Agenda of Bay of Islands-Whangaroa Community Board Meeting

Bay of Islands-Whangaroa Community Board Meeting Agenda

15 August 2024

Te Kaunihera o Te Hiiku o te Ika

AGENDA

Bay of Islands-Whangaroa Community Board Meeting

Thursday, 15 August 2024

Time:	10.00AM
Location:	Turner Centre, Kerikeri

Membership:

Chairperson Belinda Ward

Deputy Chairperson Lane Ayr

Councillor Ann Court

Member Bruce Mills

Member Amy Slack

Member Roddy Hapati-Pihema

Member Jane Hindle

Member Tyler

The Local Government Act 2002 states the role of a Community Board is to:

A. Represent, and act as an advocate for, the interests of its community.

B. Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board.

C. Maintain an overview of services provided by the territorial authority within the community.

D. Prepare an annual submission to the territorial authority for expenditure within the community.

E. Communicate with community organisations and special interest groups within the community.

F. Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

· Amenity lighting

· Cemeteries

· Drainage (does not include reticulated stormwater systems)

· Footpaths/cycle ways and walkways.

· Public toilets

· Reserves

· Halls

· Swimming pools

· Town litter

· Town beautification and maintenance

· Street furniture including public information signage.

· Street/public Art.

· Trees on Council land

· Off road public car parks.

· Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1. Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2. Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3. Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4. Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5. To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6. To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan and make recommendations to the Council.

7. Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centres.

8. To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9. To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977 and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10. To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11. Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12. Recommend new bylaws or amendments to existing bylaws.

13. Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14. Exercise the following powers in respect of the Council bylaws within their community:

a) Control of Use of Public Spaces – Dispensations on signs

b) Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c) Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d) Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e) Speed Limits – Recommend places and speed limits which should be imposed.

15. To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16. Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17. To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

18. To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

19. In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

20. Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1. Comment on adverse performance to the Chief Executive in respect of service delivery.

2. Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3. Assist their communities to set priorities for Pride of Place programmes.

4. Have special regard for the views of Māori.

5. Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6. Actively participate in community consultation and advocacy and keep Council informed on local issues.

7. Seek and report to Council community feedback on current issues by:

a) Holding a Community forum prior to Board meetings

b) Varying the venues of Board meetings to enable access by members of the community

8. Monitor and make recommendations to Council to improve effectiveness of policy.

9. Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1. Provide appropriate management support for the Boards.

2. Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3. Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a) the disposal and purchase of land

b) proposals to acquire or dispose of reserves

c) representation reviews

d) development of new maritime facilities

e) community development plans and structure plans

f) removal and protection of trees

g) local economic development initiatives

h) changes to the Resource Management Plan

4. Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5. Prepare an induction/familiarisation process targeting new members in particular early in the term.

6. Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7. Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8. Help Boards to implement local community projects.

9. Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10. Provide information.

Far North District Council

Bay of Islands-Whangaroa Community Board Meeting

will be held in the Turner Centre, Kerikeri on:

Thursday 15 August 2024 at 10.00am

Te Paeroa Mahi / Order of Business

1 Karakia Timatanga / Opening Prayer. 7

2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Conflicts of Interest 7

3 Te Wāhanga Tūmatanui / Public Forum.. 7

4 Ngā Tono Kōrero / Deputation. 7

5 Ngā Kaikōrero / Speakers. 7

6 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes. 8

6.1 Confirmation of Previous Minutes. 8

7 Ngā Pūrongo / Reports. 15

7.1 Chairperson and Members Report 15

7.2 Kororāreka/Russell Placemaking - Traffic Changes Pilot on The Strand. 25

8 Ngā Pūrongo Taipitopito / Information Reports. 36

8.1 Alfresco Dining Applications. 36

8.2 Bay of Islands-Whangaroa Community Board August Open Resolution Report 95

9 Karakia Whakamutunga / Closing Prayer. 97

10 Te Kapinga Hui / Meeting Close. 97

Bay of Islands-Whangaroa Community Board Meeting Agenda

15 August 2024

6 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes

6.1 Confirmation of Previous Minutes

File Number: A4812647

Author: Maria Bullen, Democracy Advisor

Authoriser: Aisha Huriwai, Manager - Democracy Services

Te Take Pūrongo / Purpose of the Report

The minutes are attached to allow the Bay of Islands-Whangaroa Community Board to confirm that the minutes are a true and correct record of the previous meeting.

ngĀ tŪtohunga / Recommendation

That Bay of Islands-Whangaroa Community Board confirm the minutes of the meeting held on 18 July 2024 are a true and correct record.

1) te TĀhuhu kŌrero / Background

Local Government Act 2002 clause 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) Te matapaki me NgĀ KŌwhiringa / Discussion and Options

The minutes of the meeting are attached.

The Bay of Islands-Whangaroa Community Board Standing Orders Section 27.3 states that “no discussion may arise on the substance of the minutes at any succeeding meeting, except as to their correctness”.

TE TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

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

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

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

ngĀ Āpitihanga / Attachments

1. 2024-07-18 Bay of Islands-Whangaroa Community Board Minutes - A4788045 ⇩

TE 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	Te 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 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 (for example – youth, the aged and those with disabilities).	This report is asking for the minutes to be confirmed as a true and correct record, any interest that affect other people should be considered as art of the individuals report.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications requiring input from the Chief Financial Officer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

15 August 2024

7.2 Kororāreka/Russell Placemaking - Traffic Changes Pilot on The Strand

File Number: A4831095

Author: Jaye Michalick, Team Leader – Growth Planning & Placemaking

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To provide an update on the placemaking project for The Strand, Kororāreka/Russell and to seek a decision by Council to implement a proposed six-month traffic change of use pilot on The Strand, Kororāreka/ Russell. There are three different pilot options available to trial, this paper is also seeking a decision by Council in which option to pilot.

WhakarĀpopoto matua / Executive Summary

· Provides a general update on the Russell Placemaking project.

· Provides information regarding engagement undertaken with the Russell community on placemaking outcomes for The Strand. The community has undergone an extensive placemaking exercise to inform decisions about the look and feel of The Strand. The results of The Strand Placemaking project have shown a strong desire for change in the way people and cars interact along the waterfront.

· Describes three options available to pilot a change of use of The Strand and discusses the status quo ‘do-nothing’ option.

· Explains regulations enabling a traffic change of use pilot for The Strand.

· Discusses the advantages and disadvantages of each pilot option.

· Seeks a decision by Council to pilot one of the three options discussed, for a six-month trial to change the use of The Strand along the Kororāreka Russell waterfront. This paper seeks both a decision from Council to undertake the six-month pilot and if so, seeks a decision from Council on which pilot should be implemented. Staff are seeking this direction because community preference was roughly divided between the three options.

Based on feedback from The Strand Placemaking Project, staff recommend that elected members approve a pilot project to test changes to the use of The Strand. Staff have identified Option three as the preferred, based on ease to implement and the ability to give the community an experience of both a shared space and a pedestrian zone, however this option scored lowest in terms of community votes.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board recommend:

1) That Council approve a pilot commencing late 2024 for six-months, during which the use of The Strand is changed to:

a) Option 1: Shared Space (Attachment 1 Map 1); or

b) Option 2: Essential Vehicle Access Only (Attachment 1 Map 2); or

c) Option 3: Essential Vehicle Access Only from Cass Street to Pitt Street with the remainder of The Strand as a Shared Space (Attachment 1 Map 3).

1) TĀhuhu kŌrero / Background

Placemaking Project update:

The Kororāreka Russell Placemaking project (the project) commenced in February 2024 as the first placemaking project to be developed by the new Growth Planning and Placemaking team. This project seeks to undertake a community led project identifying placemaking outcomes for The Strand, some of which will be funded by an existing placemaking fund of $93,300.86 awarded by BOIWCB via two resolutions in 2022 (2022/09 and 2022/56) for placemaking on The Strand. Placemaking outcomes that cannot be achieved with the existing fund will be captured in a Placemaking Plan to be used for future funding opportunities.

1. The project is guided by a steering committee made up of staff, elected members, mana whenua representation (Kororāreka Marae) and community leaders. Community engagement was carried out via three events. The first was a 10-day “pop-up shop” between 24 April and 3 May, 2024 where the public shared their big ideas about improvements on The Strand. Over 1300 separate ideas were gathered during the pop-up shop. This information identified six key focus areas for improvement: traffic management; more casual seating; play spaces, parks and games; landscaping gardening and accessibility; more attractions, history, culture and wayfinding; and picnic, barbeque and hangi spaces.

2. Following the initial round of engagement, a public activation weekend was held 15-16 June to further develop the six key focus areas into a selection of 10 placemaking ideas that could then be voted on. A 2-week voting process was held in July, both online and in person, where the public were invited to vote on two aspects: 1) their preferred option to pilot a change of use on The Strand and 2) to vote on a priority order for implementing the 10 placemaking ideas. Results from the voting on priority order for implementing the 10 placemaking ideas will be finalised when results from workshop with Russell School are incorporated into the results.

3. Regarding the preferred option to pilot a change of use on The Strand, the steering committee received a total of 394 votes with 79% of submissions voting in support of a pilot study to reduce traffic on The Strand. No change to how vehicles use The Standard was favoured by 21% of submitters.

The Strand change of use pilot options where:

The community was given three pilot options for changes to traffic patterns along the Strand:

• Option 1. All of the Strand as a shared space: In a shared space pedestrians are given priority and speed it limited to a maximum of 10 kph. Road signage and markings are limited and the roadway is narrowed to discourage drivers from using the roadway. Vehicle access remains unrestricted. This option received 15% of the overall vote.

• Option 2: Pedestrian zone for the whole Strand but providing access for essential vehicles: All of the Strand is closed to traffic other than essential vehicles. This would include emergency vehicles, delivery vehicles, disability permit holders, The Strand residents without alternative access and businesses. Speed would be limited to 10 kph. This option received 45% of the overall vote.

• Option 3: Pedestrian zone along The Strand from Cass to Pitt Street: A pedestrian zone with access for essential vehicles only from the Russell Fresh shop through to Haratu Marae, providing a quiet “heritage zone”. The remainder of the Strand would be a shared space. Speed would be limited to 10 kph. This option received 19% of the overall vote.

They were also given the option of being able to vote for no pilot to be conducted and The Strand would continue to operate as it does today. This option received 21% of the overall vote.

Majority of submitters support a change, and the preferred option was 2: Pedestrian zone for the whole Strand but providing access for essential vehicles.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

4. Regulations enabling a change of use trial along The Strand.

5. Under the Land Transport Rule: Streets Layout 2023 (Rule), Council, as the road controlling authority, may prohibit or restrict access to roadways, change the use of roadways and install, as a pilot, street layout changes on the road as a form of additional consultation. Council, as the road controlling authority, must notify the public at least four weeks prior to commencing the trial, must monitor the trail and must provide opportunities for the public to provide feedback on/during the trial. The trial must not exceed two years in duration and at the end of the pilot Council can consider removal, modification and making the trial permanent.

6. The Rule provides Council, as the road controlling authority, the power to create a pilot project to test new street layouts. Staff are recommending a pilot, to be determined by Council, that begins in November 2024 and is in place for a six-month period. During this time additional community feedback will be sought to inform a future decision required by Council after the pilot is completed, on whether to permanently change the use of The Strand.

7. Decision process

8. This Agenda Item and Attachments provides information that Council, in its capacity as Road Controlling Authority, may consider when authorising a pilot under the Rule. The recommendations for a pilot are supported by the majority of those that participated in the Strand Placemaking project and meet the criteria under the Rule.

9. Council has the option to authorise one of the three pilot projects as described. Because no one option received more than 50% of the votes, staff have outlined the advantages and disadvantages with each option for consideration when selecting a trial.

10. Detailed design of physical infrastructure and procurement will commence once a pilot option has been decided on by Council. All works will be designed to be easily removable, to blend with the historic nature of the area and not cause any lasting damage to the roadway surface or other amenities.

11. The Strand Pilot Options Assessment

Option 1 Shared Space: This option received 15% of the overall vote.

Advantages: This option provides the least disruption to the current operation of the Strand and requires the least change for drivers.

Disadvantages: This option relies on signage and roadway cues to slow vehicles and give priority to pedestrians. To properly design a shared space is neither quick or inexpensive. This option depends on a large pedestrian presence, so it may not work as well outside of the high tourist season. This option does not necessarily reduce conflicts between vehicles and pedestrians.

Staff recommendation: Staff do not recommend this as the preferred option as it provides little material difference to current traffic patterns of The Strand and does not reduce vehicle and pedestrian conflict.

Option 2 The Strand as a pedestrian zone: This option received 45% of the overall vote.

Advantages: This option removes the majority of vehicle/pedestrian conflicts along the Strand and improves safety for pedestrians. Access is retained for essential vehicles but residents and visitors will have the opportunity to enjoy the Strand without vehicle traffic. Limiting access for the entire Strand may prove less confusing to drivers than closing a portion of the roadway.

Disadvantages: Infrastructure will need to be carefully considered, including turning areas on Cass Street. This option will require clear signage to avoid driver confusion. Permitted vehicle access will likely be self-regulated during the pilot. Pedestrianisation may put additional pressure on already limited parking on Cass Street.

Staff recommendation: This option received the largest public vote and represents the largest material change to current traffic patterns of The Strand. For these reasons, staff are supportive of this option, however Option 3 is the preferred option for reasons set out below).

Option 3 The Strand as a pedestrian zone from Cass to Pitt Street: This option received 19% of the overall vote.

Advantages: This option introduces a quiet heritage zone that will be useful in comparing against the shared space area of the remaining Strand. This portion of the Strand has no properties that require access from the Strand as they all have alternative access off York Street. This option reduces pedestrian/vehicle conflicts and improves safety for the closed portion.

Disadvantages: This option will require clear signage to avoid driver and pedestrian confusion. Pedestrians may not understand the vehicle conflicts that will be present on the portion of the Strand that is a shared space, resulting in unsafe behaviour. As with the full closure, permitted vehicle access will likely be self-regulated during the pilot period.

Staff recommendation: This is the preferred option. Option 3 provides the opportunity during the pilot for road users to experience The Strand both fully pedestrianised and as a shared space. This option also provides the least disruption to property owners who do not have alternative access to their homes.

Option 4 No Change: This option received 21% of the overall vote.

This option is not recommended as it does not meet the Community desire for change.

12. Next steps

If a pilot project is approved, Infrastructure Strategy Group staff will finalise design and procurement of materials to implement the trial. Planning and Policy Group staff will support the ongoing engagement required during the pilot. Notification to the public will occur a minimum of four weeks prior to implementation and ongoing feedback from users of The Strand will be gathered throughout the pilot process. At the end of the pilot project period, staff will engage with elected members on options for modifications to the existing pilot, ending the pilot project or steps to make the pilot permanent. Funding to make the pilot permanent would need to be obtained through a future Annual or Long-Term Plan and would be implemented by the Infrastructure Strategy Group.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Substantial public engagement across April to July 2024 on placemaking outcomes for The Strand identified a strong desire for change in the way people and cars interact along the waterfront. The Council, as the road controlling authority, has the ability to authorise a pilot project under the Rule, which would enable the community of Kororāreka/Russell to trial, for six-months, an alternative way of using and interacting with The Strand.

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

The installation, ongoing consultation and any costs associated with removal of the pilot is estimated to be between $30,000 to $40,000 and this cost will be met through the existing placemaking fund awarded in 2022 (discussed in section 1).

Āpitihanga / Attachments

1. Attachment 1 - A4831317 ⇩

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

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 proposal to undertake a six-month change of use pilot on The Strand, Russell is considered to have a low to medium level of significance as it does not trigger the threshold for high significance, however the pilot is expected to generate significant levels of community interest and could, if in the future the pilot is implemented permanently, change the level of service for The Strand.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Relevant policies or legislation includes: Land Transport Rule: Streets Layout 2023 Te Tai Tokerau Regional Accessibility Strategy 2024 FNDC Toi Mana Arts Culture and Heritage Strategy 2024
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This proposal does not have district wide relevance and endorsement of this proposal has been obtained from the Bay of Islands-Whangaroa Community Board.
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.	The steering group established to guide the placemaking project that resulted in this proposal includes mana whenua representation (Kororāreka Marae) and Māori have been provided with opportunity to participate in each stage of public engagement held during the placemaking project. Voters could also tick if they were tangata whenua on the voting form; tangata whenua represented 19% of the vote. Their vote also reflected a desire for change.
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 placemaking project public engagement sessions were carried out in order to gain views and preferences from persons or parties that may be affected or have an interest in this proposal. A community voting opportunity was provided to gain direction in terms of a preferred pilot option.
State the financial implications and where budgetary provisions have been made to support this decision.	Costs associated with implementing the chosen pilot will be met from an existing placemaking fund for Russell. These funds have been provided by the Bay of Islands-Whangaroa Community Board.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

15 August 2024

8 Ngā Pūrongo Taipitopito / Information Reports

8.1 Alfresco Dining Applications

File Number: A4802155

Author: Ken Ward, Team Leader - Monitoring

Authoriser: Kevin Johnson, Group Manager - Delivery and Operations

Take Pūrongo / Purpose of the Report

To allow the Bay of Islands-Whangaroa Community Board the ability to provide comment on the renewal alfresco dining applications for 2024/25 from:

El Café, Rocksalt Restaurant & Bar, Spice Grill, Letz Café, 29 The Strand limited T/A Seaside, Konnie’s Kafe Limited, Kerikeri Lunchbox, Avo Sushi, Sushi Gallery, Duke of Marlborough Business Ltd, The Gables Restaurant, Jimmy Jacks Rib Shack, Fishbone Café, Cellini's Gelateria Ice Cream Ltd, Third Wheel Coffee, Butterfish Restaurant, Burger Fiasko and Paihia Bakery.

WhakarĀpopoto matua / Executive Summary

The above-named businesses in the Bay of Islands-Whangaroa Ward have applied for renewal of their existing Alfresco Dining licences.

All businesses have paid the necessary application fee.

The Bay of Islands-Whangaroa Community Board has delegation over activities on reserves and can comment on Alfresco Dining applications.

tŪtohunga / Recommendation

That the Bay of Islands-Whangaroa Community Board:

a) Pursuant to the Council resolution passed on 30 June 2022, provide comment on the renewal of Alfresco dining approval applications from:

El Café,

Rocksalt Restaurant & Bar,

Spice Grill,

Letz Café

29 The Strand limited T/A Seaside

Konnie’s Kafe Limited

Kerikeri Lunchbox

Avo Sushi

Sushi Gallery

Duke of Marlborough Business Ltd.

The Gables Restaurant

Jimmy Jacks Rib Shack

Fishbone Cafe

Cellini's Gelateria Ice Cream Ltd

Paihia Bakery

Third Wheel Coffee Co

Burger Fiasko

Butterfish Restaurant

1) TĀhuhu kŌrero / Background

On the 30 June 2022, Council passed a resolution that delegates authority to Community Boards to comment on alfresco dining applications.

Prior to 30 June 2022, alfresco dining applications were assessed against the “Alfresco Dining Policy 2014”, and only applications that were declined were considered by the relevant Community Board. This Policy was revoked by Council on 30 June 2022.

On 19 May 2022, Council adopted the “Road Use Bylaw 2022”. The purpose of this bylaw is to regulate or control the use of roads and adjoining land by –

(a) vehicles; and

(b) stands, stalls or mobile shops; and

(d) structures, vegetation or other things that may affect road safety or the environment.

Part 4, clause 13 of the “Road Use Bylaw 2022” requires a person to obtain written approval from Council to allow them to occupy any part of a road with structures for providing food or beverage services.

Part 7 of the “Road Use Bylaw 2022” outlines the application, assessment and approval process. In particular, clause 20 outlines the conditions that can be imposed on all approvals granted under Part 7 of the Bylaw.

Alfresco dining approvals expire 30 June each year. Approval holders are required to renew their approval before it expires each year. If an approval holder renews their approval before the approval expires, their approval will continue to have effect until such time a decision is made on the renewal application.

At present there are 23 alfresco dining approval holders. Of these, 18 are held within the Bay of Islands-Whangaroa area.

The Monitoring Team are following up with premises who have yet to process applications fully – notably Cinema Café in Kerikeri. This application renewal if received will be provided to the Community Board in a separate report at a later date.

The following table provides a list of all current alfresco dining approval holders in the Far North District:

	Approval Number	Description	Expiry	Ward
1	ALF-104	el Cafe	2025	Bay of Islands-Whangaroa
2	ALF-103	Rocksalt Restaurant & Bar	2025	Bay of Islands-Whangaroa
3	ALF-102	Spice Grill	2025	Bay of Islands-Whangaroa
4	ALF-100	Jesse’s on the Waterfront Café & Bar	2025	Te Hiku
5	ALF-99	A New Era Cafe	2025	Kaikohe-Hokianga
6	ALF-98	Letz Café	2025	Bay of Islands-Whangaroa
7	ALF-93	29 THE STRAND LIMITED T/A SEASIDE	2025	Bay of Islands-Whangaroa
8	ALF-88	Kaikohe Bakehouse Cafe	2025	Kaikohe-Hokianga
9	ALF-85	Beach Box Coffee and Gelato	2025	Te Hiku
10	ALF-83	Konnie’s Kafe Limited	2025	Bay of Islands-Whangaroa
11	ALF-65	KERIKERI LUNCHBOX	2025	Bay of Islands-Whangaroa
12	ALF-63	AVO SUSHI	2025	Bay of Islands-Whangaroa
13	ALF-50	SUSHI GALLERY	2025	Bay of Islands-Whangaroa
14	ALF-49	DUKE OF MARLBOROUGH BUSINESS LIMITED	2025	Bay of Islands-Whangaroa
15	ALF-39	THE GABLES RESTAURANT	2025	Bay of Islands-Whangaroa
16	ALF-37	JIMMY JACKS RIB SHACK	2025	Bay of Islands-Whangaroa
17	ALF-3	FISHBONE CAFE	2025	Bay of Islands-Whangaroa
18	ALFRES-4	Cellini's Gelateria Icecream Ltd	2025	Bay of Islands-Whangaroa
19	ALFRES-3	Mussel Rock Cafe and Bar	2025	Te Hiku
20	ALFRES-2	Paihia Bakery	2025	Bay of Islands-Whangaroa
21	ALFRES-1	Third Wheel Coffee Co	2025	Bay of Islands-Whangaroa
22	ALF-96	Burger Fiasko	2025	Bay of Islands-Whangaroa
23	ALFRES-5	Butterfish Restaurant	2025	Bay of Islands-Whangaroa

The 18 applications in the Bay of Islands–Whangaroa ward for renewal of Alfresco Dining Licences arise from end of year (30/6/24) expiry.

Applicants have paid all necessary fees.

None of the premises have been subject to complaints.

The owners of premises have complied with approved dinning plans and have applied for replication of existing seating requirements.

Copies of all draft approvals for the period 1/7/24 – 30/6/25 can be found in attachment A.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

On 30 June 2022, Council delegated to Community Board authority to comment on alfresco dining applications.

The following options proposed for the Bay of Islands-Whangaroa Community Board to consider in regard to the alfresco dining approvals:

Option no.	Option Description	Advantages	Disadvantages
1	Provide comment on the alfresco dining renewal approval applications from	Applications comply with the “Road Use Bylaw 2022”.	There are no disadvantages.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

There is only one option to enable the Bay of Islands-Whangaroa Community Board to provide comment on the renewal of alfresco dining approval and new alfresco dining approval which will contribute towards the final decision on the alfresco dining applications.

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

There are no financial implications or need for budgetary provision in receiving this report. The applicants have paid the required application fee for the renewal of alfresco dining approval

Āpitihanga / Attachments

1. Attachment A BOIW Alfresco Dining Renewal - A4804633 ⇩

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

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 Alfresco Dining Policy 2014 was revoked on 30 June 2022. Regulation of alfresco dining is outlined in the Road Use Bylaw 2022. The rules around approvals for alfresco dining are essentially unchanged, and therefore the level of significance for the recommendation to comment on the renewal of alfresco dining applications or new alfresco dining application is considered low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	2022 – Part 4 clause 13 and Part 7.
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.	The Bay of Islands-Whangaroa Community Board have delegation over activities on reserves but also has delegation to comment on alfresco dining applications.
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.	Māori had an opportunity to contribute during the consultation process on the new Road Use Bylaw 2022. The Road Use Bylaw 2022 was adopted on 19 May 2022.
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).	Regulation of alfresco dining is of relevance to hospitality businesses, their employees, and all community members and visitors to the Far North District. However, the rules around licenses for alfresco dining have not changed in their effect, and therefore the level of significance of this decision is low.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications to this decision
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.