Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Strategy and Policy Committee Meeting

 

Tuesday, 7 September 2021

Time:

9.30 am

Location:

Held Electronically via Microsoft Teams

 

 

Membership:

Chair Rachel Smith

Cr David Clendon

Mayor John Carter

Deputy Mayor Ann Court

Cr Dave Collard

Cr Felicity Foy

Cr Kelly Stratford

Cr Moko Tepania

Cr John Vujcich

Member Belinda Ward

 

 


Authorising Body

Mayor/Council

Status

Standing Committee

 

 

COUNCIL COMMITTEE

 

Title

Strategy and Policy Committee Terms of

Reference

Approval Date

19 December 2019

Responsible Officer

Chief Executive

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

 

·         Better data and information

·         Affordable core infrastructure

·         Improved Council capabilities and performance

·         Address affordability

·         Civic leadership and advocacy

·         Empowering communities

 

The Committee will review the effectiveness of the following aspects:

·         Trust and confidence in decision-making by keeping our communities informed and involved in decision-making;

·         Operational performance including strategy and policy development, monitoring and reporting on significant projects, including, but not limited to:

o   FN2100

o   District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o   District Plan

o   Significant projects (not infrastructure)

o   Financial Strategy

o   Data Governance

o   Affordability

·         Consultation and engagement including submissions to external bodies / organisations

 

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, and of the Council’s business, operations and risks.

 

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties or powers.

 

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

Non-appointed councillors may attend meetings with speaking rights, but not voting rights.

 

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members. 

 

Frequency of Meetings

The Strategy and Policy Committee shall meet every 6 weeks, but may be cancelled if there is no business.

 

Committees Responsibilities

The Committees responsibilities are described below:

 

Strategy and Policy Development

·         Oversee the Strategic Planning and Policy work programme

·         Develop and agree strategy and policy for consultation / engagement;

·         Recommend to Council strategy and policy for adoption;

·         Monitor and review strategy and policy.

 

Service levels (non regulatory)

·         Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

 

Policies and Bylaws

·         Leading the development and review of Council's policies and district bylaws when and as directed by Council

·         Recommend to Council new or amended bylaws for adoption

 

Consultation and Engagement

·         Conduct any consultation processes required on issues before the Committee;

·         Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively;

·         Receive reports from Council’s Portfolio and Working Parties and monitor engagement;

·         Review as necessary and agree the model for Portfolios and Working Parties.

 

Strategic Relationships

·         Oversee Council’s strategic relationships, including with Māori, the Crown and foreign investors, particularly China

·         Oversee, develop and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

·         Recommend to Council the adoption of new Memoranda of Understanding (MOU)

·         Meet annually with local MOU partners

·         Quarterly reviewing operation of all Memoranda of Understanding

·         Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

·         Monitor Sister City relationships

·         Special projects (such as Te Pū o Te Wheke or water storage projects)

 

Submissions and Remits

·         Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o   If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o   If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

·         Oversee, develop and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

·         Recommend to Council those remits that meet Council’s legislative, strategic and operational objectives to enable voting at the LGNZ AGM.  All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

 

Fees

·         Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long Term Plan or Annual Plan (in which case the decision will be considered by the Long Term Plan and Annual Plan and approved by Council).

 

District Plan

·         Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

·         Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991;

·         Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation and heritage order processes:

§  To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§  To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§  To consider and approve council submissions on a proposed plan, plan changes, and variations.

§  To manage the private plan change process.

§  To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

 

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

 

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.


 

STRATEGY AND POLICY COMMITTEE - 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 Program

 

 

Carter Family Trust

 

 

 

Rachel Smith (Chair)

Friends of Rolands Wood Charitable Trust

Trustee

 

 

Mid North Family Support

Trustee

 

 

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member and Treasurer

 

 

Vision Kerikeri

Financial Member

 

 

Rachel Smith (Partner)

Property Owner

Kerikeri

 

 

Friends who work at Far North District Council

 

 

 

Kerikeri Cruising Club

Subscription Member

 

 

Vision Kerikeri

Financial Member

 

 

Town and General Groundcare Limited

Director. Shareholder

 

 

David Clendon (Deputy Chair)

Chairperson – He Waka Eke Noa Charitable Trust

None

 

Declare if any issue arises

Member of Vision Kerikeri

None

 

Declare if any issue arises

Joint owner of family home in Kerikeri

Hall Road, Kerikeri

 

 

David Clendon – Partner

Resident Shareholder on Kerikeri Irrigation

 

 

 

David Collard

Snapper Bonanza 2011 Limited

45% Shareholder and Director

 

 

Trustee of Te Ahu Charitable Trust

Council delegate to this board

 

 

Deputy Mayor Ann Court

Waipapa Business Association

Member

 

Case by case

Warren Pattinson Limited

Shareholder

Building company. FNDC is a regulator and enforcer

Case by case

Kerikeri Irrigation

Supplies my water

 

No

District Licensing

N/A

N/A

N/A

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

Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)

Declare interest and abstain from voting.

Flowers and gifts

Ratepayer 'Thankyou'

Bias/ Pre-determination?

Declare to Governance

Coffee and food

Ratepayers sometimes 'shout' food and beverage

Bias or pre-determination

Case by case

Staff

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.

Warren Pattinson

My husband is a builder and may do work for Council staff

 

Case by case

Ann Court - Partner

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

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.

Felicity Foy

Flick Trustee Ltd

I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.

 

 

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 and Allen Bell Drive.

 

Foy Farms Partnership

Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa

 

 

Foy Farms Rentals

Owner and rental manager of Foy Farms Rentals for dwellings on Church Road, Kaingaroa and dwellings on Allen Bell Drive, Kaitaia, and  property on North Road, Kaitaia, one title contains a cell phone tower.

 

 

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.

 

112 Commerce Street Holdings Ltd

Owner of commercial property in Commerce Street Kaitaia.

 

 

Foy Property Management Ltd

Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.

 

 

Previous employment at FNDC 2007-16

I consider the staff members at FNDC to be my friends

 

 

Shareholder of Coastline Plumbing NZ Limited

 

 

 

Felicity Foy - Partner

Director of Coastline

Plumbing NZ Limited

 

 

 

Friends with some FNDC employees

 

 

 

Kelly Stratford

KS Bookkeeping and Administration

Business Owner, provides book keeping, administration and development of environmental management plans

None perceived

Step aside from decisions that arise, that may have conflicts

Waikare Marae Trustees

Trustee

Maybe perceived conflicts

Case by case basis

Bay of Islands College

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Karetu School

Parent Elected Trustee

None perceived

If there was a conflict, I will step aside from decision making

Māori title land – Moerewa and Waikare

Beneficiary and husband is a shareholder

None perceived

If there was a conflict, I will step aside from decision making

Sister is employed by Far North District Council

 

 

Will not discuss work/governance mattes that are confidential

Gifts - food and beverages

Residents and ratepayers may ‘shout’ food and beverage

Perceived bias or predetermination

Case by case basis

Taumarere Counselling Services

Advisory Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

Sport Northland

Board Member

May be perceived conflicts

Should conflict arise, step aside from voting

He Puna Aroha Putea Whakapapa

Trustee

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

Kawakawa Returned Services Association

Member

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

Whangaroa Returned Services Association

Member

May be perceived conflicts

Should conflict arise, step aside from voting should they apply for funds

National Emergency Management Advisor Committee

Member

 

Case by case basis

Te Rūnanga ā Iwi o Ngāpuhi

Tribal affiliate member

As a descendent of  Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived  conflict of interest  in Te Rūnanga ā Iwi o Ngāpuhi  Council relations

Declare a perceived  conflict should there appear to be one

Te Rūnanga ā Iwi o Ngāti Hine

Tribal affiliate member

Could have a perceived conflict of interest

Declare a  perceived  conflict should  I determine there is a conflict

Kawakawa Business and Community Association

Member

 

Will declare a perceived conflict should there appear to be one

Kelly Stratford - Partner

Chef and Barista

Opua Store

None perceived

 

Māori title land – Moerewa

Shareholder

None perceived

If there was a conflict of interest I would step aside from decision making

Moko Tepania

Teacher

Te Kura Kaupapa Māori o Kaikohe.

Potential Council funding that will benefit my place of employment.

Declare a perceived conflict

 

Chairperson

Te Reo o Te Tai Tokerau Trust.

Potential Council funding for events that this trust runs.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Te Rarawa

As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga o Whaingaroa

As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.

Declare a perceived conflict

Tribal Member

Kahukuraariki Trust Board

As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.

Declare a perceived conflict

Tribal Member

Te Rūnanga ā-Iwi o Ngāpuhi

As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.

Declare a perceived conflict

John Vujcich

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

Belinda Ward

Ward Jarvis Family Trust

Trustee

 

 

Kenneth Jarvis Family Trust

Trustee

 

 

Residence in Watea

 

 

 

Belinda Ward (Partner)

Ward Jarvis Family Trust

Trustee and beneficiary

 

 

Kenneth Jarvis Family Trust

Trustee and beneficiary

 

 

Residence in Watea

Trustee

 

 

 

 

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

Far North District Council

Strategy and Policy Committee Meeting

will be held in the Held Electronically via Microsoft Teams on:

Tuesday 7 September 2021 at 9.30 am

Te Paeroa Mahi / Order of Business

1          Karakia Timatanga / Opening Prayer. 15

2          Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 15

3          Te Tono Kōrero / Deputation. 15

4          Confirmation of Previous Minutes. 16

4.1            Confirmation of Previous Minutes. 16

5          Reports. 23

5.1            Update of Policy - Appointment of Directors to Council Organisations. 23

5.2            Vehicle Crossings Bylaw - Recommendations for Making the New Bylaw.. 32

5.3            Treated Water Supply Bylaw - Recommendations for making new bylaw.. 73

5.4            New Parking Bylaw - Approval of Draft for Public Consultation. 128

5.5            New Road Use Bylaw - Approval of Draft for Public Consultation. 147

5.6            New On-site Wastewater Disposal Systems Bylaw - Approval of Draft Bylaw for Public Consultation. 178

6          Information Reports. 191

6.1            Resident Opinion Survey 2020/2021. 191

6.2            Kaikohe Civic Hub Working Party update. 287

6.3            Natural and Built Environments Act Exposure Draft Submission. 289

6.4            Audit report for the 2021-31 Long Term Plan. 385

6.5            Future Libraries progress report 399

6.6            Strategy and Policy Action Sheet Update July 2021. 411

7          Te Wāhanga Tūmataiti / Public Excluded. 416

7.1            i-SITE NZ Future Strategy Consultation. 416

8          Karakia Whakamutunga / Closing Prayer. 417

9          Te Kapinga Hui / Meeting Close. 417

 

 


1            Karakia Timatanga / Opening Prayer

2            Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Committee and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).

It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

3            Te Tono Kōrero / Deputation

No requests for deputations were received at the time of the Agenda going to print.


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A3052731

Author:                    Kim Hammond, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Purpose of the Report

The minutes of the previous Strategy and Policy Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Strategy and Policy Committee agrees that the minutes of the meeting held 20 July 2021 be confirmed as a true and correct record.

 

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meeting are attached. Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meeting.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision.

Attachments

1.       2021-07-20 Strategy and Policy Committee Minutes [A3286316] - A3286316  


 

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 is a matter of low significance.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

This report complies with the Local Government Act 2002 Schedule 7 Section 28.

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.

It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.

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.

There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.

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.

This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.

State the financial implications and where budgetary provisions have been made to support this decision.

There are no financial implications or the need for budgetary provision arising from this report.

Chief Financial Officer review.

The Chief Financial Officer has not reviewed this report.

 

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

   MINUTES OF Far North District Council
Strategy and Policy Committee Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 20 July 2021 AT 9.30 am

 

PRESENT:                   Chairperson Rachel Smith, Deputy Chairperson David Clendon, Deputy Mayor Ann Court, Cr Dave Collard, Cr Felicity Foy (via Microsoft TEAMS), Cr Kelly Stratford, Cr John Vujcich, Member Belinda Ward

STAFF PRESENT:      Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager District Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy), Richard Edmondson (Manager - Communications), Caroline Wilson (Manager - District Administration), Greg Wilson (Manager – District Planning), Emily Robinson (Policy Planner), Kim Hammond (Meeting Administrator).

1            Karakia TimatAnga – Opening Prayer

Chairperson Rachel Smith commenced the meeting and Cr Kelly Stratford opened the meeting with a karakia/prayer.

2            NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and Declarations of Interest

Resolution  2021/25

Moved:       Cr John Vujcich

Seconded:  Cr Dave Collard

That apologies from Cr Moko Tepania and Mayor John Carter be received and accepted.

Carried

 3       NGĀ TONO KŌRERO / DEPUTATION

Nil

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Agenda item 4.1 document number A3274778, pages 14 - 21 refers.

Resolution  2021/26

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Strategy and Policy Committee:

a)      agrees that the minutes of the meeting held 15 June 2021 be confirmed as a true and correct record.

b)      agrees that the minutes of the Extraordinary held 01 July 2021 be confirmed as a true and correct record.

Carried

 

5            Reports

5.1         Solid Waste Bylaw Consultation

Agenda item 5.1 document number A3190598, pages 22 - 42 refers.

Resolution  2021/27

Moved:       Deputy Mayor Ann Court

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee:

a)      agrees, under section 160(3)(b)(ii) of the Local Government Act 2002, to consult on the continuation without amendment of the Solid Waste Bylaw in a manner that gives effect to the requirements of section 82 of the Local Government Act 2002, noting that Central Government is in the process of consulting and implementing several waste related proposals which may impact bylaw development.

b)      approves the Solid Waste Bylaw Proposal, including the bylaw, in attachment one and two, be made publicly available for the purpose of the consultation;

c)      agrees the period for making written submissions on the proposal will begin on 26 July 2021 end on 27 August 2021;

d)      agrees that if any person wishes to make an oral presentation of their submission, that presentation will take place on Tuesday 7 September 2021 and the hearing will be conducted by the whole Committee and delegates authority to change the date of the oral presentations to submissions if necessary, to the Chair;

e)      authorises the Chief Executive Officer to make minor changes to the Solid Waste Bylaw Proposal to correct grammatical or spelling errors, or formatting.

carried

In Favour:       Chairperson Rachel Smith, Crs David Clendon, Deputy Mayor Ann Court, Dave Collard, Felicity Foy, John Vujcich and Belinda Ward

Against:           Cr Kelly Stratford

 

5.2         Pou Herenga Tai Twin Coast Cycle Trail Bylaw Review

Agenda item 5.2 document number A3242948, pages 43 - 64 refers.

Resolution  2021/28

Moved:       Member Belinda Ward

Seconded:  Deputy Chairperson David Clendon

That the Strategy and Policy Committee recommend that Council:

a)      agree, under section 155(1) of the Local Government Act 2002, that a Bylaw is the most appropriate way of addressing problems related to the Pou Herenga Tai - Twin Coast Cycle Trail.

b)      agree, under section 155(2) of the Local Government Act 2002, that the current Pou Herenga Tai - Twin Coast Cycle Trail Bylaw is not the most appropriate form because:

i)       it is not consistent with relevant laws and legislation

ii)      it is not certain.

 

c)      agree, the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw be continued with amendment to:

i)       ensure consistency with relevant laws and legislation

ii)      improve certainty

 

d)      note, that under section 155(2) of the Local Government Act 2002, a full analysis of any implications regarding the Pou Herenga Tai - Twin Coast Cycle Trail Bylaw under the New Zealand Bill of Rights Act 1990 cannot be completed until the amendments to the bylaw have been written.

 

e)      agree that a draft policy for the Pou Herenga Tai Twin Cost Cycle Trail Bylaw be presented to the Strategy and Policy Committee in the first quarter of 2022 prior to consultation.

Carried

 

Suspension of Standing Orders

Resolution  2021/29

Moved:       Chairperson Rachel Smith

Seconded:  Cr Kelly Stratford

Agree that the Strategy and Policy Committee suspend standing orders 20.5 – Members May Only Speak Once.

Carried

Meeting adjourned 11:29am – 11:43 am

 

Resumption of Standing Orders

Resolution  2021/30

Moved:       Chairperson Rachel Smith

Seconded:  Cr Dave Collard

A motion was moved that Council resume standing orders.

Carried

 

5.3         Significant Natural Areas Project Options

Agenda item 5.3 document number A3260126, pages 65 - 71 refers.

Motion

Moved:       Cr Kelly Stratford

Seconded:  Chairperson Rachel Smith

That the Strategy and Policy Committee approve:

 

That the SNA project continues, with the refinement of Significant Natural Area maps occurring in the second half of 2021 before notification of the Proposed District Plan in December 2021. Rules relating to Significant Natural Areas will be included in the Proposed District Plan.

 

LOST

Motion

Moved:       Cr David Clendon

Seconded:  Chair Rachel Smith

That the development of the proposed District Plan continues with the removal of Significant Natural Areas mapping and replaces this with a suitable policy framework that gives effect to the existing suite of higher order planning instruments,

 

Or;

 

That the development of the proposed District Plan continues with the removal of Significant Natural Areas mapping and replaces this with a suitable policy framework that gives effect to the National Policy Statement Indigenous Biodiversity and notifying the Proposed District Plan within six months of its gazettal, which is expected in December 2021. In the event that the National Policy Statement Indigenous Biodiversity is not gazetted, the Proposed District Plan is notified in 2022 and gives effect to the relevant suite of higher order planning instruments, but excludes the mapping of Significant Natural Areas as a plan method.

Amendment

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the development of the proposed District Plan continues with the removal of Significant Natural Areas mapping and that the matter be brought back to the table at the conclusion of the Ministerial conversations currently underway.

CARRIED

Amendment

Moved:       Cr Felicity Foy

Seconded:  Cr John Vujcich

And that Far North District Council write to Northland Regional Council, to seek a formal response from their elected members, as to if the Northland Regional Council elected members will seek a plan change to change their Regional Policy Statement to reflect the concerns of the significant public feedback to FNDC about significant natural areas.

In Favour:       Crs Dave Collard, Felicity Foy and John Vujcich

Against:           Crs Rachel Smith, Ann Court, Kelly Stratford and Belinda Ward

lost 3/4

The amendment became the substantive motion.

Resolution  2021/31

Moved:       Deputy Mayor Ann Court

Seconded:  Cr John Vujcich

That the Strategy and Policy Committee approve that the development of the proposed District Plan continues with the removal of Significant Natural Areas mapping and that the matter be brought back to the table at the conclusion of the Ministerial conversations currently underway.

Carried

Deputy Chairperson Clendon left the meeting 12:08 pm

 

5.4         Appointed Member Allowances Policy

Agenda item 5.4 document number A3267254, pages 72 - 78 refers.

Resolution  2021/32

Moved:       Deputy Mayor Ann Court

Seconded:  Member Belinda Ward

That the Strategy and Policy Committee recommend that Council adopt of the Appointed Members Allowances Policy. 

Carried

6            Information Reports

6.1         Strategy and Policy Action Sheet Update July 2021

Agenda item 6.1 document number A3278597, pages 79 - 87 refers.

Resolution  2021/33

Moved:       Chairperson Rachel Smith

Seconded:  Cr John Vujcich

That the Strategy and Policy Committee receive the report Action Sheet Update July 2021.

Carried

7            Karakia Whakamutunga – Closing Prayer

Chairperson Smith closed the meeting with a karakia/prayer.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 12:27 pm.

 

The minutes of this meeting will be confirmed at the Strategy and Policy Committee Meeting to be held on 7 September 2021.

 

...................................................

CHAIRPERSON

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

5            Reports

5.1         Update of Policy - Appointment of Directors to Council Organisations

File Number:           A3326738

Author:                    Janice Smith, Chief Financial Officer

Authoriser:             William J Taylor MBE, General Manager - Corporate Services

 

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Strategy and Policy Committee to recommend Council agree to the updated Policy 2117 – Appointment and Remuneration of Directors for Council Organisations.

WhakarĀpopoto matua / Executive Summary

·      This policy was created in June 2003 and had not been updated for some time. A revised policy was put to this Committee in March 2021, but the decision was that further work was required, so the current June 2003 policy remains in place.

·      No updates have been made to reflect changes to Council Organisations covered by the policy nor changes to the names of Committees.

·      A report was presented to the Strategy & Policy Committee at their meeting on 23 March 2021 for consideration. The Committee asked that officers work with Councillors Smith, Vujcich and Clendon to amend the policy.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend Council approve the updated Policy 2117 – Appointment and Remuneration of Directors for Council Organisations.

 

1) TĀhuhu kŌrero / Background

Policy 2117 – Appointment and Remuneration of Directors for Council Organisations was originally developed in 2003 when Council was only responsible for Far North Holdings as a Council Controlled Trading Organisation. It has not been updated to reflect changes in either Council Organisations or Committee structures.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Policy 2117 is now required to cover a broader range of Council Organisations; this may also change in the future. Officers have worked with elected members to review the policy to ensure it provides for a clear process and covers all entities.

Take Tūtohunga / Reason for the recommendation

To update the policy to enable future appointment of Directors to Council Organisations.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no financial implications arising from this report.

Āpitihanga / Attachments

1.       Appointment and Remuneration of Directors for Council Organisations Policy Proposal Sept 2021 - A3326732  


 

Hōtaka Take Ōkawa / 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.

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / 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

Low.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Policy 2117 – Appointment and Remuneration of Directors for Council Organisations.

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.

Not applicable.

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.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

There are no specific implications for Māori.

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 (for example – youth, the aged and those with disabilities).

This is a specific policy relating to Council Controlled Organisations.

State the financial implications and where budgetary provisions have been made to support this decision.

None.

Chief Financial Officer review.

The Chief Financial Officer has prepared this report.

 

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

 

Purpose 


The purpose of this policy is to set out, in accordance with section 57 (1) of the Local Government Act 2002 (LGA), an objective and transparent process for the:

a)   identification and consideration of the skills, knowledge and experience required of directors of a council organisation.

b)   appointment of directors to a council organisation; and

c)   remuneration of directors of a council organisation.

 

Policy Objectives

The objectives of this policy are to ensure:

·    that the process of appointing board members to Council Controlled Organisations (CCO’s) of FNDC is undertaken in an objective and transparent manner, while protecting individual privacy.

·    that board appointments:

·    are made based on an assessment of skills, knowledge and experience, having regard to the nature of scope of the organisation’s objectives and activities.

·    consider the contribution that directors can make to the board as a whole and to the achievement of the organisation’s objectives and activities.

·    consider the context in which council, as a publicly accountable body operates.

·    continuity through smooth succession of board members and board chairs.

 

Other relevant legislation

In addition to this policy, the appointment and re-appointment of directors to Council Organisations are governed by their respective constitutions, trust deeds or, in some cases specific legislation. In the event of a conflict, the regulatory requirements of those documents take precedence over this policy.

 

Background

Candidate” is a person who has been nominated, submitted a written application or identified through search activities.

 

Council Organisation” is defined in section 6 of the LGA as an organisation in which the council has a voting interest or the right to appoint a director, trustee or manager (however described).

 

Council Controlled Organisation” is defined in section 6 of the LGA in which the council controls, directly or indirectly, 50% or more of the votes or has the right, directly or indirectly, to appoint 50% or more of the directors.

 

Board Diversity and Inclusion

Far North District Council (FNDC) values and supports the benefits that diversity of thought, experience and skills bring to our CCO boards as well as the council as a whole; that a culture of inclusion and diversity is cultivated through clear tone from the top, with the Council and elected members, SLT and boards championing diversity and inclusion in support of FNDC’s values.

 

FNDC recognises that increasing diversity and fostering inclusive board culture is an essential element in supporting high performing boards, driving long-term success, making improved decisions, and delivering better outcomes for the communities of the Far North District.

 

The board of a CCO should be made up of a diverse range of people who are able to bring relevant expertise to the organisation. For the board to be fully effective, it should comprise directors with a range of complementary skills and experience to ensure that ideas are challenged and tested, and that decision-making is robust.

 

All board appointments must collectively reflect the diverse nature of the environment in which FNDC and its CCOs operates and be made on merit in the context of the skills, experience and knowledge which the board requires to be effective.

 

FNDC is committed to supporting and/or providing initiatives:

 

·    that lead to an inclusive recruitment and selection process of board appointments.

·    support a diverse range of aspiring directors to develop skills, knowledge, board room experience and to establish relationships and networks; and

·    build a diverse pool of experienced directors for Far North District organisations

 

Policies

1. Eligibility

Council can consider any person as eligible to be a Director/Board Member provided that:

 

·    they have not been previously disqualified from being a director or board member within New Zealand.

·    they have not been convicted of a crime involving dishonesty.

·    they are not an undischarged bankrupt.

·    they are not a currently elected member of the Council

·    they are not a current employee of the Council.

 

2. Skills

The council considers that any person that it appoints to be a director of a CO should, as a minimum, have the following characteristics:

•     sound judgement and decision-making.

•     a public service ethos.

•     a high standard of personal integrity.

•     commercial and governance experience.

•     clear communication skills and an ability to debate in a reasoned manner.

•     The ability to build and maintain relationships.

•     effective teamwork and collaboration.

•     ability to think strategically.

•     risk assessment and contingency management.

•     commitment to the principles of good corporate citizenship.

•     understanding of the wider interests of the Council, as a publicly accountable shareholder.

 

3. Appointments Committee

 

As soon as practicable after each local body triennial election, or as otherwise required, the Council will establish an Appointments Committee for the purpose of recommending the appointment of directors to Council Controlled Organisations. The members of the committee will comprise the chairperson of the CCO board, an external commercial advisor (or similar) with relevant experience and knowledge, and up to two other members nominated by the Council. These members would ideally be Councillors with an interest in CCO’s and one of these appointees would be appointed as the Chair of the Appointments Committee.

 

Any recommendation made must be the unanimous decision of the committee.

 

4. Appointment Process

 

The Appointments Committee will prepare a list of possible candidates to be interviewed. In preparing the list, the committee will use several resources including, but not exclusively, public advertising, personal recommendations, and self-referrals, identifying individuals with the required skills and competencies.

The appointment committee will be responsible for:

·    approving the criteria against which applications will be assessed.

·    approving an independent recruitment consultant to assist with the selection process, if it decides it is warranted.

·    preparing a shortlist of candidates to interview.

·    interviewing the shortlisted candidates and evaluating them against the approved criteria; and

·    reporting on its assessment of each candidate against its criteria and recommending appointments of directors to council.

 

  When making this decision the committee will also consider:

•     The costs of any advertisement and process

•     The availability of qualified candidates

•     The urgency of the appointment (e.g. a CO that is without a quorum cannot hold board meetings).

 

The Appointments Committee will report to the Council on the outcome of the appointments process and the committee’s recommendations. The Council will be the final decision-maker.

 

The Council expects all participants in the appointment process to undertake the work required of them in a timely manner.

 

5. Final Appointment

 

The council will make the final decision in committee (thus protecting the privacy of natural persons).  Public announcement of the appointment will be made as soon as practicable after the council has made its decision. 

 

6. Reappointment

 

Where a director’s term of appointment has expired and he or she is offering him or herself for reappointment, the Appointments Committee will consult with the Chairperson of the CO with regard to:

•     Whether the skills of the incumbent add value to the work of the organisation

•     Whether there are other skills the organisation needs

•     The Director’s length of tenure

•     Succession planning

 

The Committee will then consider the information obtained and form a view on the appropriateness of reappointment or making a replacement appointment. The outcome of the review will be advised to Council, who will make the final decision in relation to re-appointment if appropriate.

 

Council may reappoint an existing director for a further term without activating the formal appointment process.  Where it is not intended to reappoint the incumbent, the appointment process outlined above will apply.

 

7. Removal of Directors

 

Council have the right to remove a Director if:

 

•     The Director becomes an undischarged bankrupt

•     The Director is convicted of a crime involving dishonesty

•     The Director is prohibited from managing a company by the Registrar of Companies

•     The Director is not acting in good faith.

•     The Director is unable to perform the duties as a Director

 

Should it be necessary to remove a Director the default process in the Companies Act 1993 would be followed unless the company constitution specifies a different process.

 

The default process is to:

•    call a shareholder meeting for the specific purpose of removing the director in question. There can be other purposes, but they must appear in the notice of the meeting. 

•    at the meeting, shareholders can remove the director through an ordinary resolution; and

•    if a majority of shareholders votes in favour of the resolution, it passes and the directors’ removal from their office becomes effective. 

 

 

 

 

8. Rotation of Directors and Length of Tenure

 

The Directorship shall be reviewed for appropriateness by the board of the relevant organisation each year. A statement advising that the review has been completed will be included in the Annual Report of the Company.

 

Directors will normally be appointed for periods of three years.  Subject to a review of the director’s performance after the first three-year period, the normal tenure for a director will be six years. 

 

Following six years of services, a director may be appointed for a further three years if the benefit of such an extension is considered to outweigh the potential advantages of seeking and appointing a new candidate. 

 

It is desirable that a director is not reappointed to the same organisation after nine years of service.

The board shall develop and maintain:

·    a skills and corporate knowledge matrix, identifying the skills currently represented by the board and clearly identifying those that need to be considered by a future appointment.

·    A succession plan to ensure that the tenure of Directors is reviewed in line with this policy

 

The above to be discussed and reviewed with the Shareholder at least once a year.

 

9. Appointment of a Chairperson

 

Subject to the constitution or trust deed of the CCO, Council will appoint the Chair of each CCO board, considering the experience and skills of the existing board.  Council will seek input from the current board members, as appropriate.

 

 If there is more than one suitable candidate on the current board, an appointment process and panel will be established as per the Appointment Process in section 4.

 

In general terms, the skills and attributes sought for CCO Chairs are the same as those sought for CCO Directors (see section 2), but in addition would include the following:

·    strong leadership skills, with the ability to work collaboratively with the board to create a sustainable enterprise.

·    ability to think in a visionary and strategic manner.

·    have a strong understanding of, and experience in, governance; and

·    ability to ensure that the organisation is accountable and delivers high quality products, facilities, and services.

 

10. Conflicts of Interest

 

Far North District Council expects that directors of Council-controlled organisations will avoid situations where their actions could give rise to a conflict of interest.  To minimise these situations, the council requires directors to follow the provisions of the New Zealand Institute of Directors’ Code of Ethics.  All directors are appointed ‘at the pleasure of the council’ and may be dismissed for breaches of this code.

 

11. Remuneration 

 

Far North District Council will decide whether directors on CCO boards are to be remunerated.  The level of remuneration of directors will be set by council in accordance with the factors below.

 

To ensure transparency, fees will be set by the council for the board members and Chairs, rather than allocating a pool to be distributed by the board.  Fees are to be met from the council organisation’s own resources.

 

The council supports the payments by CCOs of directors’ liability insurance and the indemnification of directors.

 

·    Level of remuneration

 

Where CCO directors are remunerated, the level of remuneration will be set taking into account the following factors:

 

·    the need to attract and retain appropriately qualified directors

·    the levels of remuneration paid by comparable organisations in New Zealand

·    any changes in the nature of the CCO’s business

·    any other relevant factors.

 

Remuneration of directors of all CCOs will be reviewed at least once per triennium, or whenever the performance of the CCO or the role of the CCO and its board changes significantly.

 

12. Review

 

This Policy is to be reviewed by the Assurance, Risk and Finance Committee provided this is a delegated function of the Committee. If Council does not provide for this delegation at each triennium then the policy will be reviewed by Council.

The policy will be reviewed:

•     Every three years or

•     At the request of the Chair of the Assurance, Risk and Finance Committee or

•     At the request of the Board of the CCO

•     In response to a change in legislation or statutory requirements.

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

5.2         Vehicle Crossings Bylaw - Recommendations for Making the New Bylaw

File Number:           A3367916

Author:                    Donald Sheppard, Sustainability Programme Coordinator

Authoriser:             Darren Edwards, General Manager - Strategic Planning and Policy

 

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Strategy and Policy Committee to recommend Council adopt the proposed Vehicle Crossings Bylaw under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998.

WhakarĀpopoto matua / Executive Summary

·        On 21 May 2020, the Council agreed a bylaw is the most appropriate way to regulate vehicle crossings in the Far North District.

·        On 20 October 2020 the Strategy and Policy Committee agreed to release a proposal for a new Vehicle Crossings Bylaw for public consultation.   

·        This consultation took place in two stages: 1) written submissions were received from 2 to 28 November 2020; 2) oral submissions were heard by the Strategy and Policy Committee on 23 March 2021.

·        Council staff have analysed the submissions and made recommended changes to the draft bylaw (see Attachment 1, Analysis of Submissions and Recommendations). 

·        The general theme of the submissions was that on occasion the council should be more flexible, reasonable and ‘light-handed’ in regulating vehicle crossings and council staff agreed with this approach, noting, however, that flexibility should be the exception, not the norm.

·        Attachment 2 is the final draft of the new bylaw for adoption.

·        The recommended new bylaw has some changes compared with the previous (now revoked) Control of Vehicle Crossings Bylaw 2010 and to the way vehicle crossings have been managed since this Bylaw was revoked, for example with:

o       New terminologies (for example, a permit becomes an approval)

o       New definitions (for example, temporary crossings are defined more clearly)

o       A change to the scope of what is covered (for example, the bylaw will not cover minor repairs or maintenance of crossings)

o       More detail on the procedures which council must follow (for example, to manage applications and objections etc)

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend Council:

a)    agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i)          No changes are made to clauses 12, 15, 16, 18, 21, 22 and 23 in the draft bylaw.   

ii)         Clause 4 is changed by:

1)      Adding the words “reconstruction, upgrading and relocation” after the word “construction”

2)      Deleting the words “and repair” after the words “and relocation”;

3)      Inserting the word “vehicular” after the words “vehicle crossings giving”;

4)      Adding the words “or another design approved by the council” after “engineering standards for vehicle crossings”.

iii)        Clause 5 is changed by:

1)      Deleting the definition of berm;

2)      Adding to the definition of vehicle crossing, the words “, but does not include paddock entrances with less than ten (10) stock movements per month” after “accessing the property”;

3)      Deleting subclause (2) and replacing with a new Clause 2:

“2. Related information boxes

Boxes headed ‘Related information’ in this bylaw are for information purposes only, and –

(a)     they do not form part of the bylaw; and

(b)     cannot be considered in the interpretation or application of a provision of this bylaw; and

(c)     may be inserted, amended or removed without formality”

4)      Adding a “related information box” referring to a new diagram to supplement the written definition of a vehicle crossing:

“The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw”.

iv)        Clause 6 is changed by:

1)      In subclause (1), deleting the word “widen” and replacing with the word “upgrade”;

2)      In subclause (2), replacing the word “widened” with “upgraded”;

3)      In subclause (2), adding the words: “, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974” after “has been granted for this work”;

4)      Adding a new subclause (3): “An approval is not required to conduct minor repairs or to maintain a vehicle crossing”;

5)      Adding further information to the “related information” box as follows:

“Approvals are required for:

·    Construction i.e. building a new vehicle crossing

·    Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

·    Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

·    Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

·    Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

·    Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Whether or not an approval is required for work on the vehicle crossing, a Work Access Permit is required for all work on the road corridor (see clause 17). This is required under the National Code of Practice for Utility Operators' Access to Transport Corridors”.

v)         Clause 7 is changed by:

1)      Adding “or other council-approved design” after “appropriate engineering standard”;

2)      Adding “Council will respond to the applicant in 30 working days or less” after “the proposed vehicle crossing”.

vi)        Clause 8 is changed by:

1)      Adding the words “in its sole discretion” after “may grant an approval”;

2)      Adding the words “or other design approved by the council” after “the appropriate engineering standard”;

3)      Adding a new paragraph (b): “the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or damage to the environment”.

vii)       Clause 9 is changed by:

1)      Adding the words “or other design approved by the council” after “appropriate engineering standard” in paragraph (a);

2)      Adding the words “or other design approved by the council” after “specified engineering standard” in paragraph (b);

3)      Replacing the word “mention” with “notice” in paragraph (b).

viii)      Clause 10 is changed by:

1)      Adding a “related information box” below paragraph (a).

“Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.”;

2)      Adding the words “the positioning of grates, and compliance with any covenants relating to the site” after “sump or utility connection” in paragraph (b).

ix)        Clause 11 is changed by:

1)      Adding the words “at a time” after “twelve (12) months” in subclause (1);

2)      Adding a “related information box” after subclause (2):

“If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system”.

x)         Clause 13 is changed by:

1)      Deleting the words “twelve (12) months” and replacing with the words “3 years” in subclauses (1) and (2).

xi)        Clause 14 is changed by:

1)      Deleting the words “to another person or” and add the words “or to a different location at the property concerned” after the words “to another property” in subclause (2);

2)      Adding a new subclause (3): “Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer”.

xii)       Clause 19 is changed by:

1)      Deleting the word ‘repair’ from subclause (1);

2)      Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover observed issues with the vehicle crossing such as safety concerns, and the crossing’s current and intended future use”.

xiii)      Clause 20 is changed by:

1)      Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier and will ascertain what is the crossing’s current and intended future use, if any”.

b)    agree the Vehicle Crossings Bylaw in Attachment 2:

i)     is the most appropriate form of bylaw; and

ii)    does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c)      under section 145 of the Local Government Act 2002 and section 22AB(zk) of the Land Transport Act 1998, make the Vehicle Crossings Bylaw in Attachment 2.:

 

 

1) TĀhuhu kŌrero / Background

On 21 May 2020, the Council resolved that a new bylaw is appropriate to regulate vehicle crossings in the Far North District (Resolution 2020/30 refers).

Subsequently, on 20 May 2020 the Strategy and Policy Committee approved a proposal for a new Vehicle Crossings Bylaw to be released for public consultation (Resolution 2020/15 refers).

This consultation took place in two stages: 1) twenty-one written submissions were received from 2 to 28 November 2020; 2) 3 verbal submissions were heard by the Strategy and Policy Committee on 23 March. 

From the 21 submissions received, 3 supported the proposed bylaw in full, 15 submissions requested changes to the bylaw and 3 submissions had mixed views, both positive and negative.

 

The main theme from these submissions is that the bylaw needs to be more flexible in some circumstances.  Staff agree that it is possible for the bylaw to provide more flexibility in the areas suggested in the submissions without compromising the objectives of the bylaw (to protect the public from nuisance; to protect, promote and maintain public health and safety; and to protect council’s assets from damage).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of the bylaw

The report in Attachment 1 summarises the submissions and makes recommended changes to the draft bylaw for Council to consider.  If these recommendations are agreed to, Council staff advise that the Vehicle Crossings Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

As required by section 155(2)(b) of the Local Government Act 2002, before a local authority makes a bylaw, it must determine whether the proposed bylaw has any implications under the New Zealand Bill of Rights Act 1990.

An initial assessment of these implications was included in the Vehicle Crossings Bylaw Proposal for Consultation [Objective reference: A2959774]. This assessment said: 

“It is considered that the proposed bylaw seeks to impose fair, reasonable and justifiable controls on vehicle crossings and there are no known implications in relation to the New Zealand Bill of Rights Act 1990”.

None of the recommended changes in the report in Attachment 1 have new implications under the New Zealand Bill of Rights Act 1990. Therefore, the initial assessment is now a final assessment and Council staff consider there are no known implications in relation to the New Zealand Bill of Rights Act 1990.

Changes resulting from the new bylaw

The recommended new bylaw has some changes compared with the previous Control of Vehicle Crossings Bylaw 2010 and compared with the way vehicle crossings have been managed since this Bylaw revoked.  The new bylaw has:

•      new terminologies (for example, a permit becomes an approval);

•      new definitions (for example, temporary crossings are defined more clearly);

•      some changes to its scope (for example, the bylaw will not cover minor repairs or maintenance of crossings);

•      more detail on the procedures which council must follow (e.g. to manage applications and objections, to remove redundant crossings etc).

In addition, ideally the application process should move online to provide convenience to applicants such as the ability to upload photographs and drawings.

Take Tūtohunga / Reason for the recommendation

Under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998, the Vehicle Crossings Bylaw in attachment 2 can be made, because, following the changes recommended in the report in Attachment 1, it:

(a) is an appropriate form of bylaw; and

(b) does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

The cost of implementing the new bylaw is covered by current operational budgets.

Āpitihanga / Attachments

1.       Vehicle Crossings Bylaw Submissions Analysis and Recommendations - A3284404

2.       Final new vehicle crossing bylaw for adoption - A3314854  


 

Hōtaka Take Ōkawa / 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.

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / 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

The vehicle crossings area has a relatively low degree of significance for the following reasons:

•      Only a small number of individuals are involved each year with around 120 new crossings constructed annually.

•      This area is not of high public interest or a controversial area.

•        There is no evidence of divided community opinion on the matter.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

Chapter 15.1.16C in the District Plan covers access to properties and council’s engineering standards provide standards for the proper construction of vehicle crossings.

In the ‘status quo’ section of the Options Report presented to the Council on 21 May 2020 [Objective reference A2856590], the legislation and policies that relate to the decision are described and assessed. This includes national legislation as well as the District Plan and Council's engineering standards.

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.

As this is a District-wide issue, it is not a matter that can be dealt with by the Community Boards.

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.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

Vehicle crossings have no implications for Māori that are different from other people in the District.

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 (for example – youth, the aged and those with disabilities).

Property owners had the opportunity to provide their views on the proposed new bylaw, which was publicised online.

In addition, property developers, roading engineers and roading contractors were specifically asked for their feedback on the draft bylaw via email.

State the financial implications and where budgetary provisions have been made to support this decision.

The cost of implementing the new bylaw is covered by current operational budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Vehicle Crossings Bylaw

Staff report on submissions and recommendations for consideration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·                CONTENTS

·                                                                                                                                                                                                                                                                                                   Page number

1. Background. 1

2. Summary of submissions. 1

3. Analysis and recommendations. 2

3.1 Clauses where no submissions were made. 2

3.2 Staff recommendation for drafting clarification. 2

3.3 Submissions on clauses in the draft bylaw.. 3

Appendix 1 – list of submissions received. 20

·                 

 


1. Background

On 21 May 2020, the Council agreed a bylaw is the most appropriate way to regulate vehicle crossings in the Far North District.  On 20 October 2020 the Strategy and Policy Committee agreed to release a proposal for a new Vehicle Crossings Bylaw for public consultation.  The period for making written submissions on the proposal began on 2 November 2020 and ended on 28 November 2020.  Twenty-one submissions were received and three of the people who made submissions asked to be given the opportunity to make an oral presentation of their submissions.  The Strategy and Policy Committee heard those presentations on 23 March 2021.

This report analyses the submissions received and makes recommendations for amendments to the draft Vehicle Crossings Bylaw. A numbered list of people who made submissions is included in the Appendix and these numbers are used to refer to the individual submissions. 

Staff from the following teams contributed to the analysis in this report:

·    Strategy Development

·    Northern Transport Alliance

·    Environmental Services

·    Infrastructure Programme Delivery.

 

2. Summary of submissions

From the 21 written submissions received, 3 submissions supported the proposed bylaw in full (3, 10 and 11), 15 did not fully support the draft bylaw and requested changes (2, 4, 5 to 9, and 12 to 19) while 3 had mixed views both positive and negative (1, 20 and 21). Those with mixed views tended to suggest changes reflecting their individual points of view, for example, submission 21 from a forestry company made suggestions relating to the particular needs of the forestry industry.

 

Examples of comments from the submissions that supported the draft bylaw are:

“Poor quality crossings in the District cause significant road damage and nuisance.”

“Important in more populated areas.”

 

A number of submissions discussed in section 3.2 of this report said that greater flexibility may be occasionally needed in the bylaw wording. One submission (20) referred to case law (McCarthy v Madden (1914) 33 NZLR 1251, 1268) that states bylaws must be reasonable and said, “that anything other than a light-handed bylaw would be found to be unreasonable”.

 

Staff analysis 

Council staff agree flexibility and reasonableness need to be considered in creating legislation and over-regulation must be avoided.  Staff also agree it is possible for the bylaw to provide more flexibility in the areas suggested in the submissions, without compromising its objectives: to protect the public from nuisance; to protect, promote and maintain public health and safety; and to protect council’s assets from damage. 

 

Staff recommendation

To provide more flexibility, staff have recommended the following changes to the bylaw that are discussed in detail in section 3.2 of this report:

·   the current engineering standards will apply to the design and construction of most vehicle crossings but, on occasion, other council-approved designs may be allowed (see clauses 7, 8 and 9)

·   unformed crossings used to move stock will not need to be constructed to the standard required for vehicle access (see clause 5)

·   temporary crossings used by the forestry industry will not need to be removed if they are required in the future (see clause 11)

·   minor repairs and maintenance will not require approval from the council (see clause 8).

 

3. Analysis and recommendations

The following section lists specific submissions that relate to the clauses in the draft bylaw, analyses these submissions and makes recommendations regarding the bylaw wording.

 

3.1 Clauses where no submissions were made

No submissions were made about the following clauses in the draft bylaw and Council staff recommend no changes to these clauses:

·    Clause 12. Withdrawing an application

·    Clause 15. Suspending or cancelling an approval

·    Clause 16. Other obligations not affected

·    Clause 18. Construction requirements

·    Clause 21. The council may improve a vehicle crossing

·    Clause 22. Objections

·    Clause 23. Compliance and enforcement.

 

3.2 Staff recommendation for drafting clarification

Council staff recommend a minor drafting change to describe what the “Related information” boxes in the bylaw do. This description is better placed at the start of the bylaw, rather than in Clause 5 (Interpretation) and could be worded more clearly. 

 

Recommendation:

Delete subclause (2) in Clause 5 (Interpretation) and include a new Clause 2 as follows:

“2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a)    they do not form part of this bylaw; and

(b)   cannot be considered in the interpretation or application of a provision of this bylaw; and

(c)    may be inserted, amended or removed without any formality.

 

This change will result in all subsequent clauses in the bylaw being renumbered.  However, this report uses the clause numbers as they were in the draft bylaw that was published for consultation.

 


 

3.3 Submissions on clauses in the draft bylaw

 

Clause 4 Purpose

Clause 4 states the purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction and repair of vehicle crossings by requiring compliance with the council’s engineering standards for vehicle crossings.

 

Submissions received

Four submissions were received about clause 4 as follows:

·   Clarification is needed that the bylaw applies to vehicular crossings only, not to moving stock (submission 20)

·   Application of the engineering standards should reflect the condition of the road (submissions 1, 16 and 20)

·   ‘Repair’ should be removed from the bylaw (submission 21).

 

Staff analysis

In the Interpretation clause of the draft bylaw (clause 5), vehicle crossings are defined as crossings used by motor vehicles accessing a property. These crossings apply to vehicles, not to stock movements. However, adding the word ‘vehicular’ in Clause 4, will make this distinction even clearer.

 

Council staff agree that on occasion council-approved designs other than the engineering standards may apply, for example, for some crossings on isolated rural roads. However, this would be the exception, not the rule.

 

The word ‘repair’ was included in clause 4 by mistake. The correct description of activities covered by the regulation is in clause 6, namely the “use, construction, reconstruction, upgrading and relocation” of vehicle crossings.

 

Staff recommendation

Amend clause 4 as follows:

1.   Add the words “reconstruction, upgrading and relocation” after the word “construction”

2.  Delete the words “and repair”.

3.   Insert the word “vehicular” after the words “vehicle crossings giving”.

4.   Add the words “or another design approved by the council” after “engineering standards for vehicle crossings”.

 

“Tracked changes” to the clause as recommended to be amended

The purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction, reconstruction, upgrading and relocation and repair of vehicle crossings giving vehicular access from roads to properties located within the Far North District by requiring compliance with the council’s engineering standards for vehicle crossings or another design approved by the council.

 


 

Clause 5. Interpretation

Clause 5 contains definitions of the terms used in the bylaw.

 

Submissions received

(1)                         Submission 20 commented on two of the definitions, “berm” and “vehicle crossing”, as follows:

·    the word “road” would be better than “street” in the definition of “berm”

·    the definition of “vehicle crossing” should be changed to exclude unformed crossing places such as where a farmer makes a gate out of fencing materials in order to occasionally move stock.

 

Staff analysis

The definition of berm was included by mistake.  The word is not used in the bylaw.

 

Council staff agree that unformed occasionally-used crossings used to move stock do not need to be regulated. These crossings typically involve extremely light vehicle use such as a farmer riding a quad bike. Whangārei District Council refers to these crossings as “paddock entrances” and excludes them from its vehicle crossing regulation. 

 

Council staff also consider the definition of vehicle crossing could be made clearer by including a diagram from the District Plan in a Schedule to the bylaw.

 

Staff recommendations

Amend clause 5 as follows:

1.   Delete the definition of berm.

2.   In the definition of vehicle crossing:

(a) add the words “, but does not include paddock entrances with less than ten stock movements per month”

(b) add a “related information box” referring to a new diagram in the Schedule that illustrates the definition

Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

3. Add a new schedule including diagram 1.

 

“Tracked changes” to the clause as recommended to be amended

(2)                         Berm is the area between a property boundary and the street; it can include both sides of a footpath.

Vehicle crossing means the area of driveway, whether temporary or permanent, between a road and a private property boundary, intended for use by motor vehicles accessing the property, but does not include paddock entrances with less than ten stock movements per month.


Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

 


 

Schedule

Part 1                                                                                         Clause 5 Interpretation

Diagram 1


Clause 6. An approval is required for a vehicle crossing

This clause says that people wishing to construct, reconstruct, widen or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council. This does not apply where a resource consent for a subdivision has been granted for this work.

 

Submissions received

Three submissions were made regarding this clause:

·    The bylaw should better define construct and reconstruct (submission 20)

·    Maintenance should be excluded from the bylaw (submissions 16 and 21). Submission 21 referred to maintenance as the reconstruction of a crossing before it will be used for harvesting a forestry block.

·    Submission 21 said that the application process should be streamlined, using an online approach.

 

Staff analysis

Council staff consider that legal definitions of the activities relating to vehicle crossings are not needed, as these are commonly used words.  However, it may help people to understand what the activities are if some examples are given of these activities.  Staff also consider the word “upgrade” should be used instead of “widen” because it is a broader term involving a variety of changes to the crossing, including widening.

 

Maintenance is not referred to in clause 6.  Giving examples of what maintenance involves will clarify that this does not refer to the reconstruction of a crossing as indicated in submission 21.

 

Staff also consider the bylaw should make it clear an approval is not required where permission is granted by the council relating to a private road or private right-of-way under section 348 of the Local Government Act 1974.

 

The application process, including online options, will be addressed in the implementation of the new bylaw.

 

Staff recommendations

Amend clause 6 as follows:

1. In subclause (1), replace the word “widen” with “upgrade”.

2.   In subclause (2), replace the word “widened” with “upgraded” and add the words: “, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974” after “for this work”.

3.   Add a new subclause (3): An approval is not required for minor repairs or to maintain a vehicle crossing.”

4.   Add the following text to the “related information” box: 

Approvals are required for:

·    Construction i.e. building a new vehicle crossing

·    Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

·    Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

·    Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

·    Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

·    Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

 


“Tracked changes” to the clause as recommended to be amended

(1) Every person wishing to construct, reconstruct, widen upgrade or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council.

(2) An approval is not required for a vehicle crossing constructed, reconstructed, widened upgraded or relocated as part of a subdivision or land use consent, where a resource consent has been granted for this work, or permission has been provided by the council relating to a private road or private right-of-way under section 348 of the Local Government Act 1974.

(3) An approval is not required for minor repairs or to maintain a vehicle crossing.

(34) Every application for an approval must be made by a person who has the legal authority to deal with the property accessed by the vehicle crossing (“the applicant”) and: 

(a) be in the form required by the council; and

(b) include all the information required by the form; and

(c) be accompanied by the applicable fee listed in the council’s Fees and Charges Schedule.

Related information

Forms for applying for a permit can be found on the council’s website at Vehicle Crossing Application Form or picked up at any Council office.

The current Fees and Charges Schedule can be found on the council’s website or a copy can be viewed at any Council office.

Approvals are required for:

·    Construction i.e. building a new vehicle crossing

·    Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

·    Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

·    Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

·    Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

·    Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.


Clause 7. Assessment of an application

Clause 7 states the council will assess the information provided in an application to determine the appropriate engineering standard that should apply to the crossing.

 

Submissions received

Two submissions were received regarding this clause as follows:

·    The engineering standards will be too stringent in some cases “the standard should be applied proportionally, depending on the standard of the relevant public road” (submission 20).

·    The bylaw should state how long it will take for council to respond to the application (submission 12).

 

Staff analysis

Council staff agree that some flexibility should be allowed in determining the design and specifications for a particular crossing.

 

Staff also agree that it is fair to applicants to state how long the response will take. A time of up to 30 working days is recommended to allow for assessing complex applications. This timing is built into the council’s current arrangement with Haigh Workman to process these applications; however, in many instances the response is faster than 30 days.   Currently, in order to keep costs down for the council, Haigh Workman try to be efficient and conduct vehicle crossings inspections when they have other work to do in an area, and, reducing this timeframe would mean Haigh Workman would need to spend more hours doing this work at significantly more cost to council.

 

Staff recommendations

Amend clause 7 as follows:

1.   Insert, after the wordstandard”, the words “or other council-approved design”.

2.   Add the words “The council will respond to the applicant in 30 working days or less”.

 

“Tracked changes” to the clause as recommended to be amended

The council will assess the information provided in an application to determine the appropriate engineering standard or other council-approved design that should apply to the proposed vehicle crossing. The council will respond to the applicant in 30 working days or less.

 


 

Clause 8. Granting an approval

This clause says the council may grant an approval if the information provided in the application is sufficient to determine the appropriate engineering standard.

 

Submissions received

No submissions referred specifically to this clause; however, submissions 1, 16 and 20 suggested the bylaw could be more flexible regarding the application of the engineering standards.

 

Staff analysis

Council staff agree more flexibility may be allowed regarding the design specifications of vehicle crossings, but this should be the exception, not the rule.

Legal advice was received that this clause should state that granting an approval is at council’s sole discretion and mention should be made of other considerations such as road safety and negative impacts on the environment.

 

Staff recommendation

Amend clause 8 by adding the words “in its sole discretion” after “may grant an approval”;

Amend paragraph (a) by inserting, the words “or other design approved by the Council” after the words “engineering standard”;

Include a new paragraph (b): “the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and”.

 

“Tracked changes” to the clause as recommended to be amended

The council may grant an approval in its sole discretion if:

(a)  the information provided in the application is sufficient to determine the appropriate engineering standard or other design approved by the Council for the vehicle crossing; and

(b)  the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and

(c)   the applicable fee has been paid to the council.

 


 

Clause 9. Content of an approval

Clause 9 says that an approval will state: a) the appropriate engineering standard applicable for the vehicle crossing, b) that the council will inspect the vehicle crossing, c) that a Work Access Permit is required to work on the road corridor (see clause 17).

 

Submissions received

Three submissions (1, 16 and 20) asked for the Council to use its discretion in applying the current engineering standards in some circumstances, such as a crossing on a little-used unsealed road.

 

Staff analysis

Council staff agree more discretion and flexibility should be allowed in the bylaw. A minor drafting change is also recommended in paragraph (b).

 

Staff recommendations

1.    Amend paragraphs (a) and (b) by inserting, after the word “standard”, the words “or other design approved by the council”.

2.    Replace the word “mention” with “notice” in paragraph (b).

 

“Tracked changes” to the clause as recommended to be amended

An approval will include:

(a) a statement as to the appropriate engineering standard or other design approved by the council applicable for the vehicle crossing which must be followed in the design and construction of the vehicle crossing;

Related information

The council’s current engineering standards are published on the council’s website at Engineering Standards and Guidelines or can be picked up at any Council office.

(b) mention notice that the council will inspect the vehicle crossing to make sure it meets the specified engineering standard or other design approved by the council and any other conditions included in the approval;

(c) information on how to obtain a Work Access Permit which is required to access the road corridor and commence construction (see clause 17).

 

 


 

Clause 10. Additional approval conditions

Clause 10 says that the council may include additional condition/s in an approval, including:

·    relevant provisions from Chapter 15 (Transportation) of the Far North District Plan  

·    other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection 

·    conditions relating to a temporary vehicle crossing.

 

Submissions received

Two submissions (8 and 21) said the Council should be more specific regarding subclauses (1) and (2) because they are too broad or vague and therefore could result in the Council putting onerous conditions on approvals.

 

Staff analysis

Council staff agree that these provisions could be seen as too broad. However, staff note that there is an objection process described in clause 22 of the bylaw if an applicant thinks a condition is unreasonable. Secondly, they note that this is the flip-side of the flexibility that people want - if there is going to be broader scope for how crossings can be designed, then the Council needs the ability to apply appropriate conditions regarding the design.

 

However, staff recommend explaining what Chapter 15 of the District Plan covers and providing more examples of other conditions that may be covered by paragraph (b) to demonstrate that such conditions will be relevant and reasonable.

 

Staff recommendations

Amend clause 10 by:

1.   Adding a “related information box” after paragraph (a) as follows:

Related information

Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.

2.   In paragraph (b) insert after the word “connection”, the words “the positioning of grates, and compliance with any covenants relating to the site”.

 

“Tracked changes” to the clause as recommended to be amended

The council may include additional condition/s applying to an approval:

(a)  regarding any relevant provisions from Chapter 15 (Transportation) of the Far North District Plan;  

Related information

Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.

(b)  any other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection, the positioning of grates, and compliance with any covenants relating to the site etc;

(c)  a temporary vehicle crossing may be subject to additional conditions relating to where the crossing is situated, the purpose of the crossing, how long the temporary crossing will be in place; the effects of the crossing on normal usage of the road; and the design and materials used in its construction.


 

Clause 11. Temporary vehicle crossings

Clause 11 states that approval is needed for a temporary vehicle crossing, defined as a crossing that will be needed for no longer than twelve months.  Once the temporary vehicle crossing has fulfilled its purpose, it must be removed within three months to the council’s satisfaction at the expense of the owner or occupier.

 

Submission received

Submission 21 suggested three changes to how temporary crossings are handled in the bylaw:

·    Notification of a temporary vehicle crossing to council should be satisfactory in itself and approval (including the fee) for a temporary vehicle crossing should be unnecessary

·    Council should list standard criteria or standards for temporary crossings so they can be constructed without approval and without incurring a fee

·    In the forestry sector, a crossing may be used once every five to fifteen years, and this should be allowed for.

 

Staff analysis

Although a crossing may be temporary, it could still cause safety issues and potential damage to drains and the road during heavy rain if not constructed to suitable standards.  Therefore, an approval from the council with relevant conditions is necessary for temporary crossings.  Many factors go into determining the design specifications for temporary crossings, including:

·      The purpose of the crossing and how long it will be in place

·    The type/s of vehicles that will use the crossing

·    Safety considerations such as the amount of traffic on the road involved and the sight lines for the crossing

·      The surface of the road concerned and the nature of the adjacent drains

·      The proximity of the crossing to utility lines etc

Because of the number of factors involved, allowing these crossings to be constructed with no approval needed based on a set of standard designs is not practical.

 

Council staff agree the bylaw should allow for the long rotation use of temporary crossings, for example by the forestry sector.

 

Staff recommendations

Amend clause 11 as follows:

1.   In subclause (1), insert, after the word “months”, the words “at a time”.

2.   Add a “related information box” after subclause (2) as follows:

Related information

If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system.

 

“Tracked changes” to the clause as recommended to be amended

(1) An approval is required for a vehicle crossing needed for a purpose, such as forestry harvesting or building construction, where activity will occur for no longer than twelve (12) months at a time (“temporary vehicle crossing”).

(2) Once a temporary vehicle crossing has fulfilled its purpose, it must be removed within three (3) months. Removing this crossing and any reinstatement work must be conducted to the council’s satisfaction at the expense of the owner or occupier.


 

Related information

If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system.

 


 

Clause 13. Duration of an approval

Clause 13 states approvals granted under the bylaw have a duration of twelve months and during this time the work must be completed to the satisfaction of the Council.  If the work is not completed within this period, the owner or occupier must apply for a new approval before work can continue.

 

Submission received

Submission 9 suggested making approvals indefinite in duration to be flexible and agile.

 

Staff analysis

An indefinite approval is not practicable because circumstances may change that make the approval inappropriate, for example, changes to the engineering standards.  However, Council staff consider the duration could be up to three years because work on a crossing can be delayed for many reasons. 

 

Staff recommendation

Amend clause 13(1) and (2) by omitting the words “twelve (12) months” and substituting the words “3 years”.

 

“Tracked changes” to the clause as recommended to be amended

(1) All approvals granted under this bylaw have a duration of twelve (12) months 3 years, during which time the work shall have been completed to the satisfaction of the council.

 (2) If the work is not completed to the satisfaction of the council within twelve (12) months 3 years, the owner or occupier must apply for a new approval before work can continue. The re-application fee is listed in the council’s current Fees and Charges Schedule.


 

Clause 14. Amending or transferring an approval

Clause 14 states approvals are not transferable.

 

Submission received

Submission 9 suggested transfers should be allowed from one owner to the next owner of the same property.

 

Staff analysis

Council staff agree approvals should be able to be transferred from one owner to the next owner of the property.  However, transfer from an approved site on the property to another site on the same property should be prevented.

 

Staff recommendation

Amend clause (2) by:

1.   Deleting the words “to another person or”.

2.   Adding the words “or to a different location at the property concerned”.

Add a new clause (3): “Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer”.

 

“Tracked changes” to the clause as recommended to be amended

(1) A person granted an approval may, at any time within the duration of the approval, apply to the council to amend the approval or its conditions.  An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications specified.  In this instance, council may require, at its sole discretion, a new fee to be paid depending on the nature of the amendment sought.

(2) Approvals are not transferable to another person or to another property or to a different location at the property concerned.

(3) Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer.

 


 

Clause 19. Vehicle crossings that are unsafe or in disrepair

Clause 19 states the council may give notice to the owner or occupier of a property to remove, repair or reconstruct a crossing at the expense of the owner if it is unsafe or in disrepair.

 

Submissions received

Four submissions were received regarding clause 19.  One (submission 4) supports the clause, but another (submission 13) said the clause is not needed, because the Council or Waka Kotahi should repair the crossing.  Submission 6 also said the clause was not needed because the Council can already inspect a crossing and require an upgrade without a bylaw.  Submission 21 requested the council recognise the special needs of the forestry sector such as long periods of up to 15 years between use of a crossing and suggested that before the Council issues a notice it should consult with the owner or occupier.

 

Staff analysis

To be consistent with the change made to clause 4 (purpose) and the definitions included in clause 6 (related information) the word “repair” should be deleted from clause 19(1).

 

Submission 6 is correct; the council can already inspect a vehicle crossing and require an upgrade without a new bylaw. This is possible, for example, under section 17 of the Resource Management Act 1991 (duty to avoid, remedy and mitigate adverse effects) or under section 11A of the Local Government Act 2002 (core services) which says that a local authority must have particular regard to the contribution that network infrastructure including roading, makes to its communities. However, the council has received legal advice that including this provision in a bylaw will provide an easier and more direct mechanism to require remedial work.

 

The bylaw only covers vehicle crossings on council’s roads and does not apply to crossings on the state highways administered by Waka Kotahi.   Although vehicle crossings are part of the road corridor, the property owner gets the benefit of their use in providing access to and from their property, so it is reasonable for the property owner to pay for their reconstruction or removal, rather than the council.

 

Council staff agree that requiring removal of a crossing that will be used again in many years’ time by the forestry industry would be unfair. Therefore, staff are in favour of introducing criteria such as consulting with the owner or occupier regarding the intended use of the crossing before issuing a notice to remove a crossing.

 

Staff recommendations

Amend clause 19 by:

1.   In subclause (1) deleting the word “repair”.

2.   Inserting a new subclause (2):

“(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover observed issues with the vehicle crossing such as safety concerns, and what is the crossing’s current and intended future use.”

 

“Tracked changes” to the clause as recommended to be amended

(1) If at any time, in the opinion of the council, a vehicle crossing does not comply with the engineering standards, the council may, by written notice addressed to the owner or occupier of the property to which the crossing gives access, require the owner or occupier to remove, repair or reconstruct the crossing within the time period specified in the notice to the satisfaction of the council.

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover observed issues with the vehicle crossing such as safety concerns, and what is the crossing’s current and intended future use.

(2) (3) If the recipient of such a notice fails to comply with that notice within the prescribed time, the council may arrange for such removal, repair or reconstruction to be carried out and may charge the owner or occupier for the full costs of such work, including reasonable administration costs.  


 

Clause 20. Redundant or excessive vehicle crossings

Clause 20 allows the council to remove a vehicle crossing that is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, at the expense of the council.

 

Submission received

Submission 21 requested the council recognise the special long rotation needs of the forestry industry before removing a crossing.

 

Staff analysis

Exceptions for long rotation forestry use of a crossing seem sensible as a crossing that may appear to be redundant to Council staff may indeed be used many years later for forest harvesting. As recommended for clause 19, staff suggest adding a subclause to say that before serving notice, the council will consult with the owner or occupier.

 

Staff recommendation

Amend clause 20 by adding a new subclause (2):

“(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any.”

 

“Tracked changes” to the clause as recommended to be amended

(1) Where the council is satisfied that a vehicle crossing is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, the council may serve notice upon the owner or occupier that the council will remove this crossing at the expense of the council.

Related information

This clause is made under section 335(9) of the Local Government Act 1974

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any.


 

Clause 24. Offences and penalties

Clause 24 lists possible penalties a) under the Local Government Act 2002 of a fine not exceeding $20,000 and b) under the Land Transport Act 1998, of a fine not exceeding $1,000.

 

Submissions received

Two submissions were received about clause 24.  Submission 16 said that large fines of up to $20,000 are not warranted and that “The bylaw is worded in a punitive way which is not conducive to council and ratepayers working together to come up with realistic and flexible solutions”. Submission 13 said that “Council is supposed to help ratepayers not force compliance”.

 

Staff analysis

In general, any fines imposed would be much less than $20,000. However, as an extreme example, if a faulty vehicle crossing led to a road accident and serious injury or death, then a large fine may be warranted. 

The Council follows the VADE principle to ensure compliance with the bylaw i.e. starting with helping property owners do the right thing via advice and education rather than “forcing compliance”. However, as serious safety risks and damage to council’s assets could arise from poorly constructed vehicle crossings, it is important the council has the regulatory authority to prosecute if necessary.

 

Staff recommendation

No change.

 

 

 

 

 

 


 


APPENDIX 1 – LIST OF SUBMISSIONS RECEIVED

 

Number

Full name

Organisation

1

Ranald MacLeod

Individual submission

2

Missy Heta

Individual submission

3

Marianna Fenn

Individual submission

4

Rob Sintes

Individual submission

5

Nathanael Payne

Individual submission

6

Terence Brocx

Individual submission

7

Jacqueline Te Huia

Individual submission

8

Randall Cork

Individual submission

9

John Kensington

Individual submission

10

Whati Rameka

Individual submission

11

Susan Dunn

Individual submission

12

Ian Harris

Individual submission

13

Carl Mather

Individual submission

14

Vanessa McKay

Individual submission

15

Helen Linssen

Farmside.co.nz

16

Robert Adams

Individual submission

17

Gail Woodall

Individual submission

18

Douglas Mansill

Individual submission

19

Sheryl Wikaire

Individual submission

20

Richard Gardner

Federated Farmers

21

Ursula Buckingham

Hancock Forest Management (NZ) Ltd

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

 

Vehicle Crossings Bylaw

Governing Body of Far North District Council

Resolution in Council 23 September 2021.

Under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998 the Governing Body of the Far North District Council made the following bylaw about vehicle crossings.

 

The bylaw is due for review by 23 September 2026.


 

Contents

Clause Description                                                                                                             Page

1. Title

2

2. Related information boxes

2

3. Commencement

2

4. Application

2

5. Purpose

3

6. Interpretation

3

7. An approval is required for a vehicle crossing

5

8. Assessment of an application

5

9. Granting an approval

5

10. Content of an approval

6

11. Additional approval conditions

6

12. Temporary vehicle crossings

6

13. Withdrawing an application

6

14. Duration of an approval

6

15. Amending or transferring an approval

6

16. Suspending or cancelling an approval

6

17. Other obligations not affected

7

18. Working in the road corridor

7

19. Construction requirements

7

20. Vehicle crossings that are unsafe or in disrepair

8

21. Redundant or excessive vehicle crossings

8

22. The council may improve a vehicle crossing

8

23. Objections

8

24. Compliance and enforcement

8

25. Offences and penalties

9

 

Schedule

 

10

 


 

1. Title

This bylaw is the Vehicle Crossings Bylaw.

 

2.  Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a)   they do not form part of this bylaw; and

(b)   cannot be considered in the interpretation or application of a provision of this bylaw; and

(c)   may be inserted, amended or removed without any formality.

 

3. Commencement

This bylaw comes into force two days after the date it is made by the governing body of the Far North District Council.

Related information

This bylaw is due for review by 23 September 2026.

 

4. Application

This bylaw applies to the district of the Far North District Council.

 

Part 1:

Preliminary provisions

 

5. Purpose

The purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction, reconstruction, upgrading and relocation of vehicle crossings giving vehicular access from roads to properties located within the Far North District by requiring compliance with the council’s engineering standards for vehicle crossings or another design approved by the council.

 

6. Interpretation

(1) The Interpretation Act 1999 applies to this bylaw.

 

(2) In this bylaw, unless the context otherwise requires:

Approval means an approval granted under this bylaw.

Council means the governing body of Far North District Council, or any person delegated or authorised to act on its behalf.

Engineering standards mean the council’s current Engineering Standards and Guidelines.

Motor vehicle has the same meaning as in section 2 (1) of the Land Transport Act 1998.

Related information

As at as at 07 August 2020, the definition is:

“(a) means a vehicle drawn or propelled by mechanical power; and

(b) includes a trailer; but

(c) does not include—

(i) a vehicle running on rails; or

(iii) a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

(iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

(v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

(vi) a pedestrian-controlled machine; or

(vii) a vehicle that the Agency has declared under section 168A is not a motor vehicle; or

(viii) a mobility device.”

Occupier has the meaning given by section 2(1) of the Local Government Act 1974.

Related information

As at 22 October 2019, the definition is:

"in relation to any property, means the inhabitant occupier of that property."

Owner means any person, as defined in section 2(1) of the Local Government Act 1974.

Related information

As at 22 October 2019, the definition is:

"... in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent."

Road has the same meaning as in section 315 of the Local Government Act 1974 but excludes access ways for the purposes of vehicle crossings as per section 335(10).


Related information

As at 22 October 2019, the definition is:

"...means the whole of any land which is within a district, and which—

(a) immediately before the commencement of this Part was a road or street or public highway; or

(b) immediately before the inclusion of any area in the district was a public highway within that area; or

(c) is laid out by the council as a road or street after the commencement of this Part; or

(d) is vested in the council for the purpose of a road as shown on a deposited survey plan; or

(e) is vested in the council as a road or street pursuant to any other enactment;

and includes—

(f) [modified by section 335(10) of the Local Government Act 1974]

(g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989.”

Road corridor (or ‘road reserve’) includes roads as defined above and includes all land from boundary to boundary (including the berm).

Road Controlling Authority (RCA) has the same meaning as in section 2 of the Land Transport Act 1998.

Related information

As at 1 September 2020, the definition is:

“…means the authority, body, or persons having control of the road and includes any person acting under and within the terms of any delegation or authorisation given by a controlling authority.”

Road corridor manager means the road controlling authority, namely the Far North District Council, that has jurisdiction over the road.

Vehicle crossing means the area of driveway, whether temporary or permanent, between a road and a private property boundary, intended for use by motor vehicles accessing the property, but does not include paddock entrances with less than ten (10) stock movements per month.

Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

 


 

Part 2:

Substantive provisions

7 An approval is required for a vehicle crossing

(1) Every person wishing to construct, reconstruct, upgrade or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council.

(2) An approval is not required for a vehicle crossing constructed, reconstructed, upgraded or relocated as part of a subdivision or land use consent where a resource consent has been granted for this work, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974.

(3) An approval is not required to repair or maintain an existing vehicle crossing.

(4) Every application for an approval must be made by a person who has the legal authority to deal with the property accessed by the vehicle crossing (“the applicant”) and:

(a) be in the form required by the council; and

(b) include all the information required by the form; and

(c) be accompanied by the applicable fee listed in the council’s Fees and Charges Schedule.

Related information

Forms for applying for a permit can be found on the council’s website at Vehicle Crossing Application Form or picked up at any Council office.

The current Fees and Charges Schedule can be found on the council’s website or a copy can be viewed at any Council office.

Approvals are required for:

·      Construction i.e. building a new vehicle crossing

·      Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

·      Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

·      Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

·      Repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

·      Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Whether or not an approval is required for work on the vehicle crossing, a Work Access Permit is required for all work on the road corridor (see clause 18). This is required under the National Code of Practice for Utility Operators' Access to Transport Corridors.

8 Assessment of an application

The council will assess the information provided in an application to determine the appropriate engineering standard or other council-approved design that should apply to the proposed vehicle crossing. Council will respond to the applicant in 30 working days or less.

9 Granting an approval

The council may grant an approval in its sole discretion if:

(a)  the information provided in the application is sufficient to determine the appropriate engineering standard or other design approved by the council for the vehicle crossing; and

(b)  the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and

(c)  the applicable fee has been paid to the council.


 

10 Content of an approval

An approval will include:

(a)  a statement as to the appropriate engineering standard or other design approved by the council applicable for the vehicle crossing which must be followed in the design and construction of the vehicle crossing;

Related information

The council’s current engineering standards are published on the council’s website at Engineering Standards and Guidelines or can be picked up at any Council office.

(b)  notice that the council will inspect the vehicle crossing to make sure it meets the specified engineering standard or other design approved by the council and any other conditions included in the approval;

(c)  information on how to obtain a Work Access Permit which is required to access the road corridor and commence construction of the approved vehicle crossing (see clause 18).

11 Additional approval conditions

 The council may include additional condition/s applying to an approval:

(a)  regarding any relevant provisions from Chapter 15 (Transportation) of the Far North District Plan;  

Related information

Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.

(b)  any other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection, the positioning of grates, and compliance with any covenants relating to the site etc.

(c)  a temporary vehicle crossing may be subject to additional conditions relating to where the crossing is situated, the purpose of the crossing, how long the temporary crossing will be in place; the effects of the crossing on normal usage of the road; and the design and materials used in its construction.

12 Temporary vehicle crossings

(1) An approval is required for a vehicle crossing needed for a purpose, such as forestry harvesting or building construction, where activity will occur for no longer than twelve (12) months at a time (“temporary vehicle crossing”).

(2) Once a temporary vehicle crossing has fulfilled its purpose, it must be removed within three (3) months. Removing this crossing and any reinstatement work must be conducted to the council’s satisfaction at the expense of the owner or occupier.

Related information

If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system.

13 Withdrawing an application

An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides that a refund (or partial refund) is reasonable in the circumstances.

14 Duration of an approval

(1) All approvals granted under this bylaw have a duration of three (3) years, during which time the work must be completed to the satisfaction of the council.

 (2) If the work is not completed to the satisfaction of the council within three (3) years, the owner or occupier must apply for a new approval before work can start or continue. The re-application fee is listed in the council’s current Fees and Charges Schedule.

15 Amending or transferring an approval

(1) A person granted an approval may, at any time within the duration of the approval, apply to the council to amend the approval or its conditions.  An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications specified.  In this instance, council may require, at its sole discretion, a new fee to be paid depending on the nature of the amendment sought.

(2) Approvals are not transferable to another property or to a different location at the property concerned.

(3) Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer.

16 Suspending or cancelling an approval

(1) The council may suspend or cancel an approval if:

(a) the applicant has not obtained a Work Access Permit before commencing construction – see clause 18 of this bylaw;

(b)  a resource consent for the work has been issued, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974, and there is no need for a separate approval - see clause 7(2) of this bylaw;

(c) upon inspection, in the opinion of the council the proposed construction work is likely to be unfit for purpose, unsafe or cause damage to public assets; for example, due to the wrong material used, wrong placement of the vehicle crossing as per the approved site plan, incorrect dimensions, or insufficient compaction of the sub-surface etc

(2) The suspension or cancellation takes effect from the date of the council’s decision to suspend or cancel the approval.  The notice of cancellation must include the reasons for the council’s decision.

(3) Suspending or cancelling an approval does not affect the council’s powers to take other enforcement action under this bylaw, any other legislation or New Zealand law for the acts or omissions that were the reasons for the suspension or cancellation.

17 Other obligations not affected

An approval does not affect or limit the obligations of any person to comply with any legislation or regulatory requirements that applies to the matters covered by the approval.

18 Working in the road corridor

(1) A Work Access Permit is required before commencing any work in the road corridor.

Related information

A Work Access Permit gives permission from the council as the road corridor manager to carry out the specified activity in the road corridor. A set of conditions is issued with the Work Access Permit, to be followed when working in the road corridor.

(2) In order to receive a Work Access Permit, the applicant must complete a Corridor Access Request including a Temporary Traffic Management Plan at least ten (10) working days before the planned commencement of any construction work. In the Approval notification letter the council will provide information to the applicant regarding how to apply for a Corridor Access Request and prepare a Temporary Traffic Management Plan.

(3) The Work Access Permit, together with an approved Temporary Traffic Management Plan, must always be available on site for the duration of the work carried out in the road corridor.

19 Construction requirements

(1) Construction of a vehicle crossing must be managed to allow for the safe passage of pedestrians.

(2) Interruption to pedestrian and vehicular traffic must be kept to a minimum.

 

20 Vehicle crossings that are unsafe or in disrepair

(1) If at any time, in the opinion of the council, a vehicle crossing does not comply with the engineering standards, the council may, by written notice addressed to the owner or occupier of the property to which the crossing gives access, require the owner or occupier to remove or reconstruct the crossing within the time period specified in the notice to the satisfaction of the council.

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action.  This discussion will cover observed issues with the vehicle crossing such as safety concerns, and the crossing’s current and intended future use

(3) If the recipient of such a notice fails to comply with that notice within the prescribed time, the council may arrange for such removal, repair or reconstruction to be carried out and may charge the owner or occupier for the full costs of such work, including reasonable administration costs.  

21 Redundant or excessive vehicle crossings

(1) Where the council is satisfied that a vehicle crossing is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, the council may serve notice upon the owner or occupier that the council will remove this crossing at the expense of the council.

Related information

This clause is made under section 335(9) of the Local Government Act 1974

(2) Before issuing a written notice or removal, the council will consult with the property owner regarding the best course of action.  This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any, and why the crossing is required.

22 The council may improve a vehicle crossing

The council may reconstruct, widen or relocate a vehicle crossing at the council’s expense if the council is satisfied that this will improve public safety, is necessary for environmental protection, or will reduce the risk of damage to the council’s assets.

23 Objections

(1) Any person who has the legal authority to deal with the property accessed by the vehicle crossing may object to a council vehicle crossing decision, by lodging an objection to this decision in writing to the council within 28 days of being notified of the decision.

(2) The council will make a decision in writing on an objection including the reasons for it within a reasonable time frame. 

(3) Nothing in this bylaw affects the right of the applicant to apply for judicial review of a decision by the council concerning vehicle crossings.

 

 

Part 3:

Compliance and Enforcement

24 Compliance and enforcement

Council will use a range of compliance and enforcement methods as it considers appropriate under its statutory powers to respond to breaches of the bylaw. These include advice and education, issuing warnings, infringement notices, enforcement orders, injunction applications to restrain the commission of offences and breaches of the bylaw, removal of works, recovery for damage and criminal prosecution.

 


 

Part 4:

Offences and penalties

25 Offences and penalties

Any person who fails to comply with any condition or restriction under this bylaw commits an offence and shall be liable on summary conviction to the penalty set out in section 242 (4) of the Local Government Act 2002 of a fine not exceeding $20,000.

In addition, under section 22AB of the Land Transport Act 1998, the Road Controlling Authority may prescribe fines, not exceeding $1,000 for the breach of any bylaw made under this section.

 


 

Schedule

Part 1                                                                                         Clause 6 Interpretation

Diagram 1

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

5.3         Treated Water Supply Bylaw - Recommendations for making new bylaw

File Number:           A3290593

Author:                    Donald Sheppard, Sustainability Programme Coordinator

Authoriser:             Darren Edwards, General Manager - Strategic Planning and Policy

 

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Strategy and Policy Committee to recommend to Council the adoption of the Treated water Supply Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

·        On 25 February 2021, the Council agreed a bylaw is appropriate to regulate the supply of treated water in the Far North District.   A new bylaw is needed because the current bylaw will revoke on 16 October 2021.

·        On 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation. 

·        This consultation took place from 8 to 31 May 2021 and thirteen submissions were received.

·        Council staff have analysed the submissions and recommend changes to the draft bylaw in response to these submissions (see Attachment 1). 

·        Attachment 2 is the proposed final new bylaw for adoption.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend the Council:

a)      agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i)       No changes are made to clauses 6, 8, 10, 16, 17 to 19, 24, 26 to 30, 32 and 36 in the draft bylaw.   

ii)      Clause 4 is changed by:

1)      Adding the words “This applies to the supply of treated water from council-owned water schemes, not privately owned schemes.” after “from misuse”:

iii)     Clause 5 is changed by:  

1)      Adding a new definition:

“Drinking water emergency means a situation where water supply restrictions or interruptions may arise from:

(a)     water supply shortage or drought; or

(b)     water supply contamination or pollution; or

(c)     water supply infrastructure emergency repair; or

(d)     a natural failure or disruption to water supply which may endanger public health.

These emergencies may be initiated by the following authorities: The Minister of Health, the Medical Officer of Health, the Regional Council, the Council, and the Civil Defence Emergency Management Group”.

2)      Adding a new “related information” box:

“In section 4 of the Civil Defence Emergency Management Act 2002 the definition of emergency includes failure or disruption to a lifeline utility.  An entity that supplies or distributes water to inhabitants of a city or district is a lifeline utility.

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs but must notify the Medical Officer of Health within 24 hours and take all practicable steps to advise affected persons.

Section S69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk.  The authorities include the Medical Officer of Health, Fire and Emergency New Zealand, and the Northland Regional Council.

S69ZZA of the Health Act 1956 provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

Section 329 of the Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes”.

3)      Deleting subclause 5(2) and replacing with a new clause (clause 2):

“2. Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a)     they do not form part of this bylaw; and

(b)     cannot be considered in the interpretation or application of a provision of this bylaw; and

(c)     may be inserted, amended or removed without any formality.”

iv)     Clause 7 is changed by:

1)      Adding the following “related information” box after subclause (3):

“Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council”

v)      Clause 9 is changed by:

1)      Adding the words: “Customers can receive both ordinary and extraordinary supply” at the end of the existing “related information” box.

vi)     Clause 11 is changed by:

1)      Adding a new subclause “(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator”;

2)      Adding a “related information” box after the new subclause (3):

“The Director General of Health maintains the drinking water register.  Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers”

vii)    Clause 12 is changed by:

1)      Adding a “related information” box after subclause (2):

“Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties”.

viii)   Clause 13 is changed by:

1)      Adding a new “related information” box:

“The council applies a tolerance of ±3% to determine whether a customer’s water meter is reading correctly or incorrectly”.

ix)     Clause 14 is changed by:

1)      Adding the words “, excluding drinking water” after the words “treated water” in subclause (1);

2)      Adding the following words to the “related information” box:

“The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water.  As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland), as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water suppled can only be used for drinking or cooking, to wash clothes and take showers”.

x)      Clause 15 is changed by:

1)      Replacing subclause (1) with: “During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.”;

2)      Adding a “related information” box after subclause (2):

“Examples of a drinking water emergency are when:

•        drought or water supply shortage has been identified;

•        water supply has been polluted or contaminated;

•        water supply infrastructure requires emergency repairs;

•        a natural failure or a disruption to the water supply occurs which is likely to endanger public health”.

xi)     Clause 21 is changed by:

1)      Replacing the words “in accordance with the following criteria” with “by considering the following matters”;

2)      Replacing the word “assess” with “consider” in subclauses (2), (3), (4) and (5).

xii)    Clause 22 is changed by:

1)      In subclause (1) adding the words “or decline” after “may grant” and replacing the words “if it is satisfied the application meets the assessment criteria” with “at its sole discretion based on consideration of the factors”;

2)      Deleting subclause (2) “The council may decline an application for an approval if it does not meet the assessment criteria in clause 22”.

xiii)   Clause 23 is changed by:

1)      Adding “, except where drinking water is involved” after “may be supplied” in paragraph (c).

xiv)   Clause 25 is changed by:

1)      Adding a new paragraph (b) in subclause (2) “providing any information requested by the council to demonstrate that any conditions under Clause 23 continue to be met”;

2)      Adding a new subclause (2) “An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications”;

3)      Adding a new subclause (3) “The application for renewal will be assessed based on consideration of the factors described in clause 21”.

xv)    Clause 26 is changed by:

1)      Adding a new subclause (3) “The application for amendment will be assessed based on consideration of the factors described in clause 21”.

xvi)   Clause 28 is changed by:

1)      Adding the words “or the health and safety of any person” after “the water supply system” in subclause (1) paragraph (b).

xvii)  Clause 31 is changed by:

1)      In subclause (3) deleting the words “5 working days” and substituting “10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days”;

2)      In subclause (4) deleting the word “shall” and substituting the word “must”.

xviii) Clause 35 is changed by:

1)      Deleting the amount “$20,0000” and substituting the amount “$20,000”.

xix)   Clause 37 is changed by:

1)      In subclause (1) adding the words “, except for ordinary supply approvals,” after the words “in clause 36”.

b)      agree the Treated Water Supply Bylaw in attachment 2:

i)       is the most appropriate form of bylaw; and

ii)      the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

c)      under sections 145 and 146 of the Local Government Act 2002, make the Treated Water Supply Bylaw in Attachment 2.

 

1) TĀhuhu kŌrero / Background

On 25 February 2021, the Council resolved that a new bylaw is appropriate to regulate the supply of treated water in the Far North District (Resolution 2021/11 refers).

Subsequently, on 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation (Resolution 2021/14 refers).

This consultation took place from 8 to 31 May 2021 and thirteen submissions were received. 

Two of the people who made written submissions asked to submit verbally to the Strategy and Policy Committee and a hearing was arranged to hear their views. However, neither of these people turned up to the hearing.  Both people were subsequently approached to see if they wanted to present to another hearing, but both said they were happy not to present verbally.  One person said they were comfortable with the summary of their views in the report in Attachment 1 and the other said they were satisfied the Council’s Legal Services Team would treat their questions as a request under the Local Government Official Information and Meetings Act 1987.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of the bylaw

The report in Attachment 1 summarises the public submissions and makes recommended changes to the draft bylaw in response to these submissions.  If these recommendations are agreed to, Council staff advise that the Treated Water Supply Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

As required by section 155(2)(b) of the Local Government Act 2002, before a local authority makes a bylaw, it must determine whether the proposed bylaw has any implications under the New Zealand Bill of Rights Act 1990.

An initial assessment of these implications was included in the Treated Water Supply Bylaw Proposal for Consultation [Objective reference: A3143529]. This assessment said: 

“Part 2 of the New Zealand Bill of Rights Act 1990 sets out civil and political rights that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. 

The proposed new bylaw may give rise to implications for the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise (section 21 of the New Zealand Bill of Rights Act 1990).  This is because the bylaw gives the Council powers to enter private land to inspect parts of the water supply system.  However, the bylaw provisions are fully within the scope of powers the Council already has under sections 171 to 174 of the Local Government Act 2002 and section 332 of the Resource Management Act 1991. 

Therefore, the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990”.

None of the recommended changes in the report in Attachment 1 have new implications under the New Zealand Bill of Rights Act 1990. Therefore, the initial assessment is now a final assessment and Council staff consider the bylaw provisions are reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

Timing for making the bylaw

The Council’s current Water Supply Bylaw will revoke on 16 October under section 160A of the Local Government Act 2002 because it was not reviewed by the date required under that Act.  If the recommendations in this report are agreed to, the new Treated Water Supply Bylaw will be made before the current bylaw is revoked, ensuring ongoing regulation of the treated water supply.

Changes from the current bylaw to the new bylaw

The new Treated Water Supply Bylaw will be significantly different to the current Water Supply Bylaw 2009 as it will have:

·        a simpler definition of the types of treated water supply

·        new provisions about work around the Council’s water supply pipes (for example, building or excavation work)

·        more detail about how to make applications to the Council, the criteria for granting approvals and the conditions the Council may put on an approval

·        an explanation of peoples’ right to object to the Council’s water supply decisions

·        removal of provisions covering protection of water catchment areas and wastage of water (because these areas are covered by national legislation)

·        simpler language in line with modern legal drafting principles with some terminology updated; for example, permits are now called approvals

·        less reference to technical details of the treated water supply – where relevant, cross reference is provided to the Council’s engineering standards where these technical details are set out.

Take Tūtohunga / Reason for the recommendation

The Treated Water Supply Bylaw in attachment 2 can be made, under sections 145 and 146 of the Local Government Act 2002, because, following the changes recommended in the report in attachment 1, it:

(a) is an appropriate form of bylaw; and

(b) the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

The costs to implement the new bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1.       Analysis of submissions and recommendations - A3281584

2.       Final new bylaw for adoption - A3314818  

Hōtaka Take Ōkawa / 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.

 

He Take Ōkawa / Compliance Requirement

Aromatawai Kaimahi / 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 proposal is not of high significance under the Significance and Engagement Policy.  The proposed new bylaw will essentially maintain the status quo for water supply regulation.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The Local Government Act 2002 prescribes the requirements for the Council to consult before it makes a bylaw.  Public consultation has occurred, and the submissions received have been analysed with recommendations made to amend the draft bylaw.

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.

As there is reticulated water supply in all of the wards of the District the proposal has District-wide relevance and is not within the delegations of Community Boards to consider.

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.

State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.

Water supply is of importance to Māori, given water’s status as taonga.  Before the public consultation period, tāngata whenua were informed of the new bylaw and invited to provide their input. Then, when formal consultation began, tāngata whenua were again invited to give their input.

By ensuring the proposed bylaw reflects the concept and principles of Te Mana o te Wai, the final proposed bylaw recognises the significance of water to Māori.

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 (for example – youth, the aged and those with disabilities).

The following affected or interested people were notified of the public consultation on the new bylaw:

·    All those supplied with treated water from Far North District Council’s water schemes

·    Commercial suppliers of bulk water

·    Plumbers and drainlayers

·    Property developers and building companies

·    Community groups concerned about the supply of water to their communities

·    The District Health Board

State the financial implications and where budgetary provisions have been made to support this decision.

The costs to implement the new bylaw will come from existing operational budgets.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report.

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Treated Water Supply Bylaw

 

Staff report on submissions and recommendations for consideration

 


·                CONTENTS

1. Background. 1

2. Summary of submissions. 1

3. General feedback. 2

4. Analysis and recommendations regarding the bylaw wording. 4

4.1 Clauses not referred to in submissions. 4

4.2 Staff recommendations for drafting clarification. 4

4.3 Submissions on clauses in the draft bylaw.. 6

Appendix 1 – List Of Submissions Received. 25

 


1. Background

On 25 February 2021, the Council agreed a new bylaw is appropriate to regulate the supply of treated water in the Far North District.  On 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation.  The period during which people could make submissions on the proposal was 8 to 31 May 2021.  Thirteen submissions were received.

 

This report analyses the submissions and makes recommendations for amendments to the draft Treated Water Supply Bylaw.  A numbered list of people who made submissions is in the Appendix and these numbers are used to refer to the individual submissions in the body of this report.

 

Council staff from the following teams contributed to the analysis of the submissions:

·    Strategy Development

·    3 Waters Planning

·    Infrastructure Planning

·    Rating Services

Ventia, the Council’s Far North Waters Alliance partner, also provided advice on technical issues raised in the submissions.

 

2. Summary of submissions

Thirteen submissions were received, with eleven of these received online using a submissions form that asked people to say if they were “in favour”, “opposed” or “unsure” regarding the nine parts of the draft bylaw.  Those general responses are summarised in the following table.

Part of the draft bylaw

Number of online submissions

In favour

Opposed

Unsure

Total

1. Purpose and interpretation

5

4

2

11

2. Descriptions of the treated water supply system and its parts

5

5

1

11

3. Terms and conditions

4

6

1

11

4. Process for getting approvals

4

6

1

11

5. Protection of the water supply system from damage or misuse

4

5

2

11

6. Charges for water supply

3

5

3

11

7. Offences and penalties

4

5

2

11

8. Savings and transitional provisions

5

5

1

11

9. Diagrams illustrating parts of the water supply system

5

4

1

10

[1 submission did not comment on the diagrams]

Where the submissions opposed a Part and made suggestions for changes, those suggestions are included in the analysis in section 4 of this report.

 

The remaining two submissions were made offline. They were generally supportive of the draft bylaw, but suggested some changes to Parts 2, 3, 4 and 7 and are again included in the analysis in section 4 of this report.

 


 

3. General feedback

The following feedback was received that is not related to a specific clause in the draft bylaw.

 

3.1 Recognition of Te Mana o te Wai and the 3 Waters Reforms

Submission 10 said the draft bylaw needs to recognise Te Mana o te Wai.  The submission also said the Council needs to recognise the 3 Waters Reforms in designing the bylaw.

 

Staff analysis

“Te Mana o te Wai” is a central concept of the National Policy Statement for Freshwater Management 2020.  It is a statement of principles that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. These principles protect the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the community. There is a hierarchy of obligations within Te Mana o te Wai as follows:

·    First, to the health and well-being of water bodies and freshwater ecosystems

·    Second, to the health needs of people

·    Third, to the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future

 

Council staff consider Te Mana o te Wai is recognised in the draft bylaw by:

·    Enabling pre-emptive water restrictions to maintain minimum low flows in streams that supply the District’s water schemes. Northland Regional Council sets minimum low flow levels for streams to protect their health and ecology.

·    Ensuring public health by:

protecting the treated water system from contamination using backflow prevention devices

stipulating that only the Council or its agents may make connections or repairs to the treated water supply

requiring that all fittings are kept in good repair to avoid contamination of treated water

establishing rules for work near water mains to prevent damage to these mains that could result in contamination of the water supply.

·    Providing for the social and economic well-being of people and communities, for example by setting rules for bulk tanker operators to supply treated water to those not on the reticulated network.

 

In the report to the Council that recommended a new bylaw be made [25 February 2021, Agenda item 6.3, document number A3083951, pages 53 - 60 refers], Council staff acknowledged the 3 Water reforms may make the proposed bylaw obsolete at some stage. However, as it was unclear what these reforms will involve, the report recommended the Council should make a new bylaw to replace the current Water Supply Bylaw 2009 before it is automatically revoked on 16 October 2021.  It is still unclear what the 3 Water reforms will involve and the recommendation to make a new bylaw still holds.

 

Staff recommendation

Council staff recommend no changes in response to this submission.

 

3.2 The proposed bylaw is in breach of the Treaty of Waitangi

Two submissions (3 and 4) asked for the following:

“An official internal independent investigation under the official information and privacy act into the treated water bylaw.

1.what treatment is going into our water supply?

2.is the water we are drinking 100% pure?

3.does the treatment have any effects on the human body?

4. what are the health concerns to our water being treated?

5. who are you supplying the treated water to?

6. who are the owners of the water you are supplying to the public?

7.has any communication negotiations between iwi and council [occurred] concerning their rights under the te tiri o waitangi 1840 concerning our waterways?

8.does the council have Maori wards in concerning indigenous rights to our waterways?

9. environmental law human rights acts indigenous rights acts te tiriti o waitangi 1840 must be uses concerning this treated water bylaw”

[We want] a full public report into this official investigation into the treated water bylaw to be made public”

 

Staff Analysis

These questions are being treated as a request under the Local Government Official Information and Meetings Act 1987 by the Council’s Legal Services Team. As these questions only indirectly apply to the proposed bylaw, they do not need to be considered in drafting the bylaw.

 

Staff Recommendation

Council staff recommend no changes in response to these submissions.


 

4. Analysis and recommendations regarding the bylaw wording

The following section analyses the submissions made about clauses in the draft bylaw and recommends how to address these submissions in the bylaw.

 

4.1 Clauses not referred to in submissions

No submissions were made about the following clauses in the draft bylaw:

·     Clause 1 Title

·     Clause 2 Commencement

·     Clause 3 Application

·     Clause 4 Purpose

·     Clause 5 Interpretation

·     Clause 6 Treated water supply system

·     Clause 8 Point of supply for different types of ownership

·     Clause 10 Supply of treated water for extinguishing fires

·     Clause 16 No compensation for water restrictions

·     Clause 17 Work on the treated water supply system

·     Clause 18 Applications for supply

·     Clause 19 Applications for other purposes

·     Clause 24 Objections

·     Clause 25 Renewing an approval

·     Clause 26 Amending an approval

·     Clause 27 Transferring of approval

·     Clause 28 Suspending or cancelling an approval

·     Clause 29 Other obligations not affected

·     Clause 30 No connection to other water supplies or fittings

·     Clause 32 Prevention of contamination

·     Clause 36 Water supply bylaw revoked

 

4.2 Staff recommendations for drafting clarification

Legal advice was received suggesting a number of amendments to clarify the meaning of several clauses, as covered below

 

Re Clause 4 Purpose

Council staff recommend adding the following words to clause 4 “This applies to the supply of treated water from council-owned water schemes, not privately owned schemes” as shown by the Track Changes below:

“The purpose of the bylaw is to:

(a)    fairly and efficiently manage treated water supply in the district;

(b)   ensure public health and safety;

(c)    protect council’s assets, namely the treated water supply system;

(d)   protect the public from nuisance; and

(e)   protect the treated water supply system from misuse.

This applies to the supply of treated water from council-owned water schemes, not privately owned schemes

 


 

Subclause 5 (2) to be replaced with a new clause 2

Council staff recommend a minor drafting change to subclause (2) of Clause 5 (Interpretation).  This subclause describes what the “Related information” boxes in the bylaw do. This is better placed at the start of the bylaw and could be worded more clearly.  Staff therefore recommend subclause (2) be deleted from clause 5 and a new clause 2 inserted into the bylaw as follows:

 

“2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a)    they do not form part of this bylaw; and

(b)   cannot be considered in the interpretation or application of a provision of this bylaw; and

(c)    may be inserted, amended or removed without any formality.”

 

This will result in all subsequent clauses in the bylaw being renumbered.  However, this report uses the clause numbers as they were in the draft bylaw that was published for consultation.

 

Clause 21 to be amended

Council staff recommend a number of minor changes to clause 21 (Assessment of applications) to make clear that this clause does not refer to “assessment criteria” but to “considerations” by council. These changes are shown by the Track Changes below:

 

“The council must assess all applications for approvals in accordance with the following criteria by considering the following matters as applicable to the application –

(a)    the purpose for which the water will be used;

(b)    how much water is required;

(c)    any documented record of the applicant's non-compliance with this bylaw or any previous water supply bylaw, or approvals granted under such bylaws;

(d)    whether approving the application could detrimentally affect the council’s ability to supply treated water at the volume and/or pressure required for firefighting;

(e)    whether the approval may negatively affect the safe and efficient operation of the treated water supply system, the health and safety of any person, or the environment.

(2)    When assessing applications to take bulk water from tanker filling points (see clause 10(1)(a)) the council must also assess consider

(a)    the suitability of the water tanker for transporting bulk water; and

(b)    the location the water will be transported to.

(3)    When assessing applications to take water from metered standpipes on hydrants (see clause 11(1)(b)) the council must also assess consider whether there are any suitable alternative options to source the treated water.

(4)    When assessing applications for a temporary exemption from water restrictions or prohibitions (see clause 18(d)) the council must also assess consider whether the restrictions have, or are they likely to have, a significant negative impact on the applicant’s business or personal situation.

(5)    When assessing applications for approval to do work over or near the treated water supply system (see clause 17(3) to (7)) the council must also assess consider whether the work can be carried out safely without damaging council’s assets if appropriate conditions are put in place.”

 

 


 

Clause 22 to be amended

Council staff recommend changing clause 22 (Deciding on an application) to make clear that this clause does not refer to “assessment criteria” but to “considerations” by council and to simplify the wording. These changes are shown by the Track Changes below:

 

·           “(1)        The council may grant or decline an application for an approval if it satisfied the application meets the assessment criteria at its sole discretion based on consideration of the factors described in clause 22.

·           (2)          The council may decline an application for an approval if it does not meet the assessment criteria in clause 22.

·           (2)          An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides that a refund (or partial refund) is reasonable in the circumstances.”

 

Clause 25 to be amended

Council staff recommend amending clause 25 (Renewing an approval) to make its requirements clearer and to cross-refer to clauses 22 and 23. These changes are shown by the Track Changes below:

 

(1) If an approval has a condition specifying a duration for the approval, the person granted the approval may apply to the council to renew the approval, before the end of its duration, by:

(a) informing the council, in writing, the approval is still necessary; and

(b) providing any information requested by the council demonstrating to demonstrate that any conditions under Clause 23 are being met continue to be met.

(2)  An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application will be assessed based on consideration of the factors described in clause 21.

 

Clause 26 to be amended

Council staff recommend amending clause 25 (Amending an approval) to indicate that the considerations listed in clause 21 will apply when council assesses the application. These changes are shown by the Track Changes below:

 

“(1)  A person granted an approval may –

(a)    at any time within the duration of the approval; or

(b)    at any time if the approval does not have a duration specified in its conditions –

apply to the council to amend the approval or its conditions.

(2)    An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application will be assessed based on consideration of the factors described in clause 21

 

Clause 28 to be amended

Council staff recommend adding the words “or the health and safety of any person” after “the water supply system” in subclause (1)(b) of clause 28 (Suspending or cancelling an approval) as indicated using track changes below:

 

(1)  The council may suspend or cancel an approval if –

(a)    any conditions are not being met;

(b)    the approval is affecting the efficient and safe operation of the water supply system or the health and safety of any person.

 


 

4.3 Submissions on clauses in the draft bylaw

 

Clause 7 Point of supply

Clause 7 describes the point of supply of treated water to customers, which marks the boundary of responsibility between the customer and council.

 

Submission received

Submission 11 noted that Figure Two in the Schedule to the draft bylaw (which illustrates the point of supply) shows they “may have ownership and responsibility of the supply pipe outside of our legal boundary”.  They suggested the responsibility of each party should commence at the legal boundary.

 

Staff analysis

Operational staff confirm that 400mm of the customer’s service pipe is on Council property.  As the diagram below shows, the point of supply within the meter box is just after the meter reader.  The Council cannot be responsible for a section of pipe after the meter reader and it would be impracticable to have a meter box partially in public land and partially in private land so that the point of supply is exactly on the legal boundary.

400mm of the customer’s pipe is on Council’s property

 

Staff recommendation

Amend clause 7 by adding the following “related information” box after subclause (3):

Related information

Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council.

 

“Tracked changes” to the clause as recommended to be amended

(1)    The point of supply to an individual customer is the point on the service pipe which marks the boundary of responsibility between the customer and council.

(2)    As described in the engineering standards the point of supply to the customer should normally be located on the road reserve boundary. This applies to all properties including properties on rear sections accessed by a right of way.

(3)    The typical layout of the fittings at the point of supply is illustrated in Part 2 of the Schedule to this bylaw.

Related information

Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council.

(4)    Where there is a backflow prevention device then the point of supply is the point which is directly downstream of the backflow prevention device.

(5)    Where there is no backflow prevention device then the point of supply is the point which is directly downstream of the water meter.

Clause 9 Types of treated water supply

Clause 9 defines two types of supply that can be provided from the Council’s water supply system, namely ordinary and extraordinary supply.

 

Submission received

One submission (11) commented that the definitions meant their water supply is “extraordinary supply” and asked the Council to clarify the specific conditions and limitations for their extraordinary supply.

 

Staff analysis

The submission has not correctly interpreted the definition.  The customer currently receives both ordinary and extraordinary supply.   However, clause 9 does not specifically state that customers can have both ordinary and extraordinary supply, which may be why this customer misinterpreted the definition.  Council staff have contacted this customer and discussed the conditions and limitations of their supply.  The customer is seeking some certainty about their supply during times of drought and the Council’s staff will develop suitable terms of supply with the customer for this purpose.

 

Staff recommendation

Amend the “related information” box after clause 9(5) by adding the words: “Customers can receive both ordinary and extraordinary supply.”

 

“Tracked changes” to the clause as recommended to be amended

Related information

Examples of extraordinary supply include treated water used for the following purposes:

·    filling a residential spa or swimming pool

·    water for a fixed residential garden irrigation system

·    irrigation water used for agriculture, horticulture or viticulture

·    commercial and industrial purposes other than for drinking water

·    fire protection systems within buildings

Customers can receive both ordinary and extraordinary supply.

 


 

Clause 11 Other types of water supply

Clause 11 states there are other types of supply other than ordinary and extraordinary supply which people must apply for, namely bulk supply of water from tanker filling points and water supply from metered standpipes on hydrants.

 

Submission received

One submission (12) noted that bulk water tanker operators must be registered with the drinking water regulator.

 

Staff analysis

Council staff have determined bulk water carriers must be on the drinking water register maintained by the Director-General of Health.

 

Staff recommendation

Amend clause 11 by adding the following new subclause (3) and “related information” box:

“(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator.”

Related information

The Director-General of Health maintains the drinking water register.  Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which in to bulk water carriers.

 

“Tracked changes” to the clause as recommended to be amended

(1)    Other than water used for ordinary or extraordinary supply, and water used for firefighting purposes, the council may supply two other types of treated water:

(a)    bulk supply of water from tanker filling points;

(b)    water supply from metered standpipes on hydrants.

(2)    A person who wants water supplied under subclause (1) must apply to the council for approval of that supply.

(3)    A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator.

Related information

The Director General of Health maintains the drinking water register.  Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers.


 

Clause 12 Interruptions to the supply made by council

Clause 12 describes planned and unplanned interruptions made by the Council to ordinary or extraordinary supply. Planned interruptions are for planned maintenance or other planned work, while unplanned interruptions are to carry out emergency inspections or repair work on the treated water supply system.  This clause says that 24 hours’ notice must be given by the Council for planned interruptions, while no notice is required for unplanned interruptions.

 

Submissions received

Two submissions (11 and 12) commented on clause 12.  Both suggested different notice periods for the interruption of supply.  Submission 11 suggested 48 hours for planned interruptions and 4 hours for unplanned interruptions.  Submission 12 suggested planned interruptions should not last for more than 8 hours to be consistent with section 69S(3) of the Health Act 1956.

 

Staff analysis

The Council’s operational staff advise that 48 hours’ notice is normally given for planned interruptions, but occasionally this is not possible, and 24 hours’ notice is appropriate as a minimum.  Submission 12 is correct, the maximum period for a planned interruption, as stated in the Health Act 1956, is 8 hours.

 

As unplanned interruptions are required to carry out emergency work, providing advance notice is not possible. However, staff are working on improving real-time communication with customers using digital platforms to alert them to these unplanned interruptions. 

 

Staff recommendation

Amend clause 12 by adding the following “related information” box after subclause (2):

Related information

Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties.

 

“Tracked changes” to the clause as recommended to be amended

(1)    The council may interrupt the ordinary or extraordinary supply of treated water for the following purposes:

(a)    planned maintenance or other work (“planned interruptions”); or

(b)    to carry out emergency inspections or repair work on the treated water supply system, to ensure the health or safety of any person, or to avoid or minimise damage to the system or property (“unplanned interruptions”).

(2)    For planned interruptions the council will take all reasonable steps to provide 24 hours’ written notice of the interruption and plan the work to minimise disruption and inconvenience to the customer.

Related information

Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties.

(3)    For unplanned interruptions, the council may interrupt the water supply without first notifying the customer.

(4)    If a customer has a need for an uninterrupted level of supply (in terms of flow, pressure, or quality), it is the responsibility of that customer to provide any storage, back-up facilities, or equipment necessary to provide that level of supply.


 

Clause 13 Meters

Clause 13 states that if a customer suspects a meter is inaccurate, they can apply to the Council to have it tested and if a meter is found to be reading incorrectly after testing, the Council may make an adjustment to the customer's account.

 

Submission received

Submission 9 suggested that testing of meters should be undertaken proactively by Council staff, rather than in response to customer requests.

 

Staff analysis

Council staff proactively ensure that meters are functioning accurately in two main ways:

·    Planned meter renewals – on an annual basis older or high usage meters are replaced with new meters to ensure readings are accurate.

·    Reviewing water bills before invoicingall water bills are reviewed before invoicing. This process identifies unusual (high or low) readings that may suggest a meter has been misread or is not functioning correctly.

 

Staff received legal advice that “permissible tolerances” for testing water meters mentioned in subclause (4) should be defined.

 

Staff recommendation

Include a “related information” box after subclause 4:

Related information

The council applies a tolerance of ± 3% to determine whether a customer’s water meter is reading incorrectly

 

“Tracked changes” to the clause as recommended to be amended

All ordinary supply and extraordinary supply of water to any property must have a water meter except where council has approved otherwise.

(2)    The customer must keep the meter clear and readily readable at all times.

(3)    Any customer who disputes the accuracy of a meter or restrictor may apply to the council for it to be tested, provided that it is not within six months of the last test.

(4)    If a meter, after being tested, is found to be reading incorrectly, the council may make an adjustment to the customer's account in accordance with the test results after due allowance for permissible tolerances.

Related information

The council applies a tolerance of ± 3% to determine whether a customer’s water meter is reading incorrectly.   


 

Clause 14 Demand management

Clause 14 refers to restrictions the Council may put in place to manage the demand for treated water. For example, restrictions may be applied if the raw water supply is low due to low rainfall, or if a major leak requiring maintenance work is detected in the water supply system.

 

Submissions received

Submissions 9 and 11 said that clause 14 needs to state the Council will provide an adequate supply of drinking water as required under the Health Act 1956. Submission 12 said this clause should refer to the Health Act 1956 which says that a water supplier cannot “restrict the supply of drinking water to less than an adequate supply for non-payment of fees”.

 

Staff analysis

The Council has received legal advice confirming it can put in place restrictions on the supply of non-potable water before a drought or other emergency is declared. This is for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water.

 

Council staff agree the bylaw should make it clearer that ‘demand management’ cannot restrict the adequate supply of drinking water. Staff also consider that clause 14 should state that restrictions or prohibitions can cover any purpose (except drinking water), any period and apply to any of council’s customers

 

The draft bylaw does not have provisions to restrict water supply for non-payment of fees.  The Council has received legal advice that these matters are already covered in the Health Act 1956 and the Local Government Act 2002 and therefore do not need to be included in the bylaw.

 

Staff recommendation

Make the following changes to clause 14:

1.      Add a new subclause (1):

“(1) If required to reduce demand for treated water, the council may restrict or prohibit the use of treated water for:

(a) any specified purpose, excluding drinking water; or

(b) any specified period; or

(c) any of its customers”.

2.     In subclause (2) - previously subclause (1) - add the words “, excluding drinking water” after the words “treated water”.

3.      Add the following text to the “related information” box:

“The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water.  As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland) as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water supplied can only be used for drinking or cooking, to wash clothes and take showers”

 


 

“Tracked changes” to the clause as recommended to be amended

(1)    If required to reduce demand for treated water, the council may restrict or prohibit the use of treated water for:

(a) any specified purpose, excluding drinking water; or

(b) any specified period; or

(c) any of its customers.

(2)   The customer must comply with any restrictions advised by the council to manage the demand for treated water, excluding drinking water.

 (3)   Such restrictions will be advised by public notice.

Related information

The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water. 

For example, restrictions may be applied if the raw water supply is low due to low rainfall, or if a major leak requiring maintenance work is detected in the water mains.

As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland) as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water supplied can only be used for drinking or cooking, to wash clothes and take showers


 

Clause 15 Emergency water restrictions

Clause 15 describes emergency restrictions that may be applied by the Council in a drinking water emergency; for example, when a drought is declared or if the water supply is contaminated.

 

Submission received

Submission 11 asked for a definition of the term “emergency” in the bylaw and noted that emergency water restrictions can only be declared by the Minister of Health under section 69ZZA of the Health Act.

 

Staff analysis

Council staff consider that a definition of “drinking water emergency” and an explanation of the various ways that a drinking water emergency can be declared should be included in the bylaw to provide clarity for customers.

 

Staff recommendation

1.      Make the following changes to clause 15:

(a)    Replace subclause (1) with: “(1) During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.”

(b)    Add a “related information” box after subclause (2):

Related information

Examples of a drinking water emergency are when:

·    drought or water supply shortage has been identified;

·    water supply has been polluted or contaminated;

·    water supply infrastructure requires emergency repairs;

·    a natural failure or a disruption to the water supply occurs which is likely to endanger public health

 

2.      In clause 5 (Interpretation), insert the following definition of drinking water emergency and a “related information” box, in the appropriate alphabetical order:

“Drinking water emergency means a situation where water supply restrictions or interruptions may arise from:

(a)    water supply shortage or drought; or

(b)    water supply contamination or pollution; or

(c)    water supply infrastructure emergency repair; or

(d)    a natural failure or disruption to water supply which may endanger public health.

These emergencies may be initiated by following authorities: the Minister of Health, the Medical Officer of Health, the Regional Council, the council, and the Civil Defence Emergency Management Group.”

Related information

In section 4 of the Civil Defence Emergency Management Act 2002 the definition of emergency includes failure or disruption to a lifeline utility.  An entity that supplies or distributes water to inhabitants of a city or district is a lifeline utility.

 

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs, but must notify the medical officer of health within 24 hours, and take all practicable steps to advise affected persons.

 

Section 69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk.  The authorities include the medical officer of health, Fire and Emergency New Zealand, and the Northland Regional Council.

 

Section 69ZZA of the Health Act 1956 provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

 

Section 329 of the Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes.

 

“Tracked changes” to the clause as recommended to be amended

(1)    During an emergency the council may restrict, interrupt or prohibit the use of treated water. for any specified purpose, for any specified period, and for any its customers During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.

(2)    Restrictions or prohibitions made under subclause (1) will be advised by public notice unless otherwise permitted by emergency legislation.

Related information

Examples of a drinking water emergency are when:

·    drought or water supply shortage has been identified;

·    water supply has been polluted or contaminated;

·    water supply infrastructure requires emergency repairs;

·    a natural failure or a disruption to the water supply occurs which is likely to endanger public health

 


 

Clause 20 Making an application

Clause 20 describes the three key elements required in an application for approval – completing the form required by the Council, paying the applicable fee and including all information required by the Council.

 

Submission received

Submission 9 said the form required by the Council should be “user-friendly, easy to understand, and very clear what information is necessary”.  This submission also said that refunds should apply: a) a partial refund if the Council fails to provide an answer in the agreed time and b) a full refund if an approval is not possible to maintain, through no fault of the customer.

 

Staff analysis

Council staff agree the application form should be user friendly, easy to understand and very clear. This will be addressed as part of the implementation of the new bylaw.

 

In terms of offering refunds, the Council’s fees are set on a cost recovery basis reflecting the work involved to grant an approval. Therefore, it would not be appropriate to partly or fully refund these fees.

 

Staff recommendation

No change.


 

Clause 21 Assessment of applications

Clause 21 sets out how applications will be assessed including applications to take bulk water from tanker filling points.

 

Submission received

Submission 12 noted that water tanker operators must have a current registration with the drinking water regulator.

 

Staff analysis

This submission also related to clause 11 and is addressed in the analysis and recommendation about that clause.

 

Staff recommendation

No change.


 

Clause 22 Deciding on an application

·                Clause 22 states the Council may grant an application for an approval if it is satisfied the application meets the assessment criteria described in clause 21.

·                 

Submission received

Submission 9 said there should be a set timeframe for council to respond – “maybe 20 working days”.

 

Staff analysis

The Council’s operational staff do not recommend a specific processing timeframe be stated, due to the variability of connections applications, which often require input from contractors where the time required to receive this input is out of Council’s control.  Staff endeavour to process connection applications as efficiently as possible.

 

Staff recommendation

No change.


 

Clause 23 Conditions placed on approvals

Clause 23 states the Council may include conditions on an approval relating to the purpose for which the supply of treated water is approved, the duration of the approval, the quantity of water that may be supplied, and any other relevant matters.

 

Submission received

Submission 11 said “This clause potentially contradicts the Health Act, by placing a condition on the quantity of water supplied where it falls below the minimum that provides an adequate supply of drinking water”.

 

Staff analysis

It is not the intention of this clause for the quantity of drinking water to be restricted below an adequate supply.  The wording of the clause should make this clear.

 

Staff recommendation

Amend subclause 23(c) by adding the words “, except where drinking water is involved”.

 

“Tracked changes” to the clause as recommended to be amended

The council may include conditions on any approval for any one or more of the following matters:

(a)    the purpose for which the supply of treated water is approved;

(b)   the duration of the approval;

(c)    the quantity of water that may be supplied, except where drinking water is involved;

(d)   any other matter the council considers is reasonable to ensure efficient and safe operation of the treated water supply system.


 

Clause 31 Fittings to be in good repair

This clause states the Council may require a customer to repair pipes and fittings that are faulty, and the customer must comply with a notice to repair within 5 working days.

 

Submission received

Submission 9 said that 10 to 15 days would be fairer than 5 days to conduct repairs. They also suggested the Council should support those who lack available finances to conduct this work: “If the occupier fails to carry out the work due to lack of available finances the council will support the occupier with a claim to WINZ for assistance and supply a plumber at a reasonable price to carry out the works”.

 

Staff analysis

The Council’s operational staff recognise that, in general, a longer period than 5 working days would be fairer for customers. However, shorter timeframes are needed where water loss is an issue.

 

Council staff recognise that some customers may struggle to pay for repairs.  Support could include the Council writing a letter to WINZ explaining why the repair is required.  However, supplying a plumber at a reasonable price would be outside the Council’s role.  These matters can be addressed on a case-by-case basis and will be considered as part of the implementation of the new bylaw. 

 

Council staff discovered a typographical error in subclause (4), the word “shall” should be the word “must” in accordance with current legislation drafting style.

 

Staff recommendations

Make the following changes to clause 31:

1.      In subclause (3) delete the words “5 working days” and substituting the words “10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days”.

2.      In subclause (4) delete the word “shall” and substitute the word “must”.

 

“Tracked changes” to the clause as recommended to be amended

(1)    A person must not allow any pipe, tap, or other fitting connected with the water supply on their premises to be out of repair or in any way defective so that water is wasted, misused or contaminated.

(2)    Where, in the opinion of the council, any pipe, appliance or fitting connected to the water system at any premises:

(a)    has deteriorated; or

(b)    is of inferior quality or workmanship; or

(c)    is causing or is likely to cause waste of water; or

(d)    is insufficient for the proper supply of water

the council may require, by notice in writing, the customer to carry out any work the council considers is necessary to remedy the pipe, appliance or fitting.

(3)    The customer must comply with a notice given under subclause (2) within 5 working days 10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days.

(4)    Subject to the provisions of the Local Government Act 2002, the customer shall must allow the council and its agents to enter the property with or without equipment, access any area of the property for the purposes of determining compliance with these requirements.

Related information

Under section 171(1) of the Local Government Act 2002 the council cannot enter a dwelling house to determine compliance.

(5)    If the occupier fails to carry out the work required by the council, the council or its agent may make the repair at the occupier’s expense.


 

Clause 33 Access to inspect and maintain

Clause 33 says the Council may enter private land to read water meters and to inspect, test, or maintain the treated water supply system. In addition, under emergency conditions the Council may enter private land without notice at any hour to maintain or repair the treated water supply system.

 

Submission received

Submission 9 suggested the time of day for an entry onto private land should be agreed with the owner.

 

Staff analysis

Agreeing a time of day with an owner would unnecessarily restrict the ability for staff to efficiently carry out their work such as meter reading or tracing water leaks. Giving 24 hours’ notice, as currently stated in subclauses (1) and (2), should allow the owner or occupier to inform the Council if there are any issues that Council staff should be aware of when entering the property. In an emergency situation under subclause (3), urgency is required and giving notice or agreeing a time would be inappropriate.

 

Staff recommendation

No change.


 

Clause 34 Charges

Clause 34 states the charges relating to the treated water supply system are listed in the council’s Fees and Charges Policy.

 

Submission received

Submission 2 said that “No upper limit on charging … is problematic”

 

Staff analysis

Under section 150(4) of the Local Government Act 2002 the Council is not allowed to recover more than the reasonable costs incurred for the matter for which the fee is charged. In effect this does place an upper limit on the fees that are charged.

 

Staff recommendation

No change.


 

Clause 35 Offences

Clause 35 states that people who fail to comply with the bylaw commit an offence and under the Local Government Act 2002 they are liable on conviction, to “a fine not exceeding $20,0000”.

 

Submissions received

Submission 13 pointed out that the maximum amount of a fine in the draft bylaw is ‘$20,0000’ (i.e. with an additional zero) not $20,000. In addition, two submissions (8 and 9) said there is no need for any penalties.

 

Staff analysis

There is a typographical error in the amount of the fine.

 

The penalties for breach of a bylaw are stated in the Local Government Act 2002 and the “related information” box after clause 35 accurately refers to those provisions.  Council staff are trained to use other methods to ensure compliance, with penalties only applied as a last resort for serious offenders.

 

Staff recommendation

Amend the “related information” box after clause 35 by deleting the term “$20,0000” and substituting the term “$20,000”.

 

“Tracked changes” to the clause as recommended to be amended

Any person who breaches this bylaw commits an offence under section 239 of the Local Government Act 2002.

Related information

A person who is convicted of an offence of breaching this bylaw is liable to a fine of up to $20,0000 $20,000 under section 242 (4) of the Local Government Act 2002.

Examples of breaches of this bylaw include:

·    use of ordinary supply for extraordinary purposes,

·    use of extraordinary supply for purposes other than specified by council

·    not meeting the conditions of an approval

·    not complying with a restriction or prohibition on the use of treated water without a temporary exemption granted by the council

·    work on the treated water supply system without an approval

·    connecting to or disconnecting from the treated water supply system without approval

·    failure to remedy deficient pipes

 


 

Clause 37 Applications, approvals etc under previous bylaw

Clause 37 states that licences, permits and approvals granted under the previous Water Supply Bylaw will continue until their date of expiry or, if no expiry date is specified, they will expire 12 months after the new bylaw commences. Also, any applications made before the new bylaw commences will be dealt with by the Council as if they were made under the new bylaw. 

 

Submission received

Submission 11 asked for specific confirmation of the licences, permits, dispensations, permissions or other forms of approval that apply to their premises and to clarify what happens when their current approval expires.

 

Staff analysis

·                Operational staff are discussing the specific details of the arrangements directly with the person who made the submission.  In addition, this enquiry indicated that the new bylaw needs to clarify that arrangements for ordinary supply made under the previous Water Supply Bylaw will not expire

·                 

Staff recommendation

In subclause (1) add the words “, except for ordinary supply approvals,” after the words “in clause 36”.

 

“Tracked changes” to the clause as recommended to be amended

(1)    Every licence, permit, dispensation, permission or other form of approval granted under the Water Supply Bylaw revoked in clause 36, except for ordinary supply approvals, that were in force immediately before the commencement of this bylaw, continues in force as if it is an approval of that kind issued under this bylaw; but:

(a)    it expires on the date specified in that approval; or

(b)    if no expiry date is specified, it expires on the date 12 months after the commencement of this bylaw.

(2)    Any application for a licence, permit, dispensation, permission or other form of approval made under the Water Supply Bylaw revoked in clause 36, filed before the day on which this bylaw commenced, must be dealt with by the council as if it was made under this bylaw.

(3)    Any meter which was installed by the customer before the commencement of this bylaw must continue to be maintained by the customer until it is, in the opinion of council, no longer fit for use, when it will be replaced by a council meter. 

 

 

 

 

 


 

APPENDIX 1 – LIST OF SUBMISSIONS RECEIVED

 

Number

Full name

Organisation

1

Llani Harding

Individual submission

2

Greg Smith

Individual submission

3

Rosana Pou Ferguson

Manuel Pou Family Whanau Trust

4

Francis Jackie Pou Maroroa

Manuel Pou Family Whanau Trust

5

Jonathan Natusch

Individual submission

6

Michaela Radenkovic

Individual submission

7

Yvonne Steinemann

Individual submission

8

Carl Mather

Individual submission

9

Carol Sumner

Individual submission

10

John Tiatoa

Ministry for the Environment

11

Ricki Freemantle

Department of Corrections

12

Dr Bart Willems

Nga Tai Ora - Public Health Northland

13

Rolf Mueller-Glodde

Individual submission

 


Strategy and Policy Committee Meeting Agenda

7 September 2021

 

 

Treated Water Supply Bylaw

Governing Body of Far North District Council

Resolution in Council 23 September 2021.

Under sections 145 and 146 of the Local Government Act 2002 the Governing Body of the Far North District Council made the following bylaw about treated water supply.

 

The bylaw is due for review by 23 September 2026.


 

 

Contents

Clause Description                                                                                                       Page

1             Title                                                                                                                            4

2             Related information boxes                                                                                            4

3             Commencement                                                                                                          4

4             Application                                                                                                                  4

 

Part 1:   Preliminary provisions

5             Purpose                                                                                                                      4

6             Interpretation                                                                                                               4

 

Part 2:   The treated water supply system

7             Treated water supply system                                                                                        7

8             Point of supply                                                                                                             7

9             Point of supply for different types of ownership                                                              8

10           Types of treated water supply                                                                                       8

11           Supply of treated water for extinguishing fires                                                                8

12           Other types of water supply                                                                                          9

13           Interruptions to the supply made by council                                                                   9

14           Meters                                                                                                                        9

 

Part 3:   Terms and conditions of supply                                                                            

15           Demand management                                                                                                10

16           Emergency water restrictions                                                                                      10

17           No compensation for water restrictions                                                                        10

18           Work on the treated water supply system                                                                    10

19           Applications for supply                                                                                                11

 

Part 4:   Approvals

20           Applications for other purposes                                                                                   11

21           Making an application                                                                                                 11

22           Assessment of applications                                                                                         12

23           Deciding on an application                                                                                          12

24           Conditions placed on approvals                                                                                  12

25           Objections                                                                                                                 12

26           Renewing an approval                                                                                                13

27           Amending an approval                                                                                                13

28           Transferring of approval                                                                                             13

29           Suspending or cancelling an approval                                                                         13

30           Other obligations not affected