Tuesday, 18 February 2025

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:

Petition - Free Parking for Resident Drivers Over 65 in the Hastings Central Business District

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 This Report is written in response to a petition from Mr Ron Wilkins, President of Grey Power Hastings and District Association Inc (Grey Power) received by Council at its meeting on 19 November 2024.

1.2 The petitioner’s prayer read as follows:

“That the Hastings District Council offer drivers over 65 free parking in the Hastings Central Business District, Monday – Friday between 9.00am – 3.00pm. This would require seniors to register their vehicle and pay a possible fee of $10.00.”

1.3 There were 68 signatures to the petition.

1.4 Mr Wilkins, the lead petitioner has been invited to speak to the petition and has indicated that he wishes to do so.

1.5 This Report traverse’s Council decision elements including revenue loss, equity and fairness, retail spend assumptions, and administration/operational efficiency and cost.

1.6 This Report examines the feasibility of providing free parking for drivers over the age of 65 that reside in the Hastings district.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Petition - Free Parking for Resident Drivers Over 65 in the Hastings Central Business District dated 18 February 2025.

B) That Council resolves to either:

I. Not made free parking in the Hastings Central Business District available to any group with eligibility based on age. OR

II. Make free parking in the Hastings Central Business District available to anyone that is aged 65 and over, lives in the Hastings district, has a current driver’s licence, and on application and payment of $10 registration fee per annum.

3.0 Background – Te Horopaki

3.1 At the Council meeting held on the 19^th of November 2024; Council resolved the following:

‘A) That Council receives the report titled Older Persons Free Parking Petition dated 19 November 2024.

B) That the tabled petition “Older Persons Free Parking Petition” be received.

C) That officers prepare a report to a future Council meeting on the Petition “Older Persons Free Parking Petition”

D) That the lead petitioner Ron Wilkins, President of Grey Power Hastings and District Association Inc be invited to speak to the petition, at the future meeting referred to in recommendation C) above.’

3.2 The petition asks that Council consider an initiative offering drivers over 65, free parking in the Hastings Central Business District, Monday – Friday between 9.00am – 3.00pm. This would require seniors to register their vehicle and pay a possible fee of $10.00.

3.3 There were 68 signatures to the petition.

3.4 The lead petitioner stated the following reasons for free parking for drivers over 65:

· It would encourage older people out of their homes and into the Hastings CBD.

· It would support local shops.

· It would facilitate more frequent visits from older people into the CBD without stress or challenge.

4.0 Discussion – Te Matapakitanga

4.1 The purpose of paid parking is to provide an equitable supply of parking for the community and encourage vehicle turnover.

4.2 There is no such thing as free parking as effectively someone must pay for the parking resource.

4.3 Officers have not found any evidence that free parking for over 65-year-olds will encourage more people into the CBD. The reasons for free parking stated by the lead petitioner could be applied across all age groups.

4.4 The revenue generated from parking, supports Councils parking operations, and maintains parking facilities for locals and visitors of all ages to the CBD. Senior citizens registering for free parking may significantly impact parking revenue.

4.5 Council would use an electronic permit process to manage free parking for senior citizens. There is likely to be logistical barriers including;

· Administration: Collecting proof of residency, evidence of age, verification of a valid New Zealand driver’s licence and proof of vehicle ownership. Logging and maintaining a register would require unbudgeted resources. $10 would equate to about 5 minutes administration costs at an hourly rate of $120. There would be considerably more than 5 minutes administration work per application.

· Someone other than the permit holder could use the nominated vehicle. Council systems would not detect this.

· Regardless of age the permit holder may sell the vehicle and forget to notify Council, leaving the vehicle exempt, with an unauthorised owner until the annual expiry.

· The permit holder may purchase another vehicle and forget to de-register and re-register the new vehicle for a parking exemption. This may result in an infringement which may be contested, investigated, and waived creating additional administration. Regardless of age, people typically forgot to update NZTA records when they buy or sell a vehicle.

· The permit holder may forget to re-register annually. This may result in an infringement which may be contested, investigated, and waived creating additional administration.

4.6 Officers have identified the following Councils with age related free parking.

· Whanganui have a manual system which registers the person rather than the vehicle. This may not work for Hastings District Council as we use a pay by plate system. Parking is free from 8:00am to 11:00am and for the time restriction specified.

· Palmerston North uses a digital system and registers the vehicle number plate. Parking is free in metered carparks from 9:00am to 3:00pm Monday to Friday. Applicants must produce a valid driver’s license and proof of residency.

· Invercargill has free parking for over 80’s which is limited to Zone 1 on-street parking (excludes carparks).

4.7 The following data shows the 65 years and older demographic is higher in the Hastings District than

the New Zealand average with 15,309 as at 2023 census and is increasing.

4.8 New Zealand Bill of Rights Act and Human Rights Act

A legal opinion was obtained from Elvidges (lawyers) on possible implications of ageism. Elvidges concluded ageism is discrimination of a person by virtue of their age. Discrimination is when a person or group is treated unfairly or unfavourably compared to others because of a protected characteristic, for example their age.

4.9 Protection from ageism in New Zealand is enshrined in the following statues:

· The Human Rights Act 1993; and

· The Bill of Rights Act 1990.

The Human Rights Act does not explicitly prohibit differential treatment based on age in all contexts but does prohibit age-based discrimination in some areas (i.e. employment and housing).

The Bill of Rights Act includes the right to be free from discrimination (section 19) which includes the right to freedom from discrimination on the grounds of age.

4.10 Free parking is a benefit rather than an example of unfair treatment. Failing to provide a benefit to

a defined group of people (in this case people over the age of 65) is not unfair discrimination and is therefore not ageism.

4.11 Elvidges caution that there is a floodgates argument to consider, namely, that by providing free parking to those over 65 on the basis set out in 3.4, you would also have to ensure that those who also face similar challenges are also provided with the same benefit otherwise the policy could be seen as unjustifiably discriminatory.

4.12 It would be harder to defend free parking for those aged over 65 if the Council did not also extend that benefit to others who face similar challenges. Not all persons over the age of 65 have mobility or financial pressure and, to that end, a blanket “free parking for those aged over 65” could be seen as being based purely on age rather than any specific challenge. This in Elvidges view, may be problematic.

4.13 An unintended consequence of granting the petition could be that there was a shortage of parking spaces in the CBD/other in demand areas making it harder for other challenged groups to find parking. It could act to disproportionately disadvantage or discriminate against other vulnerable groups.

4.14 Elvidges do not consider that Bill of Rights or Human Rights considerations form a determining factor in deciding whether or not to grant the petition in this case. The petition is not inherently contrary to the Human Rights Act 1993 or the Bill of Rights Act 1990. However, if Council were to entertain free parking to those aged over 65 it would have to also consider providing free parking to those who face the same or similar challenges. If it did not extend the privilege to other marginalised groups, it could well be argued that the policy was a form of discriminatory treatment.

4.15 Council would need to justify the policy as a reasonable measure to support older people, while balancing equity for other vulnerable groups.

4.16 Elvidges concluded - It seems to us that any specific policy grounds underlying the petition is best achieved in a more tailored way (for example by reference to financial means and mobility) rather than granting it solely on the basis of age which is, in our view, problematic.

4.17 Previous Free Parking Trials

4.18 Council at its May 2020 meeting considered the issue of providing free parking within the CBD. It consulted through its Annual Plan process both on free parking and methods of payments (annual charge vs cash in a meter). As part of the analysis done to reach a decision of this matter, ‘Market View’ a retail consultancy, was engaged and their conclusion was:

MARKET VIEW REPORT, RETAIL SPEND STATISTICS

Summary

The Retail Spend Report came to this conclusion:

“The review of the free parking trial (time limited) points to achieving mixed results. On the basis of data analytics there is no evidence to support the conclusion that the trial has produced significant greater retail activity or vibrancy in the City Centre. The positive indicators from increased retail spend cannot be directly linked to free parking and it could be equally argued that other macro-economic factors such as lower interest rates, high levels of employment and Hawke’s Bay being a non-dairy region, have had a greater influence”.

Source: Market View report

4.19 Council had a loss of revenue over the 19-month trial of approximately $942,000, which is about $50,000 per month. Since 2020, Council’s fees and charges have increased.

4.20 The parking fees have funded the new parking meter technology and pedestrian laneway linkages from its carparks directly to Heretaunga Street.

5.0 Options – Ngā Kōwhiringa

6.1 Option One - Status Quo - Te Kōwhiringa Tuatahi – Te Āhuatanga o nāianei

Do not provide free parking for resident drivers over 65 in the Hasting Central Business District.

Advantage

· Everyone equally pays for the parking resource.

· No loss in revenue.

· No unbudgeted administration costs.

6.2 Option Two – Te Kōwhiringa Tuarua – Te Kōwhiringa Tūtohunga

Provide free parking for resident drivers aged 65 and over in the Hasting Central Business District.

Advantages

· May assist seniors with less stressful visits to the CBD by reducing the frustration of having to use parking Apps, smart phones, and associated technology.

Disadvantages

· It will have an impact on parking revenue and expenditure. Although the impact is unknown, the Parking budget would need to be amended to reflect the potential loss in revenue and increase in expenditure.

· There will be unbudgeted administration costs to register, maintain and manage the process.

· Some people may consider free parking for a specific age as age discrimination.

· Someone other than the permit holder could use the nominated vehicle.

· The permit holder may sell the vehicle and forget to notify Council, leaving it exempt until the annual expiry.

· The permit holder may purchase another vehicle and forget to register it for a parking exemption.

· The permit holder may forget to re-register annually.

6.0 Next steps – Te Anga Whakamua

6.1 If Council adopts a parking exemption for resident drivers aged 65 and over, a communication plan will be put in place to make people aware of the scheme.

6.2 Administration and resourcing will need be sourced to accommodate the process.

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

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 relates to the health, safety and wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

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

Sustainability - Te Toitūtanga

N/A

Financial considerations - Ngā Whakaarohanga Ahumoni

It is difficult to determine how this would impact on meter revenue as Council has no data on parking revenue from age groups.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision/report does not trigger the threshold of Council's Significance and Engagement Policy.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Rebekah Dinwoodie, Group Manager: Community Wellbeing & Services

Rudi Britz, Management Accountant

Te Take:

Subject:

Splash Planet - Close of 2024/25 Season

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 This report updates Councillors on the current operational position of Splash Planet for the 2024/25 season.

1.2 Inclement summer weather conditions have impacted visitation numbers (over 15,000 less than the 2023/24 season) and resultant revenues ($558,000 less than budget) as at the end of January 2025.

1.3 Responsive and effective operations management of Splash Planet have reduced costs by $232,000 and constrained the operational financial deficit to $326,000.

1.4 The Chief Executive recommends Splash Planet closes earlier than planned for the 2024/25 season with Sunday 22 February 2025 being the last day of public operation.

1.5 The advertised closing date of Splash Planet is Sunday 30 March 2025.

1.6 Management of Splash Planet operations for this closure date will mitigate business operational financial loss.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Splash Planet - Close of 2024/25 Season dated 18 February 2025.

B) That the Council approve closure of Splash Planet Park with Sunday 22 February 2025 being the last day of public operation.

C) Council notes the Chief Executive will manage the closure process to optimise outcomes for Council:

· Business operational financial loss.

· Provision of a quality visitor experience for the remaining opening days.

· Council being a responsible employer.

· Responsive risk management in accord with Council’s adopted and applicable Risk Policies.

3.0 Background – Te Horopaki

3.1 Poor weather has impacted expected visitor levels at Splash Planet and all aquatic facilities this season.

3.2 To date during the 2024/25 season visitor numbers of over 1500 occurred on only 10 days. During the 2023/25 season visitor numbers of over 1500 were reached on 31 days.

3.3 In 2023/24 from 15 Dec there were no weeks when the temperature dropped below 24°C for more than 2 days a week.

3.4 In 2024/25 from 15 Dec there was only one week where the temperature was above 24°C for 2 days, and in contrast there were two weeks with zero days above 24°C.

3.5 As well as poor weather many in the community are being impacted by increasing costs of living and this too could be affecting visitor numbers to Splash Planet.

3.6 The Marketview Overview Report for Hastings October – December 2024 showed a negative ‘spend growth’ for Hastings, Napier and Central Hawkes Bay. Hastings District a negative -2.8% spend growth in cafes, restaurants, bars and takeaways and a negative -3.7% spend growth in accommodation District. This could indicate a reduction in the number of visitors to the district and a smaller discretionary spend.

Current Position: As at the end of January 2025

3.7 There was over 15,000 visitors fewer than the prior year.

3.8 Revenue is $558,000 unfavourable to budget.

3.9 Costs are being managed and operational expenditure has an overall saving of $232,000.

3.10 This leaves the overall position of Splash Planet at approximately $326,000 unfavourable to budget.

3.11 The budgeted rating requirement for Splash Planet for the 2024/25 season is $1.42 million.

Revenue

3.12 The budgeted 2024/25 full year revenue for Splash Planet is $3.37m with the budgeted end of Jan position being $2.76m.

3.13 The actual end of January revenue position is $2.2m, leaving over $1.1m of revenue to make up by the end of the season.

3.14 With 14 operational days of the season left (7 weekends) that equates to $78,500 per day of revenue required to meet budget.

3.15 That is over 2450 people per day (based on the average person bringing in $32 of revenue).

3.16 There have only been 3 days with over 2200 people in Splash Planet this summer season and therefore the likelihood of meeting revenue targets now is extremely low.

3.17 Revenue targets not being met results in the ratepayer contribution increasing over and above the $1.42m budgeted. As at end of January the ratepayer contribution required is approximately $1.7m.

Meeting budgeted revenue for the remainder of season

3.18 To prevent the financial position deteriorating further the ongoing entry and revenue targets need to be met.

3.19 With 14 days of operations remaining, budgeted entries of 12353 equates to 882 visitors per day. There have been 50 days (60%) with less than 882 people in the park.

3.20 The likelihood of meeting revenue targets for the weekend only period is low given visitor number trends and long-range weather forecasts.

4.0 Discussion – Te Matapakitanga

Remainder of the 2024/25 season

4.1 Splash Planet could be closed early to limit the amount of additional ratepayer funding required for its continued operation. Revenue would be lost and expenses (cost of business) would be saved.

4.2 The closure could occur immediately or anytime before 30 March 2025. There are 7 operational weekends remaining this season.

4.3 The financial end position will be dependent on the number of visitors to Splash Planet which are negatively affected by inclement weather.

4.4 In 2023/24 the average daily visitor numbers for the last 7 weekends of the season was 990, however, the average temperature was 25.5⁰C with 3 days at 30⁰C and 3 days at 27⁰C.

4.5 If Splash Planet was closed to the public after close of business Sunday 22 February the additional cost that will be incurred could be offset by an increase in revenue. If there were 450 visitors per day the end position will be approximately $49,000 more positive than the end of January position (3.17).

* All savings are based on reduced budgeted revenue and costs.

This would result in a required ratepayer contribution of approximately $1.65m.

4.6 Based on the same numbers, of 450 visitors per day, if Splash Planet remains open for the remaining 7 weekends of the season the end position will be an additional loss of approximately $38,000 over the end of January position (3.17).

The final ratepayer contribution required would be approximately $1.74m.

4.7 The difference between the 2 options (4.5 and 4.6) is approximately $88,000.

4.8 This position could be considerably worse if numbers do not average 450 per day. It could also be better if visitor numbers are higher.

4.9 In the shoulder season post summer holidays in 2023/24, when the temperatures were 22-23⁰C, visitor numbers were 978 for the weekend. Therefore 450 per day seems a reasonable assumption for daily visitor numbers for the rest of the season, although economic conditions have shifted from last year.

5.0 Options – Ngā Kōwhiringa

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

5.1 That Splash Planet closes to the public after close of business Sunday 22 February.

Advantages

· Mitigates the financial risk of continuing operations.

Disadvantages

· Possible adverse publicity and the associated reputational risk. Inconsistent opening dates may result in less engagement/bookings in future years.

· Some sunk costs with the Splash Planet marketing campaign already in the public domain and paid for. This includes discount codes/offers that will no longer be valid (e.g. discounts offered to Horse of the Year competitors).

· No work for weekend casual staff and fixed-term staff relocation/redundancy.

· Tickets pre-purchased for the 5 weekends in March will need to be reallocated to an earlier weekend or refunded (84 tickets with a value of $3160). This value is not currently accounted for in the revenue as they have not yet been redeemed. There are no group bookings in March.

· Refund of memberships bought within the last 4 weeks that have not been yet used – 286 with a value of $7,461 ($8,580 incl. GST).

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

5.2 Continue to operate Splash Planet until the end of the season with the last date of operation being 30 March 2025.

Advantages

· Continue to operate as advertised.

· Staff kept employed until the end of the season.

Disadvantages

· The financial position is likely to get worse given weather and visitor trends.

· Possible adverse publicity and the associated reputational risk due to the highly likely increased ratepayer contribution required to operate until the end of the season.

6.0 Next steps – Te Anga Whakamua

6.1 If Council resolves the recommendations:

· Delivery of a comprehensive communications plan to advise the public of the change in final operational weekend.

· Contact will be made with all ticket holders to rearrange their visit day or refund ticket.

· Consideration of the final weekend being a ‘community weekend’ with discounted prices to be determined. The number of entries to be determined by available staffing.

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

Māori Impact Statement - Te Tauākī Kaupapa Māori

Splash Planet and Windsor Park are of significance to mana whenua being the true course of the former Mākirikiri River before it entered the Awahou wetland. Although there are no current relationship agreements with mana whenua re Splash Planet and its presence in the cultural landscape of the Mākirikiri River, this is an area to strengthen for the facility moving forward.

Sustainability - Te Toitūtanga

Recent renewals and replacements of key assets at Splash Planet are applying a more environmentally sustainable approach to the operation.

Financial considerations - Ngā Whakaarohanga Ahumoni

Financial considerations are discussed in the body of the Council paper.

Significance and Engagement - Te Hiranga me te Tūhonotanga

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

Internal consultation has occurred with Splash Planet staff, finance and marketing and communications teams.

Risks

Opportunity: To mitigate the financial risk of continuing operations.

REWARD – Te Utu

RISK – Te Tūraru

To limit the amount of additional (over budget) ratepayer funding required to operate Splash Planet for the remainder of the 2024/25 season.

Potential adverse publicity and reputation affect. The communications plan will focus on positively communicating the need for the Council decision.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

The Rural Community Board have not been consulted with on this matter.

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Angela Atkins, Waste Planning Manager

Te Take:

Subject:

Draft Joint Waste Management and Minimisation Plan and Statement of Proposal

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 In November 2024, the Hastings District Council and Napier City Council resolved to develop a replacement Waste Management and Minimisation Plan (WMMP). This report presents the draft WMMP (Attachment 1) and accompanying Statement of Proposal for approval (Attachment 2) for public consultation.

1.2 The Councils are required to review their Waste Management and Minimisation Plan every six years giving regard to Te Rautaki Para | Waste Strategy and the council’s most recent waste assessment. This process must be completed by 15 September 2025.

1.3 Hastings District Council and Napier City Council develop a WMMP together because of our close proximity and similarity in services. Both Councils also jointly own Ōmarunui Landfill.

1.4 This draft WMMP has been written based on the technical findings of the Waste Assessment (received by Council on 7 November 2024) and the input provided by the early engagement sessions undertaken in 2024. The vision, goals and objectives were developed through workshops with the Joint Waste Futures Project Steering Committee in July and August 2024.

1.5 The Joint Waste Futures Project Steering Committee met on Friday 31 January 2025 and endorsed the draft documents for adoption. Reports are now being presented to Hastings District Council and Napier City Council recommending that the draft Joint Waste Management and Minimisation Plan 2025 – 2031 and State of Proposal documents are adopted for consultation.

1.6 The Hastings District Council and Napier City Council have delegated authority to the Joint Waste Futures Project Steering Committee to hear submissions arising from the consultation, make changes (as required) and adopt the final Joint WMMP on behalf of both Councils.

1.7 The recommendation of this report, is for Council to receive and adopt the draft WMMP and statement of proposal (based on the work undertaken, detailed in the report) to enable the project to progress to the consultation stage. Progressing to the consultation will keep the project on track to meet the deadline of 15 September 2025.

1.8 A similar Report and Recommendations is being presented to Napier City Council at their Council meeting scheduled for 20 February 2025.

1.9 This report concludes by recommending Hastings District Council adopt the draft Joint Waste Management and Minimisation Plan and accompanying Statement of Proposal for consultation in accordance with the relevant provisions of the Waste Minimisation Act (WMA) 2008 and the Local Government Act 2002.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Draft Joint Waste Management and Minimisation Plan and Statement of Proposal dated 18 February 2025.

B) That Council adopt the draft Joint Waste Management and Minimisation Plan 2025 -2031 (Attachment 1) and Statement of Proposal (Attachment 2) documents, for consultation in accordance with Section 83 of the Local Government Act 2002.

3.0 Background – Te Horopaki

3.1 This process arises from The Waste Minimisation Act 2008 (WMA) giving councils the responsibility to promote effective and efficient waste management and minimisation within their territory. The WMA requires councils to complete a Waste Assessment and review their Waste Management & Minimisation Plan (WMMP) every six years and decide whether it should be amended or revoked, and a new plan substituted. Both Hastings District Council (HDC) and Napier City Council (NCC), based on the recommendation of the Joint Waste Futures Project Steering Committee, passed resolutions to revoke the current WMMP and create a new plan. These meetings were held on 31 October 2024 (NCC) and 7 November 2024 (HDC).

3.2 The original review deadline was 30 August 2024. The Ministry for the Environment accepted the joint application for a review extension under section 33A of the Waste Minimisation Act 2008 (as amended by clause 12 of the Severe Weather Emergency Recovery (Waste Minimisation) Order 2023). This means that the new WMMP would need to be adopted by 15 September 2025 by both Hastings District and Napier City Councils.

3.3 The Waste Assessment phase has been completed and was adopted by the Joint Waste Futures Project Steering Committee, Hastings District Council and Napier City Council in October and November 2024.

3.4 This draft joint WMMP has been written incorporating the findings of the waste assessment, the Medical Officer of Health’s feedback and ideas received from the sector engagement sessions held over the past year.

3.5 The Joint Waste Futures Project Steering Committee meet on Friday 31 January and endorsed the draft documents for adoption. Reports are now being presented to Hastings District Council and Napier City Council recommending that the draft Joint Waste Management and Minimisation Plan 2025 -2031 and Statement of Proposal documents are adopted for consultation.

3.6 Both Hastings District Council and Napier City Council have delegated authority to the Joint Waste Futures Project Steering Committee to hear submissions arising from the consultation, make changes (as required) and adopt the final Joint WMMP on behalf of both Councils.

4.0 Discussion – Te Matapakitanga

4.1 The draft joint WMMP contains the vision, objectives, targets, policies and actions that have been derived from the Waste Assessment during the Joint Council Waste Futures Project Steering Committee workshops and meetings held on 23 July, 19 August, 6 December 2024.

4.2 Officers are continuing with the approach to partnering with mana whenua to achieve the committee’s aspiration of enhancing partnerships with Māori and mana whenua for a partnered future in waste minimisation. This process has been guided by the Māori Partnerships teams of both councils. It cannot yet be stated what the aspirations or expectations of mana whenua are for this WMMP or longer-term waste management and minimisation journey. The hope is that through partnership, the councils’ ability not only to comply with their governing legislation and regulation, but deliver strong waste minimisation practices, is enhanced by genuinely and seamlessly incorporating the knowledge and guidance that mana whenua deem appropriate.

4.3 A series of seven workshops on the Joint Waste Management and Minimisation Plan (WMMP) review were organised for the commercial and rural sector during November and December 2024. This provided the opportunity for these sectors to understand the current situation with waste in Heretaunga Hastings and Ahuriri Napier and contribute their thoughts and ideas as the WMMP actions were drafted. The workshops also provided a chance to explore challenges and opportunities and build relationships for potential collaboration.

4.4 The WMMP (along with the supplementary Waste Assessment documents attached (Attachments 3, 4 and 5)) will be released for public consultation in April 2025 (exact dates still to be confirmed).

4.5 The draft Joint Waste Management and Minimisation Plan has met all legislative criteria and is ready for community consultation. A Statement of Proposal (summary document) (Attachment 2) has been prepared for adoption as per section 83 of the Local Government Act (LGA) 2002.

4.6 The consultation approach is being finalised with the communications and marketing teams from both Councils.

4.7 Submissions on the draft joint Waste Management and Minimisation Plan will be heard and considered by the Joint Council Waste Futures Project Steering Committee in late May 2025.

5.0 Options – Ngā Kōwhiringa

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

5.1 Receive and adopt the draft WMMP and accompanying Statement of Proposal is adopted for consultation using the Special Consultative Procedure of LGA 2002, with any editing updates to be approved by the Chief Executive.

5.2 A replacement WMMP is the appropriate response to the findings of the 2024 Waste Assessment. It provides the Councils with the opportunity to revise and improve the actions in the current WMMP and sets out a course of action for the next six years to improve waste minimisation outcomes and move to a circular economy for our region and cities.

5.3 The actions of the draft WMMP can be funded by Council’s existing and planned waste management budgets which are funded by the waste levy funds, targeted rates, general rates and user pays fees.

Advantages

· Supports planning for the Te Rautaki Para | Waste Strategy targets in relation to waste and emissions reduction that need to be met by the councils over the next six years.

· Meet the councils’ responsibilities under the Waste Minimisation Act 2008 to minimise waste in the region and ensure each council can still receive their allocated waste disposal levy funds to carry out projects, initiatives and actions documented in the WMMP. Combined the waste disposal levy payments are estimated to be approximately $2.4 million for this financial year and this is still increasing.

· Will enable the Councils to meet drivers of increasing emphasis on diversion of waste from landfill and recovery of material value.

· Gives the community and key stakeholders an opportunity to provide feedback to the Council and have input into the proposals.

· It also focuses further on waste-related climate emissions, as also required by the National Emissions Reduction Plan.

Disadvantages

· There are no known disadvantages to this option.

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

5.4 Not reject the draft WMMP and accompanying Statement of Proposal and refer the draft Joint WMMP back to Council officers for further drafting.

5.5 Council officers have not considered the option of not approving a draft joint WMMP for consultation as this would contravene Council’s statutory obligation to review the current joint WMMP and adopt a new Plan. Failure to adopt a WMMP could also result in central government retaining the waste levy revenue payable to a territorial authority in accordance with section 33 of the WMA.

· Does not align to the priorities and targets set by Te Rautaki Para | Waste Strategy

· Does not fully meet the Councils responsibilities under the Waste Minimisation Act 2008 to minimise waste in the region

· Could jeopardise the Councils receipt of their proportion of the waste disposal levy to fund activities and initiatives in the plan. It is estimated that HDC will received $1.6 million this financial year of waste disposal levy funds.

6.0 Next steps – Te Anga Whakamua

6.1 Subject to adoption of the draft WMMP by both Hastings District and Napier City Council, next steps (including indicative timeframes) will be:

· Draft WMMP 2025 made publicly available for consultation, likely to occur April 2025. Public able to provide feedback (and request to be heard by the committee).

· Collation and analysis of submissions in May 2025

· Hearings and deliberations from late May 2025

· Final draft waste plan 2025 presented to Joint Waste Futures Project Steering Committee for formal adoption in July/August 2025.

6.2 Once approved, the Waste Management and Minimisation Plan 2025-2031 will form the basis of Hastings District Council and Napier City Council’s work on waste for the next six years. Monitoring and reporting frameworks will be developed to ensure transparency.

Attachments:

1 ⇩	Draft Waste Management and Minimisation Plan (WMMP) 2025 - 2031	SW-29-2-25-141
2 ⇩	Draft Statement of Proposal Joint WMMP 2025 - 2031	SW-29-2-25-142
3 ⇨	2024 Waste Assessment Report	SW-29-2-24-133	Vol 1
4 ⇨	2024 Waste Assessment WMMP Medical Officer of Health Letter of Support - September 2024	SW-29-2-24-132	Vol 1
5 ⇨	2024 Hawke’s Bay Solid Waste Analysis Protocol (SWAP) Survey Report	SW-29-2-24-125	Vol 1

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

Māori Impact Statement - Te Tauākī Kaupapa Māori

The vision captures the aspiration of the committee for a partnered future and further alignment with the broader and more holistic values of te ao Māori. Working with mana whenua to embed te ao Māori into our way of working, to operationalise waste management and minimisation, not only responds to council’s legislative requirements including recognition of te Tiriti o Waitangi, but it also strengthens environmental, social and cultural outcomes that benefit the whole community.

Sustainability - Te Toitūtanga

The Waste Assessment and Joint Waste Management and Minimisation Plan aligns with many sustainability objectives across the Councils and communities; including the Emission Reduction Plan, associated budgets and the HDC Eco District Strategy.

Financial considerations - Ngā Whakaarohanga Ahumoni

Funding for Council’s waste services comes from a mixture of:

• commercial revenue (i.e. transfer station and landfill charges)

• targeted and general rates

• revenue from the waste disposal levy (this is currently $60 per tonne, rising $5 each year to $75 per tonne by 1 July 2027). This levy is administered by the Ministry for the Environment, with 50 per cent distributed to territorial authorities. It is estimated that HDC will received $1.6 million this financial year of waste disposal levy funds

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 moderate significance.

All WMMPs are subject to the requirements of the Local Government Act’s (LGA) special consultative procedure, a requirement also set out in the WMA Part 4, section 44 and section 50(3) which outlines consultation requirements for preparing new plans. Section 83 of the LGA sets out the requirements for the Statement of Proposal document.

Significant changes arising from the WMMP review will need to be considered as part of each Council’s future LTP(s) or Annual Plan depending on timeframes.

The public consultation methodology and program will be co-developed by Hastings District and Napier City Councils marketing and communication teams.

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

Sector engagement sessions were held in November 2024 with the following sectors: food manufacturers (via the Sustainable is Attainable programme), rural, waste operators, construction and retail & not-for-profit.

Full community consultation will be undertaken in early 2025 using the Special Consultative Process.

A summary of proposal is attached to the report and will be the main basis for community engagement. This will meet our obligations under section 83.1.a.II of the Local Government Act.

Risks

The overall risk appetite for this project (based on the risk register) is conservative.

The risk register is reviewed regularly at the project team meetings.

Opportunity: Update the Joint Waste Management and Minimisation Plan to meet legislative obligations and drive community behaviour.

REWARD – Te Utu

RISK – Te Tūraru

The expected benefits from the project include; mana whenua partnership, greater commercial waste diversion and better outcomes from updated bylaws.

The high project risks are:

Failure to meet government targets - this risk is rated high based on the waste assessment finding that not meeting government targets for kerbside collections could lead to a loss of waste levy funding.

- Project team is actively monitoring development of the plan and changes in Government policy to ensure the required targets are met.

Lack of engagement in consultation on WMMP could affect relevance of the plan.

- A communications and engagement plan has been developed in consultation with the Marketing, Engagement & Communications team.

Treasury review of waste levy – There is a medium risk that the review could result in changes to the allocation of waste levy funding affecting delivery of the WMMP goals.

- Project team is awaiting guidance form the Ministry.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

No direct impact at this stage. The Rural Community Board members were invited to the rural sector engagement session.

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Janine Green, Licensing Inspector

Te Take:

Subject:

Approval of the first Draft Local Alcohol Policy for Special Consultative Procedure

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 This report recommends Council adopts the First Draft Hastings District Local Alcohol Policy (LAP) for public consultation. This is in accordance with the Special Consultative Procedure (SCP) outlined in Section 83 and Section 87 of the Local Government Act 2002 (LGA 2002), and Section 79(1) of the Sale and Supply of Alcohol Act 2012 (SSAA 2012).

1.2 Additionally, this report recommends delegation of up to five Councillors to hear and consider submissions on the Draft LAP.

1.3 The hearings are tentatively scheduled to take place on 23 and 24 April 2025.

1.4 The Statement of Proposal for the Draft Hastings District Local Alcohol Policy, along with the supporting documentation, is planned to be publicly notified around the 14 March 2025. This will initiate the submission process under the Special Consultative Procedure. Following this, the hearings process will be conducted in late April 2025. During the hearings, all submissions will be reviewed and considered, a preferred position will be formed. The Final Draft LAP will be developed for Council approval.

1.5 The draft LAP attached as attachment 1 has undergone a legal review, and amendments have been made as necessary.

1.6 This report presents Council with an evidence-based draft policy for consultation and to seek public feedback on the draft LAP. While some policy divergence with Napier City Council may arise at this stage, it is acceptable and does not present a significant obstacle to the overall development of the draft LAP. Any divergences can be addressed and resolved during the final draft stage, once the Special Consultative Procedure is completed and the Council has considered feedback from the public and stakeholders. The adoption of the first draft LAP for consultation is an important step in gathering feedback from the community and stakeholders, ensuring that the final policy considers a wide range of perspectives.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Approval of the first Draft Local Alcohol Policy for Special Consultative Procedure dated 18 February 2025.

B) That Council adopt:

i. The First Draft of the Hastings District Local Alcohol Policy 2025,

ii. The Statement of Proposal and Summary of Information (and associated documents)

for public consultation in accordance with the Special Consultative Procedure required by the Local Government Act 2002 and Sale and Supply of Alcohol Act 2012.

C) That Council delegate up to five Councillors to hear public submissions on the First Draft of the Hastings District Local Alcohol Policy 2025 in late-April 2025.

D) Council notes a preferred position paper and final Local Alcohol Policy will be bought back to Council for approval in mid-2025.

3.0 Background – Te Horopaki

3.1 This report updates Council on the Hastings District Local Alcohol Policy (LAP) review detailing the proposed changes to the current LAP and provides a copy of the first draft of the revised Local Alcohol Policy (LAP) to go out for Special Consultative Procedure (SCP) under the Sale and Supply of Alcohol Act 2012 (SSAA 2012) and the Local Government Act 2002 (LGA 2002).

3.2 Section 75 of the SSAA 2012 specifies that a Territorial Authority (TA) may have a LAP relating to the sale, supply, or consumption of alcohol within its district.

3.3 Under Section 77 of the Act, a LAP may include policies on any or all of the following matters relating to licensing (and no others):

· Location of licensed premises by reference to broad areas;

· Location of licensed premises by reference to proximity to premises or facilities of particular kinds;

· Whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district;

· Restriction or extension of the default maximum licenced hours

· The issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions;

· One-way door restrictions.

3.4 The LAP cannot include policies on matters unrelated to licensing such as the price of alcohol, age limits for drinking or alcohol advertising and sponsorship.

3.5 At a Council Meeting on 16 July 2019, Council approved the final LAP with an enforcement date of 21 August 2019, and 21 November 2019, for the hours provisions as required under the Act.

3.6 Section 97 of the Act specifies that “a territorial authority that has a LAP must review it utilising the Special Consultative Procedure (under the Local Government Act 2002) no later than 6 years after it came into force.”

3.7 At its Meeting on 13 July 2021 Council resolved to review the policy in six years rather than three.

“That the Council approve a review of the Hastings District Council and Napier City Council Local Alcohol Policy in six years (commencing October 2024) or sooner if required, as per Section 97 of the Sale and Supply of Alcohol Act 2012.”

3.8 On the 24^th October 2024 Council resolved;

A) That Council receive the report titled Local Alcohol Policy Review dated 24 October 2024.

B) That Council resolves to continue to have a Local Alcohol Policy (LAP) under Section 75 of The Sale and Supply of Alcohol Act 2012 (The Act).

C) That the Chief Executive Reviews Councils LAP under Section 97 of The Act with the goal of contributing to the reduction of alcohol related harm in our community.

D) That Council resolves to have an individual LAP for the Review process in Recommendation C.

E) That Council establishes a suitable joint governance structure with Napier City Council to oversee the LAP Review for consistency as appropriate.

F) Council notes a Draft LAP and Statement of Proposal will be bought back to Council for approval prior to commencement of the Special Consultative Procedure under The Local Government Act 2002, which is a requirement under the Act when reviewing an LAP under Section 97 of The Act.

3.9 Section 78 (2) of the Act requires that if a Territorial Authority decides to develop a LAP it must have regard to:

· The objectives and policies of its district plan;

· The number of licences of each kind held for premises in its district, and the location and opening hours of each of the premises;

· Any areas in which bylaws prohibit alcohol in public places are in force;

· The demography of the district’s residents;

· The demography of people who visit the district as tourists or holiday makers;

· The overall health indicators of the district’s residents;

· The nature and severity of the alcohol-related problems arising in the district.

3.10 Officers have completed the following since the last Council meeting in October 2024:

· As per The Council resolution E above, a suitable governance structure was developed with the delegation of three councillors from both Hastings District Council (HDC) and Napier City Council (NCC) and a Terms of Reference signed by both Councils.

· The LAP working group has received one LAP update memo and has met once.

· A Communications Plan was developed in coordination with NCC.

· A Research Report, meeting the requirements under Section 78 (2) of the SSAA 2012 has been developed (Attachment 2)

· Stakeholder engagement was completed with the Medical Officer of Health, NZ Police and Licensing Inspectors as required under Section 78 (4) of the SSAA 2012.

· An Issues and options paper which informs the changes to the LAP was developed (Attachment 3)

· A draft LAP developed in coordination with NCC (Attachment 1)

· A Statement of Proposal and Summary of Information was developed (Attachment 4) to meet the requirements under Section 83 and 87 of the LGA 2002.

· Changes to the Draft LAP, encompassing previous Council input has been completed ready for the SCP process.

· The first draft LAP has had its first legal review and necessary amendments made.

4.0 Discussion – Te Matapakitanga

4.1 The below tables detail the proposed changes and short commentary on why the proposed changes were suggested. The table below also incorporates previous direction from The Council.

4.2 The proposal takes into consideration that the implementation of the 2019 Local Alcohol Policy (LAP) may have contributed to some positive changes, particularly minor shifts in alcohol-related harm following the reduction of default licensing hours for all licence types. However, harm reduction is best achieved through the continued strengthening and tailoring of policy provisions over time.

4.3 Proposed Provisions

Trading Hours

4.4 It should be noted that the following hours are Maximum trading hours, and it is not anticipated that the District Licensing Committee (DLC) or the Alcohol Regulatory and Licensing Authority (ARLA) will approve maximum trading hours for every licensee. The hours will reflect the nature and purpose of the individual premises and adhere to the restrictions under the District Plan.

4.5 Secondly, that the below are licensed maximum trading hours and not all premises utilise their full licensed hours.

4.6 Thirdly, all applications through the licensing process are enquired into by the NZ Police, Inspector and Medical Officer of Health prior to going to the District Licensing Committee for consideration. If an applicant requested hours that was subsequently ‘opposed’ by NZ Police, Inspector or Medical Officer of Health, the applicant would be required to attend a hearing for deliberation.

4.7 Lastly, it is advisable that the closing hours for on licences align with Napier City Council LAP in the final stages of the policy development process, to ensure there are no unintended consequences, as supported by literature. By way of example, patrons travelling from one district to another due to differing hours causing alcohol related harm. In addition to this the Medical Officer of Health and NZ Police have all commented on the importance of consistency in hours.

*Licence type*	*Current LAP Hours*	*Proposed LAP Hours*	*Commentary*
On licence; Taverns / Bars Pubs/ Night-clubs Add categories: breweries, cideries, distilleries, Endorsed caterer	8.00 am to 3.00 am the following day Monday to Sunday One way door restriction: mandatory at 2.00 am	Taverns, bars, pubs, Nightclubs, breweries, cideries, distilleries, Endorsed caterer 8.00 am to 2.00 am the following day Monday to Sunday One way door restriction: mandatory at 1.00 am	There is alcohol related harm data showing alcohol related harm increases from 9.00 pm each day of the week. An on-licence offers a regulated, safer environment for alcohol consumption. For this specific type of licence, hours until 2:00 am strikes an appropriate balance between harm reduction and supporting the nighttime economy. All statutory stakeholders, including NZ Police, the Medical Officer of Health, and Inspectors, are in favour of reducing the hours, in line with the availability theory and case studies showing reductions in harm due to reductions in hours. The addition of categories to ensure all licence types are included in the LAP. All stakeholders support the one-way door policy, as it allows for gradual egress of patrons, reducing issues outside premises and preventing patrons from hopping between venues later in the evening. This proposal would affect 6 of 120 premises, or 6 of 24 premises within this category of licences (taverns, bars, pubs, night-clubs) (Noting that this is licensed hours and not all premises utilise their full licensed hours). There is some evidence to support that patrons are likely to alter their behaviour by going out earlier and returning home earlier. Officers note that there may be the potential for policy divergence on this matter.
On licence: café/ Restaurant / winery / winery restaurant Add categories: Hotels (accommodation)	8.00 am to 2.00 am the following day Monday to Sunday	Cafes/restaurants/wineries/winery restaurants / Hotels (accommodation) 8.00 am to 1.00 am Monday to Sunday	There is alcohol related harm data showing alcohol related harm increases from 9.00 pm each day of the week. An on-licence offers a regulated, safer environment for alcohol consumption. For this specific type of licence, where food is often the main purpose, hours until 1:00 am strikes an appropriate balance between harm reduction and supporting the nighttime economy. All statutory stakeholders, including NZ Police, the Medical Officer of Health, and Inspectors, are in favour of reducing the hours, in line with the availability theory. The addition of categories to ensure all license types are included in the LAP. This would affect 2 premises of 120 premises or 2 of 70 premises within this category. (Noting that this is licenced hours and not all premises utilise their full licensed hours). There is some evidence to support that patrons are likely to alter their behaviour by going out earlier and returning home earlier. Officers note that there may be the potential for policy divergence on this matter.
On licence – Entertainment facilities / Add category: Function centres / all other non-specified on licences	Licensing hours are to be consistent with the nature and activities of the premises and in general shall range from: 8.00 am to 2.00 am the following day Monday to Sunday	Entertainment facilities / Function centres / all other non-specified on licences Licensing hours are to be consistent with the nature and activities of the premises and in general shall range from: 8.00am to 1.00am the following day Monday to Sunday	There is alcohol related harm data showing alcohol related harm increases from 9.00 pm each day of the week. An on-licence offers a regulated, safer environment for alcohol consumption. For this specific type of licence, where entertainment is the main purpose, hours until 1:00 am strikes an appropriate balance between harm reduction and supporting the nighttime economy. All statutory stakeholders, including NZ Police, the Medical Officer of Health, and Inspectors, are in favour of reducing the hours, in line with the availability theory. The addition of categories to ensure all license types are included in the LAP. This change would affect 2 of 120 premises or 2 of 26 premises in this category. (Noting that this is licenced hours and not all premises utilise their full licensed hours). There is some evidence to support that patrons are likely to alter their behaviour by going out earlier and returning home earlier. Officers note that there may be the potential for policy divergence on this matter.
Off licence – Grocery Stores and Supermarkets	7.00 am to 10.00 pm Monday to Sunday	Grocery Stores and Supermarkets 7.00 am to 9.00 pm – Monday to Sunday	There is alcohol related harm data showing alcohol related harm increases from 9.00pm each day of the week. All statutory stakeholders support a general reduction in hours based on the availability theory. (NZ Police, Medical Officer of Health & Inspectors). There is support for restricting remote sales delivery hours to match all other off licences, with the intention on reducing access to alcohol later in the evening when harm is at its highest. However legal advice is that remote sales delivery times cannot be included within the LAP. The Medical Officer of Health was particularly strong in her recommendation for consistent hours for all license types, including supermarkets and grocery stores. This was considered; however, the proposal acknowledges the market demand and the importance of convenience in allowing supermarkets and grocery stores to open earlier. The reduction to 9.00 pm closing would affect 43 of 111 premises. (Noting that this is licenced hours and not all premises utilise their full licensed hours). There is some evidence to support that patrons are likely to alter their behaviour by shopping earlier. Officers note that there may be the potential for policy divergence on the opening hours.
Off licence – All other off licences	9.00 am to 10.00 pm Monday to Sunday	All other off licences 9.00 am to 9.00 pm – Monday to Sunday
Off licence – remote sales (online sales)	Sales: Any day at Any time Delivery: 6.00am to 11.00 pm	Remote Sales (online sales only) Sale can take place – Any day at Any time Delivery of alcohol - 6.00am to 11.00pm – Monday to Sunday
Club licence	Licensing hours are to be consistent with the nature and activities of the club and in general shall range from: 8.00 am to 1.00 am the following day Monday to Sunday		Only 6 of the 28 clubs close after midnight, and few extend to 1.00 am. This proposal splits the club licence category by club size, in line with fee regulation definitions of clubs, to regulate closing hours based on size and better align with current trading hours.
Club Licences – Class one: (as per the definition in the Sale and Supply of Alcohol (fees) Regulations 2013 - a club licence that has at least 1000 members of the purchase age and in the opinion of the TA, operates any part of the premises in the nature of a tavern at any time.)		8.00 am to 1.00 am – Monday to Sunday	Only 6 of the 28 clubs close after midnight, and few extend to 1am. Officers propose splitting the club license category by club size, in line with fee regulations, to regulate closing hours based on size of the club and better align with current trading hours. There is alcohol related harm data showing alcohol related harm increases from 9pm each day of the week.
Class Two and Three Clubs (as per the definition in the Sale and Supply of Alcohol (fees) Regulations 2013). All those not a class one club		8.00 am to 12.00 am midnight – Monday to Sunday	There is alcohol related harm data showing alcohol related harm increases from 9.00 pm each day of the week. Only 6 of the 28 clubs close at 12am midnight and 6 extend to 1am. Officers propose splitting the club license category by club size, in line with fee regulations, to regulate closing hours based on size and better align with current trading hours. This would affect 3 of the 28 Club premises or 3 of the 26 clubs in this category (class 2 and 3).
Special Licence	Any day at any time	8:00 am to 2:00 am the following day, unless the event is deemed suitable by the District Licensing Committee (DLC) to extend beyond these hours, and the applicant can provide justification for the need for extended hours. A waiver will need to be applied for to extend these licensed hours. All applications must comply with the District Plan and any applicable Resource Consent.	There is alcohol related harm data showing alcohol related harm increases from 9.00 pm each day of the week. Events can significantly contribute to alcohol-related harm if not properly regulated and managed. Most special licences in the district align with the proposed hours. This provision also allows the DLC and ARLA to grant extended hours based on the type of event. It is important to note, it is expected the policy position is to ensure the hours are appropriate and reasonable for each individual event. The proposed hours are not intended to set an expectation that the DLC and ARLA will always issue licences for the full duration.

4.8 Location and Density provisions

4.8.1 Council requested further information regarding density provisions for additional suburbs as recommended by the Medical Officer of Health. (See Attachment 5 for Location maps) A memo was sent to Councillors with further information to inform decision making.

Policy Provision	Current LAP	Proposed LAP	Commentary
Proximity provisions	None	None	Practicality issues Unintended consequences
Location of licensed premises by reference to broad areas	None	None	Practicality issues Unintended consequences
Density provisions - Whether further licenses (or licenses of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district	No further off licences being a bottle store on land located in – Flaxmere Commercial Service or Suburban Commercial zone or Flaxmere Village Centre Zone Camberley - suburban commercial zone identified in Map 2.	No further off licenses being a bottle store on land located in – Flaxmere Commercial Service or Suburban Commercial zone or Flaxmere Village Centre Zone or residential area. Camberley – suburban commercial zone identified in Map 2.	No further changes are recommended, as there is strong support for the current provisions. An analysis was conducted to assess potential new areas for inclusion, but the evidence gathered was insufficient to justify adding any additional locations to the list. This is particularly relevant given that many areas are already restricted from granting licences under the district plan (residential zones) or without a Resource Consent for some licence types. Additionally, the areas identified by the MoH all straddle the town centre, or are a part of the main centre, which could cause unintended consequences such as clustering of licences just inside or outside of the exclusion zone. The additional area maps are appended in Attachment 5 if there is preference to add additional suburbs to the Draft LAP.

4.9 Discretionary Conditions

Policy Provision	Current LAP	Proposed LAP	Commentary
On licences / club licences	· CCTV cameras (location and number) • Provision of effective exterior lighting • No serving in glass containers at specified times • Number of door-staff and provision of additional security staff after specified times • Management of patrons queuing to enter the licensed premise • Limit on the number of drinks per customer at specified times • No shots or types of drinks to be served after specified times • Limit on drink sizes after specified times • Conditions relating to management: such as certificated staff required if the maximum occupancy exceeds a prescribed number or if recommended by Police or the Inspector, requirement for multiple managers etc • One way door restrictions • Provision of transport for patrons • Restriction on the use of outdoor areas after a specified time · Club specific - Conditions relating to management: such as certificated staff required at all clubs unless the bar is staffed voluntarily, and membership is below a prescribed number.	· CCTV cameras (location and number – keeping recordings for at least 28 days) • Provision of effective exterior lighting • No serving in glass containers at specified times • Number of door-staff and provision of additional security staff after specified times • Management of patrons queuing to enter the licensed premise • Limit on the number of drinks per customer at specified times • No shots or types of drinks to be served after specified times • Limit on drink sizes after specified times • Conditions relating to management: such as certificated staff required if the maximum occupancy exceeds a prescribed number or if recommended by Police or the Inspector, requirement for multiple managers etc • One way door restrictions • Provision of transport for patrons • Restriction on the use of outdoor areas after a specified time · Club specific - Conditions relating to management: such as certificated staff required at all clubs unless the bar is staffed voluntarily, and membership is below a prescribed number. In addition to the above: · Utilise the principals of Crime Prevention through Environmental Design. (CPTED) · Require impact assessments by an applicant if a premises is in a particularly low socio-economic area or an area known to have ARH issues. This impact assessment should detail how the applicant will mitigate any issues with amenity and good order and may result in conditions imposed on the licence to ensure the minimisation of alcohol related harm on the surrounding community. · Maintain and provide as a part of the application process an incident register of alcohol related incidents and mandatory reporting of violent incidents to NZ Police. · Maintain and provide upon request a duty manager register.	Additional elements will further provide DLC’s with options for the licensing process to help alleviate issues with amenity and good order and assist in the reduction of alcohol related harm.
Off licences	Display of safe drinking messages/material	· Display of safe drinking messages/material · In addition to the above: · CCTV cameras (location and number) · Provision of effective exterior lighting · Limit on alcohol related exterior signage or advertising to 30% of the building or glass exterior. · No single sale of Ready to Drink (RTD) or mainstream beer under 500ml. · Utilise the principals of Crime Prevention through Environmental Design. (CPTED) · Require impact assessments by an applicant if a premises is in a particularly low socio-economic area or an area known to have ARH issues. This impact assessment should detail how the applicant will mitigate any issues with amenity and good order and may result in conditions imposed on the licence to ensure the minimisation of alcohol related harm on the surrounding community. · Maintain and provide as a part of the application process an incident register of alcohol related incidents, and mandatory reporting of violent incidents to NZ Police. · Maintain and provide upon request a duty manager register. · Low alcoholic drinks and 0% alcohol beer to be available for sale. · No end of isle sales of alcohol for supermarkets and grocery stores.	Additional elements will further provide DLC’s with options for the licensing process to help alleviate issues with amenity and good order and assist in the reduction of alcohol related harm.
Special licences	· Restriction on the type of drinks sold, the alcohol percentage of the drinks and the type of containers the drinks are served in · One way door restrictions	· Restriction on the type of drinks sold, the alcohol percentage of the drinks and the type of containers the drinks are served in · One way door restrictions · Requirement of a separate line or service area for non-alcoholic beverages where the special licence is likely to have patrons that are under the legal drinking age. · For class one events - Security Staff, porta loos and rubbish bins provided in the surrounding areas to assist with issues with amenity and good order. - No full bottle wine sales for onsite consumption - Serve reduction systems in place to manage intoxication levels – maximum serves of 2 per sale reducing to 1. - Prescribed ratio of security staff to patrons - High visibility clothing to be worn by security staff and be visible to others. - Means of egress for emergency services - Submission of Applications at least 25 working days prior to the event to allow for processing and potential stakeholder meetings - A sufficiently detailed Alcohol Management Plan as per Section 143 of the SSAA 2012	Additional elements will further provide DLC’s with options for the licensing process to help alleviate issues with amenity and good order, reduce issues at larger events and assist in the reduction of alcohol related harm.

4.10 Other proposed changes

4.10.1 The current LAP outcomes are as follows:

· Creating a safe and healthy community free from alcohol related harm

· Fostering safe and responsible drinking environments

· Reflecting community views on the sale and supply of alcohol within the district.

4.10.2 The current outcomes remain appropriate, with one recommended amendment to the first outcome: "Creating a safe and healthy community free from alcohol-related harm." Given that the alcohol industry is a legal and legitimate sector, which inherently carries risks—even for moderate drinkers—it is unrealistic to aim for an outcome that seeks to eliminate all harm.

4.10.3 Therefore, it is proposed that the outcome be revised to: "Fostering a safe and healthy community by reducing alcohol-related harm". This revised outcome is more action-oriented, realistic, and achievable, aligning better with the practical goal of harm reduction.

4.11 Final conclusions

4.11.1 The research and the issues and options paper present evidence confirming that alcohol-related issues remain prevalent in the Hastings District, including patterns of heavy consumption, health problems, traffic and crime offenses, and harm during weekends, particularly late nights and summer months. The data suggests that alcohol-related harm begins to rise after 9pm. It is recognised that alcohol misuse affects both individuals and the wider community, with significant associated costs.

4.11.2 Research and literature acknowledge that Māori and youth are overrepresented in alcohol related harm statistics and therefore further strengthening the LAP provisions may assist in reducing alcohol related harm for these populations.

4.11.3 Implementation of the 2019 Local Alcohol Policy (LAP) may have contributed to some positive changes, particularly minor shifts in alcohol-related harm following adjustments to licensing hours. However, harm reduction is best achieved through the continued strengthening and tailoring of policy provisions over time.

4.11.4 Overall, the proposed changes to the LAP are designed to build on the existing policy framework, focusing on further reducing alcohol-related harm while recognizing the alcohol industry as a legal and regulated sector. These revisions aim to support a vibrant and safe night-time economy in the community, while ensuring that public health and safety are prioritized. The ongoing support from stakeholders, including health professionals, law enforcement, and alcohol licensing inspectors, underscores the effectiveness and continued importance of the policy in reducing harm in the Hastings District.

4.12 Consultation (Special Consultative Procedure)

4.12.1 Consultation will be completed through the SCP between approximately the 14 March – 14 April 2025 with hearings occurring mid to late April 2025.

4.12.2 Specific consultation will occur with Māori and youth as they are overrepresented in statistics. Licensees will also have additional consultation via the Alcohol Accord meeting.

4.12.3 All SCP documents will be legally checked, and then designed by the communications department of council prior to being publicly available on the Council website and our voice our choice platform.

4.12.4 Consultation will include:

· Social media campaigns

· Public meetings / stakeholder meetings

· Media releases

· Flyers and posters

· Email outreach.

5.0 Options – Ngā Kōwhiringa

5.1 The officers have evaluated three potential options.

5.1.1 Option One: The Council adopts the Statement of Proposal (and its associated attachments), approving the Draft Local Alcohol Policy as proposed (or amended during the meeting), and proceeds with its notification on or around 14 March 2025, in accordance with the Special Consultative Procedure.

5.1.2 Selecting Option One would initiate the Special Consultative Procedure (SCP) for the Draft Local Alcohol Policy, allowing the Council to maintain an active LAP and meet its review deadline of August 2025.

5.2 Option Two: The Council does not approve the draft policy for notification under the Special Consultative Procedure.

5.2.1 If Option Two is selected, the provisions in the current LAP would be rescinded, and the regulations would default to the more permissive provisions of the Sale and Supply of Alcohol Act 2012 (SSAA 2012). A SCP would then need to occur to revoke the LAP under Section 96 of the Act.

5.3 Option Three: The Council provides alternative provisions or requests further work to finalize a different set of provisions for the Proposed Draft LAP.

5.3.1 Should Option Three be chosen, the Council would either propose alternative provisions during the meeting or request further analysis to be completed and defer the decision to a later date, with a view to finalizing provisions different from those in the proposed Draft LAP.

5.4 Advantages and Disadvantages of each option

5.4.1 Option One: Adopt the Draft LAP and Statement of Proposal and associated documents for the SCP

Advantages:

· The proposed policy changes will continue to contribute to the reduction in alcohol related harm in our community.

· The changes support the views of the key stakeholders (NZ Police, MoH, Inspectors)

· The proposed changes align with the evidence of harm provided in the research report and issues and options paper, and largely reflects stakeholder feedback.

· The proposed changes still allow for a vibrant nighttime economy while contributing to the reduction in harm.

· The LAP project will meet the LAP review deadline of August 2025 as required by the SSAA 2012.

5.4.2 Disadvantages

· Certain licensees may oppose a reduction in operating hours.

· There may be resistance from the public.

· Possible misalignment of provisions with NCC (This can be remedied, if necessary, at the final draft stage once the SCP has been completed).

5.5 Option Two: That Council does not approve the draft policy for notification as per the Special Consultative Procedure.

5.5.1 Advantages:

· None

5.5.2 Disadvantages:

· HDC would relinquish the current provisions in the existing LAP, reverting to the more permissive SSAA 2012 provisions, which could result in an increase in alcohol-related harm.

· There is still a requirement under Section 96 of the Act to complete a SCP to revoke a LAP.

· Potential negative feedback from stakeholders and the public.

· Potential misalignment of provisions with NCC, resulting in unintended consequences.

5.6 Option Three: The Council provides alternative provisions or requests further work to finalize a different set of provisions for the Draft LAP.

5.6.1 Advantages

· Politically there may be more support for alternative provisions.

5.6.2 Disadvantages

· Possible misalignment of provisions with NCC (This can be remedied, if necessary, at the final draft stage once the SCP has been completed

· Risk of not meeting the LAP review deadline of August 2025.

5.7 Option one is the preferred choice, as it incorporates stakeholder input and research on alcohol-related harm. This option aims to further reduce alcohol-related harm while supporting a vibrant night-time economy, recognizing Hastings as a wine district, and acknowledging the importance of the hospitality industry.

6.0 Next steps – Te Anga Whakamua

6.1 If the Statement of Proposal (and associated documents) and first draft of the LAP are approved by the Council today, the documents will be made available for public consultation and will be notified for submissions on or around 14 March 2025.

6.2 The Council must adhere to the Special Consultative Procedure as outlined in Section 83 of the Local Government Act 2002.

6.3 Following the closure of the submission period (approximately 14 April 2025), a Council Hearing Committee, consisting of up to five councillors (as determined by the Council today), will hear the submissions.

6.4 A preferred position paper will be developed providing the submission analysis and detailing any proposed changes to the Draft LAP. If necessary, the Joint Working Reference Group may reconvene to assist with policy alignment.

6.5 It is important to note that there is no appeal process within this review. The LAP will come into force 30 days after the public notification of its adoption by The Council, with hours provisions coming into force 3 months after the notification date.

6.6 NCC will follow the similar procedure in parallel with HDC.

Attachments:

1 ⇨	Regulatory Operations - Liquor Licensing - Policy - First Draft LAP 2024 - non tracked (FINAL 12.2.25 - legally checked) PDF	REG-14-3-25-322	Vol 2
2 ⇨	Regulatory Operations - Liquor Licensing - Policy - FINAL LAP Research Report 2024 PDF - (FINAL 4.2.25)	REG-14-3-24-317	Vol 2
3 ⇨	Regulatory Operations - Liquor Licensing - Policy - FINAL LAP Issue and Options paper 2024 (FINAL 12.2.25)	REG-14-3-25-323	Vol 2
4 ⇨	Regulatory Operations - Liquor Licensing - Policy - Submission pack for consultation 2025 for council meeting (FINAL PDF 12.2.25)	REG-14-3-25-324	Vol 2
5 ⇨	Regulatory Operations - Liquor Licensing - Policy - Binder of maps for LAP 2025	REG-14-3-25-328	Vol 2

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 performance of regulatory functions for the purpose of preventing harm and creating safe and healthy environments for people. The proposal also contributes towards reducing public nuisance and threats to public health and safety through appropriate policy controls for the wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

Maori and pacific people are overrepresented in alcohol related harm statistics, however no known impacts for mana whenua / iwi / tangata whenua above and or beyond the general community population specifically in relation to this policy review. Maori will have targeted consultation through the SCP.

Sustainability - Te Toitūtanga

The policy is required under the Act to be reviewed every six years.

Financial considerations - Ngā Whakaarohanga Ahumoni

The policy process will incur fees associated with a legal review and costs for Special Consultative Procedure and administration /officer time. These will be covered from existing Planning and Regulatory budgets in the 2024-2025 years.

Significance and Engagement - Te Hiranga me te Tūhonotanga

Section 79 of the Act requires the use of the SCP under The LGA 2002, for the LAP Review. Preliminary stakeholder consultation has been done.

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

The LAP Review must use the SCP under the LGA 2002. Specific consultation will be completed with Maori, Youth and Licensees.

Risks

REWARD – Te Utu

RISK – Te Tūraru

Public health benefits of having a LAP –

reducing alcohol related harm.

Providing tools for the District Licensing Committee to regulate where and when alcohol is sold and supplied in the region.

Supporting stakeholder groups wish for the continuation of the LAP to protect and promote public health and safety.

Provisions contained within the LAP may be too restrictive or not restrictive enough.

Possible policy divergence with NCC

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Bruce Conaghan, Transportation Policy and Planning Manager

Te Take:

Subject:

Revocation of Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 This report recommends that the Council revoke Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws in response to legislative changes.

1.2 The Land Transport Rule: Setting of Speed Limits 2022 changed the way that speed limits are set. Councils no longer need to set speed limits through a bylaw, but through a process associated with the new National Speed Limit Register.

1.3 This means that the speed limits bylaw is redundant and can be revoked. The Land Transport Act 1988 enables this to be done by resolution, without the need for public consultation under section 168AAA(2) of that Act.

1.4 Revoking the bylaw that sets speed limits can only be considered once the speed limits have been entered into the National Speed Limit Register. This is set out in Part 4 of the Land Transport (Register of Land Transport Records – Speed Limits) Regulations 2022.

1.5 Given that Council’s speed limit data has been migrated to the National Speed Limit Register, Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws can therefore be revoked effective immediately.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Revocation of Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws dated 18 February 2025.

B) That Council revoke Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws effective immediately, noting that the speed limits contained in the Speed Limits Bylaw have been entered into the National Speed Limit Register.

3.0 Background – Te Horopaki

3.1 The Council sets speed limits on the roads it controls through Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws (“Speed Limits Bylaw 2012”). The Speed Limits Bylaw 2012 was made pursuant to section 684(13) of the Local Government Act 1974, the Local Government Act 2002, and the Land Transport Rule : Setting of Speed Limits 2003. Note that the Speed Limits Bylaw does not include those roads in the District where other road controlling authorities are responsible e.g. NZTA for the State Highways and the Department of Conservation for their roads.

3.2 The Land Transport Rule : Setting of Speed Limits 2022 (“2022 Rule”) revoked and replaced the Land Transport Rule : Setting of Speed Limits 2017 (“2017 Rule”) which required speed limits to be set by bylaw under section 2.7(1) of the 2017 Rule. The 2022 Rule requires speed limits to be set by creating land transport records and entering those records into the National Speed Limit Register (“NSLR”). The NSLR becomes the legal instrument meaning that the Speed Limits Bylaw can be revoked.

3.3 Section 168AAA of the Land Transport Act 1998 (“Act 1998”) enables regulations to be made relating to land transport records (a speed limit is a land transport record). The regulations made to accommodate this change are the Land Transport (Register of Land Transport Records – Speed Limits) Regulations 2022 (“Regulations 2022”). Section 13 of Part 4 of the Regulations 2022 enables a road controlling authority to revoke the bylaw that sets speed limits after the speed limits have been entered into the NSLR as a land transport record, thus setting them as legal speed limits under the new system.

3.4 Section 168AAA(2) of the Act 1998 removes the consultation requirements when amending, replacing, or revoking a bylaw in accordance with the regulations made under that system. The regulations pertinent here are the Land Transport Register of Land Transport Records – Speed Limits) Regulations 2022.

3.5 Where a Speed Limits Bylaw is revoked, there is still the legal requirement for the road controlling authority to retain copies of the bylaw including the obligation in clause 2.8(7) of the Setting of Speed Limits Rule 2017 to keep speed limit information for seven years. This would include all information associated with the process to change speed limits in the bylaw.

4.0 Discussion – Te Matapakitanga

4.1 The Land Transport Rule : Setting of Speed Limits 2022 changed the way that speed limits are set. Road controlling authorities no longer need to set speed limits through a bylaw, but through a process associated with the new National Speed Limit Register. This means that the Speed Limits Bylaw is redundant and can be revoked. The Land Transport Act 1988 enables this to be done by resolution, without the need for public consultation under section 168AAA(2) of that Act.

4.2 Revoking the bylaw that sets speed limits can only be considered once the existing speed limits have been migrated to the NSLR as required by Section 13 of Part 4 of the Land Transport (Register of Land Transport Records – Speed Limits) Regulations 2022.

4.3 With Council’s speed limit data having been migrated to the NSLR, Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws can therefore be revoked effective immediately.

4.4 While the Speed Limits Bylaw is revoked, there is still the legal requirement for road controlling authorities to retain copies of the bylaw including the obligation in clause 2.8(7) of the Setting of Speed Limits Rule 2017 to keep speed limit information for seven years up to the date of revocation. This would also include all information associated with the process to effect amendments to the speed limits bylaw for the same period.

5.0 Options – Ngā Kōwhiringa

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

5.1 Revoke the Speed Limits Bylaw 2012 effective immediately.

Advantages

· Complies with guidance from NZTA to revoke the Bylaw

· Avoids any confusion for the community as to what legal instrument is regulating speed limits

Disadvantages

· There are no known disadvantages with this option

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

5.2 Do not revoke the Speed Limits Bylaw 2012.

Advantages

· There are no known advantages with this option

Disadvantages

· Does not comply with guidance from NZTA to revoke the Bylaw as soon as practicable

· Would duplicate the regulations leading to potential inconsistency and confusion as to which legal instrument is regulating speed limits on roads controlled by Hastings District Council

6.0 Next steps – Te Anga Whakamua

6.1 Once the decision has been made to revoke the Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws, officers will update the Hastings District Council Bylaws to show that the Speed Limits Bylaw 2012 has been revoked. An explanatory note directing readers to the National Speed Limit Register for the Hastings District Council speed limits will be included on the Council website.

6.2 As required, Council will retain copies of the previous Speed Limits Bylaw for seven years. Recognising the obligation in clause 2.8(7) of the Setting of Speed Limits Rule 2017, all speed limit information associated with the process to change speed limits in the bylaw will also be kept for the same period.

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

There is no contribution to Council’s Community Outcomes or Long term Plan Strategic Objectives given that the revocation is in response to legislative changes.

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A as the decisions in this report are administrative to comply with legislative changes.

Sustainability - Te Toitūtanga

N/A as the decisions in this report are administrative to comply with legislative changes.

Financial considerations - Ngā Whakaarohanga Ahumoni

There are no financial implications as the decisions in this report are administrative only to comply with legislative changes.

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 minor significance.

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

N/A as the decisions in this report are administrative to comply with legislative changes.

Risks

There are no risks as the revocation of the existing Speed Limits Bylaw to comply with legislative requirements has no impact on the Council being able to perform its role as a road controlling authority.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

N/A as the decisions in this report are administrative and to comply with legislative changes.

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Bruce Conaghan, Transportation Policy and Planning Manager

Te Take:

Subject:

Hastings District School Speed Limits Plan

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 The purpose of this report is to seek approval to adopt the Hastings District School Speed Limits Plan as required by the Land Transport Rule: Setting of Speed Limits 2024.

1.2 Land Transport Rule: Setting of Speed Limits 2024 (“the Rule”) came into force on 28 September 2024. The Rule requires road controlling authorities (RCAs) to use reasonable efforts to comply with Section 5 of the Rule by 1 July 2026 in setting speed limits outside all schools.

1.3 Council officers identified the specific Category (1 or 2) of each school in the context of the Rule definition such that all schools having a current posted speed limit of 50 km/h would have a 30 km/h school speed limit while those with a posted speed limit of 60 km/h or above would have a school speed limit of 60 km/h or no change where the existing speed limit was already 60 km/h.

1.4 Discussions are underway with each school to detail the proposed speed limit changes and to confirm the times that the school speed limit would operate at the time of writing this report. An update of that progress will be provided to Council at the meeting.

1.5 All electronic signs have been purchased previously with subsidy from NZTA so the only cost involved moving forward will be the supply of the static school speed limit signs and the installation of all signs. The estimated cost for to deliver this $300,000 compromised of $180,000 for the urban area and $120,000 for the rural area. The only two schools that have electronic signs in place are Puketapu School and Maraekākaho School and Council officers would be looking to confirm that these can become operational as soon as possible after the Hastings District School Speed Limits Plan is certified in accordance with the Rule. A potential date for the school speed limits speed limits to come into effect at those two schools would be within a month of certification of the school speed plan.

1.6 While all school speed limits are to be in place by 1 July 2026, Council officers would be working to achieve this by 1 July 2025 and are seeking subsidy from NZTA to assist with this delivery within approved LTP budgets. If funding is approved and budget is available within the LTP, all school speed signs would be installed by the end of this financial year to enable the school speed limits once certified in accordance with the Rule to come into effect on 1 July 2025. If funding is only approved in the 2025/26 financial year, Council officers would look to have all school speed limits come into effect on 1 January 2026. Given that Puketapu School and Maraekākaho School have electronic signs in place, and Council officers would be looking to confirm that these can become operational as soon as possible after the Hastings District School Speed Limits Plan is certified in accordance with the Rule.

2.0 Recommendations - Ngā Tūtohunga

A) That Council receive the report titled Hastings District School Speed Limits Plan dated 18 February 2025.

B) That Council adopt the proposed school speed limits in Attachment 2: Hastings District School Speed Limits Plan.

3.0 Background – Te Horopaki

3.1 Land Transport Rule: Setting of Speed Limits 2024 (“the Rule”) came into force on 28 September 2024. The objective of the Rule is to contribute to an effective, efficient, and safe land transport system by:

· providing for an approach to speed management that considers speed limits alongside safety infrastructure and safety camera enforcement, and

· empowering or requiring road controlling authorities to set speed limits for roads under their control, generally after considering safety, economic impacts, and the views of road users and the community, and

· setting out requirements road controlling authorities must comply with when setting speed limits.

3.2 The Rule requires road controlling authorities (RCAs) to use reasonable efforts to comply with Section 5 of the Rule by 1 July 2026 in setting speed limits outside all schools.

3.3 In the Rule, all schools are classed as either Category 1 or Category 2 schools. Schools are Category 1 unless RCAs designate them Category 2.

Category 1 schools are more likely to be in areas with:

· existing speed limits of 50 km/h or less

· higher risk to vulnerable road users e.g. more nearby housing so pupils may walk or cycle to school

· other vulnerable road users in the vicinity e.g. pedestrians, cyclists, micro-mobility users

Category 2 schools are more likely to be in rural areas with:

· higher existing speed limits

· comparatively less risk to vulnerable road users e.g. pupils are usually driven or take a bus to school as distance makes active transport modes less practical, and there’s off-road parking and/or pick up/drop off spaces

· other mitigating features for higher speed limits e.g. safety infrastructure such as dedicated cycle lanes

3.4 The Rule sets speed limit requirements for roads “outside the school gate” which is defines as “the section of road immediately adjacent to a gate or other access used by students to enter or leave the school, usually measuring (with any reasonably practicable modifications):

· 300 metres for a category 1 school, or

· 600 metres for a category 2 school

Schools may have many different gates or access points. RCAs would work with schools to identify the relevant ones, i.e. gates and access points next to a road and used by students entering and leaving school. RCAs then are required to apply the specified lengths for roads outside a school gate wherever possible, ideally with a school gate in the middle, i.e.:

• 300m total road length, 150m either side of a school gate for a category 1 school

• 600m total road length, 300m either side of a school gate for a category 2 school

3.5 In deciding a sensible and reasonable approach for each relevant school gate or access point, RCAs need to consider the road environment and resulting sign placement needs. Reasonably practicable modifications to suit a school’s individual circumstances include extending the length of road treated as outside a school gate to:

· cover a long drop off / pick up zone

· meet another school gate along the same road or around a corner

· include a cluster of schools, to avoid having a short section of road with no variable speed limit

· meet a nearby intersection or other feature showing a more reasonable point of change

3.6 RCAs setting variable speed limits for roads outside a school gate under Section 5 of the Rule must set school travel periods for a school at the same time. School travel periods are the periods of time when variable speed limits apply and only on days when the school is operating. RCAs must set one school travel period at the start and one at the end of each school day for up to 45 minutes either side of the bell.

Depending on the circumstances, it may be helpful to reduce the amount of information road users have to process by:

· making morning and afternoon school travel periods the same length of time, for example, both 40 minutes long

· using round numbers, for example, ‘8.20–9.00am’ instead of ‘8.15–8.55am’

· if possible, setting consistent school travel periods for schools in the same area.

3.7 RCAs must set speed limits for roads outside a school gate during school travel periods as:

· 30km/h variable speed limits for Category 1 schools

· 60km/h or less variable speed limits for Category 2 schools.

3.8 Additionally, RCAs may set a permanent speed limit for a road outside a school gate as 30km/h (Category 1 schools) or 60km/h or less (Category 2 schools) if:

· this speed limit is permitted under Schedule 3 of the Rule for the road outside a school gate and an adjoining section of road, and

· they set this permanent speed limit for the adjoining section of road at the same time

3.9 RCAs will need to work together with each school to plan changes and provide detailed information to communities about the speed limit changes and when they are to come into force.

4.0 Discussion – Te Matapakitanga

4.1 From a Council perspective, setting safe speed limits around all schools works to improve safety for all users, and especially for encouraging and enabling more active transport to and from school is fully supported.

4.2 Council officers identified the specific Category (1 or 2) of each school in the context of the Rule definition such that all schools having a current posted speed limit of 50 km/h would have a 30 km/h school speed limit while those with a posted speed limit of 60 km/h or above would have a school speed limit of 60 km/h or no change where the existing speed limit was already 60 km/h. Attachment 1 identifies all of the schools in Hastings District, the school category, and the proposed school speed limit in terms of the Rule requirements.

4.3 Maps showing the minimum requirements of the Rule for each school were developed. These then enabled Council officers to identify the extent of any overlaps of the school speed zones to see which schools could be treated as part of a cluster and the wider area signed accordingly. Attachment 1 notes which schools are to be treated individually or as part of a cluster. By virtue of that approach, it provided a simple process to ascertain what would be suitable school speed limits in terms of the Rule while considering the adjacent environment and to ascertain where modifications in accordance with the Rule would be suitable in terms of the Rule to achieve a safer environment. Attachment 2 shows the extent of the school speed zone for each school that is to be signed and forms the basis of the school speed limit plan that Council would seek to have certified as a Land Transport Record in accordance with the Rule.

4.4 The approach to the implementation of the speed limit signage is that electronic speed signs will be installed for Category 1 schools where that school fronts a road defined as an Urban Connector (Arterial or Primary Collector Road) and for Category 2 schools where that school fronts a road defined as a Rural Connector. All other school speed limit signage will be static signs.

4.5 It can be noted that there are a small number of schools in rural areas that have a current speed limit of 50 km/h so that a 30 km/h school speed limit would be appropriate e.g. Puketapu School, Bridge Pa School, and Ōmāhu School. There are also a few schools e.g. Puketapu School and Parkvale School where the school speed zone would extend beyond the extent of the current legal 50 km/h speed limit so the underlying 50 km/h speed limit would be extended accordingly. With those isolated rural schools being in cul-de-sacs e.g. Te Pohue School and Waimārama School, it would be appropriate that the speed limit on those roads be lowered to a permanent lower speed limit as is the case for Pakowhai School on Chesterhope Road.

4.6 Discussions are underway with each school to detail the proposed speed limit changes and to confirm the times that the school speed limit would operate at the time of writing this report. An update of that progress will be provided to Council at the meeting.

4.7 All electronic signs have been purchased previously with subsidy from NZTA so the only cost involved moving forward will be the supply of the static school speed limit signs and the installation of all signs. The estimated cost for to deliver this $300,000 compromised of $180,000 for the urban area and $120,000 for the rural area. The only two schools that have electronic signs in place are Puketapu School and Maraekākaho School and Council officers would be looking to confirm that these can become operational as soon as possible after the Hastings District School Speed Limits Plan is certified in accordance with the Rule. A potential date for the school speed limits speed limits to come into effect at those two schools would be within a month of certification of the school speed plan.

4.8 While all school speed limits are to be in place by 1 July 2026, Council officers would be working to achieve this by 1 July 2025 and are seeking subsidy from NZTA to assist with this delivery. If funding is approved, all school speed signs would be installed by the end of this financial year to enable the school speed limits once certified to come into effect on 1 July 2025. If funding is only approved in the 2025/26 financial year, Council officers would look to have all school speed limits come into effect on 1 January 2026.

4.9 The school speed limit changes are mandated by the Rule and with Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws being revoked, these changes can be effected without the need for wider consultation as would be required under an amendment to a Bylaw.

5.0 Options – Ngā Kōwhiringa

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

5.1 Implement the school speed limits as proposed to meet the legal requirements of Land Transport Rule: Setting of Speed Limits 2024:

Advantages

· Compliance with the Rule

· Setting safe speed limits around all schools improves safety for road users including encouraging and enabling more active travel to and from schools

· Appropriate speed limits operate at the times of greatest risk to vulnerable road users

Disadvantages

· There are no known disadvantages with this option

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

5.2 Do not implement the requirements of the Rule for school speed limits:

Advantages

· There are no known advantages with this option

Disadvantages

· Does not comply with the requirements of the Rule to have school speed limits implemented

6.0 Next steps – Te Anga Whakamua

6.1 All electronic signs have been purchased previously with subsidy from NZTA so the only cost involved moving forward will be the supply of the static school speed limit signs and the installation of all signs. The estimated cost for to deliver this $300,000 compromised of $180,000 for the urban area and $120,000 for the rural area.

6.2 Council officers are seeking subsidy from NZTA to assist with this delivery within approved LTP budgets as this will determine when the speed limits could become operational. If funding is approved and budget is available within the LTP, all school speed signs would be installed by the end of this financial year to enable the school speed limits once certified in accordance with the Rule to come into effect on 1 July 2025. If funding is only approved in the 2025/26 financial year, Council officers would look to have all school speed limits come into effect on 1 January 2026.Council officers will then be able to submit the School Speed Limits Plan to NZTA for certification.

Attachments:

1 ⇨	Proposed School Speed Limits	CG-17-1-01392	Vol 2
2 ⇨	School Speed Limits Plan	CG-17-1-01397	Vol 2

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 safety wellbeing of communities in the present and for the future. It will provide for safety at those times when there is the greatest cycling and walking activity around schools.

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A as the decisions in this report are to comply with legislative changes.

Sustainability - Te Toitūtanga

N/A.

Financial considerations - Ngā Whakaarohanga Ahumoni

It is estimated that the cost of implementation for the school speed limits would be $300,000 for the supply of the static signs and implementation of all speed limit signage. Note that all electronic speed limit signs have been purchased.

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 minor significance.

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

Discussions are underway with each school to detail the proposed changes at the time of writing this report and an update of that progress will be provided to Council at the meeting.

Risks

REWARD – Te Utu

RISK – Te Tūraru

While implementing the school speed limits will meet the requirements of the Rule, the implementation will work to decrease the likelihood and severity of crashes around schools.

The only noted risk is timing for the overall delivery of the school speed limits where the cost of implementation is not subsidised by NZTA especially noting that the school speed limit changes are required to meet the requirements of the Rule. While the cost required to implement the school speed limits is not significant per se, the lack of subsidy does create an additional financial and budgetary impact on Council.

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

Given that a number of schools are in the rural area of Hastings District, Rural Community Board members have been consulted with and support the intent of the Rule.

Tuesday, 18 February 2025

Te Hui o Te Kaunihera ā-Rohe o Heretaunga

Hastings District Council: Council Meeting

Te Rārangi Take
Report to Council

Nā:

From:

Rebecca Hill, Senior Environmental Planner - Policy

Te Take:

Subject:

River Hazard Modelling for the Esk River and Te Ngarue Stream

1.0 Executive Summary – Te Kaupapa Me Te Whakarāpopototanga

1.1 This report updates Council on the Hawke’s Bay Regional Council’s River Hazard Modelling for the Esk River and Te Ngarue Stream.

1.2 The Resource Management Act (the Act) requires territorial councils to control any actual or potential effects of the use, development, or protection of land for the purpose of the avoidance or mitigation of natural hazards (s 31(1)(b)(i)).

1.3 The Act also sets out the functions of regional councils which includes the control of the use of land for the purpose of the avoidance or mitigation of natural hazards (s 30(1)(c)(iv)).

1.4 The Councils in exercising their functions and powers under the Act shall recognise and provide for the management of significant risks from natural hazards as a matter of national importance.

1.5 The Hawke’s Bay Regional Council in exercising its function under the Act, and triggered by the devastating floods of Cyclone Gabrielle, are conducting river hazard modelling for the Esk River and Te Ngarue Stream and will be sharing this with the Council to inform any changes to the Hastings District Plan. This information can also be used to inform decisions on resource consents, building consents and supplied with any Land Information Memorandum (LIM).

1.6 This modelling work is well underway with sensitivity testing and review to be completed. Council Officers will continue to work with the Regional Council and report back to Council once the modelling has been finalised. In this next report Council Officers will present options for a planning response to the updated river hazard modelling and advise on the legislative framework in place at that time.

2.0 Recommendations - Ngā Tūtohunga

That Council receive the report titled River Hazard Modelling for the Esk River and Te Ngarue Stream dated 18 February 2025.

3.0 Background – Te Horopaki

3.1 The District Plan contains Natural Hazard provisions that aim to identify and avoid or mitigate risks associated with natural hazards. Both the Esk River and Te Ngarue Stream have a River Hazard Overlay identified and associated rules limiting development. Maps showing the current extent of the River Hazard Overlays in the District Plan for Esk and Tangoio are included as Attachments 1 and 2.

3.2 The current District Plan provisions require any permanent buildings, structures and habitable buildings within the River Hazard Overlay in the Esk Valley and Tangoio to obtain resource consent as a Non-complying Activity thus promoting the avoidance of this hazard. These rules however do not apply to the land zoned Coastal Settlement Zone at Tangoio. Site specific investigations were undertaken in 2008 as part of a Private Plan Change that recommended a minimum floor level (reference level of RL 15.7). The Commissioners’ decision at the time was that this would provide protection from a 1 in 100-year flood level plus 500mm freeboard.

3.3 Esk Valley and Tangoio have been impacted by flood events in the past, the most recent being Cyclone Gabrielle in February 2023. This event resulted in extensive property and infrastructure damage and destruction. This event also caused loss of life.

3.4 Following Cyclone Gabrielle, the Hawke’s Bay Regional Council categorised land in the Esk Valley and Tangoio as Category Three (see Attachment 3) in accordance with the Government’s land categorisation framework. Category Three is defined as land where “future severe weather event risk cannot be sufficiently mitigated. In some cases, some current land uses may remain acceptable, while for others there is intolerable risk of injury or death”.

3.5 As part of Council’s response to the Category 3 classification, it put in place the Voluntary Buy-Out Programme and acknowledged that options to amend Regional and District Plans to limit or preclude future residential development in Category 3 areas needed to be explored.

3.6 The Whenua Māori and Marae Pathway provided by the Crown aims to support communities on whenua Māori in Category 3 areas to relocate to safer places whilst retaining ownership. This recognises that the voluntary buy-out scheme is likely not appropriate for this land as it could alienate Māori from their land. The Cyclone Recovery Unit of the Department of the Prime Minister and Cabinet have advised that recipients of the support packages will commit to relocating and no longer using the whenua for residential purposes, and consent to relevant buildings and structure being removed and services capped. The agreement will be binding on successors. Council Officers will be advised of the conditions in the ‘residential relocation agreements’ once agreements are signed. These agreements are not regulations or rules. Their administration and implementation will be between the parties to the respective agreement.

3.7 For the properties that went through the voluntary buy-out process, covenants have been put in place to prevent future residential development on these sites shown in Attachment 3. There does remain many sites in Category 3 where residential activities remain as permitted activities as per the current District Plan rules as they are outside the current River Hazard Overlay and do not have covenants.

3.8 Recommendation L of Item 5 of the Council meeting held on 14 September 2023 states: That Council notes that a further report will be presented that considers options to amend Regional and District Plans to limit or preclude future residential development in Category 3 areas, and explores options to enable displaced property owners to relocate to nearby locations.

3.9 Plan Change 6 has provided Category 3 landowners who have reached a voluntary buy-out agreement with an easier pathway for the creation of a lifestyle site within the Rural and Rural Residential zones. This helps them relocate to a new dwelling site near their existing community. Plan Change 6 became operative 28 September 2024.

3.10 Steps to address future residential use of the Category 3 land have not advanced as quickly. It relies on a robust assessment of future flood vulnerability. The Regional Council has commissioned and prioritised flood modelling for the Esk River and Te Ngarue Stream over other areas given the recognised significance of the hazard. Discussions have been taking place with government agencies and adjoining authorities to ensure that a consistent approach is adopted. The expectation is that future activities that would have a high probability of placing people in risk to life situations will be prevented.

3.11 The Regional Council is in the process of reviewing the Regional Policy Statement (RPS). A RPS is a key planning document under the Act that can state policies directing who and how risk from natural hazards can be managed, including directing the use of the district plan rules to control of land use to avoid and mitigate flood hazard risk. The District Plan must give effect to the RPS and national policy statements prepared under the Act.

3.12 The Hawke’s Bay Independent Flood Review (HBIFR) July 2024 contained recommendations relating to planning controls that are likely to influence the RPS. The relevant recommendations include;

22. HBRC should urgently review the Regional Policy Statement so that it includes clear and directive objectives and policies regarding land use management in flood hazard areas.

23. HBRC should update and include the 2023 flood event as well as other notable historic floods in the assessment of flood frequency for use in identifying flood hazard areas. The underestimation of flood risk in the Esk Valley and Pōrangahau are examples of significant historic floods not being accounted for.

24. HBRC should ensure that Regional Policy Statement provisions:

a. Identify and map areas subject to flood hazard risks, including scenarios that exceed the levels of service provided by flood management assets;

b. Direct how the effects of climate change are to be taken into consideration when identifying flood hazard areas and assessing subdivision and land use applications;

c. Define unacceptable flood hazard risk;

d. Direct that district plans avoid unacceptable flood hazard risks, including, for example, through the use of prohibited activity rules;

e. Define when mitigation measures to manage flood hazard risks are appropriate and the types of mitigation that are appropriate;

f. Identify areas of high flood hazard risk where managed retreat is required.

25. The review of the Regional Policy Statement should ensure that new and intensified residential development and subdivision is prohibited in areas subject to unacceptable flood hazard.

3.13 The Regional Council has commissioned updated flood modelling in several key catchments in the region. This modelling work incorporates data from Cyclone Gabrielle along with several other key factors, notably climate change scenarios. This updated modelling will identify areas of river hazard risk, which could properly be managed through the Hastings District Plan. Furthermore, this modelling information can also be used in other contexts, such as assessing resource consents, building consents and LIMs.

3.14 Parallel with the Council’s identification of the need to better reflect natural hazard risk through the District Plan, the Government has also been considering and promoting changes to the current planning regime to address those risks. The Resource Management (Consenting and Other System Changes) Amendment Bill proposes new regulation-making powers to support emergency responses and recovery efforts. It also seeks to introduce a new ability to decline land use consents or impose conditions when significant natural hazard risks are present, regardless of their activity status. Plan changes that introduce new natural hazards rules are also proposed to have immediate legal effect from the date of public notification. This Bill will go through the parliamentary process from early to mid-2025.

3.15 The Government has signalled its intention to release a draft National Policy Statement on Natural Hazards Decision-making (NPS-NHD) in early 2025 for public comment. Officers expect that this will set out the modelling parameters and the scale of the flood event that Council is required to avoid or mitigate against. The timeframe for Ministerial approval of a new NPS-NHD is currently unknown.

4.0 Discussion – Te Matapakitanga

4.1 The Regional Council’s updated modelling information will provide a more up-to-date reflection of the river hazard risk in the Esk and Tangoio Valleys. The Regional Council have prioritised modelling in these areas as it is where flood mitigation is not possible and there is the greatest level of risk to life. While there may be some alignment with the River Hazard Overlay currently in the District Plan, the extent of the area identified as being affected by the river hazard will likely increase. By the time this meeting is held, the Regional Council will have advised a likely timeframe for the review of modelling results.

4.2 The HBIFR highlights that the Regional Council have provided advice around this increased flood extent before. In 2013 the Regional Council presented a flood hazard map as a worst-case scenario showing flooding beyond the 100-yr return period. It largely matched what was experienced in Cyclone Gabrielle. This flood extent at the time was not included in this Council’s nor the Napier Council’s District Plans as applying restrictive rules on an area based on worst case scenario or extreme events “may not sit so easily with those landowners”.

4.3 The HBIFR observed that the 1938 flood was not used in the modelling analysis for 1 in 100-year events and that this significantly affected the assigned frequency of such events. Considering such historic events, Cyclone Gabrielle and climate change impacts the updated modelling for this area may show this wider area to be affected by events with a return period of 1 in 100 years, which is typically considered appropriate for land use planning controls.

4.4 Once the Regional Council has completed the updated modelling, the Council will need to consider what steps it takes in response to that new information. It is proposed that once the modelling is finalised, a further report will be brought to Council with options for Council to consider. The following paragraphs set out some of the matters that will be considered as part of that next report.

4.5 Council will need to consider the content of any Plan Change to reflect the updated hazard information. As a minimum, Council could undertake a Plan Change to update the extent of the River Hazard Overlay in accordance with the new modelling. However, it is also considered appropriate to consider what activities are enabled within areas identified as subject to river hazard risk. Currently the District Plan requires buildings to be assessed as non-complying activities but does not specifically refer to types of activities (for instance, residential activities which may be carried out with an existing building). Council may look to review the rule settings for the River Hazard Overlay to determine whether they adequately reflect the impact and significance of the hazards in these areas. As noted above, the HBIFR recommended that unacceptable flood risk should be avoided using prohibited activity rules for new and intensified residential activities.

4.6 Prior to the development of a Plan Change, Council will need to undertake consultation as required by Schedule 1 of the Act. This consultation will be to inform on the mapping extent of the hazard and consult on the associated District Plan rule settings. A consultation plan for the next phase of this project will include consultation with landowners, mana whenua, iwi authorities, the Esk Valley and Tangoio communities and the wider Hastings District community. Council Officers will also continue to consult with their counterparts at the Hawke’s Bay Regional Council and Napier City Council with the aim being consistency across planning documents. Stakeholders will be consulted including; HB Recovery Agency, HB Emergency Management, NZTA, Kiwi Rail, Transpower, Genesis Energy, Contact Energy, Unison Networks, Pan Pac, Rural Community Board, the insurance sector, Natural Hazard Commission and relevant Government Ministries.

4.7 A further matter to consider will be the timing of any plan change. Given the requirement for a district plan to give effect to a regional policy statement and national policy statement, ideally any changes to the RPS and a new NPS in relation to natural hazard planning would be made first and the District Plan could give effect to those. Indications from the Regional Council are that a draft RPS may be released for public comment around August 2025 with public notification unlikely until 2026. The timing of a NPS-NHD is uncertain. It may not be appropriate to delay a plan change for these instruments to be in place given the risks involved.

5.0 Next steps – Te Anga Whakamua

5.1 Moving forward Council Officers will;

· Continue to work with the Regional Council to get updated river hazard modelling for the Esk River and Te Ngarue Stream.

· Liaise with Napier City Council in relation to the Esk River with the aim being consistency of approach in this area.

· Report back to Council once the finalised river hazard modelling information commissioned by the Regional Council is received.

· Present options to the Council as to the content of any planning response.

· Assess the legislative and national guidance framework in place at that time.

· Advise on any updated indications as to the timing of an amended RPS and a new NPS-NHD.

Attachments:

1 ⇩	Environmental Policy - 2nd Generation District Plan Review - District Wide Activities - Natural Hazards - Current Extent of River Hazard Overlay at Esk - Hastings District Plan	ENV-9-11-5-25-14
2 ⇩	Environmental Policy - 2nd Generation District Plan Review - District Wide Activities - Natural Hazards - Current Extent of River Hazard Overlay at Tangoio - Hastings District Plan	ENV-9-11-5-25-15
3 ⇩	Environmental Policy - 2nd Generation District Plan Review - District Wide Activities - Natural Hazards - Esk and Tangoio River Hazard Land Classifications	ENV-9-11-5-25-17

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

Planning controls that seek to avoid areas prone to natural hazards promotes the health and wellbeing of communities in the present and for the future.

Māori Impact Statement - Te Tauākī Kaupapa Māori

Māori land and communities including marae and papakainga are located within the Esk and Tangoio Valleys. Consultation on any changes to the District Plan will include mana whenua and iwi authorities.

Sustainability - Te Toitūtanga

Avoidance of significant risks from natural hazards protects people and property.

Financial considerations - Ngā Whakaarohanga Ahumoni

Consultation and any District Plan Changes will be carried out using existing staff resources. Controlling land use and development in flood prone areas reduces financial risk by reducing the likelihood of needing to repeat the buyout of flood damaged homes.

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 medium/high significance.

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

A consultation plan for the next phase of this project includes consultation with landowners, mana whenua, iwi authorities, Esk Valley and Tangoio communities and the wider Hastings District community. Council Officers will continue to consult with their counterparts at the Hawke’s Bay Regional Council and Napier City Council. Stakeholders will be consulted including; HB Recovery Agency, HB Emergency Management, NZTA, Kiwi Rail, Transpower, Genesis Energy, Contact Energy, Unison Networks, Pan Pac, Rural Community Board, insurance sector, Natural Hazard Commission and relevant Government Ministries. Internally Roading, Parks & Reserves, Three Waters, Community, Consents and Building will be consulted.

Risks

Opportunity:

REWARD – Te Utu

RISK – Te Tūraru

Rural Community Board – Te Poari Tuawhenua-ā-Hapori

The Rural Community Board will be included in the consultation plan.

Te Rā Hui: Meeting date:	Tuesday, 18 February 2025
Te Wā: Time:	1:00 PM
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: Ana Apatu, Marcus Buddo, Alwyn Corban, Malcolm Dixon, Michael Fowler, Damon Harvey, Henry Heke, Kellie Jessup, Tania Kerr (Deputy Mayor), Eileen Lawson, Hana Montaperto-Hendry, Simon Nixon, Wendy Schollum, Heather Te Au-Skipworth 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:	Louise Stettner (Extn 5543)

1.0	Opening Prayer – Karakia 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 Kerr
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 No minutes to be confirmed.
5.0	Mayor's Verbal Update	9
6.0	Petition - Free Parking for Resident Drivers Over 65 in the Hastings Central Business District	11
7.0	Tuia 2025	19
8.0	2025 Youth Council	21
9.0	2025/26 Annual Plan	23
10.0	Splash Planet - Close of 2024/25 Season	29
11.0	Draft Joint Waste Management and Minimisation Plan and Statement of Proposal	35
12.0	Approval of the first Draft Local Alcohol Policy for Special Consultative Procedure	97
13.0	Revocation of Part 10 Speed Limits Bylaw 2012 of the Hastings District Council Bylaws	115
14.0	Hastings District School Speed Limits Plan	119
15.0	River Hazard Modelling for the Esk River and Te Ngarue Stream	127
16.0	Summary of Recommendations of the Rural Halls Subcommittee meeting held Monday 9 December 2024	139
17.0	Summary of Recommendations of the Civic Development Subcommittee Meeting held on 4 February 2025	143
18.0	Appointment to the Hearings Committee	145
19.0	Requests Received Under The Local Government Official Information and Meetings Act 1987 (LGOIMA) Update	147
20.0	Proposed Amendments To Schedule Of Meetings	151
21.0	Minor Items – Ngā Take Iti
22.0	Urgent Items – Ngā Take Whakahihiri
23.0	Recommendation to Exclude the Public from Item 24	153
24.0	East Clive Waste Water Treatment Plant - 'Outfall Pump Station and Land Based Outfall Procurement Plan' Approval

Phaizon Parkes (returning 2^nd Year)	Hastings Boys High
Kingston Reid	Hastings Boys High
Carter Ah Kiong	Hastings Boys High
Hossana Peni	Hastings Girls High
Mennat Quazi	Hastings Girls High
Swarleen Kaur (returning 3^rd year)	Iona College
Bella Bridson (returning 2^nd Year)	Karamū High
Taylor Bevan (returning 2^nd Year)	Karamū High
Ariel Sajan (returning 2^nd year)	Karamū High
Zander Peterson	Karamū High
Maia Matchitt	Te Kura Kaupapa Māori o te Wānanga Whare Tapere o Takitimu
Ihaia Wainohu	Te Kura Kaupapa Māori o te Wānanga Whare Tapere o Takitimu
Kaiariki Hewett	Hukarere Girls College
Savannah Ogborn (returning 2^nd year)	Havelock North High School
Emma Ellis	Havelock North High School
Remy te Aho Taong	Lindisfarne College
Astyn Nelson	Flaxmere College
Scarlet Flanders	Woodford House
Milly Petrie (returning 3^rd year)	Gap year

Item 9 2025/26 Annual Plan
RMA Charges 2025/26	Attachment 1

Item 11 Draft Joint Waste Management and Minimisation Plan and Statement of Proposal
Draft Waste Management and Minimisation Plan (WMMP) 2025 - 2031	Attachment 1

Item 11 Draft Joint Waste Management and Minimisation Plan and Statement of Proposal
Draft Statement of Proposal Joint WMMP 2025 - 2031	Attachment 2

Item 15 River Hazard Modelling for the Esk River and Te Ngarue Stream
Environmental Policy - 2nd Generation District Plan Review - District Wide Activities - Natural Hazards - Current Extent of River Hazard Overlay at Esk - Hastings District Plan	Attachment 1

Item 15 River Hazard Modelling for the Esk River and Te Ngarue Stream
Environmental Policy - 2nd Generation District Plan Review - District Wide Activities - Natural Hazards - Esk and Tangoio River Hazard Land Classifications	Attachment 3

Item 16 Summary of Recommendations of the Rural Halls Subcommittee meeting held Monday 9 December 2024
Rural Halls Map 2024	Attachment 1

Item 19 Requests Received Under The Local Government Official Information and Meetings Act 1987 (LGOIMA) Update
LGOIMA Report for 18 February 2025 Council Meeting	Attachment 1

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

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

RECOMMENDATION TO EXCLUDE THE PUBLIC