Te Kaunihera o Tai Tokerau ki te Raki

 

 

AGENDA

 

Strategy and Policy Committee Meeting

 

Tuesday, 8 February 2022

Time:

9.30 am

Location:

Virtually via Microsoft Teams

 

 

Membership:

Cr Rachel Smith - Chairperson

Cr David Clendon – Deputy Chairperson

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 – Bay of Islands-Whangaroa Community Board Chairperson

 

 


Text

Description automatically generated with medium confidence

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

8 February 2022

 

Far North District Council

Strategy and Policy Committee Meeting

will be held in the Virtually via Microsoft Teams on:

Tuesday 8 February 2022 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. 21

5.1            Review of the Equity and Access for People with Disabilities Policy. 21

5.2            Parks and Reserves Policy Development 41

5.3            Review of Class 4 Gaming and TAB Venues Policy. 61

5.4            Easter Sunday Trading Policy. 93

5.5            On-site Wastewater Disposal Systems Bylaw - Recommendations for making new bylaw   99

5.6            Review of Vehicles on Beaches Bylaw.. 123

6          Information Reports. 152

6.1            Strategic Planning & Policy Business Quarterly October - December 2021. 152

6.2            Strategy and Policy Action Sheet Update January 2022. 179

7          Karakia Whakamutunga – Closing Prayer. 191

8          Te Kapinga Hui / Meeting Close. 191

 

 


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

Representatives from Spark New Zealand


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

File Number:           A3562870

Author:                    Marlema Baker, 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 24 November 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.       2021-11-24 SPP Meeting Minutes - A3497958  


 

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

8 February 2022

 

   MINUTES OF Far North District Council
Strategy and Policy Committee Meeting
HELD AT THE
Virtually via Microsoft Teams
ON
Wednesday, 24 November 2021 AT 9.31 am

 

PRESENT:              Chair Rachel Smith, Cr David Clendon, Deputy Mayor Ann Court, Cr Dave Collard, Cr Felicity Foy, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich, Member Belinda Ward

IN ATTENDANCE: 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)

STAFF PRESENT: (Virtual) - Caitlin Thomas, Aisha Huriwai, Bill Lee, Briar Macken, Casey Gannon, Emma Healey, Greg Wilson, Roger Ackers, Marlema Baker.

 

1            Karakia TimatAnga – Opening Prayer

Chair Rachel Smith commenced the meeting and opened with a karakia.

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

An apology was recevied for His Worship the Mayor John Carter and a leave of absence was granted.

3            Ngā Tono Kōrero / Deputation

Nil

4            Confirmation of Previous Minutes

4.1         Confirmation of Previous Minutes

Agenda item 4.1 document number A3421661, pages 16 - 17 refers

Resolution  2021/52

Moved:       Chair Rachel Smith

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee agrees that the minutes of following meetings be confirmed as a true and correct record:

a)    19 October 2021 (Strategy and Policy Committee Meeting)

b)    26 October 2021 (Review of the 2019 Speed Limit Bylaw Hearing – Mid North)

c)    02 November 2021 ((Review of the 2019 Speed Limit Bylaw Hearing – Kaitaia)

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Nil

Carried

5            Reports


 

5.1         Litter Infringement Policy Review

Agenda item 5.1 document number A3308478, pages 29 - 32 refers

Resolution  2021/53

Moved:       Chair Rachel Smith

Seconded:  Cr Felicity Foy

That the Strategy and Policy Committee recommend the Council:

a)    Revoke the Litter Infringement Policy 2017.

b)    Adopts the provisions to infringe littering offences in the Far North District pursuant to Section 13 of the Litter Act 1979.

c)    Agree that no infringement fee shall exceed $400, as per Section 13 of the Act.

d)    Agree infringement notices shall be served as per Section 14 of the Act.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Nil

Carried

 

5.2         Solid Waste Bylaw - Recommendation to continue Bylaw

Agenda item 5.2 document number A3438487, pages 33 - 36 refers

Resolution  2021/54

Moved:       Cr Felicity Foy

Seconded:  Cr Kelly Stratford

That the Strategy and Policy Committee recommends that the Council:

a)    agree, in response to the consultation under 160 (3)(b)(ii), no amendments are to be made to the Solid Waste Bylaw.

b)    agree, under section 160 of the Local Government Act 2002 the Solid Waste Bylaw be continued without amendment.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Nil

Carried

6            Information Reports

6.1         Regional Accessibility Strategy

Agenda item 6.1 document number A3402142, pages 55 - 57 refers

Resolution  2021/55

Moved:       Cr Kelly Stratford

Seconded:  Cr Dave Collard

That the Strategy and Policy Committee receive the report Regional Accessibility Strategy.

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Nil

Carried

 

6.2         Completion of the Draft District Plan and Timetable for Notification

Agenda item 6.2 document number A3473233, pages 58 - 61 refers

Resolution  2021/56

Moved:       Cr John Vujcich

Seconded:  Cr Felicity Foy

That the Strategy and Policy Committee receive the report Completion of the Draft District Plan and Timetable for Notification.

In Favour:       Crs Rachel Smith, David Clendon, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Cr Ann Court

Carried

 

At 11:14 am, Cr Kelly Stratford returned to the meeting.At 11:15 am, Cr Kelly Stratford left the meeting.

6.3         Strategy and Policy Action Sheet Update November 2021

Agenda item 6.3 document number A3352503, pages 62 - 62 refers

Resolution  2021/57

Moved:       Chair Rachel Smith

Seconded:  Cr Moko Tepania

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

In Favour:       Crs Rachel Smith, David Clendon, Ann Court, Dave Collard, Felicity Foy, Kelly Stratford, Moko Tepania, John Vujcich and Belinda Ward

Against:           Nil

Carried

7            Karakia Whakamutunga – Closing Prayer

Chair Rachel Smith closed the meeting with a karakia.

8            tE kAPINGA hUI / Meeting Close

The meeting closed at 11:32 am.

The minutes of this meeting will be  confirmed at the Strategy and Policy Committee Meeting held on 8 February 2022.

 

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

CHAIRPERSON

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5            Reports

5.1         Review of the Equity and Access for People with Disabilities Policy

File Number:           A3479274

Author:                    Caitlin Thomas, Strategic Planner

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

 

Take Pūrongo / Purpose of the Report

To agree the Equity and Access for People with Disabilities Policy should continue with amendment, and staff should continue contributing to the development of a strategy to address accessibility issues in the Far North.

WhakarĀpopoto matua / Executive Summary

·        The Equity and Access for People with Disabilities Policy (the Policy) has been reviewed following concerns raised by the Disability Action Group as an advisory group to the Council.

·        Council services, facilities, and assets are not fully accessible, as evident from feedback from the disability community and limitations to current standards.

·        The policy should be amended, including to remove duplication of legislation and include an implementation plan.

·        A Regional Accessibility Strategy involving The Far North District, Kaipara District, Northland Regional, and Whangarei District Councils is currently in its research stage.

·        The review determined that a strategy is better suited to improve access by establishing specific actions and a timeline rather than guiding principles, therefore staff should continue progressing the Regional Accessibility Strategy.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that the Council:

a)      agree, the Access and Equity for People with Disabilities Policy should continue with amendment; and,

b)      agree, a strategy is the most appropriate way to address access to Council services, facilities, and assets in the Far North.

 

1) TĀhuhu kŌrero / Background

The Equity and Access for People with Disabilities Policy 2013 (the Policy) has been reviewed. The Disability Action Group (DAG) raised concerns that the Policy had not been implemented and was not achieving the expected outcomes. The Policy was made by Council in 2013, following a recommendation from the DAG to Council to adopt a disability policy.

The purpose of the Policy is to encourage Council staff to follow best practise in ensuring Council services, facilities, and assets are accessible to the wider community, and improve engagement between Council and the disability community.

Definition of Accessibility

The Office for Disability Issues states that accessibility is “our ability to engage with, participate in, and belong to, the world around us.”

This includes access to:

·    warm, safe, and affordable housing

·    choices about where to live, learn, work and play

·    safe and affordable transport

·    public buildings, spaces, and facilities

·    information in formats and languages that meet disabled people’s needs

·    meaningful work and play

·    leadership positions on an equal basis with non-disabled people.

Role of Local Government

The role of local government is outlined in section 10 of the Local Government Act 2002, stating the purpose of local government is to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Council also has a commitment to accessibility as per the Community Outcome in the Long-Term Plan of “Communities that are healthy, safe, connected and sustainable; Communities have access to everything that they need to have a good quality of life and freedom of opportunity and choice in the way that they live.”

There are more individuals with activity limitations in the Far North (9.3%) compared to the overall New Zealand population (6.5%). Activity limitations include difficulty seeing, hearing, walking, and communicating.

Accessibility is guided by the:

·    Local Government Act 2002

Section 10, promoting the four well-beings of communities

·    Local Government Act 1974

Section 331(2) requires that footpaths must be safely accessed by mechanical conveyance i.e., mobility scooters

·    Human Rights Act 1993

Under Section 21.1 disability is a prohibited ground of discrimination

·    Building Act 2004

Section 118 requires ‘reasonable and adequate’ provision of access to and inside buildings and relates to access to facilities for people with disabilities

Providing “physical independence and wellbeing” as a principle under the Act

·    New Zealand Disability Strategy and Action Plan

The vision for the strategy is that New Zealand is a non-disabling society

Outcomes set for central government ministries to achieve; however, the concept is relevant to New Zealand as a whole

·    New Zealand Healthy Aging Strategy

The vision for the Strategy is that: older people live well, age well and have a respectful end of life in age-friendly communities

·    United Nations Convention on the Rights of People with Disabilities (UNCRPD)

New Zealand is a signatory

·    Standards New Zealand (Design for Access and Mobility)

·    Accessibility Charter 2018

Means an organisation is committed to working to ensure that all information intended to the public is accessible to everyone, as per Article 9 of the UNCRPD.

 

Limitations to National Standards

The Office for Disability Issues found that “disabled people report that local government has a greater impact on their daily lives than central government” and that issues relating to local government were raised during consultation for the Disability Action Plan 2019 - 2023.

The National Local Authority Survey on Accessibility 2019 concluded that there is an opportunity for local authorities to do more to address accessibility.

A Ministry of Business, Innovation, and Employment and Office for Disability Issues 2014 report concluded that the existing standards are not enough to guarantee accessibility to the built environment for people with disabilities. This includes minimum standards sometimes resulting in poor levels of access. Disability organisations report standards being a “bare minimum” with limitations that:

·    the current regulations do not provide consistent access into buildings for people with disabilities

·    access to buildings does not allow people with disabilities to use buildings in the same way as others

·    restricting access restricts the contribution people with disabilities can make to New Zealand’s economy

·    exemptions have led to feelings of not being wanted or valued among people with disabilities.

On 28 July 2021, the Cabinet Social Wellbeing Committee agreed to draft an accessibility legislative framework. The proposal was expected to be released in September 2021 but has yet to be released. This may establish changes to legislative frameworks (as the New Zealand Law Foundation suggested in September 2021[1]) which will be relevant to the delivery of Council services.

Any work progressed by the Cabinet will not inhibit Council developing policy. Council has an opportunity to be proactive and follow the guidance of research showing how access is not guaranteed for people with disabilities instead of waiting for a new legal framework to be adopted.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The Research Report (Attachment 1) discusses the policy review and background research. An overview of the policy and review findings is outlined below.

Problem to address

Council services, facilities, and assets are currently not accessible to everyone in the Far North District. This is a particular issue for people with disabilities.

The determination report (received by Council on 24 June 2013) for the Policy states that it seeks to encourage ‘good practice’ in respect of improving access to Council facilities and services.

Access is not a problem exclusive to the disability community. Small children, the elderly, family, and guardians of children, those with temporary mobility issues, and speakers of other languages may also face barriers to accessing services, facilities, and assets.

The Disability Action Group, as an advisory group to the Council, reported insufficient access in the Far North to Council services, facilities, and assets. This impacts the social, economic, cultural, and environmental wellbeing of the disability community, as well as the wider Far North community from missing out on the contributions people could make if they had sufficient access. The Disability Action Group determined that a policy could be utilised to address this.

Data from a community survey conducted by the Regional Accessibility Strategy Working Group also suggests that:

·    approximately 68% of Far North District respondents feel that their council is either “not good” or only “okay” at supporting accessibility, compared to 15% who indicate it is “good”.

·    Approximately 58% of Far North District respondents feel that access to build spaces in their district is only “okay”, while 29% rate that access to public places is “not good”.

·    Approximately 65% of Far North District Respondents indicated that their council is “not good” at improving footpath access.

·    Key themes raised across the Far North, Kaipara, and Whangarei respondents showed that footpaths, disability parking, access to places, access to buildings, pedestrian crossing, transport, and access to information and services are important to the disability community.

A review of RFS data has not identified any further problems outside of what has been identified by the Disability Action Group.

Review findings

There is no evidence of an implementation plan, which may have contributed to the lack of staff awareness indicated by a staff survey in 2018. The Disability Action Group have identified issues including but not limited to footpaths being inaccessible to mobility scooters, and toilets not being fully accessible.

There is no baseline data so staff cannot confirm whether the Policy has been effective in improving access to facilities, services, and assets.

The word choice within the Policy does not follow best practice for effective action for example phrasing such as Council will “endeavour to ensure that”.

Many clauses of the Policy are already legislative requirements for Council, meaning removing them will still maintain the status quo. The Policy does not identify actions to go beyond the minimum legal requirement except for the section regarding staff training.

Two provisions, Council’s communication with people with disabilities and staff disability training are not a legal requirement for Council.

The Policy states that facilities, services, and assets are accessible to a wide variety of people. A strategy could identify what level of access should be achieved, and the steps required to achieve this outcome.

A policy in isolation acts as a guideline, and a guideline has not achieved the results expected by the disability community. A strategy is action-orientated and can identify issues and develop a work program for staff to implement to address those issues.

A strategy can directly address how to achieve the objective with specific actions and goals.

Regional Accessibility Strategy

The Chief Executive’s Forum initiated the development of a Regional Accessibility Strategy, involving representatives from Northland Regional, Whangarei District, Kaipara District, and Far North District Councils. The potential strategy is currently in the research and information gathering stage, with the goal of increased accessibility for Northland communities. A strategy provides an opportunity to target specific access goals to improve wellbeing by engaging with communities, key stakeholders, and the Disability Action Group.

The review suggests that a strategy would be more successful than a policy in improving addressing accessibility issues. Continuing the development of a regional strategy could achieve the positive change which the Disability Action Group hoped a policy would.

Option One: Status Quo Continue the Policy without amendment

The Policy stays in force with no changes. Option one maintains the status quo, meaning nothing will change and the current provisions of the policy will be kept as is.

If the Policy was implemented better, it still would not achieve the desired outcome of Council facilities, assets, and services being accessible to a wide range of people since many clauses of the document are already legislative expectations for Council. Continuing the policy without amendment is not likely to improve access.

 

 

Advantages of Option One

Disadvantages of Option One

·    No further time or resources required. 

·    Disability awareness training will continue to be offered as a directive of the Policy.

 

·    Reputational risk: The Disability Action Group has indicated that the current policy does not achieve significant outcomes for the disability community

·    Clauses within the current policy are already required by Council, meaning that the document duplicates legislative requirements.

Option Two: Amend the Policy

The provisions in the policy will be amended based on community engagement, and an implementation plan developed. The contents guide how staff should make decisions and not how the public should behave, therefore an amended policy should become an internal document instead of an externally facing one.

Amendments include:

·    Removing duplication of legislative requirements

·    Strengthening wording to enable greater action

·    Establishing priorities for which facilities and assets need to be improved first

·    Defining the ways which Council decides to act beyond legislative requirements to guarantee access to the wider community.

Amending the Policy would include an implementation plan.

Advantages of Option Two

Disadvantages of Option Two

·    Including an implementation plan to carry out the policy

·    The Disability Action Group first requested a policy be developed; amending the policy follows that initial suggestion

·    Amending the policy allows aspects like the phrasing and objectives to be improved

·    Disability awareness training will continue to be offered as a directive of the Policy

·    Many clauses of the Policy are already required by Council, so duplication of legislation can be removed.

·    A policy in isolation is not best practise because it functions as a guideline, and the community has indicated the desire to see action, which can be communicated better through a strategy

·    The disability community has indicated frustration from engaging with Councils and feeling like concerns are being ignored. Amending the Policy will require further engagement which creates further reputation risk if the amended policy does not meet community expectations.

 

Option Three: Revoke the Policy

Option Three suggests that the policy be revoked, since the Policy has not addressed the problem of achieving the objective.

Advantages of Option Three

Disadvantages of Option Three

·    Many clauses of the current policy are already requirements to Council, meaning revoking will still maintain the status quo

·    Reputational advantage: removing an insufficient document that does not achieve its objective and is not best form.

·    Revoking the current policy has similar outcome as the status quo, which does not address the problem of insufficient access

·    The section regarding disability awareness training will have to be moved to a different document, or else there will be no directive for this training

·    Reputational risk: By not addressing the problem, Council is also not addressing the concerns of the Disability Action Group who have been advising Council of the existing issues surrounding insufficient access

·    Reputational risk: Revoking the current policy in isolation does not improve outcomes for the disability community, or address community expectations

·    The Disability Action Group Terms of Reference refers to the current policy, revoking would mean the group update it or make a different agreement with the Council.

 

Option Four: Develop a Strategy to Address Accessibility, amend the Policy (recommended option)

The current policy has not improved accessibility in the Far North District, so a strategy identifying specific actions for Council to improve access to services, facilities, and assets should be developed.

Currently, a Regional Accessibility Strategy is in the early stages of development. A separate paper [Information Report: Regional Accessibility Strategy; and Attachment 1, Page 10] will provide more information on this.

Option Four adds to Option Two: amend the Policy but acknowledges the benefit of a strategy. Other Councils like Wellington City Council have previously replaced their Disability Policy with a strategy, as supported by local Action Groups.

The sections of the Policy regarding communicating with the disability community and providing staff training can be moved to internal documents (internal policies for staff, guidelines, processes, and procedures). This is more practical since the subject matter regards the internal workings of council. The current policy is external facing, and external documents generally deal with what the public can or should do instead of what staff should do.

Instead of stating that Council facilities are accessible to a wide range of people as the existing Policy does, a strategy like the Regional Accessibility Strategy can identify facilities which can be improved, what will be done to make them more accessible, and when this will be achieved by.

Advantages of Option Four

Disadvantages of Option Four

·    Strategy would align better with the National Disability Strategy and Action Plan

·    The useful clauses of the Policy are better suited as internal documents, so these clauses can be shifted.

·    A strategy aligns with the best practise of other Councils

·    Council approaching how to improve accessibility now means being better prepared for anticipated legislation changes as per the Accelerating Accessibility framework

·    The Policy duplicated legislation instead of identifying how Council could act beyond the minimum legal requirement

·    A strategy is more likely to achieve the outcomes expected by the disability community than a policy

·    A strategy can achieve the objective of Council services, facilities, and assets being accessible better than a policy

·    Reputational advantage: best practise in replacing the policy with a strategy

·    Reputational advantage: addressing the concerns of the disability community by identifying areas where accessibility can be improved and actions to create a more accessible District.

·    Option Four requires the most time and resources of all the practicable options.

·    The time it will take to develop and approve the regional accessibility strategy. Early engagement is expected to begin late 2021 and a report will go to Council after analysis is completed.

The policy can be reviewed again when the strategy is in place to determine if it is still fit for purpose.

The staff recommendation is to proceed with option 4 – develop regional accessibility strategy and amend the policy.

Take Tūtohunga / Reason for the recommendation

Option Four is the preferred option to address the problem of insufficient access to Council services, facilities, and assets.

A strategy is more suited to address the problem. The existing policy requires amendment as it is not in the most appropriate form.

Next steps:

Elected Members will receive a proposed amended Policy in mid to late 2022 subject to the progress on the Regional Accessibility Strategy.

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

The cost of updating the Policy will be met from existing operational budgets.

Āpitihanga / Attachments

1.       Research Report - equity and Access June 2021 - A3292151  


 

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 level of significance for the Proposal as determined by the Significance and Engagement Policy is as medium.   This is because it considers Council assets, facilities, and services and how to improve them to better meet community wellbeing as per the Local Government Act 2002.

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

Improving accessibility aligns with the Community Outcome in the Long-Term Plan of “Communities that are healthy, safe, connected and sustainable; Communities have access to everything that they need to have a good quality of life and freedom of opportunity and choice in the way that they live.”

Key legislation includes the Local Government Act 2002, the Building Act 2004.

 

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 report is of District wide relevance. Engagement with Community Boards will be sought while amending the policy and developing a strategy, particularly for aspects like footpaths which are under Community Board delegation.

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.

This report is relevant to Māori people with disabilities. 62.2% of the total disabled population in New Zealand are Māori. The Far North District also has comparatively high percentages of people with disabilities

Māori will be invited to participate in the engagement process for amending the policy.

 

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 matter is of interest to everyone because the wider community benefits from more people having equal opportunities to live, work, and play in the Far North.

Groups with particular interest include:

·    People with disabilities

·    Children with disabilities

·    Māori people with disabilities

·    Elderly people

·    Families and caregivers of small children

·    People with injuries and temporary access needs

·    People with English as a second language

·    Visitors who do not speak English

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

The current financial implications are as per current budget for the development of a strategy.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

1    Purpose

To describe and discuss the review of the Equity and Access for People with Disabilities Policy (2013).

 

2    Context

Local government best practice is to review non-legislated policies every six years, which is in line with section 17A of the Local Government Act 2002. The policy therefore is overdue for review (2019). The Disability Action Group, as an advisory group to Council, have addressed concerns that the Policy has not achieved the expected outcomes of improving access for people with disabilities.

 

Improving accessibility aligns with the Community Outcome in the Long-Term Plan of “Communities that are healthy, safe, connected and sustainable; Communities have access to everything that they need to have a good quality of life and freedom of opportunity and choice in the way that they live.”

 

Council must decide whether a policy is still the best way to address and improve access and equity for people in the Far North.

 

2.1     Definition of Accessibility

The Office for Disability Issues states that accessibility is “our ability to engage with, participate in, and belong to, the world around us.”

This includes access to:

·    choices about where to live, learn, work and play

·    safe and affordable transport

·    public buildings, spaces, and facilities

·    information in formats and languages that meet disabled people’s needs

·    leadership positions on an equal basis with non-disabled people.

 

2.2     What is the Council’s role in relation to accessibility?

Accessibility is considered in the following:

·    Local Government Act 2002, Local Government Act 1974

·    Human Rights Act 1993

·    Building Act 2004

·    Building Code

·    New Zealand Disability Strategy and Action Plan

·    New Zealand Healthy Aging Strategy

·    Standards New Zealand (Design for Access and Mobility)

·    Accessibility Charter 2018.

2.2.1    Local Government Act 2002

The Local Government Act 2002 sets the framework through which local authorities operate. Under the Local Government Act 2002 (Section 10), the purpose of local government is to “… promote the social, economic, environmental, and cultural wellbeing of communities, in the present and for the future”. If people with disabilities have access to physical and social structures, they are better able to participate in the community, enabling social and cultural wellbeing.

 

Insufficient access to places, information, services, buildings, events, facilities, and groups has a negative impact on both community and an individual’s wellbeing. Lack of access can impact mental health, and affect the social and economic wellbeing of communities by preventing community participation. Lack of participation affects everyone, not just those who are unable to access people and places, because the wider community misses out on their involvement.

 

Council has an obligation under the section 82 that when consulting Council should provide “reasonable access to relevant information in a manner and format that is appropriate to the preferences and needs of those persons.”

The Local Government Act 1974 has more specific provisions regarding footpaths, for example S331(2) which refers to people with disabilities in stating that:

“In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person”.

 

2.2.2    Building Act 2004 

The Building Act section 118 requires ‘reasonable and adequate’ provision of access both to and within buildings and relates specifically to access to facilities for people with disabilities. Additionally, one of the principles of the Act is the need to provide for the “physical independence and wellbeing” of the people who use buildings. Council has a role in enforcing building legislation by granting consents, and as a building owner.

 

As per section 18, Council cannot require compliance that is more restrictive than the Building Code.[2] 

 

2.2.3    Human Rights Act 1993

Disability and age are both prohibited grounds of discrimination.[3] The Act classifies disability as:

“(i) physical disability or impairment:

(ii) physical illness:

(iii) psychiatric illness:

(iv) intellectual or psychological disability or impairment:

(v) any other loss or abnormality of psychological, physiological, or anatomical structure or function:

(vi) reliance on a guide dog, wheelchair, or other remedial means:

(vii) the presence in the body of organisms capable of causing illness”.[4]

 

Council must provide and make services accessible to the whole public, however the Act has limitations in that while Section 42 establishes that access can not be refused there is no requirement to provide for people to gain access.

 

Council as a provider of services has expectations under the Act, as services, facilities, and goods need to be accessible to the whole public. It is discriminatory if some members of the community can not access what Council provides, while other community members can. 

 

Accessibility as per the Building Act 2004 and the Building Code is complicated by the Human Rights Act 1993, because it contains specific exceptions for access to public places and facilities.[5] This includes legally not providing special services or facilities to enable a person with a disability to gain access to if it would not be “reasonable” to require it. Bell, McGregor, and Wilson state that this exemption along with how any necessary upgrades can be ignored if the cost imposed to the building owner “outweigh the potential advantages” suggests that New Zealand is a while away from being a fully accessible society.[6]

 

2.2.4    United Nations Convention on the Rights of Persons with Disabilities

Access to buildings for people with disabilities is acknowledged in the United Nations Convention on the Rights of Persons with Disabilities and as a prohibited ground of discrimination under the New Zealand Human Rights Act 1993.

 

Accessibility is one of the key principles of the Convention (Article 9) and is recognised as a precondition for the equal enjoyment of economic, social, cultural, and political rights by people with disabilities.[7] Accessibility is necessary for people to live independently and participate in society.

 

While this is an important agreement, people cannot go to New Zealand Courts and enforce their rights under one of the UN Conventions.

 

“Reasonable accommodation” 

“Reasonable accommodation” refers to creating an environment to ensure equality of opportunity, and is referenced in both the Convention and the New Zealand Human Rights Act. The Convention defines reasonable accommodation as “necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. New Zealand’s Disability Strategy uses the same definition.

 

However, one legal case in New South Wales identified that: “No matter how important a particular accommodation may be for a disabled person or disabled persons generally, failure to provide it is not a breach of the [Human Rights] Act…”[8] While the Convention is important, it cannot be relied on exclusively.

 

The Human Rights Act 1993 does not define what is “reasonable” because it is circumstantial.

 

2.2.5    National Disability Strategy and Action Plan

The Office for Disability Issues developed a National Disability Strategy (2016-2026) which is currently supported by the Disability Action Plan (2019-2023).

The vision of the New Zealand Disability Strategy is that “New Zealand is a non-disabling society - a place where disabled people have equal opportunity to achieve their goals and aspirations, and all of New Zealand works together to make this happen.”[9]

 

The Disability Action Plan[10] aims to deliver the eight outcomes of the Strategy which relate to:

·    education

·    employment and economic security

·    health and wellbeing

·    rights protection and justice

·    accessibility

·    attitudes

·    choice and control

·    leadership.

 

The principles of the strategy can be adopted by local government as guiding principles to achieve these national outcomes. The priorities in the plan relate to how Council conducts business, such as with accessible communications and an accessible built environment. While the Action Plan is directed at Central Government, everywhere – including Local Government – is encouraged to support the guiding principles to better achieve the outcomes. For example, outcome 5: accessibility includes priorities to:

·    increase government services’ responsiveness to disabled people

·    increase accessibility of information across government agencies

·    increase the accessibility for disabled people of the built environment and transport services.

 

2.2.6    New Zealand Healthy Aging Strategy 

New Zealand’s Healthy Ageing Strategy was released in December 2016 and is related to the New Zealand Disability Strategy. It sets the strategic direction for the next 10 years for the delivery of services to people into and throughout their later years. The vision for the Strategy is that: Older people live well, age well and have a respectful end of life in age-friendly communities.[11] Priority actions for implementation in the 2019-2022 timeframe include developing and supporting the growth of age friendly communities and improving housing options for older people.[12]

 

While this is led by groups including the Office for Seniors and the Ministry of Health, Local Government has a role in successfully implementing these outcomes in local communities. Aspects of Council work, including Housing for the Elderly,[13] are especially relevant in making the Far North a safe and healthy place for older people.

 

 

2.3     Northland Regional Community Survey on Accessibility

Data from a community survey conducted by the Regional Accessibility Strategy Working Group also suggests that:

·    approximately 68% of Far North District respondents feel that their council is either “not good” or only “okay” at supporting accessibility, compared to 15% who indicate it is “good”.

·    Approximately 58% of Far North District respondents feel that access to built spaces in their district is only “okay”, while 29% rate that access to public places is “not good”.

·    Approximately 65% of Far North District Respondents indicated that their council is “not good” at improving footpath access.

·    Key themes raised across the Far North, Kaipara, and Whangarei respondents showed that footpaths, disability parking, access to places, access to buildings, pedestrian crossing, transport, and access to information and services are important to the disability community.

 

 

3    Objectives

 

3.1     Purpose of review

To determine whether the policy is still the most appropriate way to address problems regarding access in the Far North District.

 

3.2     Review objectives

·    To define accessibility related problems in the Far North District that are within Council’s function to control.

·    To identify if a policy is still the most appropriate way to address problems regarding access in the Far North District.

4    Problem definition

 

4.1     Scope

 

In scope

Problems relating to accessibility in the Far North District which are a function of Council to control or address.

 

Accessibility means the quality being able to reach, enter, obtain, use, or understand something. For people with disabilities and the wider access needs community, access means having the same opportunity to engage, acquire information, enjoy services, places, and spaces in the same manner as someone without a disability or access needs.

Access is not only relevant to the elderly and people with disabilities but also to the wider community including people recovering from injuries, parents and caregivers with small children and pushchairs, and non-English speakers.  Therefore, while the Policy specifies the disability community it is of significance to a much wider group.

Out of scope

·    Building standards, as regulated by the Building Act 2004

Standards are developed by central government.

·    anything outside the Far North District or on private land

Council cannot enforce acting beyond legal standards like the Building Act on private land.

·    services and facilities not owned or controlled by Council

Council can choose to act beyond the building standards on its own buildings and facilities to ensure accessibility on its own accord but cannot enforce this on others.

4.2     Purpose of current policy:

The Policy was developed because of concerns raised by the Disability Action Group (DAG) around accessibility to Council owned facilities. The policy was adopted following the DAG’s request for a policy to support Council to maintain positive attitudes towards people with disabilities in the Far North and was created with the DAG’s influence. The policy also serves as a framework for the use of the DAG’s annual budget.

 

The purpose of the current policy is to contribute to:

·    Council services, facilities and assets being accessible

·    Council staff being aware of disability in the community and receiving appropriate training

·    Council being active champions of an inclusive society

The existing policy summarises that Council has 5 roles in relation to accessibility. These are:

An advocate for

·    lobbying Central government

 

·    responding to proposed legislation

 

·    Specific needs and speaking on behalf of people with disabilities

 

A planner

·    planning permission

 

·    considering physical access, universal access

 

A provider

·    providing accessible services and facilities like libraries, pensioner housing, and sports facilities

 

·    provide accessible information

An employer

·    supporting an inclusive workplace

 

·    providing equal opportunities

A regulator

·    regulation of health and safety, and enforcement i.e. through relevant local bylaws

 

·    resource and building consents compliant with legislation and considering access needs

 

·    considering physical access in applications, for example events, and alfresco dining

 

4.3     People with Disabilities in the Far North

The 2018 Census identified that the Far North District’s population includes more individuals with activity limitations compared to the overall population. This is 9.3% of people living in the Far North, compared to 6.5% of New Zealand as a whole. Activity limitations include difficulty seeing, hearing, walking, and communicating.

 

 

5    Review of Policy

 

5.1     Limitations of National Standards

Limitations to national standards like the Building Act provide Council an opportunity to act beyond the legally required minimum.

 

A Ministry of Business, Innovation, and Employment and Office for Disability Issues report[14] in 2014 concluded that the existing standards are not enough to guarantee accessibility to the built environment for people with disabilities.

·    The Building Act s118 requires ‘reasonable and adequate’ provision of access both to and within buildings for people with disabilities. However, buildings are being constructed and altered in ways that do not provide adequate access.

·    Providing regulations to ensure adequate access is not a simple as specifying the dimensions of an accessible toilet. It is about integrating access to ensure the building is approachable, accessible and usable.

·    NZS 4121 is now out of date, and differences between it and the Building Code provide a ‘loophole’.

·    Current regulations set minimum standards which may result in ‘poor’ or ‘unequal’ access.

·    There is inconsistent application of regulations by consent authorities across New Zealand.

·    Out of those surveyed, local government and public service agencies tended to meet minimum requirements and had little understanding of “the accessible journey”, a term referring to “approachability, accessibility, and usability”.

 

In addition to checking the legislation limitations, the report consulted with organisations representing people with disabilities including Deaf Aotearoa and Deafblind (NZ). These organisations reported standards being a “bare minimum”, with limitations that:

 

·    the current regulations do not provide consistent access into buildings for people with disabilities

·    access to buildings does not allow people with disabilities to use buildings in the same way as others

·    restricting access restricts the contribution people with disabilities can make to New Zealand’s economy

·    exemptions have led to feelings of not being wanted or valued among people with disabilities

·    Many do not understand their entitlements or what to do if they cannot access a building

·    Some variations between people with different impairments in access requirements.

 

The MBIE/ODI report ultimately shows that access to built environments is not guaranteed for people with disabilities by national standards, which is relevant to Council as a business, consenting authority, and service provider.

 

5.2     Access for people with disabilities and “access for all”

The Policy includes the terminology “for people with disabilities” due to involvement from the Disability Action Group (DAG) in creating the policy, although elderly and other members of the access needs community are also involved with the DAG. While the Policy specifies people with disabilities, it’s overall goal (as well as that of the DAG) is to achieve “access for all.” People with disabilities have a unique perspective to access which is beneficial to Council for achieving “access for all”. If a building is accessible to someone with access needs, including those with disabilities, it is most likely going to be accessible for the rest of the community as well.

 

Access is not an issue exclusive to the disability community. Accessibility also impacts on the lives of family and caregivers with small children, elderly people, people who are speakers of other languages, and international visitors to the district.

 

 

5.3     Policy objectives

 

5.3.1    Providing access to the built environment

This objective suggests one of two things: that Council follows the legal standards i.e. building facilities like toilets;

or, that Council acts beyond those standards to ensure access to a wide range of people.

 

Council could identify reasonable accommodations to go beyond the status quo.

“People with a wide range of abilities” is not defined, therefore the policy statement is uncertain. Council can say that this objective is being achieved simply by following the legal standard although accessibility groups including the DAG have referred to this as the “barest minimum”. Further research is required to identify and define the scope of an accessible facility, because research like the MBIE report shows that legal standards are not sufficient to maintain access for everyone in the community.

 

While this policy addresses the problem that not all members of the community are able to access the built environment, Council must act in accordance with standards like the Building Act 2004.

 

The provisions of this section of the policy are already covered by other policy instruments. For example, the regulation of mobility parking is enforced under the Parking and Traffic Control Bylaw (soon to be Road Use Bylaw), and both the Engineering Standards and Council’s Footpaths Policy regulate footpaths.

 

Even if members of the community report a problem Council is still technically achieving this policy by adhering to legal standards. “Endeavouring” to ensure equitable access also creates a “loophole” because there is no standard set; “endeavouring” to ensure something does not guarantee results to the public and is not recommended wording for a policy document.

 

A set of internal guidelines for staff expressing reasonable accommodations and where it is necessary to act would be more beneficial to both staff and communities than this policy statement.

 

5.3.2    Providing access to participate

Council is required as per the Local Government 2002 to have accessible information and to provide opportunities to everyone in the community to engage.

 

Further investigation is required to identify practicable ways to improve council systems to ensure that people with disabilities have opportunities to fully participate in Council design, planning, and decision making.

 

Staff have participated in some advocacy such as responding to the Office for Disability Issues’ local government survey. Aspects of the policy like establishing ongoing communication with the disability community (b) and building capacity of groups (c) directly relate to the Disability Action Group (DAG). Other aspects like funding in accordance with funding policies are irrelevant to mention. The DAG functions as an advisory group to the Council and staff are able to utilize the DAG meetings and members to gain insight into the experiences of people with disabilities. This can be improved, for example by use of an implementation plan discussing how to address concerns raised by the DAG and better communicate how and what Council is doing to communities.

 

 

5.3.3    Council functions

Council has functions, including the mentioned roles as an employer and provider, regardless of the Policy. For example, providing planning permission as per the Resource Management Act 1991 etc. and as an employer, for which bullying, harassment and equal opportunities for staff are covered by separate internal documents. Therefore, these provisions are not required in a policy.

 

Council has an equal opportunities policy, and a policy relating to bullying and discrimination which makes this section of the policy redundant. The aspects of this policy are standard to protect all employees, and forms of discrimination are liable for lawsuits and going against the Human Rights Act 1993. Moreover, direct mention of inputting the Health and Safety Act (now Health and Safety at Work Act 2015) is also a legal requirement which does not need to be referenced in an external Council policy.

 

Staff are provided with the opportunity to attend “no problem, you’re welcome” disability awareness training but was on hold in 2020 due to the COVID-19 pandemic. This is a suitable objective for improving services, however staff training is an internal matter and not content applicable to an external facing policy.

 

 

5.4     Implementation

A 2019 internal survey found that 35% of Council management/leadership staff were unaware of the policy, or assumed it existed but had not seen it.

 

Support for staff with injuries or different needs, and Health and safety were raised as a positive for Council as a business, but 64% or respondents were uncertain about how they could give effect to the policy in terms of services to the public.

 

However, some team leaders/managers did report positive implementation of the policy in their department such as ensuring that staff receive appropriate disability training, which is guided by Section 5 of the Policy.

 

There is evidence that the policy is not visibly addressing the problem because members of the community still report places and facilities which they cannot access or use, for example footpaths which are difficult to use on a mobile scooter. The policy states that “Council will endeavour to ensure that people with disabilities have equitable access to facilities and the built environment by: … Addressing specific road safety issues raised by people with disabilities. These include problems with specific pedestrian crossings and intersections and uneven footpath surfaces.”

 

This is not successful as the Disability Action Group have raised footpath safety concerns, including the angles of slopes for mobility scooter access causing health and safety issues in crossing the road at some locations in Paihia. While this guiding statement in the policy sets the premise for how Council should act and make decisions, there is reputational risk in communicating this to individuals in the disability community who have raised road safety issues, or who do not have access to Council facilities because of their access needs.

 

There is no baseline data to determine whether there has been improvement.

 

5.5     Disability Action Group input

The Disability Action Group (DAG), as an advisory group to Council, have provided some specific access concerns:

·    insufficient access to footpaths

new designs must meet standards but not old structures

some new footpaths are also not accessible because, as shown by Accelerating Accessibility and the MBIE built environment report, minimum standards are not enough

there is inconsistency across the district 

·    staff responses to complaints

comments, like one instance where a patron was advised to use the road where footpath access is insufficient, show a lack of understanding

·    the level of access has improved, but more can be done

instances of footpaths being built which consider different access needs but are still not accessible to all. One example of this was a footpath developed in 2020 which had a slope gradient for wheelchair and pushchair access, but the sharp turn angle from the slope onto the path means those using mobility scooters would not be able to safely turn onto the path

·    access to information

access to information is not limited to those with visual impairments who require large print, braille, or audio

§ the style guide for report writing Council uses considers accessibility, like plain language and notes to consider translations to EasyRead (different to plain English)[15]  

One concern raised by DAG was that information provided in a Council agenda attachments can sometimes be impossible to read for anyone, for example image attachments being too small yet blurry if zooming in on a device.

 

There is an opportunity to maximize the value of our public services by greater accessibility, and stronger use of the Disability Action Group such as considering the issues raised above is one method of achieving this.

 

6    Further information that may impact on policy development

 

6.1     Regional Accessibility Strategy

The CEO Forum Northland initiated the development of a Regional Disability Strategy. FNDC staff are actively participating in the development of this strategy. Addressing access through a strategy is similar to other Councils including Wellington City and New Plymouth District. The Regional Accessibility Strategy Working Group seeks to identify accessibility problems across Northland and investigate the feasibility of strategic goals to improve accessibility. For example, best practise for improving access to transport. A strategy will deliver direction to accomplish these goals.  A strategy provides an opportunity to target specific access goals to improve wellbeing by engaging with communities and the Disability Action Group.

 

The potential strategy will align with the Northland Forward Together vision, commitment, aspirations and key objectives.

 

A strategy could be more effective in creating outcomes for communities by:

•          setting dates, budgets, and outcomes

•          project specific information

•          action orientated approach instead of guiding statements.

 

This Strategy is currently in the research and information gathering stage. 

 

The research for the potential strategy informed the review of FNDC’s Policy.

 

6.2     Other Far North District Council projects

Other Council projects considering accessibility but unrelated to the Policy include:

·    FNDC District Facilities Strategy (developing)

Includes component on ensuring district facilities are accessible

·    Engineering Standards (under review)

Set minimum requirements for footpaths etc.

·    Footpath Policy (#5004) (existing)

Potential to support Regional Accessibility Strategy

·    FNDC District plan (under review)

15.1 Traffic, Parking, and Access

·    FNDC Integrated Transport Strategy

Identifies key transport problems faced by the Far North and how to improve, including public transport and safety which have implications on accessibility.

 

6.3     Future work from Central Government

The Cabinet agreed to commence the design of an approach to achieve a fully accessible New Zealand in December 2018 following the Accelerating Accessibility Policy Work Programme (Ministry of Social Development, Office for Disability Issues).[16] The Accelerating progress towards accessibility in New Zealand Cabinet Paper to the Social Wellbeing Committee states that New Zealand is currently not fully accessible, with barriers to participation in key life areas across all domains of accessibility – not only the built environment.

 

The Cabinet Paper raises several issues related to access including:

 

·    accessibility not being considered as “important”

access is not being seen as a basic human right by organisations, including government

access is assumed to involve prohibitive cost

·    legislative settings not providing organisations with specific expectations and guidance in order to meet obligations, for example as providers of information or services

·    central government being slow to act on the need to improve accessibility

this policy framework intends to increase the speed of improving access, and this change of pace is relevant to local government in Councils improving access to services and facilities.

Proposed work could include developing a common understanding of what “fully accessible” looks like, and achieving compliance with a standard agreed in co-design with disabled people and their representatives.[17]

 

It is highly likely that Council will need to adopt changes to address accessibility due to Central Government policy updates like the proposed Accelerating Accessibility Framework.

 

Addressing access at local government level will not be ‘undone’ or altered by future legislation, instead acting now means that costs are spread out and Council has more time to improve aspects like access to facilities. This also aligns with our progressive council agenda by looking into the future of our communities and acting continuously developing.

 

7    Discussion

 

7.1     Is a policy still the most appropriate way to address access in the Far North District?

The policy has not been correctly implemented and has not achieved outcomes in improving accessibility as intended when the Disability Action Group initiated the policy.

 

While the policy’s guiding statements are a good direction the Policy is not currently meeting community expectations. The policy is difficult to measure progress against because there was no baseline data undertaken.

The policy appears to fail because of this inconsistency.

 

Instead of guiding statements, a strategy and associated action plan identifying what needs to be changed within a certain timeline would be easier to measure progress against. Strategies are a useful tool for conveying changes and progress to the public, which is beneficial for a large subject like accessibility since potential upgrades to facilities and services will take time to achieve. 

 

A strategy could offer additional benefits, such as

·    Specific actions and timelines for Council to achieve them in

This would help communicate how Council is improving to the public, which can benefit relationships with key stakeholders

·    Defining actions that are beyond legal requirement

Council has an opportunity to act beyond legal standards to improve accessibility, as identified by the Ministry of Business, Innovation, and Employment, and the Office for Disability Issues

·    Providing communities an opportunity to address what changes would make a difference to daily lives

Empowering people with disabilities, including the Disability Action Group, to advise Council.

 

7.2     Is the Policy the most appropriate form of policy?

The Policy is not certain as:

·    some of the language is ambiguous and unclear

·    the policy duplicates legislative requirements.

 

External or Internal Policy

Although the current policy is an external facing document, the matters discussed are directed at staff for decision-making. For example, one of the Policy’s outcomes is for Council staff to receive appropriate training and be aware of disabilities which is an internal matter.

 

Therefore, the Policy serves as a guideline for Council, not the public, and should be treated as an internal document. Due to the high public interest in accessibility, the policy and how it is being implemented requires transparency of information. The supporting communication strategy will ensure that the Policy remains accessible to the DAG and that the public are aware of the policy.

 

The policy becoming an internal document will not negatively influence the desired outcomes, because those outcomes are already internal matters; utilising an internal policy is simply locating the policy where it belongs as an official document.

 

Therefore, the policy is not the most appropriate form of policy.

 

 

8    Conclusion

Overall, the Policy is not the most effective tool for improving access for people with disabilities, a strategy should be considered to address the wider issue of accessibility in the Far North. We know that accessibility can be improved because there are still members of the public who cannot access services and facilities.

If a policy were to remain in place, the Policy needs to be amended to ensure the policy is easily understood, aligns with relevant laws and legislation, and is appropriately designated as either an external or internal policy. 

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5.2         Parks and Reserves Policy Development

File Number:           A3518519

Author:                    Ross Baker, Parks and Reserves Planner

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

 

Take Pūrongo / Purpose of the Report

To recommend to Council that the draft Parks and Reserves Policy be adopted.

WhakarĀpopoto matua / Executive Summary

·      On 30 July 2020, the Strategy and Policy Committee determined that new general policies for the management of parks and reserves be developed.

·      The new policy will replace the Reserves Policy 2017.

·      Consultation and workshops took place between December 2020 and November 2021.

·      This report seeks the Strategy and Policy Committee’s approval of the draft Parks and Reserves Policy and recommend that Council adopt the policy.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend that Council adopt the Parks and Reserves Policy.

 

1) TĀhuhu kŌrero / Background

The previous Reserves Bylaw 2010 expired in 2017. New options to enable the regulation of activities on both Council controlled parks and reserves were presented to Council in an options report on 21 May 2020. The Council determined that (Resolution 2020/28 refers):

That Council agree:

a)         that a bylaw, under the Local Government Act, is the most appropriate way of addressing the problems of nuisance, health and safety and offensive behaviour on Council controlled parks and reserves.

b)        that administration draft a statement of proposal for the Council to make a bylaw to regulate activities on Council controlled parks and reserves, and develop non-regulatory options such as guidelines, education programmes and signage to support the implementation of an adopted bylaw.

In 2020, staff considered non-regulatory options per resolution (b) above. This resulted in a review of the Reserves Policy 2017 that determined that it was deemed not fit for purpose and that a new policy should be developed.

On 30 July 2020, the Strategy and Policy Committee determined that (Resolution 2020/3 refers):

“The Strategy and Policy Committee agrees and recommends to Council that new general policies for the management of parks and reserves be developed”.

The new Parks and Reserves Policy at Attachment 1 is now presented for approval.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The options for the provision of guidance to Council and staff for the operation and management of Council controlled parks and reserves were outlined in the Options Report presented to the Committee on 30 July 2020, as follows:

1.   Do nothing / maintain the status quo (retain the Reserves Policy 2017).

2.   Develop a new general policies document for parks and reserves.

The Options Report recorded that “Option 2 had been assessed as meeting the objectives and purpose of policy development, including providing a well- developed statement of position on ongoing or recurring matters and direction for responses or actions for staff, or for decisions of Council or a Committee. Option 2 would demonstrate consistency with legislation and Council plans and provide for all Council owned and administered open spaces (parks and reserves). In addition, the development of a new policy would benefit the review and development of Reserve Management Plans by reducing duplication of provisions while allowing the development of locally relevant policies.”

Subsequent workshops held with staff across the various Council groups, elected members, and a questionnaire conducted with the Domain Boards and Reserve Management Committees has highlighted a wide range of issues being experienced with the management of the Council’s parks and reserves. These workshops, together with further research has reinforced the conclusions outlined in the 30 July 2020 Options Report.

In conclusion, the recommended option to adopt a new parks and reserves policy remains appropriate.

Issues with current policy

The Reserves Policy 2017 was an amalgamation of several reserve related policies as listed below:

·    Reserves and Parks Management and Preservation

·    Tree Management

·    Reserve Management Committees

·    Encroachments on Council-Owned Land

·    Voluntary Rubbish and Litter Collection

·    Smoke-free Reserves, Parks and Playgrounds

The Reserves Policy 2017 is missing content, contains ambiguous terminology, does not include parks, and includes policy statements affecting non reserves land e.g. roads, trees on Council properties and naming etc. The policy lacks guidance for Council and staff in management and operational matters that are often being experienced on parks and reserves, resulting in ad hoc decision-making affecting numerous topics, including the following:

·    Leasing and licencing.

·    Acquisition, disposal, and land exchange.

·    Granting of easements.

·    Encroachments

·    Structures

·    Lacks guidance on the provision of reserve management plans

Parks and reserves policy content

The new policy aligns with the current legislative framework and contains policy statements that address the following topics:

·    Te Tiriti o Waitangi / Treaty of Waitangi

·    Easements

·    Acquisition, Disposal and Land Exchange

·    Connectivity

·    Structures

·    Domain Boards and Reserve Management Committees

·    Encroachments

·    Reserves Management Plans

·    Leases and Licences

·    Esplanade Reserves and Esplanade Strips

·    Application of Revenue

·    Financial and development Contributions.

Further detailed schedules are provided for greater guidance and to streamline decision making on the following:

·    Easement agreement bond and easement fee

·    Criteria of acquisition, disposal, and land exchange (for parks and reserves only)

·    Criteria for decisions for establishment of structures

·    Role of Domain Boards and Reserve management Committees

·    General provisions for building facilities.

The following content of the Reserves Policy 2017 does not carry over into the new policy:

·    Naming – the naming of parks and reserves will be addressed within a new naming policy that will apply across the full spectrum of Council property, assets and District wide spaces and places.

·    Tree management – a policy to address trees on all Council property is being considered.

·    Voluntary rubbish and litter collection – addressed through the Litter Infringement Policy 2017.

·    Smoke free reserves, parks, and playgrounds – to be reviewed and a new policy created to cover all Council property.

The following matters are not included in the new policy for the reasons outlined:

·    Fencing – addressed in the Fencing Act 1978.

·    Vehicles on beaches – to be addressed within the new parks and reserves bylaw and the road use bylaw.

·    Growth demand / Gap analysis – to be considered during the development of the open spaces’ strategy, growth strategy and spatial planning.

·    Noxious plant control – to be addressed together with tree management.

·    Animals – addressed under the Dog Management Policy 2018, Dog Management Bylaw 2018, and Part 5 of the Reserves Act 1977 and will be assessed as part of proposed new animal management bylaw.

·    Nuisance behaviour – to be addressed in the new parks and reserves bylaw, the Health Act 2006, or via the existing offences and infringement provisions in Part 5 of the Reserves Act 1977.

·    Freedom camping – to be considered upon issue of the proposed amendments to the Freedom Camping Act 2011. There is potential to include within the new parks and reserves bylaw.

·    Community gardens – addressed in the Community Gardens Policy 2013.

·    Roads (formed and unformed) – no activities associated with any aspect of a legal road are included in the new policy.  Council is currently making a Road Use Bylaw for the regulation of activities in the road corridor.

·    Town halls and community centres – addressed in the Community Halls Policy 2016.

·    Cemeteries – addressed in the Cemeteries Policy 2016.

·    Campgrounds – addressed in the Council Owned Campgrounds Policy 2016.

Relevant legislation and policies

A Parks and Reserves Policy is necessary as a non-regulatory tool to provide guidance to the Council and staff for the operation and management of parks and reserves. The policy accords with several statues including the Reserves Act 1977, Local Government Act 2002, Resource Management Act 1991, Public Works Act 1981, and aligns with other Council strategic documents.

The new policy applies to all parks and reserves that are owned by the Council or where the administration, control and management of the park or reserve is vested in the Council.

The policy does not address matters of enforcement, these are either addressed through the existing offences and infringement provisions in Part 5 of the Reserves Act 1977, whilst the planned new parks and reserves bylaw will provide additional offences and infringement controls.

The Parks and Reserves Policy is the higher order document that will inform the proposed bylaw.

The Strategy and Policy Team has programmed to prepare an open spaces strategy that will also be informed by the parks and reserves policy and extend to cover other non-parks and reserves and, Council owned land holdings that are utilised by the public as open space, e.g. beaches, unformed roads etc.

Significance and engagement

A review in line with the Council’s Significance and Engagement Policy concluded that there is high public interest in the topic of parks and reserves. However, the criteria for significance needs to be considered in relation to the content of the policy, and not parks and reserves themselves.

Therefore, the level of significance is low to medium, and Council is not obliged to publicly consult on the attached policy.

The Reserves Policy 2017 was adopted without consultation so it would be consistent to adopt the new policy without formal public consultation as appropriate project engagement has taken place.

Public consultation will occur during the development of the Open Spaces Strategy.

Policy and strategy considerations

Council staff have addressed the appropriateness of the form and content of the new policy by:

·      not including provisions that duplicate legislation or existing Council policy instruments (e.g., District Plan)

·      following best practice drafting standards (as advocated by the Parliamentary Counsel Office)

·      acknowledging policy will be subject to continuous review and may need to be revised with future legislation (e.g., Climate Adaption Act), and Council strategic planning documents (e.g., adopted District Plan and climate change policy etc). 

Implications for Māori

The new policy aligns with the principles and requirements of Parts 2 and 6 of the Local Government Act 2002 by facilitating participation of Māori in decision making relating to parks and reserves.

It requires the Council to give effect to Iwi Hapū Management Plans and general partnership principles when conducting operational and strategic decision making for all matters relating to parks and reserves. It also requires the Council to have consideration to the cultural significance of parks and reserves land – mana whenua iwi worldview and cultural impact assessments when preparing reserve management plans and making strategic decisions that may affect these lands.

The issue of redress and disposition of lands has been raised through the various workshops. To address this matter, the following condition precedent applying to the future disposal of all parks and reserves land has been included:

“The Council will engage, discuss and listen to local Iwi on proposals to dispose of park or reserve land and will offer the land to Iwi, as a first right of refusal to purchase when the Council is not legally required to offer land for sale to the former owner under the Public Works Act offer back regime”.

It is anticipated that market valuation conditions would apply to the first right of refusal.

Implementation Actions

Approval of the policy will enable and give life to an associated work streams e.g., a review of delegations, classification of reserves, review of fees and charges, development of reserve management plans, and review of leases and licenses etc.

Take Tūtohunga / Reason for the recommendation

A Parks and Reserves Policy is necessary to provide staff, elected members, and the public with clear guidance on management issues associated with the Council’s parks and reserves, to accord with the Reserves Act 1977, Local Government Act 2002, Resource Management Act 1991, Public Works Act 1981, and to align with other Council strategic documents.

The proposal in Attachment 1 is the culmination of further review, staff inter group and elected member workshop(s) and questionnaire with the Domain Boards and Reserve Management Committees.

Council staff recommend that the Committee:

·    approves the proposal in Attachment 1.

·    recommends to the governing body of the Council that the proposal in Attachment 1 be adopted.

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

The costs of implementing the policy will be met from existing budgets.

Āpitihanga / Attachments

1.       Draft Parks and Reserves Policy V17 - A3524684  


 

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

In line with the Significance and Engagement Policy the recommendation to adopt the policy will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service.

 

We acknowledge that there is high public interest in the topic of parks and reserves. However, we must consider the criteria for significance in relation to the content of the policy, and not parks and reserves themselves. The risk of consultation outweighs the benefits at this time. Public consultation will occur during the development of the Open Spaces Strategy.

 

Therefore, the level of significance is low to medium, and Council is not obliged to publicly consult.

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, Reserves Act 1977, Resource Management Act 1991, Public works Act 1981, Reserve Management Plans, and Iwi Hapū Management Plans apply to the decision recommended in this report.

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 policy has District wide relevance. The views of the Community Boards were considered during a workshop held with elected members.

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 policy in Section 1 stipulates that Council will give effect to the principles of Te Tiriti o Waitangi, Iwi Hapū Management Plans and general partnership principles when conducting operational and strategic decision making for all matters relating to parks and reserves.

Further that Council will have consideration to the cultural significance of parks and reserves land – mana whenua iwi worldview and cultural impact assessments when preparing reserve management plans and making strategic decisions that may affect these lands.

The only trigger of significance in relation to the content of the policy is the criterion “Of specific interest to Māori”. This is because of the inclusion of a statement under schedule 2 that states:

“Council will engage, discuss and listen to local iwi on proposals to dispose of park or reserve land and will offer the land to iwi, as a first right of refusal to purchase when the Council is not legally required to offer land for sale to the former owners under the Public Works Act offer back regime.”

This addition is positive. It acknowledges Council obligations under Te Tiriti. For this reason, direct engagement with Iwi / Hapū is appropriate.

Te Hono has provided advice that the policy does not need to be subject to specific Iwi / Hapū consultation.

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 directly notified on the policy development:

·    Council internal groups including, Strategy and Policy, Infrastructure and Asset Management, Corporate Services, Democracy Services.

·    Councillors and Community Board elected members (workshop)

·    Domain Boards and Reserve Management Committees.

·    Department of Conservation.

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

The cost of the policy development is covered by current operational budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer.

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

, or where

Parks and Reserves Policy,Adopted:   

 

 

 


Background

The Council owns a significant number of parks and reserves that provide cultural, historical, recreation, leisure, environmental, accessibility and amenity need for residents and visitors to the Far North region.

This policy will guide the Council and the public on decision making matters relating to the control and management of parks and reserves and ensure that the Council fulfils its obligations to address the cultural, social and physical wellbeing of residents and visitors to the region by providing space for recreation, both passive and active, and maintaining and enhancing significant historic, scenic, natural and scientific values.

The Council will adopt the provisions of this policy when it prepares other policies, strategies and plans, or specific developments that affect parks and reserves.

This policy replaces the former Reserves Policy 2017 and has been produced following a robust consultative process.

 

Application

This policy applies to all parks and reserves that are owned by the Council, or where the administration, control or management of the park or reserve is vested in the Council.

The Council has other policies and bylaws that addresses specific infrastructure and operations located on parks and reserve land such as, town halls, community centres, cemeteries, Council offices, town centres, elderly pensioner housing, and camping grounds. This policy complements those specific policies.

 

Definitions

The following definitions apply to this Policy:

·      Acquisition – means obtaining land by purchasing, vestment on subdivision, gifting, or endowment.

·      Council – means the Far North District Council.

·      Landlocked Land – has the same meaning as in section 326 of the Property Law Act 2007.

1.         Related information

2.         As at 3 November 2021, the definition is: “a piece of land to which there is no reasonable access”.

 

·      Multiuse Facility – means a structure that is subject to a lease or licence agreement that will be used by more than one entity.

·      Network Utility Operator – has the same meaning as in section 166 of the Resource Management Act 1991.

3.         Related information

4.         As at 13 April 2021, the definition is: “a person who—

5.         (a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

6.         (b) operates or proposes to operate a network for the purpose of—

7.         (i) telecommunication as defined in section 5 of the Telecommunications Act 2001; or

8.         (ii) radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989; or

9.         (c) is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or

10.       (d) undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

11.       (e) undertakes or proposes to undertake a drainage or sewerage system; or

12.       (f) constructs, operates, or proposes to construct or operate, a road or railway line; or

13.       (g) is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or

14.       (h) is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or

15.       (ha) is a responsible SPV (Special Purpose Vehicle – Infrastructure Funding and Financing Act 2020) that is constructing or proposing to construct eligible infrastructure; or

16.       (i) undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act”

 

·      Park – has the same meaning as in Section 138 Local Government Act 2002

17.       Related information

18.       As at 13 July 2021, the definition is: “land acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977.”

 

·      Policy – means the Council’s adopted Parks and Reserves Policy.

·      Reasonable Access – has the same meaning as in section 326 of the Property Law Act 2007.

19.       Related information

20.       As at 3 November 2021, the definition is: “in relation to land, means physical access for persons or services of a nature and quality that is reasonably necessary to enable the owner or occupier of the land to use and enjoy the land for any purpose for which it may be used in accordance with any right, permission, authority, consent, approval, or dispensation enjoyed or granted under the Resource Management Act 1991.

 

·      Reserve – means any land set apart for any public purpose as defined within the Reserves Act 1977.

21.       Related information

22.       As at 28 October 2021, the definition is: “reserve or public reserve, except as hereinafter provided in this definition, means any land set apart for any public purpose; and includes—

23.       (a) any land which immediately before the commencement of this Act was a public reserve within the meaning of the Reserves and Domains Act 1953:

24.       (b) any land vested in the Crown which after the commencement of this Act is reserved or set apart under Part 12 of the Land Act 1948 or other lawful authority as a reserve, or alienated from the Crown for the purpose of a reserve:

25.       (c) any land which after the commencement of this Act is vested in the Crown by or under the authority of any Act as a reserve:

26.       (d) any land which after the commencement of this Act is taken, purchased, or otherwise acquired in any manner whatever by the Crown as a reserve or in trust for any particular purpose:

27.       (e) any land acquired after the commencement of this Act in any manner by an administering body as a reserve within the meaning of this Act, and any land vested in any local authority which, not theretofore being a public reserve, is by resolution of the local authority pursuant to section 14 declared to be set apart as a reserve:

28.       (f) any private land set apart as a reserve in accordance with the provisions of any Act:

29.       (g) any land which immediately before the commencement of this Act was a domain or public domain within the meaning of the Reserves and Domains Act 1953:

30.       (h) any land, other than a national park within the meaning of the National Parks Act 1980, administered under the Tourist and Health Resorts Control Act 1908:

31.       (i) any land taken or otherwise acquired or set apart by the Crown under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for the purposes of a reserve, a recreation ground, a pleasure ground, an agricultural showground, or a tourist and health resort:

32.       but does not include—

33.       (j) any land taken or otherwise acquired or set apart under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for any purpose not specified in paragraph (i):

34.       (k) any land to which section 167(4) of the Land Act 1948 applies:

35.       (l) any land taken, purchased, or otherwise in any manner acquired, whether before or after the commencement of this Act, by a local authority, unless the land is acquired subject to a trust or a condition that it shall be held by the local authority as a reserve:

36.       (m) any Māori reservation”

37.        

 

·      Structure – means any built physical feature placed on, in, or under the park or reserve.

 

Legislative Context

Parks and reserves are subject to various legislative controls that provide a framework for management, operation and potential divestment of these lands, including but not limited to; Local Government Act 2002; Reserves Act 1977; Resource Management Act 1991 and Public Works Act 1981.

 

Objective

To provide guidance to the Council and staff for the operation and management of parks and reserves that will:

·      provide for the needs and desires of current and future residents of the Far North District

·      ensure that the Council’s strategic planning and investment decisions are well-informed

·      ensure the Council applies consistent and transparent decision-making for parks and reserves

·      ensure the Council delivers a high-quality parks and reserves network that:

is well distributed and well connected to service communities and catchments;

is functional and designed to support the community’s sport, recreation, and physical activity needs;

protects, maintains, and enhances ecosystems, culture, and heritage values; and

provides connectivity between public spaces.

 

 

Section 1 – Te Tiriti o Waitangi / Treaty of Waitangi

 Policies

1.   The Council will follow the principles and requirements in parts 2 and 6 of the Local Government Act 2002 for local authorities to facilitate participation by Maori in local authority decision making relating to parks and reserves.

 

2.   The Council will give effect to Iwi Hapū Management Plans and general partnership principles when conducting operational and strategic decision making for all matters relating to parks and reserves.

3.   The Council will have consideration to the cultural significance of parks and reserves land – mana whenua iwi worldview and cultural impact assessments when preparing reserve management plans and making strategic decisions that may affect these lands.

 

Section 2 – Easements

The Council will from time to time receive requests from adjoining landowners, Network Utility Operators and unrelated third parties for access or for the provision of services through or over parks and reserves and will apply this policy to make decisions in relation to the granting of easements.

Policies

·      The Council will at its sole discretion and in line with Section 48 of the Reserves Act 1977 determine whether an easement application over park or reserve land is to be advanced.

 

·      The Council will not grant an easement if the applicant has another reasonable land based practicable alternative option that does not involve the park or reserve.

 

·      If an easement through, on or over the park or reserve is the only reasonable land based practicable option, and the Council agrees to grant the right of an easement, then the route of the easement must be designed to minimise the impact on the land and the public’s enjoyment of that land.

 

·      The Council will consider at its sole discretion the granting of easements over a park or reserve if this is the only means of unlocking access to physically or legally landlocked land.

·      The Council will consult with the Domain Board or Reserve Management Committee (if applicable) and local Community Board before an easement application is presented to Council for consideration.

·      The Council will require an agreement to grant easement to be entered with the applicant, conditional upon Council approval that outlines the process and parties responsibilities, including costs, and full detailed design of any services and structures to be installed within the easement area before the processing of the easement commences. The agreement will require an advance bond payment of an agreed sum to cover all costs as listed in Schedule 1.

·      All approved easement applications over parks or reserve land will be charged the full current market valuation for the easement right(s) as a one-off easement fee as per the conditions in Schedule 1.

·      The Council’s staff or assigned consultants will project manage the easement legalisation process.

Section 3 – Acquisitions, Disposal and Land Exchange

The Council will from time to time make decisions to acquire, dispose of and exchange parks and reserves land. The Council is from time to time presented with land exchange opportunities that involve the exchange of part or all a park or reserve for non-park or reserve land.

Policies

1.   The Council will make decisions in relation to the acquisition, disposal and land exchanges of parks and reserves in accordance with the requirements set out in Schedule 2 of the policy.

2.   The Council will not sell a park or reserve if the land fulfils its purpose, classification, meets the objectives of Council’s policies, strategies and plans, provides connectivity, or will disadvantage the public.

3.   The Council will consider the processes and matters set out in Schedule 2 before it decides whether the sale, disposal, or exchange of part or all of the park or reserve is to be advanced.

Note:- The final decision on the revocation of a reserve status rests with the Minister of Conservation. If the Minister of Conservation declines the request for revocation then the sale process ceases.

Section 4 – Connectivity

Policies

1.    The Council will actively seek to acquire land that creates connectivity between public spaces and provides significant public benefit.

 

2.    The Council will acquire or engage developers to vest land or funds to provide connectivity to and between parks, reserves, waterways, subdivisions, nature areas, neigbourhoods and communities to create better spaces and corridors for walking, cycling and passive recreation.

Section 5 – Structures

There are often competing demands for park and reserve space including requests to establish structures and facilities. The Council will ensure that parks and reserves, open land areas and the character of the space will not be diminished through the establishment of inappropriate development.

Policy

1.   The Council will at its sole discretion approve or decline applications for the establishment of any and all structures, including for single purpose user groups, and encourage where there is a demand to accommodate multiple complimentary user groups the establishment of single building or structure with multi-use facilities on parks and reserves based on the criteria set out in Schedule 3.

Section 6 – Domain Boards and Reserve Management Committees

From time to time the Council will transfer the day-to-day management of specific reserves to Domain Boards and Reserve Management Committees.

Policies

1.   Council will support existing Domain Boards and Reserve Management Committees and will facilitate the establishment of new Domain Boards and Reserve Management Committees.

 

2.   Domain Boards and Reserve Committees are to undertake the management of specific reserves as set out in Schedule 4.

Section 7 – Encroachments

There is a legacy of neighbouring property structures such as decks, sheds, boat ramps, jetties, driveways, fencing and landscaping encroaching illegally onto parks and reserves that prevents or discourages public use or access to that park or reserve.

Policies

1.   The Council will not permit existing encroachments onto parks and reserve land to remain unless subsequent written approval from the Council had been obtained.

2.   The Council will not grant retrospective authority for encroachments on parks or reserves unless, the Council at its sole discretion determines that the encroachment provides betterment to the public for enhanced use of the park or reserve, are deemed safe, fit for purpose and comply with appropriate regulatory and legislative requirements e.g. Building Act etc
 

3.   The Council will require all unauthorised encroachments to be removed and the land reinstated by the landowner whose property is associated with that encroachment, at that landowner’s cost.

Section 8 – Reserve Management Plans

The Council shall within 5 years of its appointment as the administering body or within 5 years after the commencement of the Reserves Act 1977, whichever is the later, prepare and submit to the Minister of Conservation for his or her approval a management plan for the reserve under its control, management or administration (Section 41 of the Reserves Act 1977).  Reserve management plans shall provide for and ensure the use, enjoyment, maintenance, protection and preservation, and the development as the case maybe for, recreation, historic, scenic, nature, scientific, Government purpose and local purpose reserves.

Policies

1.   The Council will systematically prepare and adopt reserve management plans for all the reserves it owns and those reserves where administration, control or management is vested in the Council as follows:

(a)  individual reserve management plans to be prepared for all large multi-user recreation reserves such as premier reserves that are subject to competing uses or development needs

(b)  individual reserve management plans to be prepared for historic reserves because of the need to record the historic reason and relevance for the creation of that reserve

(c)  individual reserve management plans to be prepared for local purpose reserves where the notice of vesting or notice to control and manage directs that a management plan is required (Section 41 (16) Reserves Act 1977)

(d)  single district wide reserve management plans to be prepared for all scenic reserves.

(e)  single ward wide reserve management to be prepared for smaller scale recreation reserves that currently do not have an individual reserve management plan and are not subject to significant demand and local purpose reserves (excludes esplanade reserves).

2.   The Council may from time to time, due to changing circumstances, decide at its sole discretion that an individual reserve management plan(s) be required for any reserve or grouping of reserves.

 

3.   The Council will keep its reserve management plans under continuous review so that the plans are adapted to changing circumstances or in accordance with increased knowledge.

4.   The Council may from time to time choose to implement management plans for parks adopting the reserve management plan process, however such management plans are not a legislative requirement.

 

 

Section 9 – Leases and Licences

Policies

1.    The Reserves Act 1977 sets out the statutory processes associated with the granting of leases and licences on reserves however a lease cannot be for a term longer than 33 years with a further right of renewal of 33 years.

2.    The Council will review all applications for a lease or licence to ensure that the purpose of the lease or licence is provided for within the Reserves Act 1977, before considering whether to grant the lease or licence.

3.   A lease or licence of part or all of a park with a term of 6 months or longer that has the effect of excluding or substantially interfering with the public’s access to the park is considered to be disposal (refer to Section 3 of this policy) and the Council must consult on that lease or licence proposal (Section 138 Local Government Act 2002).

4.   A lease or licence of part of a record of title area of 35 years is deemed to be a subdivision (Section 218 Resource Management Act 1991).

5.   The Council will discourage the granting of exclusive use of all or part of a park or reserve where that use will exclude the public, except where Council deems that exclusive use to be appropriate.

6.   The Council will require leases and licences to be entered into where exclusive use of part, or all the park or reserve is proposed.

7.   The granting of a lease or licence on reserves must either comply with the provision of the associated reserve management plan or be subject to separate consultation.

8.   The Council will consult the relevant Domain Board, Reserve Management Committee (if applicable) and local Community Board on lease and licence application proposals prior a Council decision.

9.   The Council will grant exclusive leases of part or all of a park or reserve for a maximum term of 15 years with a further right of renewal for 15 years if it deems such terms to be appropriate. The lease will include the general provisions as set out in Schedule 5. 

10.  The Council maintains and applies a schedule of fees, charges, and bonds as security against potential reinstatement costs for the use of parks and reserves for leases, licences and events.

 

11.  All planned events on parks and reserves are required to be booked in advance through the Council’s online “Book a Park, Reserve or Open Space” system.

 

Section 10 – Esplanade Reserves and Esplanade Strips

Esplanade reserves and esplanade strips may be required when land is subdivided, when land is reclaimed, developed or when a road is stopped under the Local Government Act 1974. They can also be created voluntarily.

Esplanade strips are a legal instrument (like an easement) created between a landowner and the Council. They are registered on the property’s record of title, but the land within the strip remains in the ownership of the landowner and does not need to be formally surveyed.

Unlike esplanade reserves, the width of an esplanade strip remains unchanged within the same allotment. For example, if a riverbank erodes by 2 metres, the width of the esplanade strip then extends beyond its old boundary by 2 metres to offset the lost ground.

Policies

1.   The Council will through the District Plan rules require developers to provide esplanade reserves or esplanade strips to contribute to the protection of conservation, enable public access to or along any sea, river or lake, or to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river or lake when the use is compatible with conservation values. (s.229 Resource Management Act 1991).

2.   Except as provided for by any rule in the District Plan or a resource consent that waives, or reduces the width of the esplanade reserve, where any allotment of less than 4 hectares is created when the land is subdivided, an esplanade reserve of 20 metres in width shall be set aside from that allotment along the mark of the mean high water springs of the sea, along the bank of any river (river bed to have an average width of 3 metres of more) or along the margin of any lake (whose bed has an area of 8 hectares or more), as the case may be. (s.230 Resource Management Act 1991).

3.   The Council will only accept vestment of esplanade reserves on subdivision when they are clear of noxious plants.

4.   The Council will classify local purpose esplanade reserves once the land has been vested in the Council.

5.   The Council will consider climate change when deciding whether to accept an esplanade reserve or esplanade strip on subdivision. Climate change is causing sea level rise, an increase in frequency and impact of storm weather events resulting flooding and or erosion incidences where in some cases esplanade reserve widths have diminished to the point where the public are now unable to traverse the length of that esplanade reserve. To avoid these situations occurring, esplanade strips will be requested instead of esplanade reserves when there is evidence available through sources such as the Northland Regional Council River Flood Hazard Maps, and Coastal Hazard Maps that there is a reasonable expectation that the 20-metre width of the esplanade will diminish in the future. By doing so the Council will future proof public access and connectivity.

 

Section 11 – Application of Revenue

Policies

1.    The Council will deposit into a suitable Council bank account all net monetary proceeds received from parks and reserves by way of rent, royalty, tree clearance, accommodation, land sale, land exchange, leasing and licensing including farming and afforestation.

 

2.   The Council will apply the net monetary proceeds from Section 11 Policy 1 to purchasing, taking on a lease, managing, administering, maintaining, protecting, improving, or developing parks and reserves in the same Council Ward to generally benefit, where appropriate, the community from which the net monetary proceeds were derived.  

 

Section 12 – Financial and Development Contributions

The Council may use financial or development contributions on subdivisions and or developments as a mechanism to provide or improve reserves within the district.

Policies

1.   The Council may require financial contributions of money, or land including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Māori land within the meaning of the Te Ture Māori Land Act 1993 unless the Act provides otherwise; or a combination of money and land (Section 108(9) Resource Management Act 1991). The level of contribution is determined in the manner described in the district plan or proposed district plan (Section 108(10) Resource Management Act 1991).

 

2.   The Council may in accordance with its Development Contributions Policy charge development contributions on subdivisions and developments to go towards paying for growth related infrastructure including parks and reserves (Section 106 Local Government Act 2002).

 

Monitoring and Implementation

·      Implementation of the policy will be monitored by the Council.

·      This policy will be reviewed in response to issues that may arise, every 5 years, at the request of the Council, or in response to changes to legislative or statutory requirements (whichever occurs first).

·      Amendment to this policy following a review will be subject to a public consultative process.

Change to Schedules

The schedules in this Policy may be amended at any time by Council resolution.

 

Schedule 1 – Easement agreement bond payment and easement fee

Easement agreements will require an advance bond payment to cover all Council costs as per the provisions of this Schedule under Section 2 – Easements Policy (4).

These costs for the bond payment include but are not limited to:

·      staff time

·      survey

·      legal

·      public and iwi consultation

·      valuation and Land Information New Zealand

·      Council s.243 Resource Management Act 1991 consent charges.

Approved easement applications will be charged a one-off easement fee as per the following conditions of the Schedule under Section 2 – Easements Policy (5).

·      The full current market valuation for the easement right(s) as determined by an independent registered valuer appointed by Council.

·      The valuation shall be completed in accordance with the compensation principles contained within the Public Works Act 1981, including consideration of injurious affection and damages.

·      The valuer is to adopt a land value in the compensation assessment that assumes the land rate of similar non reserve or park land in the locality. 

·      The added value benefit that the easement provides to the applicant shall also be determined and a percentage of the added value benefit, to be negotiated, shall form part of the one-off easement fee together with the valuation easement fee.

 

Schedule 2 – Criteria for acquisition, disposal, and land exchange decisions (for parks and reserves only)

Acquisition

Council will make decisions regarding acquisitions based on the following criteria outlined in the Schedule under Section 3 – Acquisitions, Disposal and Land Exchange 

·      Will the acquisition fulfil the Council’s objectives, policies, strategies, and plans?

·      Will the acquisition provide connectivity between existing parks and reserves, neighbourhoods, water bodies and existing open space public lands?

·      Does Council have available budget to acquire the land and maintain the land?

·      The land must have physical and legal access, be accessible for the public, will not generate foreseeable public safety concerns, and be of a suitable size and scale to meet the Council’s requirements.

·      Does the land meet passive or active recreational requirements, or the protection of environmental landscapes, cultural landscapes, features, and habitats?

Disposal
The Council decision to advance the Reserves Act 1977 revocation processes including public and iwi consultation processes for a reserve and sale for a park will only occur after all the processes and matters set out below have been addressed:

·    A land status investigation to determine whether the land was derived from the Crown must be undertaken. (Note:-if the land was derived from the Crown then the land reverts to the Crown under Section 25 of the Reserves Act 1977).

·      The Council does not have another public works use for the land.

·      The Council has determined its obligations under the Public Works Act 1981 offer back regime.

·      The Council has consulted the local Community Board on any proposal to dispose of a park or reserve or to use that land for another public work.

·      The Council has considered its obligations under the Section 1 of this policy - Te Tiriti o Waitangi / Treaty of Waitangi.

·      The Council will engage, discuss and listen to local Iwi on proposals to dispose of park or reserve land and will offer the land to Iwi, as a first right of refusal to purchase when the Council is not legally required to offer land for sale to the former owner under the Public Works Act offer back regime.

 

Land exchange

The Council will address the following processes and matters before advancing a land exchange:

·      The land exchange must beneficial to the park and reserve and equitable by way of land and or cash adjustment.

·      The land exchange results in a net benefit to the public.

·      The land exchange shall align with the Council’s policies strategies and plans.

·      The Council has determined its obligations under the Public Works Act 1981 offer back regime for that portion of park or reserve being exchanged.

·      The Council has consulted the local Community Board on the proposal.

·      The Council has considered its obligations under Section 1 of this policy - Te Tiriti o Waitangi / Treaty of Waitangi.

 

Schedule 3 – Criteria for decisions for establishment of structures

Council will make decisions to approve or decline applications for the establishment or placement of structures, including single use and multi-use facilities on parks and reserves based on the following criteria, with reference to Section 5 – General provisions for building facilities:

·      All structures must be deemed safe, fit for purpose and comply with the appropriate regulatory and legislative requirements e.g. Building Act etc. For new structures being promoted by volunteer or community entities, and for single user or multi-use facilities that may or may not be subject to a possible lease or licence agreement, the applicant must prove that it has community support for the installation of that structure and has the financial basis to complete the installation of the structure to the satisfaction of Council. Where the structure is subject to a lease or licence agreement the applicant will maintain that structure. The policy considerations in Section 9 and Schedule 5 are to be referenced.

·      The applicant shall provide to Council detailed drawings of the structure prior to construction.

·      The ownership of a structure that is not subject to a lease or licence agreement transfers to the Council once that structure installation is complete. Ownership and responsibility for the structure prior to its completion rests with the party responsible for the installation of that structure.

·      The ownership of a structure that is subject to a lease or licence agreement is addressed in Schedule 5.

·      The applicant shall demonstrate to Council that it has a sound governance structure that is appropriate for the specific situation.

·      The applicant will consult with Council staff on the proposal for the establishment or placement of the structure on the park or reserve before the applicant consults with the Domain Board and Reserve Management Committee (if applicable) together with the local Community Board on the proposal as part of Council’s decision-making process.

·      If Council approves the proposed structure that is to be subject to a lease or licence then an agreement to grant a lease or licence agreement will be negotiated with the applicant detailing all conditions to be met prior to the Council entering a deed of lease or deed of licence. A specific requirement is that an asset management plan detailing lifecycle maintenance funding will be required. The policy considerations in Section 9 “Leases and Licences” is to be referenced.

·      The Council may at any time and for any reason remove a structure from a park or reserve where that structure is not subject to a lease or licence. Where a structure is subject to a lease or licence then the terms of that lease or licence shall apply. 

 

Schedule 4 – Role of Domain Boards and Reserve Management Committees

Council will sometimes transfer the day-to-day management of specific reserves to Domain Boards and Reserve Management Committees. Domain Boards and Reserve Management Committees are expected to undertake the following under Section 6 – Domain Boards and Reserve Management Committees:

·      Undertake day to day management of the reserve including administration of the reserve.

·      Engage local contractors to do basic reserve maintenance.

·      Foster and promote sport and passive recreation.

·      Provide advice to the local Community Board on on-going reserve management.

·      Advise Council where and when major maintenance and capital improvements to the reserve are required.

 

Schedule 5 – General provisions for building facilities

All leases associated with building structures not funded or built by Council will require the following under Section 9 - Leases and Licenses:

·      Either transfer of ownership of the building structure to Council on the termination of the lease, or removal of the building structure and reinstatement of the land at the lessees’ cost.

·      Asset management plans and proof of available funding to maintain the building structure in accordance with the approved asset management plan during the term(s) of the lease.

·      Forfeiter of the lease should the lessee’s membership or patronage of the building or structure decline to the point where Council deems that there is a better alternative use for that facility.

·      Lessee and licensees will be required to cover all outgoings including utilities associated with the use of the park or reserve.

 

 

 

 

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5.3         Review of Class 4 Gaming and TAB Venues Policy

File Number:           A3534272

Author:                    Briar Macken, Team Leader - Policy

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

 

Take Pūrongo / Purpose of the Report

To continue to amendment the Class 4 Gaming and TAB Venue Policy.

WhakarĀpopoto matua / Executive Summary

·      Council is required by legislation to have a Class 4 gaming and a TAB venue policy.

·      The Class 4 Gaming and TAB venue policy was due for review in 2017. The Policy does not cease to have effect because it is due for review.

·      The Racing Industry Act 2020 replaced the Racing Act 2003.

·      A review of the Policy must have regard to the social impacts of gambling in the district.

·      The demographics of the district mean that our communities are more vulnerable to the detrimental effects of problem gambling.

·      A significant amount of money is removed from the district due to class 4 gambling.

·      The existing sinking lid policy has been effective in reducing the number of class 4 gambling venues and Electronic Gaming Machines.

·      A sinking lid policy is the most appropriate way to address the establishment of class 4 gaming and TAB venues in the district.

·      The Policy is not in the appropriate form because the Policy is not certain and is not consistent with relevant laws and legislation.

·      The Policy should continue with amendment.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that the Council:

a)      note, under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020, the Class 4 Gaming and TAB Venue Policy has been reviewed regarding the social impacts of gambling in the Far North District.

b)      approve, under section 102 of the Gambling Act 2003, that the Class 4 venues policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to improve certainty.

c)      approve, under section 102 of the Gambling Act 2003, that the relocation policy component of the Class 4 Gaming and TAB Venue Policy continue with amendment to further align with the intent of the Class 4 gaming sinking lid policy.

d)      approve, under section 97 of the Racing Industry Act 2020, that the TAB venues policy component of the Class 4 Gaming and TAB Venue Policy be replaced by a sinking lid policy.

 

1) TĀhuhu kŌrero / Background

The Council is required to have a Class 4 gaming policy under section 101 of the Gambling Act 2003. The Council is also required to have a TAB venue policy under section 96 of the Racing Industry Act 2020.

The Class 4 Gaming and TAB Venue Policy (Policy) was last reviewed on 30 October 2014. The 2014 policy was developed in consultation with residents, community stakeholders, Police and Public Health. The policy was amended to become the Class 4 Gaming and TAB Venue Policy, and the policy moved to follow a “sinking lid” policy model.

Under section 102 of the Gambling Act 2003 and section 97 of the Racing Industry Act 2020, the Policy must be reviewed every three years. Whilst the review date has since passed (2017), the policy does not cease to have effect and continues to have effect.

When adopting a class 4 gaming venue policy and / or a TAB venue policy, the Council must have regard to the social impact of gambling within the district.

Further to section 102 of the Gambling Act 2003, when conducting a review of the Policy, the Council must consider whether to include a relocation policy.  When considering a relocation policy, the Council must consider the social impact of gambling in high-deprivation communities in the Far North District.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council’s role relating to Class 4 gaming and TAB venues

Gambling Act 2003

As outlined in section 101 of the Gambling Act 2003 every territorial authority must adopt a Class 4 venue policy.

The Class 4 venue policy must specify:

•      whether or not Class 4 venues may be established in the Far North District

•      where venues may be located (if the policy allows venues)

The Class 4 venue policy may:

•      specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue

•      include a relocation policy.

In adopting the policy, the Council must have regard to the social impact of gambling within its district.

Further to this section 100 of the Gambling Act 2003 states the Council must consider applications, in accordance with its Class 4 venue policy, for:

•      a new Class 4 venue

•      existing venues that held a licence on 17 October 2001 but have not held a licence in the last six months

•      amendments to Class 4 venue licences to allow an increase in the number of gaming machines that may be operated at a venue.

Racing Industry Act 2020

The Racing Industry Act 2020 replaced the Racing Act 2003 and requires territorial authorities have a consistent legislative approach between the two Acts with regards to TAB venue policies. Under section 96 of the Racing Industry Act 2020, Council must adopt a TAB venue policy.

A TAB venue is any premise that is owned or leased by the TAB and where the main business carried out is providing racing-betting or sports-betting services.

Council does not have authority over other venues where the main business is not racing-betting or sports-betting which provide TAB facilities e.g., on licensed premises.

The TAB venue policy must specify:

•      whether or not TAB venues may be established in the Far North District

•      where venues may be located (if the policy allows venues).

In adopting the policy, the Council must have regard to the social impact of gambling within its district.

 

Further to this section 95 of the Racing Industry Act 2020 states the Council must consider applications for a new TAB venue in accordance with its TAB venue policy.

Social impacts of gambling the Far North District

Staff have completed a separate report on the social impacts on gambling in the Far North District and concluded that the demographics of the Far North District mean our communities are more vulnerable to the detrimental effects of problem gambling. A summary of key points from the report are outlined below. For further information please refer to the full report (Attachment 02).

Gambling participation in New Zealand

There are four main types of gambling legally allowed in New Zealand:

•      Sports betting through the TAB

•      Class 4 Electronic Gaming Machines (EGMs), also known as pokie machines

•      New Zealand Lotteries Commission (Lotto)

•      Casinos.


The 2018 Health and Lifestyles Survey found that:

•      67% of adults participated in some form of gambling in the previous 12 months

•      gambling participation has decreased since 2006 (from 83%)

•      Lotto is the most common form of gambling (55% of respondents)

•      11% played EGMs outside of a casino

•      11% participated in TAB betting.

Although only 11% of New Zealand adults played EGMs, total expenditure on Class 4 EGMs ($924m) is almost twice that of Lotto ($530m).

Gambling related harm

Most people can safely enjoy gambling as a recreational activity. However, research shows that approximately 22% of New Zealand adults will be adversely affected by their own gambling or the gambling of others. 

Problems associated with gambling harm include:

•      detrimental effects on an individual’s physical, emotional and psychological health

•      financial difficulties

•      bankruptcy

•      reduced employment performance

•      relationship conflict

•      family violence

•      child neglect

•      criminal activity such as theft and fraud.

Different forms of gambling carry different levels of risk for gambling harm. EGMs are a high-risk form of gambling, as they are a solitary activity rather than social, and are continuous. EGMs are cited as a problem for almost 50% of the people who seek help for their gambling.

Gambling related inequities

1.8% of New Zealand adults experience moderate to severe risk of problem gambling. However, this risk is not evenly distributed. Risk for problem gambling is higher for Māori (8.6%) and Pasifika (7.6%) populations. 

Total gambling participation is similar across ethnicities and deprivation levels, but the types and cost of gambling are not evenly spread.

•        People living in the most deprived neighbourhoods are more likely to participate in EGM activities, which are high-risk.

•        Considerably more gambling harm is experienced by those living in areas with a high social deprivation index score (8/10 or higher).

•        People living in deprived neighbourhoods are 4.5 times more likely to experience gambling-related arguments or financial problems related to gambling.

Of the 19 class 4 venues in the Far North District:

•        the majority (12) are in the highest deprivation areas (decile 9-10)

•        5 are in medium-high deprivation areas

•        2 are in medium deprivation areas.

The demographics of the Far North District mean that our communities are more vulnerable to the detrimental effects of problem gambling. A large proportion of the Far North District consists of highest deprivation areas, and 50% of the population of the Far North is Māori. Both factors significantly increase the risk of gambling harm.

Gambling expenditure in the Far North District

In 2019, the total money spent on class 4 EGMs in the Far North District was $15.7 million, however only $2.4 million was returned to the district in grants to community and sporting groups. These figures suggest that, overall, a significant amount of money is taken out of the district.

Despite the decrease in the number of EGMs and class 4 venues since 2014, class 4 gambling expenditure (both absolute and per machine) in the Far North District has increased by a larger proportion than the change across New Zealand as a whole.

Review findings

Staff have completed a separate report to capture the review of the Policy (Attachment 01).  For further information please refer to the full report.

The review has identified that a sinking lid policy is the most appropriate way to address the establishment of Class 4 gaming venues in the district for the following reasons:

•      the existing sinking lid policy has been effective in reducing the number of Class 4 gambling venues and EGMs machines

•      the demographics of the district mean that our communities are more vulnerable to the detrimental effects of problem gambling

•      a significant amount of money is removed from the district due to class 4 gambling.

The review has identified that a restrictive relocation policy is the most appropriate way to address the relocation of Class 4 gaming venues in the district as the policy supports the intent of a sinking lid policy.

The review has identified that an open policy is not an appropriate way to address the establishment of TAB venues in the district for the following reasons:

•      the demographics of the district mean that our communities are more vulnerable to the detrimental effects of problem gambling

•      there are currently no TAB venues in the district and allowing TAB venues to establish may lead to an increase of gambling related harm.

A sinking lid policy would be a more appropriate way to address the establishment of TAB venues in the district.

The relocation policy could be amended to take into consideration the Waikiwi Decision, and further align with the intent of the Gambling Act 2003 and the sinking lid policy by:

•      restricting relocations in high deprivation areas

•      restricting proximity to another gambling venue

•      removing financial reasons from the relocation criteria.

Further research is required to identify the most appropriate way to manage the relocation of class 4 venues.

Some provisions in the policy are not certain. Therefore, amendments are required to improve clarity regarding:

•      the definition of a sinking lid policy

•      the criteria for relocation.

The policy is not consistent with relevant laws and legislation and needs to align with the Racing Industry Act 2020.

Therefore, the Policy is not in the most appropriate form and should be amended.

Options

The Far North District is more vulnerable to the detrimental effects of problem gambling therefore, a sinking lid policy is the most appropriate way to address the establishment of both Class 4 gaming and TAB venues in the Far North District.

All options require a special consultative process under section 83 of the Local Government Act 2003.

Option One: Status quo: The Policy continues with minor amendments

 

The Policy current refers to the Racing Act 2003 and must be amended to align with the Racing Industry Act 2020. The requirements for territorial authorities with regards to TAB venue policies are consistent between the two Acts.

Further minor amendments can improve certainty regarding definition of a sinking lid policy.

Advantage and Disadvantages of continuing with minor amendments

Advantages

·      Policy aligns with the relevant legislation

·      Policy is more certain regarding the intent of the sinking lid policy.

 

Disadvantages

·      Relocation Policy continues to have provisions that are unnecessary because of the precedent set by the Waikiwi Decision (2019).

·      Relocation Policy does not align with the intent of the sinking lid policy

·    Council continues to allow the establishment of stand-alone TAB venues which may have a detrimental effect on our vulnerable communities.

 

Option Two: The Policy continue with amendments to the relocation policy components

The relocation policy component is amended to further align with the intent of the sinking lid policy.

Minor amendments are made to align with current legislation and improve certainty regarding definition of a sinking lid policy.

Advantages and Disadvantages of continuing with amendments to the relocation policy components

Advantages

·      Removing provisions that are unnecessary because of the precedent set by the Waikiwi Decision (2019).

·      Removing provisions that do not align with the intent of a sinking lid policy

·      Improves the effectiveness of a sinking lid policy

·      Policy aligns with the relevant legislation

·    Policy is more certain regarding the intent of the sinking lid policy.

Disadvantages

·      Council continues to allow the establishment of stand-alone TAB venues which may have a detrimental effect on our vulnerable communities.

 

Option Three: The Policy continues with amendments to the TAB policy components

The Policy is amended to have a consistent sinking lid policy across both Class 4 and TAB venues.

Minor amendments are made to align with current legislation and improve certainty regarding definition of a sinking lid policy.

Advantage and Disadvantages of continuing with amendments to the TAB policy components

Advantages

·      No stand-alone TAB venues will be able to be established which takes into consideration the detrimental effect of gambling on our vulnerable communities

·      Policy aligns with the relevant legislation

·      Policy is more certain regarding the intent of the sinking lid policy.

 

Disadvantages

·      Relocation Policy continues to have provisions that are unnecessary because of the precedent set by the Waikiwi Decision (2019).

·    Relocation Policy does not align with the intent of the sinking lid policy

 

Option Four: The Policy continues with amendments to both the relocation and the TAB policy components (recommended option)

The relocation policy component is amended to further align with the intent of the sinking lid policy.

The Policy is amended to have a consistent sinking lid policy across both Class 4 and TAB venues.

Minor amendments are made to align with current legislation and improve certainty regarding definition of a sinking lid policy. 

Advantage and Disadvantages of continuing with amendments to both the relocation and TAB policy components

Advantages

·      Removing provisions that are unnecessary because of the precedent set by the Waikiwi Decision (2019).

·      Removing provisions that do not align with the intent of a sinking lid policy

·      No stand-alone TAB venues will be able to be established which takes into consideration the detrimental effect of gambling on our vulnerable communities

·      Improves the effectiveness of the sinking lid policy

·      Policy aligns with the relevant legislation

·    Policy is more certain regarding the intent of the sinking lid policy.

Disadvantages

None

Take Tūtohunga / Reason for the recommendation

A sinking lid policy is still the most appropriate was of addressing problems relating to Class 4 venues in the Far North District.

A new form of policy is needed to ensure the policy:

·    is consistent with relevant laws and legislation

·    is certain

·    takes a consistent approach to minimise the harm caused by gambling in the Far North District.

Next Steps

If Council agrees with the recommendation, a new form of policy will be drafted and is planned to be presented to the Strategy and Policy Committee by 14 June 2022.

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

The cost of consulting on continuing the Policy with amendment will be met from existing budgets.

Āpitihanga / Attachments

1.       Review Report - Class 4 Gaming and TAB Venues Policy - A3563631

2.       Social Impacts Assessment of Gambling - A3563675

3.       Class 4 Gaming and TAB Venue Policy - A3563682  


 

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

In line with the Significance and Engagement Policy the recommendation to continue the policy with amendment will have little effect on financial thresholds, ratepayers, specific demographics or levels of service. Legislation requires a special consultative procedure occur. Therefore, the level of significance is medium.

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

Section 102 of the Gambling Act 2003, section 97 of the Racing Industry Act 2020 and section 83 of the Local Government Act 2002 applies to the decision recommended in this report.

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 proposal has District wide relevance and therefore the Community Boards views have not been sought. Specific local area consultation may be required regarding the drafting of the relocation policy component.

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.

Seeking the views and input of iwi in the development of policies is integral. Māori are significantly more likely than non-Māori to be impacted by the harmful effects of gambling. Māori will be given an opportunity to contribute during the consultation stage of the policy development process.

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).

Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase including:

·    community groups concerned about class 4 gaming and TAB venues in their community

·    hospitality industry

·    Ngā Tai Ora – Public Health Northland

·    social service organisations

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

The cost of consulting on continuing the Policy with amendment will be met from existing operation budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5.4         Easter Sunday Trading Policy

File Number:           A3534512

Author:                    Caitlin Thomas, Strategic Planner

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

 

Take Pūrongo / Purpose of the Report

To develop a new Easter Sunday Trading Policy to permit shops to open on Easter Sunday across the district.

WhakarĀpopoto matua / Executive Summary

·      The current Easter Sunday Trading Policy will automatically revoke on 17 February 2024.

·      The Easter Sunday Trading Policy 2017 allows trade on Easter Sunday across the whole of the Far North District.

·      In the absence of a policy the only trade occurring in the district on Easter Sunday will be trade exempt under the Shop Trading Hours Act 1990.

·      Staff recommend that a new Easter Sunday Trading Policy be developed allowing shops to open on Easter Sunday across the whole of the Far North District.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that Council approve, pursuant to section 5A of the Shop Trading Hours Act 1990, a new Easter Sunday Trading Policy be developed allowing shops to open on Easter Sunday across the whole of the Far North District.

 

1) TĀhuhu kŌrero / Background

Easter Sunday is not a public holiday although it is a very important day in the Christian calendar. 

The Shop Trading Hours Act 1990 was amended in 2016 to enable territorial authorities to decide whether retailers in their districts can open on Easter Sunday in either the whole or part of the district.

This policy cannot control or override shop trading provisions in other legislation, such as defining specific opening hours, liquor licensing provisions or determining what types of shops may open.

Section 5A of the Shop Trading Hours Act 1990 (the Act) enables the Council to have a local Easter Sunday shop trading policy permitting shops to open on Easter Sunday in either the whole or part of the district.

Council adopted a policy to enable Easter Sunday trading across the whole district on 17 February 2017. The Policy was developed in consultation with the community.

46 submissions relating to this policy were received in 2017 (22 in favour and 24 opposed to Easter Sunday Trading).

Support for allowing trade on Easter Sunday (in addition to businesses already exempt, such as pharmacies) stem from the economic and social benefits to communities. Tourist destination towns can stay open for business to provide for visitors who travel for the long weekend.

Those opposed to trading on Easter Sunday in the District were mainly concerned that retail staff would lose one of their last remaining guaranteed days off. Others were concerned as they consider Easter Sunday to be important for religious reasons.

As per Section 5C of the Act, the Policy must be reviewed within five years after adoption which is by February 17, 2022. The Policy will therefore automatically revoke on February 17, 2024, because the review will not be presented to Council in the required timeframe.

Under Section 5C of the Act, Council must use a special consultative procedure when adopting, reviewing, or revoking an Easter Sunday Trading Policy.

The special consultative procedure involves:

·    preparation of a statement of proposal and a summary

·    a public notice publicising the consultation

·    allowing at least one month for submissions, which must be acknowledged

·    public deliberations

·    a copy of the decision and a summary of the reasons must be provided to submitters.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council’s role relating to Easter Sunday Trading

Local Government Act 2002

Under section 10 of the Local Government Act 2002, the purpose of local government is to “… promote the social, economic, environmental, and cultural wellbeing of communities, in the present and for the future”. Allowing trade to occur on Easter Sunday across the whole district has economic benefits for businesses and communities attracting Easter holiday visitors.

Conversely, those opposed to Easter Sunday trading point to the social benefits of a day off work which would be lost if Easter trading is allowed. They also mention the cultural benefit of recognising the Easter period as sacred to the Christian faith.

Shop Trading Hours Act 1990 and the Shop Trading Hours Amendment Act 2016

The Shop Trading Hours Act 1990 has been amended several times, including to allow garden centres to open on Easter Sunday as per Section 4A. The Act was amended again in 2016 to allow territorial authorities to adopt a policy regarding Easter Sunday trading within the whole or part of the district.

In the absence of a policy, the only businesses allowed to operate on Easter Sunday are those exempt under the Act as per section 4 and 4A namely:

·      garden centres

·      petrol stations

·      pharmacies

·      businesses that sell only food, drink, household items, personal items, automotive fuel, lubricants, and accessories while also only having enough items to meet the needs of people who live in or are staying in the area

·      businesses whose principal purpose is the selling of souvenirs and/or duty-free goods, or prepared/cooked food that’s ready to be eaten immediately in the form in which it is sold

·      businesses located at a public passenger transport station or terminal, selling the above items and/or books, magazines, or newspapers

·      shops that are located in a place where an exhibition or show is being held (these shows need to be primarily related to agriculture, art, industry, and science)

In addition, there is a special exemption for businesses located in Paihia which can operate form 7am to 9pm on Easter Sunday.

Under the Shop Trading Hours Amendment Act 2016 employers must provide at least four weeks' notice to staff of their intention to open on Easter Sunday. All shop employees have the right to refuse to work on Easter Sunday and are not required to provide their employer with a reason for refusing. 

 

Sale and Supply of Alcohol Act 2012

The Sale and Supply of Alcohol Act 2012 Section 47 identifies that licence holders cannot sell alcohol on Easter Sunday unless it is sold while the holder has a special licence, or if the buyer is lodging, residing, or dining on the premises. The Shop Trading Hours Act 1990 has no impact on the rules under the Sale and Supply of Alcohol Act 2012.

Review of current policy

A search of Council’s requests for service (RFS) has not identify any issues reported regarding trading on Easter Sunday.

Early engagement with Community Board members (December 2021) indicated support for the current policy with all 6 respondents acknowledging that the current policy is appropriate.

The current policy aligns with legislation and is not duplicated in other documents however, the current policy mentions a map which is not included. Any future policy must ensure that all relevant information, including maps, is accessible to the public on the Council website.

There are over 40 Territorial Authorities with Easter trading policies, mainly involving smaller provincial authorities. This includes Whangārei and Kaipara District Councils, both of which allow trade across their whole district.  At the same time more than 20 Territorial Authorities have not implemented an Easter trading policy indicating that they are opposed to trading on Easter Sunday.

Options

Option One: Status quo: Adopt a new policy which continues to allow Easter Sunday Trading across the whole District. (Preferred option)

Making a new policy which maintains the intent of the current policy also maintains the status quo by allowing trade across the whole district. All shop employees have the right to refuse to work on Easter Sunday and do not have to provide their employer a reason for refusing. 

A special consultative procedure is required.

Advantages of allowing trade across the whole district

Disadvantages of allowing trade across the whole district

·    The whole district, particularly tourist towns, can benefit from trade. For example, cafes gaining business from visitors to the district for the long weekend.

·    There is a placemaking advantage for allowing businesses to remain open on Easter Sunday, making towns vibrant and providing more options for locals and visitors.

·    Although workers can opt out of working on Easter Sunday, they may feel pressured to work on this day.

·    The loss of a guaranteed day off work.

·    Not respecting Easter Sunday as an important day in the Christian calendar.

 

 

Option Two: Make a new policy that only allows Easter Sunday Trading in some parts of the district

Make a new policy that is more restrictive, i.e., only allow Easter Trading in some parts of the district. Community consultation can identify locations of interest.

A special consultative procedure is required.

Advantages of a new policy that is more restrictive

Disadvantages of a new policy that is more restrictive

·    Locations identified can benefit from trade, for example cafes gaining visitors to the district for the long weekend.

 

·    The only towns which can benefit from Easter Sunday Trade are those specified in the policy.

·    Businesspeople in towns that are excluded from the policy may feel this is unfair.

 

Option Three: Do not make a new policy, allow the policy to automatically revoke

Do not make a new policy and rely on the Act; therefore, not allowing Easter Trading for businesses that are not exempt under the Act.

Advantages of relying on the Shop Trading Hours Act 1990 and not making a policy that allows Easter trading

Disadvantages of relying on the Shop Trading Hours Act 1990 and not making a policy that allows Easter trading

·    Takes away any pressure on workers to work on Easter Sunday.

·    Avoids the loss of a guaranteed day off work.

·    Respecting Easter Sunday as an important day in the Christian calendar.

·    Only trade exempt under the Act can proceed on Easter Sunday, such as pharmacies, garden centres, and service stations. 

·    Businesses relying on the tourist trade in the long weekend will be disadvantaged.

Take Tūtohunga / Reason for the recommendation

Option One is recommended.

On balance, while there are arguments for and against allowing Sunday Trading across the District, Option One is recommended for the following reasons:

·    No complaints or issues have been recorded with the current policy which allows Sunday trading across the district.

·    It supports businesses relying on tourists during the long weekend.

·    It does not prevent workers from opting not to work on Easter Sunday.

·    It does not stop Christians observing their faith on this holy day.

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

The special consultative procedure under Section 83 of the Local Government Act 2002 will be covered within existing budgets.

Āpitihanga / Attachments

Nil


 

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

Since adopting a new policy with the same intention as the current policy retains the status quo, the level of significance for the recommendation as determined by the Significance and Engagement Policy is moderate.   

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

Relevant legislation includes the Shop Hours Trading Act 1990 and the Sale and Supply of Alcohol Act 2012.

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 preferred option is of District wide relevance.

Community Board members had an opportunity to comment on the current policy in December 2021 and will be consulted under the Special Consultative Procedure.

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.

 

This decision in this report is not significant and does not relate to land and/or any body of water.

Seeking the views and input of iwi in the development of polices is integral. Māori will be given an opportunity to consult as part of the special consultative procedure.

 

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 matter is of interest to the wider community, particularly businesses which may wish to remain open on Easter Sunday and are not exempt under the Act.

The Special Consultative Procedure will consult with Community Boards and engage with the public to determine their preferences.

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

Costs including Special Consultative Procedure under Section 83 of the Local Government Act 2002 will be covered by existing budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer.

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5.5         On-site Wastewater Disposal Systems Bylaw - Recommendations for making new bylaw

File Number:           A3541770

Author:                    Briar Macken, Team Leader - Policy

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

 

Take Pūrongo / Purpose of the Report

To approve the adoption of the On-site Wastewater Disposal Systems Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

·      On 20 May 2021, the Council agreed a new bylaw is appropriate to regulate the maintenance of onsite wastewater disposal systems in the Far North District.

·      On 07 September 2021 the Strategy and Policy Committee approved a proposal for a new On-site Wastewater Disposal Systems Bylaw to be released for public consultation.

·      This consultation took place from 13 September 2021 to 15 October 2021 with fifteen submissions 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 that Council:

a)      Agree to the recommendations in the staff report on submissions and recommendation for consideration in attachment 1 that:

i)       No changes are made to clauses 1, 2, 3, 4, 5, 9, and 10.

ii)      Clause 6 is changed by:

1)   Adding a new definition:

“Occupier means any person, other than the owner, who has a right to occupy the property, by virtue of a tenancy granted by lease, licence or other authority”.

2)   Changing the definition of on-site wastewater disposal system to include “grease trap”

iii)     Under Part 2 Maintenance Requirements:

1)   Adding a new ‘related information box’:

“If the council is satisfied an on-site wastewater disposal system is injurious to health or not sanitary, the council can use its powers pursuant to sections 29, 30 and 34 of the Health Act 1956 by including issuing a notice of offence or to enter a premise and abate the nuisance without notice to the occupier or owner”.

2)   Adding the words “or occupier” after the word “owner” in the ‘related information box’.

iv)     Clause 7 is changed by:

1)   Adding the words “or occupier” after the word “owner” in the title, subclause (1) and subclause (2).

2)   Adding the words “or the suitably qualified person verifies the system is functioning correctly” at the end of subclause (2).

v)      Clause 8 (5) is change by adding the words “or occupier” after the word “owner”.

b)      Agree the On-site Wastewater Disposal System 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 section 146 of the Local Government Act 2002, make the On-site Wastewater Disposal Systems Bylaw in attachment 2.

 

 

1) TĀhuhu kŌrero / Background

On 20 May 2021, the Council resolved that a new bylaw is appropriate to regulate the maintenance of on-site wastewater disposal systems in the Far North District (Resolution 2021/21 refers). 

On 07 September 2021 the Strategy and Policy Committee approved a proposal for a new On-site Wastewater Disposal Systems Bylaw (Bylaw) to be released for public consultation. 

The period during which people could make submissions on the proposal was 13 September to 15 October 2021.  Fifteen submissions were received.

One submitter asked to be heard and made a verbal submission to the Strategy and Policy Committee 26 October 2021.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

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 On-site Wastewater Disposal Systems 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 On-site Wastewater Disposal Systems Bylaw Proposal for Consultation [Objective reference: A3286271]. This assessment said:

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. 

An assessment has identified the Bylaw may potentially have implications on Section 14: Freedom of Expression in that information regarding the status of on-site wastewater disposal systems must be provided to the Council. The wording "information of any kind and in any form" suggests that section 14 may apply to a regulatory requirement to produce information or documents however this is unclear.

Although, the Bylaw’s provisions are justified because they only limit the rights of individuals to the extent it is reasonable to do so for other people’s rights and freedoms to be maintained

The Bylaw may also potentially have implications on Section 21: Security Against Unreasonable Search or Seizure, whether of the person, property, or correspondence. However, the Bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are already in statutes.

Therefore, any limitations on the rights mentioned are likely to be justified in accordance with 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 Control of On-site Wastewater Disposal Systems Bylaw will revoke on 26 May 2022 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 On-site Wastewater Disposal Systems Bylaw will be made before the current bylaw is revoked, ensuring ongoing regulation of the maintenance of on-site wastewater disposal systems.


Changes from the current bylaw to the new bylaw

The new bylaw continues existing restrictions and controls [as in the Control of On-site Wastewater Disposal Systems Bylaw] relating to the maintenance of on-site wastewater disposal systems.

Council staff have addressed the appropriateness of the form and content of the new bylaw by:

·    removing provisions that duplicate legislation or existing Council policy instruments, instead providing cross reference to legislation, where relevant

·    simplifying the language in line with modern legal drafting principles with some terminology updated

·    improving provisions regarding on-site wastewater disposal systems on commercial or industrial properties.

Take Tūtohunga / Reason for the recommendation

The On-site Wastewater Disposal Systems Bylaw in attachment 2 can be made, under section 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 - On-site Wastewater - A3564150

2.       Final On-site Wastewater Disposal Systems Bylaw for adoption - A3564151  


 

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

In line with the Significance and Engagement Policy the recommendation to continue the bylaw will have little effect on financial thresholds, ratepayers, specific demographics, or levels of service. The recommendation is consistent with existing plans and policies.

Therefore, the level of significance is low.

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 sections 82, 146, 155, 158, and 160 apply to the decision recommended in this report.

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 the bylaw regulates on-site wastewater disposal systems across 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.

This decision in this report is not significant and does not relate to land or any body of water.

The implications for Māori from the regulation of on-site wastewater disposal systems are similar to the impacts on communities generally. The new bylaw will have the same effect as the current bylaw.

Māori had an opportunity to contribute during the consultation process.

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).

Affected and interested parties were given an opportunity to share their views and preferences during the consultation phase including:

• Owners of properties with on-site wastewater disposal systems

• Ngā Tai Ora – Public Health Northland

• On-site wastewater disposal system contractors

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

The cost of continuing the provisions of the existing bylaw in a new bylaw is covered by current operational budgets.

Chief Financial Officer review.

This report was reviewed by the Chief Financial Officer

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

5.6         Review of Vehicles on Beaches Bylaw

File Number:           A3542878

Author:                    Kirsten Griffiths, Strategic Planner

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

 

Take Pūrongo / Purpose of the Report

To approve including provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, and to approve a proposal for public consultation on the new provisions in the draft Road Use Bylaw.

WhakarĀpopoto matua / Executive Summary

·      The Council’s Vehicles on Beaches Bylaw 2015 was due for review by 12 March 2020.

·      The review was not completed, and the bylaw will automatically revoke on 12 March 2022.

·      Under section 155 of the Local Government Act 2002, the Council is now required to consider whether a new bylaw is the most appropriate way to address the perceived problem.

·      Concerns raised by Far North communities regarding vehicles on beaches include dangerous vehicle speed, damage caused by vehicles on sand dunes, parked vehicles impeding access for other beach users, protection of wāhi tapu sites, and the preservation of shellfish beds, native vegetation, and shore bird habitat.

·      There are several legitimate reasons for people to use vehicles on beaches for recreational and commercial purposes, such as gathering kaimoana, launching boats, and general access to and enjoyment of the coastal environment.

·      The review of the Vehicles on Beaches Bylaw identified that a bylaw is still the most appropriate way to manage problems with vehicles on beaches.

·      The current Vehicles on Beaches Bylaw is not in the most appropriate form, because it does not effectively address problems with vehicles on beaches, other than the prohibition of vehicles on Coopers Beach.

·      Problems with vehicles on beaches should be addressed in a comprehensive manner by including provisions regulating vehicles on beaches in the proposed Road Use Bylaw, a potential Reserves Bylaw, and the review of the Speed Limits Bylaw.

·      Management of vehicles on Te Oneroa-a-Tōhe (Ninety Mile Beach) will be in accordance with the approved Beach Management Plan. It is outside the scope of this report to consider issues related to Te Oneroa-a-Tōhe, as they have already been considered by the Te Oneroa-a-Tōhe Board.

·      A proposal for the inclusion of provisions regulating vehicles on beaches in the draft Road Use Bylaw, including a draft of the new provisions, is in Attachment 2.

·      The recommended consultation period is from 25 February 2022 to 24 March 2022 with hearings, if required to follow on 22 March 2022.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommends that the 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 vehicles on beaches in the Far North District;

b)      agree that the current Vehicles on Beaches Bylaw 2015 is not the most appropriate form, because it does not address problems with vehicles on beaches effectively;

c)      agree that the most appropriate form of bylaw will be to include relevant provisions in:

          the proposed Road Use Bylaw

          a potential Reserves Bylaw

          the Speed Limits Bylaw;

d)      approve the inclusion of provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be made under section 22AB of the Land Transport Act 1998;

e)      approve the Vehicles on Beaches Proposal in Attachment 2, including the provisions regulating vehicles on beaches in the proposed draft Road Use Bylaw, to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002;

f)       agree the period for making written submissions on the proposal will begin 25 February 2022 and end 24 March 2022;

g)      agree the Strategy and Policy Committee will hear any people wanting to present oral submissions on Tuesday 22 March 2022 and agrees to delegate, to the Chair, the power to change the date of the oral submissions

h)      authorise the Chief Executive Officer to make minor changes to the Vehicles on Beaches Proposal to correct grammatical or spelling errors, or formatting.

 

1) TĀhuhu kŌrero / Background

The Council made a Vehicles on Beaches Bylaw on 12 March 2015 under section 145 of the Local Government Act 2002. It was due for review by 12 March 2020 but was not completed, and the bylaw will automatically revoke on 12 March 2022.

Currently, under the Vehicles on Beaches Bylaw, there is one scheduled Safe Zone at Coopers Beach, where vehicles are prohibited.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Council’s role relating to the management of vehicles on beaches

Local Government Act 2002 (LGA)

The Vehicles on Beaches Bylaw 2015 was made under section 145 of the LGA. While this allows for the bylaw to address problems related to nuisance, health and safety, and offensive behaviour, it does not allow for addressing problems related to the protection of wāhi tapu sites or native flora and fauna. Therefore, it is not the most appropriate legislation under which to make a bylaw regulating vehicles on beaches.

Reserves Act 1977

While the Reserves Act offers some ability for the Council to control the use of vehicles on beaches, its reach is restricted to land vested in the Council under the Reserves Act, and therefore would not apply to all beaches. Due to this limitation, it is not appropriate as the sole legislation under which to make a bylaw regulating vehicles on beaches.

Areas of dunes adjacent to beaches may not be covered under the definition of road according to the Land Transport Act 1998. Problems identified with the use of vehicles on dunes include damage to vegetation, wildlife and wāhi tapu sites. Where such areas of concern are identified as being vested in the council as reserves, problems with vehicles could be managed via the Reserves Act and a Reserves Bylaw.

Land Transport Act 1998 (LTA)

Section 22AB(1)(f) of the LTA allows the Council to prohibit or restrict the use of vehicles on beaches for any reasons it thinks fit, which allows for a broader range of factors to be considered than the more limited reasons specified in the LGA. The definition of roads within the LTA includes beaches and places to which the public has access. Therefore, the LTA is the most appropriate legislation under which to make a bylaw regulating vehicles on beaches.

 

Problems to be addressed

The Far North District has many beaches and a diverse population.  Our beaches are sites for a wide variety of commercial and recreational activities, and contain important natural and historical features, vegetation, and wildlife. The diversity of users means that the rights and wishes of different users can come into conflict, and therefore it is appropriate for the Council to consider how best to balance the needs and wishes of all beach users.

In 2021 the Council surveyed community views about the use of beaches in the district and received 477 responses mentioning 50 different beaches. Analysis of the survey results identified that the issues vary across different communities. Concerns regarding vehicles on beaches include dangerous vehicle speed, damage caused by vehicles on sand dunes, parked vehicles impeding access for other beach users, protection of wāhi tapu sites, and the preservation of shellfish beds, native vegetation, and shore bird habitat.

At the same time, there are several legitimate reasons for people to use vehicles on beaches for recreational and commercial purposes, such as gathering kaimoana, launching boats, and general access to and enjoyment of the coastal environment.

Research findings

The current Vehicles on Beaches Bylaw has been effective in addressing the following problems:

·        addressing health and safety issues identified by the Coopers Beach community, through the prohibition of vehicles.

·        protecting the beach environment at Coopers Beach, through the prohibition of vehicles.

 

Therefore, a bylaw is still the most appropriate way of addressing these problems, through the creation of scheduled zones where vehicles are prohibited or restricted, after targeted engagement and consultation with specific beach communities.

The current Vehicles on Beaches Bylaw has not been effective in addressing the following problems:

·        addressing health and safety issues caused by dangerous or inconsiderate driver behaviour on beaches other than Coopers Beach.

·        protecting the beach and dunes environment from damage caused by vehicles, on beaches other than Coopers Beach.

·        speeding on beaches has not been addressed, as speed limits are set under the Speed Limits Bylaw. Currently, most beaches are treated as open road, so the speed limit is 100kmph. The review of this bylaw is being managed by NTA, and it can include speed limits for beaches. 

 

Enforcement action of the current bylaw under the LGA is difficult and costly, and staff resources are limited, creating practical obstacles to implementation of the current bylaw. Some provisions in the current bylaw duplicate provisions in existing legislation and are not necessary (i.e. requirements for safe and considerate vehicle operation, regulation of structures).

Therefore, this report considers what other options may be more effective to deal with those problems.

Option One: Do nothing – allowing the Vehicles on Beaches Bylaw to revoke without replacement

The Vehicles on Beaches Bylaw 2015 will be automatically revoked on 12 March 2022.

Advantages and disadvantages of allowing the Vehicles on Beaches Bylaw to revoke without replacement

·        Advantages

- No costs required for consultation with communities or implementation.

·        Disadvantages

- Negative impact to the Coopers Beach community, as no regulation will remain in place. The problems that were addressed by the previous bylaw will no longer be addressed.

- Reputational impact to the Council, because the Coopers Beach community are in favour of continuing the vehicle prohibition in the current bylaw.

 

Option Two: Replace the Vehicles on Beaches Bylaw

Option Two proposes replacing the current Vehicles on Beaches Bylaw 2015 with a new bylaw regulating vehicles on beaches. This bylaw could be made under the LTA rather than the LGA. This would enable the bylaw to address problems related to the protection of wāhi tapu sites and native flora and fauna (and other reasons which the Council sees fit, as per section 22AB(1)(f) of the LTA), rather than only problems related to nuisance, health and safety, and offensive behaviour, as per the LGA. It would also provide more effective tools for enforcement. Further research and consultation would be required to determine the most appropriate form of this bylaw.

Advantages and disadvantages of replacing the Vehicles on Beaches Bylaw with a new bylaw

·        Advantages

- Opportunity to address problems related to vehicles on beaches that have not been effectively addressed by the current bylaw.

- Opportunity to make a new bylaw under the Land Transport Act 1998 rather than the Local Government Act 2002, thereby strengthening enforcement tools.

 

·        Disadvantages

- Far North communities will be without a bylaw regulating vehicles of beaches for at least 12 months while a new bylaw is drafted, consulted on, and adopted.

- Reputational impact to the Council, because the Coopers Beach community are in favour of continuing the vehicle prohibition in the current bylaw and will be without a similar provision for at least 12 months.

- Creates an additional bylaw, which is unnecessary if the problems identified can be addressed more efficiently through other existing or planned bylaws.

 

Option Three: Include provisions regulating vehicles on beaches in the proposed Road Use Bylaw, Reserves Bylaw, and Speed Limits Bylaw (recommended option)

Option Three proposes including provisions which address the problems with vehicles on beaches in the proposed Road Use Bylaw, Reserves Bylaw, and Speed Limits Bylaw.

In 2021 the Council surveyed community views about the use of beaches across the district. Analysis of the survey results identified that the issues vary across different communities. Responses relating to Coopers Beach were unanimously in favour of continuing the current vehicle ban. Therefore, any changes to the regulations in specific locations will require further targeted engagement and consultation. 

Road Use Bylaw

The draft Road Use Bylaw has already gone out for consultation. It has been drafted under the LTA and avoids some of the difficulties with scope and enforcement in the current Vehicles on Beaches Bylaw. Beaches are defined as roads under the LTA.

Option Three proposes that the draft Road Use Bylaw will be amended by inserting new provisions which allow the Council to prohibit or restrict vehicles on scheduled beaches or parts of beaches, in a provision like that in the existing Vehicles on Beaches Bylaw. The schedule will include Coopers Beach, to align with the current schedule. This amendment will require consultation.

Other beaches or portions of the beach could be added to the schedule by Council resolution, after targeted engagement and consultation with affected beach communities. This engagement could be included as part of wider Open Space engagement and could include engagement on all aspects of beach use.

Reserves Bylaw

Problems have been identified related to the use of vehicles on sand dunes, such as damage to vegetation, wildlife and wāhi tapu sites. Problems have been identified with the unauthorised placement, removal of, or interference with structures on beaches and sand dunes.

Option Three proposes that where beaches and adjacent areas are reserves, problems related to vehicles and structures can be addressed through a Reserves Bylaw. Further research will be required to determine the most appropriate form of bylaw.

Speed Limits Bylaw

Speed limits are set under the Speed Limits Bylaw. The review of this bylaw is being managed by the NTA and can include speed limits for beaches. Speed limits for Te Oneroa-a-Tōhe have been set by the Speed Limits Bylaw, in accordance with the Te Oneroa-a-Tōhe Beach Management Plan.

Whangārei District Council recently included beaches in a speed limits bylaw.

Option Three proposes that speed limits on beaches are considered as part of the review of this bylaw. Further research and community consultation will be required on speed limits for beaches. The NTA can include this in consultation planned for late 2022.

Advantages and disadvantages of including provisions regulating vehicles on beaches in the proposed Road Use Bylaw, Reserves Bylaw, and Speed Limits Bylaw

·        Advantages

- Retains the effective part of the current Vehicles on Beaches Bylaw, by prohibiting vehicles on Coopers Beach.

- Minimises the time the Coopers Beach community will be without a bylaw providing a scheduled prohibition on vehicles.

- Provides a mechanism for the Council to restrict or prohibit vehicles on other beaches through updates to the schedule, subject to appropriate engagement and consultation.

- Regulates the protection of sand dunes and beaches that are reserves (under a potential Reserves Bylaw).

- Streamlines the Council’s bylaws by avoiding the creation of an additional separate bylaw for vehicles on beaches, since the problems can be addressed more efficiently through three existing and proposed bylaws.

·        Disadvantages

- Divides the regulation of vehicles on beaches across three separate bylaws. (However, each part is under the appropriate bylaw, and the overall bylaws are streamlined.)

 

Form and content of the new provisions to be included in the draft Road Use Bylaw

A draft of the new provisions regulating vehicles on beaches to be included in the proposed Road use Bylaw is in the proposal document in Attachment 2.

Council staff have addressed the appropriateness of the form and content of the new bylaw provisions by:

·        not including provisions that duplicate existing legislation;

·        continuing existing provisions to prohibit vehicles on scheduled beaches or parts of beaches.

 

New Zealand Bill of Rights Act compliance

Under section 155(3) of the Local Government Act 2002, the content of the new bylaw must be consistent with the New Zealand Bill of Rights Act 1990.  Council staff have identified that the right to freedom of movement (section 18 of the New Zealand Bill of Rights Act 1990) may be impacted by the new provisions prohibiting vehicles from using some beaches or parts of beaches.

A full assessment of the impact of the new bylaw provisions on these rights cannot be done until the content of the Road Use Bylaw is finalised.  However, based on the content of the draft provisions, Council staff consider any impact is justified, as the draft bylaw provisions only limit the rights of individuals to the extent it is reasonable to do so for other people’s rights and freedoms to be maintained.

A summary of this assessment is included in the proposal for consultation so that people can provide feedback to be used in the full assessment of the final bylaw content.

Proposal for consultation

The new Road Use Bylaw will be made under section 22AB of the Land Transport Act 1998.  Section 22AD of that Act requires the provisions of section 156 of the Local Government Act 2002 to be complied with for consultation on the bylaw.  Section 156 requires the Council to use the special consultative procedure if:

·        the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public

·        the Council considers that there is, or is likely to be, a significant impact on the public due to the proposed bylaw.

The new provisions regulating vehicles on beaches to be included in the draft Road Use Bylaw do not concern “a matter identified in the Council’s Significance and Engagement Policy” because the bylaw does not involve transfer of an asset and it will be consistent with existing policies and plans.  The new provisions are also not likely to have a significant impact on the public because they will have the same effect as the current Vehicles on Beaches Bylaw.  The Council therefore does not need to use the special consultative procedure to consult on the new provisions. 

Section 156 then requires the consultation to comply with section 82 of the Local Government Act 2002.  Section 82A of the Local Government Act 2002 sets out the requirements for information to be made available for consultation under section 82.  Those requirements are to provide:

·        the proposal and the reasons for the proposal

·        an analysis of the reasonably practicable options, including the proposal

·        a draft of the proposed bylaw

Council staff have prepared a proposal document that meets the requirements of section 82A.  The proposal document is in Attachment 2.

Consultation process

Section 82 of the Local Government Act 2002 requires the Council, as part of the consultation process, to give people “a reasonable opportunity” to present their views on the proposed bylaw.  Neither the Land Transport Act 1998, nor the Local Government Act 2002, specify a minimum period for this opportunity. Council staff recommend the period for making written submissions begins 25 February 2022 and ends 24 March 2022.

The window for public consultation is somewhat narrow as the Parking and Traffic Control Bylaw will automatically revoke 17 June 2022, and the proposed Road Use Bylaw, which it replaces in part, will need to be in place by this date. These dates still allow more than three weeks for consultation.

Council staff recommend people be encouraged to present their views primarily by making comments or submissions via the Council’s website. A submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices.  A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves.  A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

The proposed new provisions may be of sufficient interest to the public that some people will want to present their submissions orally to elected members.  The Strategy and Policy Committee has delegated authority to hear submissions made during consultation on a bylaw.  Staff therefore recommend the Committee sets a hearing date now so it can be publicised during the period for making submissions and people will know when they will be heard. 

To allow time for hearing logistics to be arranged, the most suitable date for a hearing would be Tuesday 22 March 2022. The Strategy and Policy Committee is scheduled for this date.  Council staff also recommend the Committee delegate to the Chair the power to change the hearing date so that if other events, or the number of people who want to be heard, mean the date is no longer suitable, a new date can be set without the need for the Committee to convene to make that decision.

Impacts on tāngata whenua and te ao Māori

There will be impacts on tāngata whenua from the regulation of vehicles on beaches.  Where the Council regulates the use of vehicles on beaches, parts of beaches, or adjacent areas, such regulation will need to consider sites that are significant to Māori.  The significance could be for traditional, spiritual, religious, ritual, or mythological reasons. 

The proposed new provisions to be included in the Road Use Bylaw will provide the Council with a mechanism to protect significant sites through the provision of scheduled areas where vehicles are prohibited or restricted, subject to proper engagement and consultation with iwi, hapū, and affected communities. This proposal only includes Coopers Beach, and the inclusion of other beaches would require a separate proposal and consultation process.

Take Tūtohunga / Reason for the recommendation

A bylaw is the most appropriate way of addressing problems related to vehicles on beaches in the Far North District. The current Vehicles on Beaches Bylaw 2015 is not the most appropriate form, because it does not address problems with vehicles on beaches effectively.

The most appropriate form of bylaw will be to include relevant provisions in:

·        the proposed Road Use Bylaw

·        a potential Reserves Bylaw

·        the Speed Limits Bylaw

 

Council staff recommend the Council:

·        approves the proposal in Attachment 2 to be published for consultation because it meets the requirements of section 82A of the Local Government Act 2002

·        agrees the period for making written submissions on the proposal be from 25 February 2022 to 24 March 2022 to meet best practice of providing at least one month for people to make submissions

·        agrees the Strategy and Policy Committee to hear oral presentations of submissions on 22 March 2022, because that date does not clash with scheduled Committee or Council meetings and directs Council staff to make the necessary logistical arrangements for people to present their submissions either in person in the Council Chambers or online via Microsoft Teams on that date.

·        delegates the power to change the date of oral presentations of submissions to the Chair of the Strategy and Policy Committee because it is possible other events, or the number of people who want to be heard, will make the date unsuitable and it is not necessary for the whole Committee to be convened to decide on a new date.

 

Next steps

If the Council agrees with the recommendations, the new provisions in the proposed draft Road Use Bylaw will go out for public consultation from 25 February 2022 to 24 March 2022. The new Road Use Bylaw will need to be in place before 17 June 2022 when the current Parking and Traffic Control Bylaw auto-revokes (which the proposed Road Use Bylaw will replace in part). The analysis of submissions and recommendations for the previous draft Road Use Bylaw consultation and the consultation regarding the proposed new provisions for vehicles on beaches will be presented to the Strategy and Policy Committee at the 03 May 2022 meeting.

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

The cost of consulting on the recommended option will be met from existing operation budgets.

Āpitihanga / Attachments

1.       Vehicles on Beaches - Research Report - A3564188

2.       Proposal - Vehicles on Beaches - A3564191

3.       Vehicles on Beaches Bylaw 2015 - A3564192  


 

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

Although the proposed Road Use Bylaw is a new bylaw, the inclusion of provisions to prohibit or restrict vehicles on scheduled beaches (at this time only Coopers Beach), is effectively maintaining the status quo under the current Vehicles on Beaches Bylaw. As retaining the status quo is consistent with existing policies, the level of significance as determined by the Significance and Engagement Policy is low

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

The decision complies with the Council’s obligations under the Local Government Act 2002 and will make appropriate use of the Council’s powers under the Land Transport Act 1998.

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 proposal affects the whole District and therefore will be of interest to Community Boards. However, as the recommendation is effectively to maintain the status quo, the Community Boards’ views have not been sought at this stage.

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 implications for Māori that are described in the body of the report. The views of tāngata whenua on issues relating to vehicles on beaches have been sought and engagement with iwi and hapū has been undertaken. Māori will be given an opportunity to contribute during the development of the draft bylaw and during the consultation stage of the bylaw development process.

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).

Affected and interested parties will be given an opportunity to share their views and preferences during the consultation phase including:

·        Department of Conservation

·        Ministry for Primary Industries (Fisheries)

·        Northland Regional Council

·        NZ Police

·        Waka Kotahi

·        Tāngata whenua – iwi, hapu, marae, whānau

·        Recreational fishers and boat users

·        Tourism operators, e.g., quad biking

·        Kaitiaki groups for individual beaches, e.g., Cooper’s Beach

·        Coastal communities

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

The costs of the decision will be met from existing operation budgets.

Chief Financial Officer review.

This report has been reviewed by the Chief Financial Officer.

 

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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6            Information Reports

6.1         Strategic Planning & Policy Business Quarterly October - December 2021

File Number:           A3552062

Author:                    Gayle Andersen, Executive Assistant to General Manager

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

 

TAKE PŪRONGO / Purpose of the Report

To inform the Strategy and Policy Committee about the activities undertaken by the Strategic Planning and Policy Group.

WHAKARĀPOPOTO MATUA / Executive SummarY

The Strategic Planning and Policy Business quarterly provides an overview of Strategic Planning and Policy activity for the quarter ending December 2021

 TŪTOHUNGA / Recommendation

That the Strategy and Policy Committee receive the report Strategic Planning & Policy Business Quarterly October - December 2021.

 

tĀHUHU KŌRERO / Background

The Strategic Planning and Policy Group is made up of four departments that have responsibility for strategy and policy development (including regulatory policy in the form of bylaws), district planning, Māori development, corporate planning, community development and funding and supporting of Council groups / departments with engagement.  The Group work programme has been refined to deliver identified service outcomes and projects of strategic importance to Council.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The Strategic Planning and Policy Business Quarterly report provides an update on the broad spectrum of projects that the Strategic Planning and Policy Group is responsible for.  The report, combined with the extensive range of services that the Group provides, is revised, and updated on a quarterly basis to reflect changes in projects, scope of work and complexity.

In addition to this update the business group will continue to appraise Elected Members via the usual channels of Council and Committee reports and workshops.

The purpose of the Business Quarterly is to show the planned progress of the work programme and the regular service delivery work undertaken by the Group.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications or budgetary provisions required.

Āpitihanga / Attachments

1.       Strategic Planning   Policy Business Quarterly October - December 2021 - A3565016  

 


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

6.2         Strategy and Policy Action Sheet Update January 2022

File Number:           A3562863

Author:                    Marlema Baker, Meetings Administrator

Authoriser:             Aisha Huriwai, Team Leader Democracy Services

 

Take Pūrongo / Purpose of the Report

To provide the Strategy and Policy Committee with an overview of outstanding decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

·      Action sheets provide the meeting with oversight of decisions not yet implemented.

·      This report and attachment are as at January 2022.

·      There were 10 outstanding action sheet items.

·      A verbal update on the Action Sheet items will be provided at the request of the committee members.

 

tŪtohunga / Recommendation

That the Strategy and Policy Committee receive the report Action Sheet Update January 2022.

 

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets are a mechanism to communicate with elected members, progress by staff on implementing resolutions of a formal meeting.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

This report includes 19 outstanding items. A majority of the outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Staff are encouraged to provide commentary that keeps in mind

·    Consistent wording indicating a traffic light, on track off track terminology.

·    The date and promise culture that the organisation strives for.

Take Tūtohunga / Reason for the recommendation

To provide the Strategy and Policy Committee with an overview of outstanding committee decisions from 1 January 2020.

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.

Āpitihanga / Attachments

1.       ACTION SHEET - SPP January 2022 - A3562866  


Strategy and Policy Committee Meeting Agenda

8 February 2022

 

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Strategy and Policy Committee Meeting Agenda

8 February 2022

 

7            Karakia Whakamutunga – Closing Prayer

8            Te Kapinga Hui / Meeting Close



[1]Law Foundation Accessibility Report Summary

[2] Building Act 2004

[3]Human Rights Act 1993

[4] Human Rights Act 1993

[5] NZ Journal of Public and International Law, Vol 13

[6] NZ Journal of Public and International Law, Vol 13

[7] NZ Journal of Public and International Law, Vol 13

[8] At [29], quoting Purvis v New South Wales [2003] Sourced from NZ Journal of Public and International Law, Vol 13

[9] NZ Disability Strategy

[10] NZ Disability Action Plan

[11] NZ Healthy Aging Strategy

[12] NZ Healthy Aging Strategy

[13] FNDC Pensioner Housing Policy

[14] MBIE Report on Access to Buildings for People with Disabilities

[15] Our Voice style guide  

[16] Accelerating Accessibility Cabinet Paper

[17] Accelerating Accessibility Cabinet Paper