Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda

27 November 2018

COUNCIL MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Programme
Hon John Carter QSO	Carter Family Trust
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees.		I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.
				I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.
				I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.
	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties on Weber Place and Allen Bell Drive.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight, Tahuna Road/Allen Bell Drive.
	Foy Farms partnership	Owner and partner in Foy Farms - a farm in three titles on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 6 dwellings on Church Road, Kaingaroa
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
Partner Felicity Foy	Employed by Justaplumber Taipa
Partner Felicity Foy	Friends with some FNDC employees
Dave Hookway	Resident shareholder in Kerikeri Irrigation			Declare if issues arise.
	Shareholder in Farmlands.			Declare if issues arise.
	Employee – Northland District Health Board – Public Health Unit – Health Improvement Advisor		Am employee have no personal gain.	Declare employment should issues concerning the Northland DHB arises.
	On property in Waipapa West Rd.		Possible issues relating to the street or zoning.	Declare when appropriate.
Colin Kitchen	No form received
Tania McInnes	Director – GBT Ventures Ltd	Company not currently operational		Will notify Council if company becomes operational.
	Member of Northland Conservation Board		Conservation matters not aligned with Council policy.	Will notify Council should a perceived conflict arise.
	Trustee – Northland Youth Education Trust		No perceived conflicts	Will notify Council should a perceived conflict arise.
	Founder – Bay of Islands Women’s Nexus	No perceived conflicts. An informal organisation
	Own a section on Seaview Road, Paihia 0200
	Having worked within the organisation in the early 2000’s, I know a number of staff, none of which I am close with.
Mate Radich	No form received
Ann Court	Waipapa Business Association	Member
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	No FNDC Controls
	Kerikeri Irrigation	Supplies my water		No EM intervention in disputes
	Top Energy	Supplies my power		No other interest greater than the publics
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest
	Flowers (I get flowers occasionally)	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Consider all staff my friends	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
		My husband is a builder and may do work for Council staff
Warren Pattinson (Husband)	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Kurbside Rod and Custom Club (unlikely)	President NZ Hot Rod Association	Potential to be linked to a funding applicant and my wife is on the decision making committee.	unlikely to materialise but would absent myself from any process as would Ann.
	Property on Onekura Road, Waipapa	Owner	any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
	Worked with or for Mike Colebrook and Kelvin Goode	Paid employment	N/A	N/A
Sally Macauley	Chairman	Northland District Health Board	Matters pertaining to health issues re Fluoride and freshwater as an example.	Declare a perceived conflict.
	Chairman	Oranga Tamaraki - Ministry of Vulnerable Children- Northland Community Response Forum	Matters pertaining to this ministry	Declare a perceived conflict.
	Judicial Justice of the Peace	Visitations to Ngawha Prison	Matters pertaining to Judicial Issues re Ngawha Prison	Declare a perceived Interest
	The Turner Centre	FNDC Representative	Observer, acknowledging FNDC financial contribution.	Note FNDC partnership
	Trustee	Kaikohe Education Trust	Providing students laptops - possible request for written support to funders	Declare a conflict
	Executive member	Kaikohe Business Association	Matters pertaining to request for written support to funders.
	Chairman	Bay of Islands Arts Festival Trust	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee	Bay of Islands Radio Marine	Issues pertaining to the application of support funds	Declare a conflict of interets
	Secretary/Trustee	Kerkeri International Piano Competition	Issues pertaining to the application of support funds	Declare a conflict of interests
	Trustee/Director	Kaikohe Community and Youth Trust	Possible application of support funding	Declare a conflict of interests
	Commercial	Palmer Macauley Offices- Kerikeri and Kaikohe	Infrastructural matters with FNDC	Declare a conflict
	Private property of which there would not be any conflict.
	Paihia, Kerikeri, Kaikohe
Peter Macauley (Husband)	Senior Partner	Palmer Macauley
	Peter Macualey	Barristers and Solicitors- Kerikeri, Kaikohe and Mangonui	Legal matters with FNDC
	Director/Trustee
	St John NZ Priory Chapter	St John Priory Chapter	Legal matters with FNDC	Declare a conflict
	Senior Partner	Peter Macauley- Palmer Macauley Barristers and Solicitors Kaikohe, Kerikeri AND Mangonui	Legal matters with FNDC	Declare a conflict
	St John NZ	Priory Trust Board	Writing of policies and legal matters as an example	Note Interests
	Lions Club of Kaikohe	Director	Legal matters etc	Note Interests
	Kaikohe Rugby Club	Patron	Legal Matters
	Viking Rugby Club, Whangarei	Life Member	Legal Matters
	Private Property
	Kerkeri, Paihia - no contents.
Dave Hookway	Employed as "Health Promotion Advisor-Alcohol and other Drugs" for Northern District Health Board.	A professional understanding of issues relating to drugs and alcohol.	have made personal and professional submissions on council policies	Consider policies and proposals as presented in a fair and balanced manner.
Dave Hookway	I own my own property at 188b Waipapa West Rd, Waipapa.	Have 3 dogs and 2 cats (and quite a few chickens)	Love my pets.	Consider policies and proposals as presented in a fair and balanced manner.
John Vujcich	Board Member	Ngati Hine Health Trust	Matters pertaining to property or decisions that may impact of their health services	Declare interest and abstain
	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Mike Edmonds	Chair	Kaikohe Mechanical and Historic Trust	Council Funding	Decide at the time
Mike Edmonds	Committee member	Kaikohe Rugby Football and Sports Club	Council Funding	Withdraw and abstain
Adele Gardner	N/A - FNDC Honorarium
	The Far North 20/20 , ICT Trust	Trustee
	Te Ahu Charitable Trust	Trustee
	ST Johns Kaitaia Branch	Trustee/ Committee Member
	I know many FNDC staff members as I was an FNDC staff member from 1994-2008.
Partner of Adele Gardner	N/A as Retired
Terry Greening	Greening Family Trust	Beneficiary		Highly unlikely to interface with FNDC
	Bay of Islands Walking Weekend Trust		Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Russell 2000 Trust (Chairman)			Trust is about to wind up.
	Russell Centennial Trust (ex-officio trustee)	Manages Russell Museum	Seeks funds from council	Step aside from any requests or decisions regarding requests
	Residence at Kaha Place, Russell	Nil	Nil	N/A
Terry Greening (Wife)	Greening Family Trust	Beneficiary	N/A	N/A
Terry Greening (Wife)	Residence at Kaha Place, Russell
Cr Kelly Stratford	Office manager at Kinghans.
	Denture assistant at Kawakawa denture Services self-employed as book keeper Kelly@ksbookkeeoing.net	None	None
	KS Bookkeeping and Administration	Business owner, bookkeeping and development of environment management plans for clients.	None perceived	I’d step aside from decisions that arise, that may have conflicts.
	Kinghans Accounting	Office Administration	None perceived	I’d step aside from decisions that arise, that may have conflicts.
	Waikare Marae Trustees	Trustee	May be perceived conflicts	Case by case basis
	Kawakawa Business & Community Association	Committee member/newsletter editor and printer	None perceived	If there was a perceived conflict, I will step aside from decision making
	Bay of Islands College	Parent elected trustee	None perceived	If there was a perceived conflict, I will step aside from decision making
	Karetu School Bay Cosmos Soccer	Parent elected trustee. Committee member and coach	None perceived	If there was a perceived conflict, I will step aside from decision making
	Property in Waikare and Moerewa			If there was a perceived conflict, I will step aside from decision making
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
Kelly Stratford (Husband)	Puketona Junction Café 39 Gillies Café	Barista & Chef Barista	N/A	N/A
Kelly Stratford (Husband)	Property in Moerewa		N/A	N/A

Ordinary Council Meeting Agenda

27 November 2018

5 Strategic Planning and Policy Group

5.1 Dog Management Policy and Bylaw 2018 Deliberations

File Number: A2268456

Author: Roger Ackers, Manager - Strategy Development

Authoriser: Darrell Sargent, General Manager - Strategic Planning and Policy

Purpose of the Report

To provide advice on the matters raised at the 15 November 2018 deliberations and to continue the process of decision-making for Council’s Dog Management Policy and Bylaw 2018.

Executive Summary

· On 28 June 2018 the Council adopted a new proposed Dog Management Policy and Bylaw 2018 for public consultation.

· An extended submissions period took place from 30 July to 24 September 2018. 1285 submissions were received. Hearings were completed on 30 October 2018.

· Councillors deliberated on seven key topics that came out of the consultation at the formal meeting on 15 November 2018. The report from Administration presented at the deliberations contained the submission results and analysis, key topics and options for consideration. The 15 November deliberations report can be found in Attachment 1.

· This report provides comments on the matters that were raised at the 15 November 2018 deliberations meeting. This report has been structured in a way to seek Council’s direction on a number of specific deliberation topics.

· Following deliberations on 27 November, Administration will make the necessary amendments and present the Dog Management Policy and Bylaw for Council’s consideration and adoption at the Council Meeting on 13 December 2018.

Recommendation

That the Council agree to amend the proposed Dog Management Policy and Bylaw as follows:

Deliberation Topic 1: Off-leash and Exercise Areas

1a) Remove the following from off-leash areas (district wide access rules would apply instead):

Kaikohe – Next to Kaikohe Cemetery (eastern side), 5414 State Highway 12

Kaitaia – 38 Empire Street, (at the end of Empire Street next to Awanui River)

Kerikeri – 391 Wiroa Road (behind crematorium)

1b) Add the following as off-leash areas:

Waitotara Reserve, Kerikeri

Sammaree Place, Kerikeri

1c) And that the Council agree to initiate a future work programme to investigate appropriate off-leash or potential designated dog exercise areas.

Deliberation Topic 2: District-wide access to public places (excludes beaches)

2a) Add a new district-wide access rule that requires Council to consider off-leash and/or dog exercise provisions when developing reserve management plans.

Deliberation Topic 3: Dog access on Beaches

3a) Dogs prohibited all year from beaches identified as Special Character because of their cultural value in Attachment 4.

3b) Dogs prohibited all year from beaches identified as Special Character because of their high conservation value in Attachment 4.

3c) Dogs required to be on-leash between 1 October and 31 March at beaches identified as a shorebird nesting site in Attachment 4.

3d ) Dogs prohibited at beaches identified as popular destinations during the summer date and time range and including all public holidays. Deliberations on the specific date and time ranges are the subject of Deliberation Topic 4.

Deliberation Topic 4: Summer Date and Time Rule for Dog Access on Beaches

4a) Change the summer date and time range to 15 December to 28 February (including public holidays), 10am to 5pm.

Deliberation Topic 5: Limitations on Number of Dogs

5a) Remove the limitation on the number of dogs per premise, and the Dog Control Act and other Bylaw provisions used to achieve the objectives of the Dog Management Policy as outlined.

Deliberation Topic 6: Responsible Dog Ownership

6a) Add a policy statement that Council will promote responsible dog ownership as part of the implementation of the Dog Management Policy and Bylaw.

Deliberation Topic 7: Resourcing Implementation

7a) That Council consider the allocation of budget and the setting of fees to support the implementation of the Policy and Bylaw as part of the annual planning process for 2019/20 and following years.

1) Background

Council adopted a new proposed Dog Management Policy and Bylaw 2018 for public consultation on 28 June 2018. A special consultative procedure took place from 30 July to 24 September 2018 throughout the District to ensure that residents of the Far North district were informed and given the opportunity to provide written and/or verbal feedback. Council received 1285 submissions. The last day of hearings was completed on 30 October 2018 in Kerikeri.

On 15 November 2018 the Council commenced the decision-making process. Administration provided recommendations on seven deliberations topics. The Council requested further information be provided to further consider submissions and Administration’s recommendations.

2) Discussion and Options

Considerations to support decision-making on each deliberation topic

The Dog Control Act 1996 requires Council to adopt a policy on dogs and make any necessary bylaws to give effect to the policy. This means that while the Act requires dogs to be under control, a policy and bylaw is required to determine when and where dogs are prohibited, must be on a leash or can exercise at large.

In adopting a policy, Council must have regard to:

a) the need to minimise danger, distress, and nuisance to the community generally; and

b) the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and

c) the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and

d) the exercise and recreational needs of dogs and their owners.

The same set of key considerations that informed the development of the Proposed Dog Management Policy and Bylaw has been used to assess options for deliberation topics. The set of key considerations are:

· Protect community safety

· Have regard to the exercise and recreational needs of dogs and their owners

· Minimise the risk of injury or distress to stock, poultry, domestic animals and protected wildlife

· A clear and consistent approach for enforcement

· Easy to understand rules.

It is now for the Council to decide on options for the seven deliberations topics, before settling on the final form of the Policy and Bylaw at the 13 December 2018 Council meeting. Administration recommendations remain unchanged from the report that was left to lie on the table at deliberations on 15 November 2018. Further comments from Administration and additional alternative resolutions are provided in this report in response to matters raised in the deliberations discussion to assist with the decisions required of this report.

Administration does not recommend loosening dog access rules from the recommendations of this report. The Dog Control Act requires the policy and bylaw to “avoid the inherent danger in allowing dogs to have uncontrolled access to public places” and to “enable the public to use streets and public amenities without fear of attack or intimidation by dogs” (section 10 of the Dog Control Act).

Administration understands that following adoption of the policy and bylaw, amendments can be made to the policy schedules by way of a Special Consultative Procedure.

Deliberation Topic 1: Off-leash and exercise areas

Off-leash and designated exercise areas were debated at the meeting on 15 November 2018. For clarity ‘off leash areas’ are shared spaces considered suitable for dogs to be exercised off-leash and under control. ‘Designated dog exercise areas’ are public places where the exercise of dogs is prioritised over other uses of the area.

Table 1 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised

Table 1: Deliberation comments and Administration’s assessment– Off-leash and designated exercise areas

Deliberation comment	Administration’s Assessment
Community Boards to identify additional suitable off-leash / exercise areas.	Administration supports this approach to identify further designated dog exercise areas beyond what was suggested via submissions. Further off-leash and designated exercise areas can be added to the policy schedule through a Special Consultative Procedure and Council resolution.
Opua-Paihia coastal walkway should be off-leash.	Administration does not recommend this approach because the coastal walkway is a popular shared space, close to conservation land, culturally sensitive areas and private property. For this reason, Administration recommends to retain the proposal as on-leash.
Kerikeri Domain should be off-leash before 9am and after 5pm.	Administration does not recommend this approach because this is a popular shared space, particularly as a thoroughfare for school children before 9am. This area would not be suitable as an off-leash area, however, it may be suitable to be developed to include a designated dog exercise area. This is subject to the Kerikeri Domain Reserve Management Plan process so that interested stakeholders are considered and consulted. Recommendation 2a of this report is to add a new district-wide access rule that requires Council to consider off-leash and/or dog exercise provisions when developing reserve management plans.
Waipapa Domain should be considered as an off-leash area.	Administration does not recommend this approach because the Waipapa Domain is used primarily for sporting purposes. Recommendation 1b) of this report is to include Waitotara Reserve as an off-leash area, which is an alternative to Waipapa Domain and is nearby.
Old landfill at Lindvart Park and Monument Hill in Kaikohe should be considered as off-leash areas.	Administration recommends amending the proposed policy to identify the old landfill area at Lindvart Park, Kaikohe as an off-leash area. This is subject to the Lindvart Park Reserve Management Plan process so that interested stakeholders are considered and consulted. Administration does not recommend making Monument Hill/Hone Heke Memorial Park, Kaikohe, off-leash as this is a site of cultural significance. Administration recommends consulting with iwi/hapu regarding any change of use for this area.
Section of playground off Matthews Ave, Kaitaia is currently unsuitable as an off-leash area, but it could be suitable if the children’s playground was fenced off.	Administration noted that it was unclear if the submitter was referring to Jaycee Park or the park at the end of Davis Street. Both areas have been analysed by Administration and been found to be unsuitable as off-leash because the playground areas are not fenced. Administration supports the approach to fence children’s playgrounds, and if so, both areas may be suitable as off-leash areas for dogs. Administration recommends further investigation by the Community Board.

Deliberation Topic 2: District-wide access to public places (except beaches)

The district-wide rules are often referred to as default rules. The purpose of the proposed district-wide access rules is to ensure the safety of the public and to reduce the risk of dog-related harm, while also providing for the wellbeing and recreational needs of dogs and their owners.

Table 2 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised

Table 2: Deliberation comments and Administration’s assessment - District-wide access to public places (except beaches)

Deliberation comment	Administration’s Assessment
Prefer off-leash on sportsgrounds unless it’s being used for sporting purposes.	Administration recommends an on-leash district-wide rule and to identify appropriate sportsgrounds for off-leash dog access through a future work programme. This is to ensure Council meets its obligations under the Dog Control Act. Many sportsgrounds in the district are not owned by FNDC and sporting organisations should be consulted through a Special Consultative Procedure.
Prefer off-leash on reserves where dogs are the only ones using the space.	Administration recommends an on-leash district-wide rule and to identify appropriate reserves for off-leash dog access through a future work programme. Many reserves are controlled by the Department of Conservation who determine the relevant dog access rules (see Attachment 2). Recommendation 2a) of this report is to add a new district-wide rule that requires Council to consider off-leash and/or dog exercise when developing reserve management plans.
Dog access prohibited along sections of Pou Herenga Tai – Twin Coast Cycle Trail where the trail crosses private property.	Administration recommends that the policy should be amended to prohibit dogs on the cycle trail along two sections between Moerewa to Kaikohe and the entire trail between Okaihau and Horeke. All sections of private property and easements must be prohibited to dogs as many of these sections are working farms. Maps showing these sections are included in Attachment 3. Administration recommends all other sections of the Pou Herenga Tai – Twin Coast Cycle remain as on-leash as required by clause 6.12 of the Pou Herenga Tai – Twin Coast Cycle Trail Bylaw.
Agree that footpaths should be on leash.	Administration agrees with the Councillors comments. Footpaths are shared spaces with high density use that warrants dogs being on-leash.
Off-leash access at Kawakawa Domain	Administration understands that Kawakawa Domain Recreation Reserve is owned by the Department of Conservation. Department of Conservation dog access rules apply. The Department of Conservation access rule for this area is open access for dogs (Attachment 2).

Deliberation Topic 3: Dog access on beaches

Community feedback from the consultation showed that views regarding dogs on beaches were polarised with strong views expressed for both on-leash and off-leash access.

To assist with deliberations, Administration has provided further information on the proposed framework applied to individual beaches included in the draft policy and bylaw and through submissions. This can be seen in Attachment 4 to this report which contains a list of beaches that are identified for each part of the framework.

District-wide default rules for beaches – Administration recommends off-leash and under control all year unless specified elsewhere in the policy. This is the “default” of the Dog Control Act 1996. Council can further control and restrict dog access in public spaces through the policy/ bylaw.

Special Character – Cultural Value - These beaches have been identified as having cultural value to iwi and or hapu. Administration recommends that dogs be prohibited from these areas at all times. This rule enables iwi and hapū to manage impacts on Māori customary values and practices, while assisting in the exercise of guardianship / stewardship in accordance with tikanga Māori.

Special Character – High Conservation Value - These beaches have been identified as high conservation value through the Department of Conservation’s 2018 submission. Administration recommends that dogs are prohibited from these areas at all times.

New: Shorebird nesting season 1 October to 31 March - These beaches have been identified as having nesting or breeding sites for protected shorebirds through 2018 public submissions. Administration recommends that dogs remain on-leash within these areas at all times between 1 October and 31 March. However, where the area has also been identified as ‘High Conservation Value’ by Department of Conservation, the prohibited rule would take precedence.

Popular beaches summer day-time, including all public holidays - These beaches have been identified as being popular or busy in the summer period through 2018 public submissions. Administration recommends that dogs remain on-leash within these areas between the summer date and time period defined in deliberation topic 4.

Table 3 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised.

Table 3: Deliberation comments and Administration’s assessment – Dog access on beaches

Deliberation comment	Administration’s Assessment
Agree with district-wide default rule as off-leash.	Administration agrees with these comments on the basis that without evidence there is no need to restrict dog access on beaches as the default district wide rule
Support for prohibited access in beach areas of cultural value	Administration recommends protecting the characteristics of the coastal environment that have special value to iwi and hapū including kai moana (particularly shell fish), wāhi tapu, tauranga waka, mahinga mātaitai and other taonga (including indigenous wildlife). Protection enables iwi and hapū to manage impacts on Māori customary values and practices whilst assisting in the exercise of guardianship / stewardship in accordance with tikanga Māori.
Prefer on-leash access in beach areas of high conservation value	Administration does not agree with this approach because of the vulnerability of threatened bird species like dotterel nesting and breeding areas when dogs are present. Administration recommends retaining the proposal of dogs prohibited at beaches identified as Special Character because of their high conservation value. Where an area has been identified as both ‘High Conservation Value’ and a shore bird nesting site, the proposed Special Character prohibited rule would take precedence.
The draft Far North District Plan should be considered for protecting areas of cultural value and high conservation value.	The Draft District Plan 2018 outlines direction for how land use and subdivision may take place in the future. The objectives, policies and rule directions are designed to ensure we are aligned with our statutory responsibilities and consider the views of our communities. Though the Operative District Plan and the Draft District Plan do contain provisions for the protection of indigenous biodiversity and areas of significance to Māori, they do not directly regulate the access of dogs in public spaces.
Prefer parts rather than the whole of Te Haumi Beach be prohibited to dogs to protect the pipi beds, and to allow access to Sullivans Beach.	Administration recommends retaining the proposed restriction at Te Haumi to protect the kai moana pipi beds where shellfish is collected by Ngati Manu, because this was requested as part of the 2016 submissions process. Administration understands that Sullivans Beach can be accessed from the grassy area adjacent to Te Haumi Beach, and that part of Sullivans Beach is privately owned where private property rights apply.
Agree with the recommendation of on-leash during shorebird nesting season because it would be unreasonable to ban dogs during this time. Signage is required for this.	Administration agrees with this approach because of the vulnerability of threatened bird species like dotterel nesting and breeding areas when dogs are present. Where an area has been identified as both ‘High Conservation Value’ and a shore bird nesting site, the proposed Special Character prohibited rule would take precedence. Administration agrees that signage will be required for education and enforcement. Signage will be considered as part of the implementation plan once the policy and bylaw is adopted.
Prefer on-leash rule for popular beaches during summer day-time, not prohibited.	Administration does not agree with this approach, and uphold the recommendation of dogs prohibited during the shortened summer date and time range. This is to reduce the risk of dog-related harm, as Council is required to do under the Dog Control Act, especially beaches frequented by children.

Deliberation Topic 4: Summer date and time rules for dog access on beaches

Table 4 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised

Table 4: Deliberation comments and Administration’s assessment – Summer date and time rule for dog access on beaches

Deliberation comment

Administration’s Assessment

Prefer date range of 15 December to 31 January, including public holidays, not 15 December to 28 February.

Administration recommends that dogs remain restricted on popular beaches during the day from 15 December to 28 February, and all public holidays.

Administration recognises that in February the district’s coastal areas can still be busier than normal due to warmer weather.

Agree with time range of 10am to 5pm.

Administration considers this time range as reasonable for both dog owners and people who use popular public beaches during the busy summer period.

Deliberation topic 5: Limitations on number of dogs

Table 5 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised.

Table 5: Deliberation comments and Administration’s assessment - Limitations on number of dogs

Deliberation comment	Administration’s Assessment
General consensus was to remove the number limit and rely on the Dog Control Act and general provisions in the bylaw.	Administration considers that Clause 14 of the proposed bylaw already provides the Council with powers to reduce the number of dogs on a property if they are causing a nuisance, disturbance or injury to health. The Dog Control Act already regulates the confinement of dogs on private property, barking and rushing at wildlife.

Deliberation topic 6: Responsible dog ownership

Table 6 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised.

Table 6: Deliberation comments and Administration’s assessment - Responsible dog ownership

Deliberation comment	Administration’s Assessment
Council provided clear direction on including policy statements to support responsible dog ownership. This will include education programmes.	Administration support this position in that Council needs to support responsible dog ownership

Deliberation topic 7: Resourcing implementation

Table 7 below outlines the comments raised by Council members during deliberations on 15 November 2018 and Administration’s assessment of each comment raised

Table 7: Deliberation comments and Administration’s assessment - Resourcing implementation

Deliberation comment

Administration’s Assessment

Council provided clear direction on committing resources to implement the policy and bylaw subject to the annual planning process for the setting of rates and fees.

Administration supports the commitment to investment in the implementation of the policy bylaw once adopted by Council. This includes planning out the long term implementation through the Annual Planning and Long Term Plan processes.

Additional Deliberation Topic: Additional Special Character Area

Waitangi Estate Lands

· Te Puke Ki Waitangi Taonga Kaitiaki Trust (submission DMC18/1219) requested that Council note within the Dog Management Policy that all Waitangi Estate Lands be listed as prohibited to dogs at all times.

· Through this submission Council were advised that The Waitangi Estate Lands is under a separate Act of Parliament (Waitangi National Trust Board Act 1932) which prohibits dogs from the Haruru Falls Bridge to the Waitangi Bridge.

Administration agrees with this request and recommends including the Waitangi Estate Lands, roughly from the Haruru Falls Bridge to the Waitangi Bridge as prohibited to dogs at all times. This can be listed in the Special Character rules.

Reason for the recommendation

To provide advice on matters raised at the 15 November 2018 deliberations and to continue the process of decision-making for Council’s Dog Management Policy and Bylaw 2018

3) Financial Implications and Budgetary Provision

Decision-making on the policy and bylaw may have financial implications. Once the Policy and Bylaw are adopted the budget implications for implementing the Policy and Bylaw will be decided as part of the Annual Plan and Long Term Plan processes.

Attachments

1. 2018-11-27 Attachment 1_15 November Deliberations Report - A2269263 ⇩

2. 2018-11-27 Attachment 2_ DOC Access Schedules - A2269066 ⇩

3. 2018-11-27 Attachment 3_Cycle Trail Maps - A2269065 ⇩

4. 2018-11-27 Attachment 4_Proposed rules for beaches - A2269064 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This issue is of high significance and has a high level of community interest as evidenced by the number of submissions received, media (including social) comment and lobbying by interest groups.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Dog Control Act 1996 Local Government Act 2002 Resource Management Act 1991 Our mission Creating great places, supporting our people Our values - tikanga Kaitiakitanga: Environmental stewardship and sustainability Mana tangata: Respect and fairness Te Tiriti o Waitangi: Partnership Tumanako - our expectations Oranga taiao, oranga tangata: Nurturing the environment so it nourishes us Mana i te whenua: The role of tangata whenua is valued and respected Te ira tangata: Rich heritage and diversity respected and celebrated Tangata whai ora: Happy, healthy, safe and purposeful people
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This proposal has a District wide relevance. Community boards have been consulted on previous proposals, and Community Board Chairs provided their views at a Council workshop prior to consultation.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Specific cultural considerations have included: - protection of kai moana (particularly shell fish); - protection of taonga (indigenous wildlife).
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Given that this issue has district-wide relevance, a print, digital and radio media campaign was undertaken to raise awareness of the opportunity for submissions on the proposal, and the submissions period was open for eight weeks. A Special Consultative Procedure in accordance with section 83 of the Local Government Act 2002 was undertaken. Submissions analysis results have been taken into account in the preparation of staff recommendations.
State the financial implications and where budgetary provisions have been made to support this decision.	There may be additional costs associated with the decisions of this report. Financial implications will be considered within the Annual Plan process.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Ordinary Council Meeting Agenda

27 November 2018

Attachment 2 Dog Control Act 1996 s 10(5)(a)(i)

Department of Conservation Controlled and Open Dog Areas

The Dog Control Act 1996 requires Council to identify any land within the Far North district that is included in a controlled dog area or open dog area, under section 26ZS of the Conservation Act 1987.

This information has been identified through the New Zealand Gazette. The notice was published on 20 December 2004, issue number 169, page 4225. Amendments were made to some areas on 20 October 2016, issue number 95.

There are four different dog access rules applicable. These are:

• Controlled Dog Areas: No Access

These areas are prohibited to dogs at all times.

• Controlled Dog Areas: Entry by Permit for Management and/or Recreational Hunting Subject to Conditions:

(a) the number of hunting dogs is limited to three per hunter.

(b) all farm dogs must at all times be under the supervision of their owner or other responsible person.

• Open Dog Areas: Lead Subject to Conditions:

(a) all dogs shall be kept on a lead not exceeding three linear metres.

(b) faeces to be removed.

• Open Dog Areas: Free Subject to Condition:

(a) at all times dogs must be under control by voice command.

Department of Conservation area	Dog Access Rule	Reference
Ahipara Conservation Area	Controlled Permit	N05001
Ahipara Gumfields Historic Reserve	Controlled Permit	N05002
Ahipara Recreation Reserve	Controlled Permit	N04010
Ahutoatoa Conservation Area	Controlled Permit	O05051
Akatārere Historic Reserve	Controlled Permit	P04001
Akeake Historic Reserve	Controlled No Access	P05032
Aputerewa Scenic Reserve	Controlled Permit	O04029
Arai-Te-Uru Marginal Strip	Controlled Permit	O06044
Arai-Te-Uru Recreation Reserve	Controlled Permit	O06007
Arai-Te-Uru Recreation Reserve Addition	Controlled Permit	O06054
Aratoro Conservation Area	Controlled Permit	P05006
Awanui River Local Purpose Esplanade Reserve	Open Lead	O04037
Awanui River Marginal Strip No 1	Controlled Permit	O04050
Awanui River Marginal Strip No 2	Controlled Permit	O04051
Awanui River Marginal Strip No 3	Controlled Permit	O04052
Awanui River Marginal Strip No 4	Controlled Permit	O04057
Awanui River Marginal Strip No 5	Controlled Permit	O04061
Awanui River Marginal Strip No 6	Controlled Permit	O04062
Awanui River Marginal Strip No 7	Controlled Permit	O04063
Awanui River Marginal Strip No 8	Controlled Permit	O04064
Awaroa River Marginal Strip	Controlled Permit	O05059
Balast Point Conservation Area	Controlled No Access	Q05043
Black Rocks Scenic Reserve	Controlled No Access	Q05002
Blacksmiths Bay Conservation Area	Controlled No Access	P05030
Broadview Conservation Area	Controlled Permit	Q05039
Broadwood Marginal Strip	Controlled Permit	O05060
Broadwood Scenic Reserve	Controlled Permit	O05012
Bulrush Lake Conservation Area	Controlled Permit	N03005
Bulrush Lake Marginal Strip	Controlled Permit	N03018
Cable Bay Historic Reserve	Controlled Permit	O04038
Cape View Conservation Area	Controlled Permit	N03015
Deep Water Cove Scenic Reserve	Controlled No Access	Q05013
East Beach Conservation Area	Controlled Permit	N03013
Flagstaff Hill Historic Reserve	Controlled Permit	Q05019
Flagstaff Hill Recreation Reserve	Controlled Permit	Q05100
Frampton Scenic Reserve	Controlled Permit	O06055
Gill Road Scenic Reserve	Controlled Permit	O04039
Harata Historic Reserve	Controlled No Access	Q05065
Harrison Scenic Reserve	Controlled Permit	Q05038
Hauparua Inlet Recreation Reserve	Open Lead	P05074
Headquarters Road Marginal Strip	Controlled Permit	N04028
Herekino Forest (Pt Northland Conservation Park)	Controlled Permit	O05001
Herekino Forest Addition Conservation Area	Controlled Permit	O05054
Herekino River Marginal Strip	Controlled Permit	N05005
Hikurua Conservation Area	Controlled Permit	P04017
Hilel Korman Scenic Reserve	Controlled Permit	P06038
Hokianga Harbour Marginal Strip No 1	Controlled Permit	O05081
Hokianga Harbour Marginal Strip No 2	Controlled Permit	O05082
Hokianga Harbour Marginal Strip No 3	Controlled Permit	O05083
Hokianga Harbour Marginal Strip No 4	Controlled Permit	O05084
Hokianga Harbour Marginal Strip No 5	Controlled Permit	O06040
Hongi Hika Recreation Reserve	Open Lead	P05060
Horeke Conservation Area	Open Lead	P05008
Horotutu Scenic Reserve	Controlled Permit	P05038
Hukerenui Forest (Pt Northland Conservation Park)	Controlled Permit	Q06001
Kaeo Bush Scenic Reserve	Controlled Permit	P04013
Kahikatoa Conservation Area	Controlled Permit	O05031
Kahuwhera Pa Historic Reserve	Controlled No Access	Q05030
Kaiaka Quarry Scenic Reserve	Controlled Permit	O04043
Kaikohe Scenic Reserve	Controlled Permit	P05013
Kaimarama Bay Scenic Reserve	Controlled Permit	Q05011
Kaimaumau Scientific Reserve	Controlled Permit	N03014
Kaipatiki Creek Conservation Area	Controlled Permit	P05062
Kaitaia Marginal Strip No 1	Controlled Permit	O04060
Kaitaia Scenic Reserve	Controlled Permit	O04023
Kapiro Scenic Reserve	Open Lead	P05073
Karakamatamata Scenic Reserve	Controlled Permit	P06001
Karetu Conservation Area	Controlled Permit	Q05044
Karikari Conservation Area	Controlled Permit	O03003
Karuhiruhi Creek Conservation Area	Controlled Permit	O05034
Karuhiruhi Creek Marginal Strip No 1	Controlled Permit	O05079
Karuhiruhi Creek Marginal Strip No 2	Controlled Permit	O05080
Katavitch Road Marginal Strip	Controlled Permit	N04024
Kauka Point Marginal Strip	Controlled Permit	O04076
Kawakawa Conservation Area	Open Lead	P05041
Kawakawa Domain Recreation Reserve	Open Free	P05042
Kawerua Conservation Area	Controlled Permit	O06025
Kawerua Marginal Strip No 1	Controlled Permit	O06050
Kawerua Marginal Strip No 2	Controlled Permit	O06051
Kawerua Marginal Strip No 3	Controlled Permit	O06052
Kerikeri (Scout Hall) Local Purpose Reserve	Open Lead	P05063
Kerikeri Basin Recreation Reserve	Controlled No Access	P05024
Kerikeri Government Purpose Reserve	Open Lead	P05027
Kerikeri Inlet Scenic Reserve	Controlled No Access	P05026
Kerikeri Local Purpose (Pre-School) Reserve	Open Lead	P05064
Kerikeri Local Purpose Esplanade Reserve	Controlled No Access	P05065
Kerikeri River Scenic Reserve	Controlled No Access	P05020
Kerikeri Wharf Historic Reserve	Controlled No Access	P05066
Kohukohu Historic Reserve	Controlled Permit	O05029
Kokohuia Conservation Area	Controlled Permit	O06006
Kororareka Crown Land	Controlled Permit	Q05021
Kororareka Point (Addition)Scenic Reserve	Controlled Permit	Q05104
Kororareka Point Scenic Reserve	Controlled Permit	Q05020
Kororipo Pa Historic Reserve	Controlled No Access	P05025
Koutu Point Recreation Reserve	Controlled Permit	O06003
Kukuparere Scenic Reserve	Controlled Permit	P04015
L T Hirst Scenic Reserve	Open Lead	Q05063
Lake Ngakapua Marginal Strip	Controlled Permit	N04027
Lake Ngatu Recreation Reserve	Open Lead	N04006
Lake Ohia Conservation Area	Controlled Permit	O04004
Lake Ohia Marginal Strip	Controlled Permit	O04045
Lake Omapere Conservation Area	Controlled Permit	P05011
Lake Rotokawau Marginal Strip	Controlled Permit	N04026
Lake Taeore Wildlife Management Reserve	Controlled Permit	N03002
Lake Waiparaheka Scientific Reserve	Controlled No Access	P05015
Lake Waiparera Marginal Strip	Controlled Permit	N04023
Lake Waiporohita Scenic Reserve	Controlled Permit	O04035
Mahinepua Local Purpose (Esplanade) Reserve	Open Lead	P04030
Mahinepua Peninsula Scenic Reserve	Controlled No Access	P04005
Maitai Bay Recreation Reserve	Controlled No Access	O03001
Man O War Conservation Area	Controlled No Access	Q05033
Managamuka River Marginal Strip No 5	Controlled Permit	O05072
Manawahuna Scenic Reserve	Controlled No Access	Q05014
Mangamuka Gorge Scenic Reserve	Controlled Permit	O05003
Mangamuka River Conservation Area	Controlled Permit	O05016
Mangamuka River Marginal Strip No 1	Controlled Permit	O05065
Mangamuka River Marginal Strip No 2	Controlled Permit	O05067
Mangamuka River Marginal Strip No 3	Controlled Permit	O05068
Mangamuka River Marginal Strip No 4	Controlled Permit	O05069
Mangataipa Scenic Reserve	Controlled Permit	O05015
Mangatete Conservation Area	Controlled Permit	O04005
Mangatete Farm Settlement Scenic Reserve	Controlled Permit	O04008
Mangatete River Marginal Strip	Controlled Permit	O04077
Manginangina Scenic Reserve	Controlled Permit	P05002
Mangonui Conservation Area	Open Lead	O04013
Mangonui Court House Historic Reserve	Controlled No Access	O04024
Mangonui Domain Recreation Reserve	Open Lead	O04012
Mangonui Recreation Reserve	Open Lead	O04044
Mangonuiowae Conservation Area	Controlled Permit	O05019
Mangonuiowae Government Purpose Wildlife Management Reserve	Controlled Permit	O05045
Mangonuiowae Stream Marginal Strip No 1	Controlled Permit	O05061
Mangonuiowae Stream Marginal Strip No 2	Controlled Permit	O05062
Mangonuiowae Stream Marginal Strip No 3	Controlled Permit	O05063
Mansbridge Conservation Area	Controlled Permit	O05014
Mansbridge Scenic Reserve	Controlled Permit	O05013
Marginal Strip - Blacksmiths Bay	Controlled Permit	P05092
Marginal Strip - Cape Wiwiki	Controlled Permit	Q04001
Marginal Strip - Collins Creek	Controlled Permit	O03006
Marginal Strip - Doves Bay	Controlled Permit	P05091
Marginal Strip - Haumi River	Controlled Permit	Q05088
Marginal Strip - Hikurua River	Controlled Permit	P04043
Marginal Strip - Huehue Stream	Controlled Permit	P06023
Marginal Strip - Huehue Stream	Controlled Permit	P06032
Marginal Strip - Kaeo River	Controlled Permit	P04040
Marginal Strip - Karetu River	Controlled Permit	Q05074
Marginal Strip - Karetu River	Controlled Permit	Q05096
Marginal Strip - Kaurinui Creek	Controlled Permit	Q05082
Marginal Strip - Kawakawa River	Controlled Permit	Q05073
Marginal Strip - Kawakawa River	Controlled Permit	Q05075
Marginal Strip - Kawakawa River	Controlled Permit	Q05076
Marginal Strip - Kawakawa River	Controlled Permit	Q05077
Marginal Strip - Kawakawa River	Controlled Permit	Q05080
Marginal Strip - Kawakawa River	Controlled Permit	Q05081
Marginal Strip - Kawakawa River	Controlled Permit	P05102
Marginal Strip - Kerikeri Inlet	Controlled Permit	P05093
Marginal Strip - Kerikeri River	Controlled Permit	P05081
Marginal Strip - Kerikeri River	Controlled Permit	P05082
Marginal Strip - Kingfish Point	Controlled Permit	P04042
Marginal Strip - Kororareka Point	Controlled Permit	Q05089
Marginal Strip - Kororareka Point	Controlled Permit	Q05090
Marginal Strip - Kororareka Point	Controlled Permit	Q05091
Marginal Strip - Lake Omapere	Controlled Permit	P05104
Marginal Strip - Lake Rotokawau	Controlled Permit	O03005
Marginal Strip - Mangakahia River	Controlled Permit	P06031
Marginal Strip - Mangakahia River	Controlled Permit	P06037
Marginal Strip - Mangakohou Stream	Controlled Permit	P05088
Marginal Strip - Mangatoa Stream	Controlled Permit	P05077
Marginal Strip - Matene Road	Controlled Permit	P06024
Marginal Strip - Mohitonui Stream	Controlled Permit	P05078
Marginal Strip - Motutangi Stream	Controlled Permit	N03020
Marginal Strip - Motutoa Creek	Controlled Permit	O06039
Marginal Strip - Okura River	Controlled Permit	P05095
Marginal Strip - Okura River	Controlled Permit	P05094
Marginal Strip - Opete Creek	Controlled Permit	P04048
Marginal Strip - Otuhi	Controlled Permit	P06022
Marginal Strip - Oue	Controlled Permit	O06041
Marginal Strip - Pakeretu Stream	Controlled Permit	P05076
Marginal Strip - Poukoura Inlet	Controlled Permit	P04047
Marginal Strip - Puketotara Stream	Controlled Permit	P05084
Marginal Strip - Puketotara Stream	Controlled Permit	P05106
Marginal Strip - Pupuke River	Controlled Permit	P04034
Marginal Strip - Purerua Peninsula	Controlled Permit	P04049
Marginal Strip - Purerua Peninsula	Controlled Permit	P04050
Marginal Strip - Puwheke Beach	Controlled Permit	O03004
Marginal Strip - Rakauwahi Stream	Controlled Permit	P05079
Marginal Strip - Rakauwahia Road	Controlled Permit	P06034
Marginal Strip - Rangihoua Bay	Controlled Permit	Q05071
Marginal Strip - Rangitane River	Controlled Permit	P05085
Marginal Strip - Rataroa Creek	Controlled Permit	P04036
Marginal Strip - Takou River	Controlled Permit	P04051
Marginal Strip - Takou River	Controlled Permit	P04044
Marginal Strip - Te Puna Inlet	Controlled Permit	P04052
Marginal Strip - Te Puna Inlet	Controlled Permit	P05089
Marginal Strip - Te Puna Inlet	Controlled Permit	P05090
Marginal Strip - Te Puna Inlet	Controlled Permit	P04046
Marginal Strip - Te Tahunaakura Stream	Controlled Permit	P06033
Marginal Strip - Te Tahunaakura Stream	Controlled Permit	P05105
Marginal Strip - Tirohanga Stream	Controlled Permit	Q05093
Marginal Strip - Tirohanga Stream	Controlled Permit	Q05094
Marginal Strip - Tirohanga Stream	Controlled Permit	Q05095
Marginal Strip - Waiaruhe River	Controlled Permit	P05100
Marginal Strip - Waiharakeke Stream	Controlled Permit	P05097
Marginal Strip - Waiharakeke Stream	Controlled Permit	P05101
Marginal Strip - Waihihi Bay	Controlled Permit	Q05092
Marginal Strip - Waihoanga Creek	Controlled Permit	P05080
Marginal Strip - Waikaraka Stream	Controlled Permit	P05075
Marginal Strip - Waikare Inlet	Controlled Permit	Q05085
Marginal Strip - Waikare Inlet	Controlled Permit	Q05086
Marginal Strip - Waikare Inlet	Controlled Permit	Q05087
Marginal Strip - Waikino Creek	Controlled Permit	Q05083
Marginal Strip - Waikino Creek	Controlled Permit	Q05084
Marginal Strip - Waikoura Creek	Controlled Permit	P04039
Marginal Strip - Waiomio Stream	Controlled Permit	P05103
Marginal Strip - Waionepu Stream	Controlled Permit	P04045
Marginal Strip - Waipapa Stream	Controlled Permit	P05087
Marginal Strip - Waipapa Stream	Controlled Permit	P05086
Marginal Strip - Waipapakauri Stream	Controlled Permit	P05096
Marginal Strip - Waipekakoura River	Controlled Permit	P05083
Marginal Strip - Wairakau Stream	Controlled Permit	P04041
Marginal Strip - Waitangi River	Controlled Permit	P05098
Marginal Strip - Waitangi River	Controlled Permit	P05099
Marginal Strip - Waitapu Bay	Controlled Permit	P04038
Marginal Strip - Whale Bay	Controlled Permit	Q05072
Marginal Strip - Whangae River	Controlled Permit	Q05078
Marginal Strip - Whangae River	Controlled Permit	Q05079
Marginal Strip - Whangaroa Harbour	Controlled Permit	P04035
Marginal Strip - Whangaroa Harbour	Controlled Permit	P04037
Marginal Strip - Whangatupere Bay	Controlled No Access	O03007
Marko Buselich Scenic Reserve	Controlled Permit	O05091
Marsden Cross Historic Reserve	Controlled No Access	Q05001
Mataraua Forest (Pt Northland Conservation Park)	Controlled Permit	O06016
Mataraua Valley Scenic Reserve	Controlled Permit	P06003
Matauwhi Bay Government Purpose Reserve	Open Lead	Q05070
Matauwhi Bay Recreation Reserve	Open Lead	Q05026
Maungakawakawa Conservation Area	Controlled Permit	P06017
Maungataniwha Forest (Pt Northland Conservation Park)	Controlled Permit	O04026
Maungatoa Conservation Area	Controlled Permit	P05010
Mill Bay Conservation Area	Open Lead	O04081
Mitimiti Conservation Area	Controlled Permit	O05053
Mokaikai Scenic Reserve	Controlled Permit	N02004
Motuarahi Scenic Reserve	Controlled No Access	Q05036
Motuarohia Island Recreation Reserve	Controlled No Access	Q05003
Motukaraka Scenic Reserve	Controlled Permit	O05024
Motukawanui Island Scenic Reserve	Controlled No Access	P04006
Motumaire Historic Reserve	Controlled No Access	Q05034
Motuopao Island Nature Reserve	Controlled No Access	M02001
Motupapa Island Scenic Reserve	Controlled No Access	P05044
Moturua Island Scenic Reserve	Controlled No Access	Q05004
Moturuna Creek Conservation Area	Controlled Permit	O05030
Moturuna Creek Marginal Strip	Controlled Permit	O05070
Motutangi Scenic Reserve	Controlled Permit	N03012
Motutapu Island Scenic Reserve	Controlled No Access	P05031
Motutokape Island Conservation Area	Controlled No Access	Q05042
Muiata Pa Historic Reserve	Controlled Permit	N03011
Nelson Road Conservation Area	Controlled Permit	Q05052
Nga Kiekie Whawhanui a Uenuku Scenic Reserve	Controlled Permit	P06004
Ngaiotonga Scenic Reserve	Controlled Permit	Q05049
Ngatahuna Stream Marginal Strip	Controlled Permit	O06043
Ngataki Stream Marginal Strip	Controlled Permit	N03019
Ngawha Conservation Area	Controlled No Access	P05016
Ngawha Scenic Reserve	Controlled No Access	P05109
Nihonui Scenic Reserve	Controlled Permit	P05037
Ninety Mile Beach Marginal Strip	Controlled Permit	N04022
North Cape Scientific Reserve	Controlled No Access	N02003
Ohiri Creek Marginal Strip	Controlled Permit	O06042
Okahu Island Scenic Reserve	Controlled No Access	Q05006
Oke Bay Scenic Reserve	Controlled Permit	Q05012
Okiato Point Historic Reserve	Open Lead	Q05064
Okohine Conservation Area	Controlled Permit	N04002
Okohine Stream Marginal Strip	Controlled Permit	N04025
Okoroaiki Racecourse Marginal Strip	Controlled Permit	O04055
Okuratope Pa Historic Reserve	Controlled No Access	P05017
Omahuta Forest (Addition) Conservation Area	Controlled Permit	P05069
Omahuta Forest (Pt Northland Conservation Park)	Controlled Permit	O05004
Omahuta Forest Addition No1.Conservation Area	Controlled Permit	O05046
Omahuta Forest Scenic Reserve No 2	Controlled Permit	O04079
Omanaia Conservation Area	Open Lead	O05037
Omanaia River Marginal Strip	Controlled Permit	O05090
Omatai Conservation Area	Controlled Permit	O04019
Omatai Government Purpose Wildlife Management Reserve	Controlled Permit	O04041
Opua Forest (Pt Northland Conservation Park)	Controlled Permit	P05039
Opua Scenic Reserve	Controlled Permit	Q05041
Oraora Scenic Reserve	Controlled Permit	O06057
Orira River Marginal Strip	Controlled Permit	O05073
Orowhana Conservation Area	Controlled Permit	O05008
Orowhana Quarry Conservation Area	Controlled Permit	O05007
Oruaiti Stream Marginal Strip No 1	Controlled Permit	O04071
Oruaiti Stream Marginal Strip No 2	Controlled Permit	O04073
Oruru River Conservation Area	Controlled Permit	O04011
Oruru River Marginal Strip	Controlled Permit	O04067
Otanenui Marginal Strip	Controlled Permit	O04069
Otaneroa Scenic Reserve	Controlled Permit	O05009
Otangaroa Conservation Area	Controlled Permit	O04020
Otangaroa Stream Marginal Strip	Controlled Permit	O05058
Otaua Conservation Area	Open Lead	P06018
Otehei Bay Recreation Reserve	Controlled No Access	Q05009
Oue Creek Conservation Area	Controlled Permit	O05035
Oyster Point Conservation Area	Open Lead	O04015
Paewhenua Island Marginal Strip	Controlled Permit	O04070
Paikauri Conservation Area	Controlled Permit	O04017
Pairatahi Gum Historic Reserve	Controlled Permit	O04042
Pairatahi River Marginal Strip	Controlled Permit	O04048
Pakanae Scenic Reserve	Controlled Permit	O06034
Pakaraka Kauri Scenic Reserve	Controlled No Access	P05061
Paponga Conservation Area	Controlled Permit	O05023
Paponga Scenic Reserve	Controlled Permit	O05020
Paranui River Marginal Strip	Controlled Permit	O04068
Paranui Scenic Reserve	Controlled Permit	O04010
Paranui Stream Government Purpose Wildlife Management Reserve	Controlled Permit	O04028
Parapara Stream Marginal Strip	Controlled Permit	O04065
Parataiko Conservation Area	Controlled Permit	O06027
Pareokawa Water Conservation Scenic Reserve	Controlled Permit	O05047
Parnell Street Conservation Area	Open Lead	O05038
Parnell Street Recreation Reserve	Open Lead	O05039
Paroanui Conservation Area	Controlled Permit	O04018
Paxton Point Conservation Area	Controlled Permit	N03003
Perunui River Marginal Strip	Controlled Permit	O05085
Pitt Street Recreation Reserve	Open Lead	Q05024
Popo Scenic Reserve	Controlled Permit	P04016
Poroporo Island Scenic Reserve	Controlled No Access	Q05010
Pukemiro Block Scenic Reserve	Controlled Permit	O05010
Puketi Forest (Addition No 2) Conservation Area	Controlled Permit	P05070
Puketi Forest (Pt.Northland Conservation Park)	Controlled Permit	P05001
Puketi Forest Access Conservation Area	Controlled Permit	P05107
Puketi Forest Addition Conservation Area	Controlled Permit	P05067
Puketi Scenic Reserve	Controlled Permit	P05004
Puketona Scenic Reserve	Controlled No Access	P05018
Puketotara Conservation Area	Controlled Permit	P05003
Pukewharariki Forest Conservation Area	Controlled Permit	P05009
Pukewhau Channel Marginal Strip	Controlled Permit	O04047
Pukewhau Ecological Area	Controlled No Access
Puwheke Recreation Reserve	Controlled Permit	O03002
Raetea Forest (Pt Northland Conservation Park)	Controlled Permit	O05002
Rainbow Falls Scenic Reserve	Controlled No Access	P05021
Ranfurly Bay Scenic Reserve	Controlled Permit	P04002
Rangaunu Conservation Area	Controlled Permit	O04003
Rangaunu Harbour Marginal Strip No 1	Controlled Permit	O04058
Rangiahua Conservation Area	Open Lead	O05032
Rangikapiti Pa Historic Reserve	Controlled No Access	O04014
Rangiora Conservation Area	Controlled Permit	O05027
Rangiputa Conservation Area	Controlled Permit	O04001
Rangitane Scenic Reserve	Controlled No Access	P05029
Rawene Conservation Area	Controlled Permit	O05041
Rawene Marginal Strip No 1	Controlled Permit	O05086
Rawene Marginal Strip No 2	Controlled Permit	O05087
Rawene Scenic Reserve	Controlled Permit	O05036
Riponui Scenic Reserve	Controlled No Access	Q06022
Rotokakahi River Scenic Reserve	Controlled Permit	O05018
Rotokama Local Purpose Esplanade Reserve	Open Lead	O05052
Rotokoma Stream Marginal Strip	Controlled Permit	O05064
Ruapekapeka Forest (Pt Northland Cons. Park)	Controlled Permit	Q05051
Ruapekapeka Historic Reserve	Controlled No Access	Q06003
Runaruna Scenic Reserve	Controlled Permit	O05021
Russell Crown Land	Open Lead	Q05022
Russell Forest (Addition No1) Conservation Area	Controlled Permit	Q05069
Russell Forest (Addition No2) Conservation Area	Controlled Permit	Q06063
Russell Forest (Pt Northland Conservation Park)	Controlled Permit	Q05050
Russell Park Headquarters Government Purpose Reserve	Open Lead	Q05023
Ryders Creek Marginal Strip	Controlled Permit	O04066
Salt Lake Conservation Area	Controlled Permit	N03004
Scoresby Street Conservation Area	Controlled Permit	Q05040
Signal Station Road Recreation Reserve	Controlled Permit	O06008
Simmonds Islands Nature Reserve	Controlled No Access	N03008
St. Pauls Rock Scenic Reserve	Controlled Permit	P04011
Stockyard Point Scenic Reserve	Controlled Permit	Q05035
Stony Stream Marginal Strip	Controlled Permit	O04072
Sweetwater Dune Lakes Conservation Area	Controlled Permit	N04007
Sweetwater Scenic Reserve	Controlled Permit	N04019
Taemaro Bay Conservation Area	Open Lead	O04016
Taheketiti Marginal Strip	Controlled Permit	O05066
Takahue River Marginal Strip	Controlled Permit	O05057
Takakuri Stream Marginal Strip	Controlled Permit	P04033
Takou River Scenic Reserve	Controlled Permit	P04029
Tapeka Point Historic Reserve	Open Lead	Q05018
Tapuhi Scenic Reserve	Controlled Permit	Q06005
Tapuwae Scenic Reserve	Controlled Permit	O05026
Taranaki Island Scenic Reserve	Controlled No Access	P05034
Tarawhataroa Stream Marginal Strip	Controlled Permit	O04059
Taronui Bay Conservation Area Access	Controlled No Access	P04022
Taronui Bay Recreation Reserve	Controlled No Access	P04021
Taronui Bay Recreation Reserve Addition	Controlled No Access	P04023
Taumarumaru Recreation Reserve	Controlled Permit	O04032
Taumata Conservation Area	Controlled Permit	O04025
Tauranga Valley Scenic Reserve	Controlled Permit	P04007
Te Anina Point Conservation Area	Controlled Permit	P04004
Te Karae Conservation Area	Controlled Permit	O05044
Te Karae Creek Marginal Strip	Controlled Permit	O05071
Te Koroa Scenic Reserve	Controlled Permit	O04021
Te Paki Recreation Reserve	Controlled Permit	N02001
Te Pouahi Marginal Strip	Controlled Permit	O06056
Te Pua Road Conservation Area	Controlled Permit	P05012
Te Putaaraukai Channel Marginal Strip	Controlled Permit	O04046
Te Ramanuka Conservation Area	Controlled Permit	N03006
Te Toroa Scenic Reserve	Controlled No Access	Q05016
Te-Rere-O-Te-Kerikeri Conservation Area	Controlled Permit	P06002
The Fladgate Family Reseve	Controlled Permit	Q05102
Tikitikioure Conservation Area	Controlled No Access	Q05031
Timperleys Bush Scenic Reserve	Controlled No Access	Q06004
Tipatipa Scenic Reserve	Controlled Permit	Q05047
Tirohanga Stream Conservation Area	Open Lead	P05043
Toatoa Conservation Area	Controlled Permit	O04009
Tokerau Beach Conservation Area	Controlled Permit	O04002
Toretore Island Scenic Reserve	Controlled No Access	Q05037
Totara North Conservation Area	Controlled Permit	P04010
Tupata Conservation Area	Controlled Permit	O05005
Twin Bridges Conservation Area	Controlled Permit	P06007
Unahi Conservation Area	Controlled Permit	O04006
Unahi Marginal Strip	Controlled Permit	O04054
Upokorau Conservation Area	Controlled Permit	P04020
Urupukapuka Island Recreation Reserve	Controlled No Access	Q05008
Uruti Bay Conservation Area	Controlled No Access	Q05029
Utakura Scenic Reserve	Controlled Permit	P05110
Uwhiro Stream Marginal Strip	Controlled Permit	N05006
Victoria River Marginal Strip	Controlled Permit	O04082
Victoria Valley Conservation Area	Controlled Permit	O04022
Waewaetorea Island Recreation Reserve	Controlled No Access	Q05007
Wahaotetupua Scenic Reserve	Controlled Permit	O06033
Waihapa Conservation Area	Open Lead	P04012
Waihihi Bay Local Purpose Reserve	Controlled Permit	Q05101
Waihou River Conservation Area	Open Lead	P05007
Waihou River Marginal Strip No 1	Controlled Permit	O05074
Waihou River Marginal Strip No 2	Controlled Permit	O05075
Waihou River Marginal Strip No 3	Controlled Permit	O05076
Waikaramu Lake Conservation Area	Controlled Permit	O04030
Waikare Historic Reserve	Controlled Permit	Q05048
Waikino Forest (Pt Northland Conservation Park)	Controlled Permit	Q05046
Waikino Forest Conservation Area	Controlled Permit	Q05066
Waikino Road Conservation Area	Controlled Permit	Q05045
Waima Forest (Pt Northland Conservation Park)	Controlled Permit	O06009
Waima Landing Conservation Area	Controlled Permit	O05043
Waima River Marginal Strip No 1	Controlled Permit	O05088
Waima River Marginal Strip No 2	Controlled Permit	O05089
Waimamaku Conservation Area	Controlled Permit	O06015
Waimamaku Hall Site Recreation Reserve	Open Free	O06014
Waimamaku Marginal Strip	Controlled Permit	O06053
Waimamaku River Conservation Area	Controlled Permit	O06028
Waimamaku River Marginal Strip No 1	Controlled Permit	O06045
Waimamaku River Marginal Strip No 2	Controlled Permit	O06046
Waimamaku River Marginal Strip No 3	Controlled Permit	O06047
Waimamaku River Marginal Strip No 4	Controlled Permit	O06048
Waimamaku Scenic Reserve	Controlled Permit	O06013
Waimanone Marginal Strip	Controlled Permit	O04053
Wainui River Marginal Strip No 1	Controlled Permit	O04074
Wainui River Marginal Strip No 2	Controlled Permit	O04075
Waiotehue Conservation Area	Controlled Permit	O05006
Waiotemarama Cemetery Local Purpose Reserve	Controlled Permit	O06012
Waiotu River Marginal Strip No 1	Controlled Permit	Q06066
Waiotu Stream Local Purpose Reserve	Controlled Permit	Q05067
Waipapa Stream Scenic Reserve	Controlled No Access	P05023
Waipapakauri Beach Conservation Area	Open Lead	N04005
Waipapakauri Local Purpose Esplanade Reserve	Controlled Permit	O04040
Waiparera Creek Marginal Strip	Controlled Permit	O04056
Waipoua Forest (Pt Northland Conservation Park)	Controlled Permit	O06017
Waipukakahu Stream Marginal Strip	Controlled Permit	P04032
Wairakau Conservation Area	Controlled Permit	P04031
Waireia Creek Marginal Strip	Controlled Permit	O05078
Wairoa Stream Marginal Strip	Controlled Permit	N04021
Wairupe Creek Marginal Strip	Controlled Permit	O05077
Waitangi Endowment Forest	Controlled No Access	P05045
Waitangi Wetland Conservation Area	Controlled Permit	P05036
Waitapu Conservation Area	Controlled Permit	O06001
Waitata Point Conservation Area	Controlled No Access	Q05028
Waitawa Scenic Reserve	Controlled Permit	O05011
Walker Island Nature Reserve	Controlled No Access	O04036
Warawara Forest (Pt Northland Conservation Park)	Controlled Permit	O05022
Wekaweka Scenic Reserve	Controlled Permit	O06036
Whakaangi Scenic Reserve	Controlled Permit	O04078
Whakanekeneke Recreation Reserve	Open Lead	P05072
Whakarara Conservation Area	Controlled Permit	P04009
Whangae Conservation Area	Controlled Permit	P05040
Whangamumu Scenic Reserve	Controlled Permit	Q05017
Whangape Conservation Area	Controlled Permit	O05017
Whangaroa Forest Conservation Area	Controlled Permit	P04008
Whangatane Spillway Marginal Strip	Controlled Permit	O04049

Area and description	Reason for restriction	Dog access rule
Ahipara	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Butterfly Bay	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Cable Bay	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Coopers Beach	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Donkey Bay/Waitata Beach	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Hihi Beach	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Long Beach	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Mahinepua Beach	Popular and Shorebird nesting and High Conservation	Prohibited all year
Matauri Bay	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Paihia Beach	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Pipiroa Beach	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
All beaches at Purerua Peninsula	Cultural Value	Prohibited all year
Russell Beach	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Skudders Beach and wetlands	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Taipa Beach	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Tapeka Point Beach	Popular and Shorebird nesting and High Conservation	Prohibited all year
Tapuaetahi Beach	Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March
Taupo Bay – north of the southern Marlin Road beach entrance, toward the boat ramp	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Taupo Bay – from southern Marlin Drive beach entrance to the bluff	High Conservation	Prohibited all year
Tauranga Bay – west of tractor access toward the campground	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Tauranga Bay – east of tractor access point toward the sandspit	High Conservation	Prohibited all year
Te Haumi	Shorebird nesting and Cultural Value	Prohibited all year
Te Tii Beach – from the roundabout to the bluff	Popular and Shorebird nesting	Off-leash, except On-leash at all times between 1 October to 31 March but Prohibited between 15 December to 28 February (including all public holidays) between 10am to 5pm
Te Tii – from the roundabout toward Waitangi and along the beach behind Te Tii Marae	High Conservation	Prohibited all year
Tokerau Beach	Popular	Off-leash, except Prohibited between 15 December to 28 February (and all public holidays) between 10am to 5pm
Waitangi Beaches	Shorebird nesting and High Conservation	Prohibited all year

Ordinary Council Meeting Agenda

27 November 2018

5.2 Alcohol Control Bylaw 2018 Deliberations

File Number: A2269688

Author: Emma Pilkington, Senior Policy Advisor

Authoriser: Darrell Sargent, General Manager - Strategic Planning and Policy

Purpose of the Report

To provide information for deliberations that will be used to inform decision-making for Council’s Alcohol Control Bylaw 2018 and individual alcohol control areas.

Executive Summary

· The Public Places Liquor Control Bylaw 2003 was last reviewed in 2012 and will expire on 18 December 2018 unless replaced.

· On 30 August 2018 the Council adopted a statement of proposal to consult on a new Alcohol Control Bylaw to replace the expiring bylaw. The proposed bylaw and alcohol control areas are in the most part the same as the bylaw currently in place.

· After the new bylaw is adopted in December, alcohol control areas can be amended by Council resolution with targeted community consultation as part of a future work programme. This would include working with NZ Police and stakeholders affected by new Council powers to apply alcohol control areas more broadly to public spaces.

Public submissions on the proposed bylaw were open from 8 September to 8 October 2018. Of the 46 submissions received, 42 supported the proposal and 4 opposed the proposal.This report provides information on key deliberation topics, including individual alcohol control areas in the Far North district. · Administration recommend that the Council agree to replace the existing bylaw with the proposed bylaw as consulted on, with the exception of:

o Changing the alcohol control area at Lily Pond and Tokerau Beach to apply 24 hours, seven days a week between 1 December and 31 January, and

o Changing the alcohol control area at Pukenui to include the wharf and to apply 24 hours, seven days a week all year round.

· These changes have been recommended to standardise hours and to respond to evidence of alcohol-related crime and disorder.

· Following deliberations on 27 November 2018, administration will make any necessary amendments and present the Alcohol Control Bylaw for Council’s consideration and adoption at the public meeting on 13 December 2018.

Recommendation

That the Council:

a) Receives the Police Report in Attachment 1 and public submissions in Attachment 2.

b) Agrees to continue the process of adopting the Proposed Alcohol Control Bylaw to replace the expiring Public Places Liquor Control Bylaw.

c) Approves all proposed individual alcohol control areas as contained in Attachment 3 for a final resolution at the December Council meeting, including to:

i) Amend the alcohol control areas at Lily Pond and Tokerau Beach to apply 24 hours, seven days a week between 1 December and 31 January, and

ii) Amend the alcohol control area at Pukenui to include the wharf and amend the control time to apply 24 hours, seven days a week all year round.

d) Confirms that the Proposed Alcohol Control Bylaw contained in Attachment 3 be presented to Council for a final resolution at the 13December 2018 Council meeting.

1) Background

The Public Places Liquor Control Bylaw 2003 was last reviewed in 2012 and will expire on 18 December 2018 unless replaced. On 30 August 2018, the Council adopted a statement of proposal to consult on a new Alcohol Control Bylaw to replace the expiring bylaw.

At the public meeting on 30 August 2018, administration also advised they would work with NZ Police and stakeholders affected by a new broader public place definition through targeted consultation as part of a future work programme from 2019.

Public submissions were open on the proposed bylaw from 8 September to 8 October 2018. 46 submissions were received. Two submitters spoke at hearings in Kaitaia on 18 October and three at Kaikohe on 24 October 2018.

Council now needs to consider the feedback received and to deliberate on whether any changes are required to the Proposed Alcohol Control Bylaw and/or the proposed individual alcohol control areas.

This report summarises submissions and presents options for responding to them. Administration and Police representatives will be at the meeting to provide further clarity or advice if Council requests it.

Following deliberations on 27 November 2018, administration will make any necessary amendments and present the Alcohol Control Bylaw for Council’s consideration and adoption at the meeting on 13 December 2018.

2) Discussion and Options

Overview of submissions

Of the 46 submissions received, 42 supported the proposal and 4 opposed the proposal. Submissions can be viewed in full in Attachment 2. Many submissions offered additional comments, suggestions and considerations. Comments included that:

· All areas should have a 24 hour, seven days a week alcohol ban.

· Alcohol bans need to be extended to other tourist spots, have better policing and heavier penalties.

· Families should be able to go to the beach and have a sociable drink.

· The alcohol control areas are suitable and that no new alcohol control areas should be introduced.

· The Council needs to consider the impact of alcohol control areas on visitors to the area, particularly those travelling in motorhomes or caravans.

Administration advises that the application of alcohol control areas to Council camp sites in public places can be considered as part of a future work programme. In any case, Police have discretion about how they exercise their enforcement powers.

The consultation also asked of the community how the Council and community can work together to help reduce crime and disorder associated with drinking alcohol in our district’s public places. Suggestions included:

· Better Police resources for enforcement and monitoring like community patrols in busy months to prevent anti-social behaviours in these areas.

· Signage for alcohol bans need to be clear and consistent across all three districts in Northland.

· Education is key, need more media coverage so that people know the rules.

· Professional security companies need to be able to enforce alcohol bans and monitor security cameras to communicate with Police in well-known problem areas.

· Sale and supply of alcohol needs to be reduced from local convenience and liquor stores.

Legislative requirements

Under the Local Government Act 2002 (LGA 2002), Council can prohibit or control the following activities in any specified public place through an alcohol control bylaw:

a) The consumption of liquor;

b) The bringing of liquor into that place;

c) The possession of liquor;

d) The presence or use of a vehicle in conjunction with any prohibition relating to liquor in a) to c).

Before the Council can replace the expiring Public Places Liquor Control Bylaw with the Proposed Alcohol Control Bylaw, Council needs to be satisfied that each of the criteria from section 147A(3) of the LGA 2002 have been met. Section 147A can be read in full in Attachment 4.

Given that liquor bans are already in place, Police anecdotal evidence is important for meeting the criteria. Equally as important are communities’ stories and feedback about the alcohol controls. Administration comments and recommendations are set out in Table 1 below.

Table 1: Assessment of the Proposed Alcohol Control Bylaw 2018 against section 147A(3) of the LGA 2002

Criteria	Administration comment and recommendation
(a) The bylaw can be justified as a reasonable limitation on people’s rights and freedoms	The proposed bylaw and alcohol control areas are in the most part the same as what is currently in place. The alcohol control areas are not district-wide or blanket bans on drinking alcohol in public places. The proposed alcohol control areas are in locations and townships where concerns and issues have been previously raised. Police have discretion about how they exercise their enforcement powers. The proposal was generally supported by 42 submissions, with 4 submissions against the proposal. For these reasons, administration considers that the proposed bylaw can be justified as a reasonable limitation on people’s rights and freedoms.
(b) A high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made	Police have provided a report (Attachment 1) on alcohol control areas around the district where they are concerned that a high level of crime or disorder is likely to arise if the control areas were discontinued. An assessment of each alcohol control area is provided in Table 2 below in light of both public submissions and Police comment.
(c) The bylaw is appropriate and proportionate in the light of that likely crime or disorder	Administration considers that as a result of matters raised in submissions, the proposed bylaw is appropriate and proportionate in the light of the likely crime or disorder that would be caused by alcohol consumption and confirm that Council should retain the bylaw under section 147A(3).

Future alcohol control work programme

Many submitters requested existing alcohol control areas be expanded or for new alcohol control areas to be introduced. These areas will be considered as part of a future work programme for control areas from 2019.

The future work programme will involve amending existing control areas and making new control areas, where there is evidence that a high level of crime or disorder can be shown to have been caused or made worse by alcohol consumption in the area. This is a requirement for new areas under section 147A(1).

The work programme will also include updating the control areas to align with the public place definition that came into effect with the LGA 2002 amendments in 2013, subsequent to the last review of the existing bylaw. The public place definition was expanded for alcohol controls to:

(a) mean a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but

(b) not include licensed premises.

This means future alcohol controls can apply to privately-owned land that is accessible to the public like carparks within existing alcohol control areas across the district. These changes cannot be made as part of this decision-making process because Council did not consult on the inclusion of new public place areas.

The future work programme on new alcohol control areas would involve targeted engagement with communities and the Police to ensure there is appropriate evidence that shows crime or disorder has been caused or made worse by alcohol. These changes could then be made to the schedule of the bylaw by Council resolution (Clause 7.2 of the proposed bylaw).

Deliberation Topic 1: Proposed Alcohol Control Bylaw

Overwhelming support was received for the proposed Alcohol Control Bylaw. Many comments, suggestions and considerations were offered in submissions to assist in the monitoring and enforcement of alcohol control areas in the district. The following reasonably practicable options are available to Council:

Option 1 – Continue with making the Proposed Alcohol Control Bylaw to replace the expiring Public Places Liquor Control Bylaw

This option involves replacing the expiring bylaw with the new proposed bylaw that is substantially the same. Changes to existing alcohol control areas and the introduction of new control areas can be made as part of a future work programme through amendments to the bylaw schedule by Council resolution.

Option 2 – Allow the Public Places Liquor Control Bylaw to expire on 18 December 2018.

This option would involve allowing the existing bylaw and liquor bans to expire. This would mean that the consumption of alcohol would be permitted in all public areas of the district and there would be no ability for the Council to make alcohol control areas.

Recommendation

Administration does not recommend Option 2 because there is a risk that crime and disorder will arise because of alcohol consumption in the areas where there are currently liquor bans in place. Police do not support Option 2 because alcohol controls are a recognised tool for helping to reduce alcohol-related harm. For these reasons, administration recommends Option 1.

Deliberation topic 2: Alcohol control areas and times

To meet the requirements of section 147A(3)(b) of the LGA 2002, Police have provided a report on each existing alcohol control area (Attachment 1). The Council needs to be satisfied that a high level of crime or disorder is likely to return if the existing alcohol control areas were removed.

Table 2 below provides a high-level assessment of the existing alcohol control areas against the evidence of crime or disorder provided by the Police and community in submissions. The following reasonably practicable options are available to Council in relation to each area:

Option 1: Retain the alcohol control areas as publicly notified for consultation

Option 2a: Retain the alcohol control areas with amendments to area

Option 2b Retain the alcohol control areas with amendments to time

Option 3: Allow the alcohol control areas to lapse on 18 December 2018.

Table 2: Administration assessment of existing alcohol control areas under section 147A(3)(b) of the LGA 2002

Alcohol control area	Crime / disorder likely to arise if the existing liquor ban is allowed to expire	Administration comments and recommendations
Ahipara	Police: Disorderly, violent and assaultive behaviour, litter particularly in the beach access areas. Community: Broken glass on the beach, intimidating behaviour, litter on the beach near the ramp	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Police requested the control area to extend to the whole beach and the northern beach entrance. These areas can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Coopers Beach Reserve	Police: Fighting and disorder	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 5 requested the control area extend to include the beach. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Haruru	Police: Fighting, disorder, assaults Community: Vehicle break in	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Hihi	Police have requested retaining the alcohol control area, and there were no submissions against the proposal	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Kaeo	Police have requested retaining the alcohol control area, and there were no submissions against the proposal	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Kaikohe	Police: Litter, disorderly behaviour Community: Aggressive behaviour	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 46 requested to include the following areas: a) “the two acres currently owned by G Philips, this will be included into Lindvart Park” (Alongside the old landfill and Station Road - Lot 2 DP 162816). b) “The area of the cycleway between Carey Road and Taheke Road” (behind Lindvart Park). c) “Lower Station Road and Thorpe Road to the foot of the hill near Michaels Road. (This could be a matter for further consideration, extending this to include Rangihamama Road from Thorpe Road to Taheke Road)”. d) “The car parking area on Monument Hill”. e) “Rowsell Heights”. These areas can be considered as part of the future work programme on alcohol control areas, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Kaitaia	Police: Litter, disorderly behaviour Community: Intimidating behaviour, broken glass, fighting, arguing	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 7 requested the control area be amended to include the old Warehouse carpark on Matthews Ave and East Lane. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Kawakawa	Police: Litter, disorderly behaviour Community: Litter	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 43 requested the control area be extended to include the Hundertwasser Park. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Kerikeri	Police: Litter, incidents of disorder and fighting, assaults and intoxicated driving Community: Intimidating behaviour towards children, anti-social behaviour, violence, property damage	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 41 requested the control area be amended to include the reserve at the bottom of Fairway Drive, and submissions 41 and 44 requested the McDonalds car park and service lane be included. Submission 44 also requested the inclusion of Pa Road and Kerikeri Inlet Road including Dalton Reserve, Far North District Council owned public land in the Kororipo Heritage Basin. These areas can be considered in the future work programme, as evidence would be required to justify including the area. Administration notes there is an error in the map for this area, it should exclude the New World premises, this will be amended in the final bylaw for adoption. Option 1 - Retain the alcohol control as publicly notified for consultation
Kohukohu	Community: Broken glass, litter, anti-social behaviour, noise	Administration agrees with submissions that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Lily Pond	Police: Anti-social behaviour, assaults, fighting, litter	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire, but it is more likely to occur over the summer period. Administration recommends option 2b: Retain the alcohol control and amend the control time to apply 24/7 in summer-time (1 December – 31 January). The existing control time is: Thursday, Friday and Saturday nights between 3 December to 24 December from 9pm to 6am; 24 December from 9pm to 6am on 25 December; 25 December to 3 January from 6pm to 6am; Anzac Day Eve from 9am to midday on Anzac Day.
Moerewa	Police: Assaults, violence, fighting	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Okaihau	Police: Infrequent violence, assaults	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Police have requested the control area be amended to include the rugby grounds area and carpark. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Omapere	Community: Broken glass, aggressive behaviour, property damage	Administration agrees with submissions that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Opononi	Community: Broken glass, aggressive behaviour, property damage	Administration agrees with submissions that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 13 requested the control area be amended to include the Pakia Hill Lookout. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Paihia	Police: Disorder, fights, assaults, litter, anti-social behaviour	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Pukenui	Police: Disorder, fighting, assaults Community: Fighting and car accidents	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Police commented there has always been a problem with commercial operators drinking at the wharf. It is a place of industry where machinery is operated, and where a Coastguard base is located, where there have been incidents of assault between people involved in industry and Coastguard activities. Administration recommends options 2a and 2b: Retain the alcohol control with amendments to area and time. This is because there is evidence of crime and disorder all year and there is support from the Police. Administration recommends including the wharf in the control area and amending the date and time to apply 24/7. The existing control time is: Thursday, Friday and Saturday nights between 3 December to 24 December from 9pm to 6am; 24 December from 9pm to 6am on 25 December; 25 December to 3 January from 6pm to 6am; Anzac Day Eve from 9am to midday on Anzac Day. Submission 6 requested the control area be extended to include the playground near Houhora reserve. This area can be considered in the future work programme, as evidence would be required to justify including the area.
Rawene	Community: Disorderly and aggressive behaviour, litter	Administration agrees with submissions that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Russell	Police: Assaults, fighting, disorder, litter, property damage Community: Disorderly behaviour, vandalism to the wharf during the Coastal Classic, Fighting	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation
Taipa	Community: Assault on Foreshore Road, Taipa Point Road and the section across from the Ramada Resort	Administration agrees with submissions that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 15 suggested the need for lighting and footpaths to enable safe passage of people down Taipa Point Road to the beach, putting cameras in place, and the resort is willing to help. The submission also requested the control area be amended to include the privately owned grassy area near the sandspit, and ensure the grass verge adjacent to the beach is included. This area can be considered in the future work programme, as evidence would be required to justify including the area. Option 1 - Retain the alcohol control as publicly notified for consultation
Taupo Bay	Police: Litter, fighting, property damage, assaults	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. The northern end of the beach was not included in the control area map. Administration will correct this error in the map for adoption. Option 1 - Retain the alcohol control as publicly notified for consultation Administration notes there is an error in the map, it should include the northern part of the beach, this will be amended in the final bylaw for adoption.
Tokerau Beach	Police: Fighting, assaults and disorder	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Submission 23 (Tokerau Beach Residents and Ratepayers) support retaining the alcohol control area. Police have requested that the control apply 24/7 all year. Administration does not recommend making this control 24/7 all year as part of this decision-making process because evidence has not been provided that crime or disorder occurs throughout the year. Instead, evidence can be investigated further as part of the future work programme. Administration recommends option 2b: Retain the alcohol control and amend the control time to apply 24/7 during summer (1 December – 31 January). The existing control time is: Thursday, Friday and Saturday nights between 3 December to 24 December from 9pm to 6am; 24 December from 9pm to 6am on 25 December; 25 December to 3 January from 6pm to 6am; Anzac Day Eve from 9am to midday on Anzac Day.
Waipapa	Police: Fighting, assaults and disorder	Administration agrees with Police that a high level of crime or disorder is likely to arise if the alcohol control is allowed to expire. Option 1 - Retain the alcohol control as publicly notified for consultation

Reason for the recommendation

To commence the process of decision-making for Council’s Alcohol Control Bylaw 2018 and individual alcohol control areas.

3) Financial Implications and Budgetary Provision

· More signage and enforcement has been requested by some submissions. Administration is working with the Kaipara District Council and the Whangarei District Council to provide consistent signage throughout Northland. District Services have already produced replacement sticker signs in both English and Te Reo, to cover old signage. Budget for this signage was not allocated, so cost savings were found and funds re-allocated from within Administration’s budget. The Police are responsible for the enforcement of the alcohol control areas.

Attachments

1. Police Report - A2253698 ⇩

2. Public Submissions - A2269280 ⇩

3. Proposed Bylaw - A2269035 ⇩

4. Criteria for making an Alcohol Control Bylaw - A2270941 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Under Council’s Significance and Engagement Policy, the recommendations of this report are of low significance. The proposed bylaw is substantially the same as the existing bylaw. The recommendations of this report would lead to minor changes to existing alcohol controls in specific communities of the district.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	· Local Government Act 2002 - Provides the functions, duties, powers and penalties to make and enforce this Bylaw. · Local Government (Alcohol Ban Breaches) Regulations 2013 - Determine the infringement fee for breaching an alcohol ban. Our mission Creating great places, supporting our people Our values - tikanga • Mana tangata: Respect and fairness • Te Tiriti o Waitangi: Partnership Tumanako - our expectations • Mana i te whenua: The role of tangata whenua is valued and respected • Tangata whai ora: Happy, healthy, safe and purposeful people
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This proposal has a District wide relevance. Community Board chairs were provided the opportunity to have input at an Elected Member workshop. Community Board views will also be sought during the future work programme of reviewing alcohol control areas.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Iwi and hapu were directly notified of the proposal for consultation in September. Council received submissions from Te Tiriti O Waitangi Maori Committee and Kororareka Marae in support of the proposal.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	The community has had an opportunity to have its say, including in the hearings. These views are being considered through the Deliberation process. No further community views will be sought through the Deliberation process.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no direct financial implications as a result of the Deliberation process. There will be future financial implications for signage in order for any alcohol control areas to be enforced. This will be met within existing budgets.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report