council and will support the local iwi Ngāti Kahungunu and its te reo Māori strategy - Kahungunu kia eke. In Ngāti Kahungunu and indeed, here in Heretaunga, we have two Commissioners to the Te Taura Whiri i te Reo Māori, the national Board responsible for te reo Māori across the country, Jeremy Tātere MacLeod and Councillor, Bayden Barber. Hastings District Council sits in the heart of Ngāti Kahungunu and has the greatest Māori demographic across the iwi.

Sustainability - Te Toitūtanga

The Heretaunga Ararau Te Reo Māori Policy and the Heretaunga Ararau Te Reo Māori Action Plan will ensure and strengthen Council’s contribution to the sustainability of te reo Māori here in the Hastings district and this part of the Ngāti Kahungunu region.

Financial considerations - Ngā Whakaarohanga Ahumoni

There are 2021 - 2031 Long Term Plan implications with other costings coming within the Pou Ahurea operational budget.

Significance and Engagement - Te Hiranga me te Tūhonotanga

See all of the above narrative.

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

Pou Ahurea have consulted externally with respect to the development of the Council’s Heretaunga Ararau Te Reo Māori Policy and engaged staff of the organisation across the last two and half years.

Risks

REWARD – Te Utu	RISK – Te Tūraru
Heretaunga Ararau recognises the status of te reo Māori as a taonga of whānau, hapū, iwi and Māori. Through Heretaunga Ararau the Hastings District Council will celebrate te reo Māori and support the revitalisation of the language within Council activities and across Hastings city, and the wider Hastings district.	If the Heretaunga Ararau Te Reo Māori Action Plan is not adopted by Hastings District Council, then Council’s credibility becomes a key talking point. That is, Council acknowledges the importance and significance of te reo Māori in its Policy and if it does not adopt the Action Plan, then Council’s credibility becomes questionable.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A.

Te Rā Hui: Meeting date:	Thursday, 3 September 2020
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)

1.0	Opening Prayer – Karaki a Whakatūwheratanga
2.0	Apologies & Leave of Absence – Ngā Whakapāhatanga me te Wehenga ā-Hui At the close of the agenda no apologies had been received. Leave of Absence had previously been granted to Councillor O'Keefe
3.0	Seal Register– Te Rēhita Hira
4.0	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.
5.0	Confirmation of Minutes – Te Whakamana i Ngā Miniti Minutes of the Council Meeting held Tuesday 25 August 2020. (Previously circulated)
6.0	Petition - Eskdale Park	7
7.0	Petition - Cornwall Park Aviary	9
8.0	Chief Executive Update	To Follow
9.0	Review of the Gambling Act - Recommendations from District Planning and Bylaws Subcommittee meeting on 5 August 2020	13
10.0	Hawkes Bay Community Fitness Centre Trust Lease amendment	35
11.0	Parking Controls	69
12.0	Summary of Recommendations from Heretaunga Takoto Noa Māori Standing Committee 5 August 2020	83
13.0	Summary of Recommendations from the Risk and Assurance Committee meeting held on 27 July 2020	93
14.0	2020 Meeting Schedule Changes	977
15.0	Minor Items – Ngā Take Iti
16.0	Urgent Items – Ngā Take Whakahihiri

Sandra Hazlehurst		Nigel Bickle
Mayor		Chief Executive

6. ASSESSMENT OF OPTIONS