council agenda - 26-06-19 - hauraki district · council agenda – 26-06-19 doc. ref: 2216520 22....

A G E N D A

COUNCIL MEETING

Wednesday, 26 June 2019, 9.00am

Council Chambers Council Office William Street Paeroa

Mayor J P Tregidga Councillors Cr D A Adams (Deputy Mayor) Cr P D Buckthought Cr C Daley Cr R Harris Cr G R Leonard Cr M McLean Cr P A Milner Cr A Rattray Cr D Smeaton Cr A M Spicer Cr D H Swales Cr J H Thorp Executive Leadership L D Cavers D Peddie A de Laborde P Thom S Fabish Public Distribution Paeroa Office Plains Area Office Waihi Area Office Chief Executive L D Cavers

Hauraki District Council, P O Box 17, William Street Paeroa, New Zealand P: 07 862 8609 or 0800 734 834 (within the District) E: [email protected] www.hauraki-dc.govt.nz

Membership

Ngà Karakia Timatanga (opening) (1) Kia tau te rangimarie Kia whakapapa pounamu te moana Hei huarahi ma tatou i te rangi nei Aroha atu, aroha mai Tatou i a tatou katoa Hui e! Taiki e! (2) Whakataka te hau ki te uru, Whakataka te hau ki te tonga. Kia mākinakina ki uta, Kia mātaratara ki tai. E hī ake ana te atākura he tio, he huka, he hauhunga. Haumi e! Hui e! Tāiki e! Karakia Whakamutunga (closing) Kia whakai-ria te tapu Kia wātea ai te ara Kia turuki whakataha ai Haumi e. Hui e. Tāiki e!

May peace be widespread May the sea be like greenstone A pathway for us all this day Let us show respect for each other For one another Bind us all together!

Get ready for the westerly and be prepared for the southerly. It will be icy cold inland, and icy cold on the shore. May the dawn rise red-tipped on ice, on snow, on frost. Join! Gather! Intertwine! Restrictions are moved aside So the pathways is clear To return to everyday activities Join Gather Intertwine!

1 Council Agenda – 26-06-19 Doc. Ref: 2216520

COUNCIL AGENDA Wednesday, 26 June 2019 – 9.00am Council Chambers, Council Office, William Street, Paeroa 9.15am Presenter: Councillor Rattray Subject: Young Elected Members - Zone 2 Update 11.45am Presenter: Amy Magyar and Holly Elson-Fisher Subject: Students sponsored to attend United Nations Conference Auckland Order of Business Pages

1. Karakia Timatanga

2. Apologies

3. Declarations of Late Items

4. Declarations of Interests

5. Confirmation:Council Minutes - 29-05-19 (2587484) 6

6. Confirmation: Extraordinary Council Minutes – 22-05-19 (2584426)

7. Receipt and Adoption: District Plan Hearings Committee Minutes: Plan Change 1- 09-05-19 (2594904)

41

50

8. Council Decisions on Submissions to Proposed Plan Change 1 (2595000) 66

9. District Plan - Plan Changes and Review Timeframes - 2019 (2595114) 121

10. Council Financial Report - to 31 May 2019 (2595525) 126

11. CEO Monthly Report for June 2019 (2595418)

12. Planning and Environmental Services Monthly Report – May 2019

136

137

13. Community Wellbeing Amendment Act (2595053) 156

14. Draft Triennial Survey 2019 to Council(2595223) 161

15. Adoption of Cemeteries and Nuisance Bylaws (2595077)

16. Draft Water Supply Bylaw 2019 (2595066)

182

220

17. Draft Solid Waste Bylaw 2019 (2595072) 258

18. Draft Drainage Bylaw 2019 (2595082) 282

19. 2019 Citizen and Young Achievers Awards (2595933) 305

20. Waste Minimisation Leadership (2595647) 307

21. Transport Report - May 2019 (2595497) 314

2 Council Agenda – 26-06-19 Doc. Ref: 2216520

22. Transport Decision Report - Mahuta Road North Under-slip Cost Approval (2594974)

322

23. Ngatea Main Street Bus Stop Change (2594985) 326

24. Water Services Report to Council June (covering May) (2595493) 331

25. Solid Waste Monthly Activity Report - May 2019 (2595078) 340

26. District Drainage Activity Report - May 2019 (2595506) 346

27. Receipt and Adoption: Western Plains District Drainage Committee Minutes - 06-06-19 (2595402)

350

28. Receipt and Adoption: Eastern Plains District Drainage Committee Minutes - 06-06-19 (2595401)

353

29. Mangawhero Flume Repairs (2595048) 356

30. Ngatea Library Update Summary of Feedback (2595439)

31. Karakia Whakamutunga

360

Council Minutes – 29-0519 Doc Ref: 2587484

HAURAKI DISTRICT COUNCIL MEETING

MINUTES OF A MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY, 29 MAY 2019 COMMENCING AT 9.10 AM

KARAKIA TIMATANGA The meeting was opened with a karakia from Cr Thorp. APOLOGIES RESOLVED THAT the apology for the absence of Cr P A Milner and Cr G R Leonard and for the lateness of Cr Adams be received and sustained. C19/175 Tregidga/Smeaton CARRIED LATE ITEMS There were no late items. DECLARATIONS OF INTERESTS There were no declarations. CONFIRMATION OF COUNCIL MINUTES – (24-04-19) (2566078) The Mayor presented the minutes. RESOLVED THAT the minutes of the meeting of the Hauraki District Council held on Wednesday, 24 April 2019 are confirmed and are a true and correct record. C19/176 Buckthought/McLean CARRIED

PRESENT J P Tregidga (His Worship the Mayor), Cr D A Adams (Deputy Mayor – 9.20-2.22pm), Cr P D Buckthought, Cr C Daley, Cr R Harris (9.10-9.15am and 9.20am-1.20pm), Cr M McLean, Cr A Rattray, Cr D Smeaton, Cr A M Spicer, Cr D H Swales and Cr J H Thorp

IN ATTENDANCE Messrs L D Cavers (Chief Executive), A de Laborde (Group Manager -

Engineering Services), D Peddie (Group Manager - Corporate Services), P Thom (Group Manager - Planning & Environmental Services), S B Fabish (Group Manager - Community Services), M Buttimore (Strategic Planning Projects Manager), Mrs J Nelson (Senior Strategic Planner), L Robcke (Senior Project Planner), L de Haast (Transportation Manager), E J Wentzel (Water Services Manager), S de Laborde (Infrastructure Strategy & Planning Manager), Ms P Trubshaw (Communications Officer), Mrs D Bezuidenhout (Property Officer) and Ms C Black (Council Secretary)

Council Agenda - 26-06-19


RECEIPT AND ADOPTION AUDIT AND RISK COMMITTEE MINUTES – (16-04-19) (2566078) RESOLVED THAT the minutes of the meeting of the Audit & Risk Committee held on Tuesday 16 April 2019 are received and the recommendations contained therein be adopted. C19/177 McLean/Daley CARRIED RECEIPT OF HEARINGS AND JUDICIAL COMMITTEE MINUTES – (25-02-19) (2543300) RESOLVED THAT the minutes of the meeting of the Hearings and Judicial Committee held on Monday, 25 February 2019 are received. C19/178 Harris/Thorp CARRIED Cr Harris left the meeting 9.15am RECEIPT OF HEARINGS AND JUDICIAL COMMITTEE MINUTES – (29-04-19) (2566229) RESOLVED THAT the minutes of the meeting of the Hearings and Judicial Committee held on Monday, 29 April 2019 are received. C19/179 Spicer/Smeaton CARRIED CEO MONTHLY REPORT FOR MAY 2019 (2586083) The Chief Executive presented an update on recent staff changes within the organisation and sought the member’s feedback on the attached Local Government NZ Remits which have been circulated ahead of the LGNZ AGM on 7 July 2019. The remits will be voted on at this meeting in July. RESOLVED THAT the report be received. C19/180 Tregidga/Spicer CARRIED Cr Adams attended the meeting and Cr Harris returned to the meeting at 9.20am. COUNCIL FINANCIAL REPORT - FOR THE TEN MONTHS ENDING APRIL 2019 (2585551) The Group Manager – Corporate Services presented the financial report for the period 30 April 2019. RESOLVED THAT the report be received. C19/181 Smeaton/Spicer CARRIED



ELDERLY PERSON HOUSING RENTAL FEES (2586143) The Group Manager – Community Services and Development and Property Officer presented a report which sought Council approval for increasing the elderly persons housing rental fees from 1st July 2019. RESOLVED THAT the report be received. C19/182 Daley/McLean CARRIED RESOLVED THAT the Elderly Person Housing rental fees from 1st July 2019 be, $150 per week for all existing tenants, and $180 (bedsit units) and $187 (single bedroom units) for all new Tenants, and THAT from the 1st July 2020 increase the rental fees for all existing tenants to sustainable rental rates, and THAT staff continue to work with tenants and Ministry of Social Development in the transition of the rental fee to sustainable rental rates, and THAT staff report back to Council on the work programme of the installation of heating and ventilation systems into the units. C19/183 Daley/Smeaton CARRIED The meeting adjourned at 10.15am The meeting reconvened at 10.33am NGATEA LIBRARY AND SERVICE CENTRE UPDATE (2585565) The Communications Officer presented a report updating on Council’s continued conversation with the community about the future provision of library and service centre services in Ngatea. The report summarised the main themes of the feedback received to date and made recommendations for future actions. RESOLVED THAT the report be received. C19/184 Rattray/Spicer CARRIED Cr Thorp and Buckthought returned to the meeting at 10.34am. Clarification was conveyed to the members and to the members of the Ngatea community who were in attendance that the Service Centre will stay in the existing council building which may include building additions and alterations at the existing current site. RESOLVED THAT Ngatea Library and Service Centre stay in the existing council building which may include building additions and alterations at the existing current site, and THAT Council accepts the feedback themes will form the basis of a community concept and vision for the future Ngatea Library and Service Centre, and



THAT this concept and vision will be used as a guide when developing more detailed designs and plans for the future provision of library and service centre services in Ngatea and THAT a detailed summary of feedback will be presented to the community in a book at the end of June 2019 C19/185 Harris/Daley CARRIED 2019-20 ANNUAL PLAN, FEES AND CHARGES AND RESOLUTIONS (2585669) The Group Manager – Corporate Services and Senior Strategic Planner presented the report on and referred members to the attached 2019/20 Annual Plan for consideration and adoption. RESOLVED THAT the report be received. C19/186 Tregidga/Spicer CARRIED RESOLVED THAT the Council adopts the Annual Plan 2019/20 in accordance with section 95 of the Local Government Act 2002 (the Act). C19/187 Tregidga/Buckthought CARRIED RESOLVED THAT the Chief Executive be authorised to correct any minor errors or omissions to the Annual Plan 2019/20 before it is made publicly available. C19/188 Rattray/McLean CARRIED RESOLVED THAT in adopting the 2019/20 Annual Plan that as per the balanced budget statement in the Annual Plan, its operating revenue is not sufficient to meet its operating expenditure in the plan, and that Council considers it financially prudent to set operating revenue at this level. C19/189 Harris/Buckthought CARRIED RESOLVED THAT pursuant to clause 6.5.6 of Council’s Delegations Manual, the Council delegates to the Group Manager - Corporate Services the authority to borrow up to a maximum net debt level of $56 million during the 2019/20 financial year for the purposes of meeting Council’s expected maximum funding requirements during that year. C19/190 Smeaton/Thorp CARRIED RESOLVED THAT the Fees and Charges Schedule be updated to include all proposed changes for the 2019/20 year, effective as of 1st July 2019. C19/191 Spicer/Smeaton CARRIED



RESOLVED THAT the community be informed of the availability of the Annual Plan prior to 29 June 2019. C19/192 Spicer/Swales CARRIED RESOLVED THAT the rates resolution for the 2019/20 rating year be adopted as follows: Rating That pursuant to Section 23(1) the following rates be set under the Local Government (Rating) Act 2002, on rating units in the district for the year 1 July 2019 to 30 June 2020, and that the Rates be set at the following values including GST at the prevailing rate. Uniform Annual General Charge A uniform annual general charge (as per section 15) of $591.66 on each rating unit within the District. General Rate A capital value general rate (as per section 13) set on a differential basis based on land use. The rates in cents per dollar of Capital Value being:

• Residential/Rural 0.09780 • Commercial/Industrial 0.14671 • Mineral Extraction 1.06314 • Mining 31.40480

Roading Rate A capital value targeted rate (as per section 16) set on a differential basis based on land use. The rates in cents per dollar of Capital Value being:

• Residential/Rural 0.07649 • Commercial/Industrial 0.08912 • Mineral Extraction 0.27536 • Mining 5.62012

Paeroa Ward Targeted Rate A rate (as per section 16) of $384.68 on each rating unit within the Paeroa Ward Plains Ward Targeted Rate A rate (as per section 16) of $290.80 on each rating unit within the Plains Ward Waihi Ward Targeted Rate A rate (as per section 16) of $340.92 on each rating unit within the Waihi Ward



Paeroa Ward Business Targeted Rate A rate (as per section 16) on each commercial/industrial separately used or inhabited part of a commercial/industrial rating unit in the Paeroa Ward set on a differential basis based on location. The annual charges being:

• Paeroa Urban $653.08 • Paeroa Rural $326.53

Plains Ward Business Targeted Rate A rate (as per section 16) on each commercial/industrial separately used or inhabited part of a commercial/industrial rating unit in the Plains Ward set on a differential basis based on location. The annual charges being:

• Plains Urban $673.38 • Plains Rural $377.19

Waihi Ward Business Targeted Rate A rate (as per section 16) on each commercial/industrial separately used or inhabited part of a commercial/industrial rating unit in the Waihi Ward set on a differential basis based on location. The annual charges being:

• Waihi Urban $559.08 • Waihi Rural $279.65

Paeroa Ward Business Capital Value Targeted Rate A capital value targeted rate (as per section 16) on each commercial/industrial rating unit in the Paeroa Ward set on a differential basis based on location. The rates in cents per dollar of Capital Value being:

• Paeroa Urban 0.06479 • Paeroa Rural 0.03240

Plains Ward Business Capital Value Targeted Rate A capital value targeted rate (as per section 16) on each commercial/industrial rating unit in the Plains Ward set on a differential basis based on location. The rates in cents per dollar of Capital Value being:

• Plains Urban 0.02087 • Plains Rural 0.01044

Waihi Ward Business Capital Value Targeted Rate A capital value targeted rate (as per section 16) on each commercial/industrial rating unit in the Waihi Ward set on a differential basis based on location.



The rates in cents per dollar of Capital Value being:

• Waihi Urban 0.04686 • Waihi Rural 0.02342

Kaihere Hall Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Kaihere Hall Rating Area of 0.00437 cents per dollar of land value. Patetonga Hall Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Patetonga Hall Rating Area of 0.00140 cents per dollar of land value. Hikutaia Hall Targeted Rate A targeted rate (per section 16) of $23.00 on each separately used or inhabited part of a rating unit situated within the Hikutaia Hall Rating Area. Kaiaua Hall Targeted Rate A targeted rate (per section 16) of $10.00 on each separately used or inhabited part of a rating unit situated within the Kaiaua Hall Rating Area. Karangahake Hall Targeted Rate A targeted rate (per section 16) of $25.00 on each separately used or inhabited part of a rating unit situated within the Karangahake Hall Rating Area. Kerepehi Hall Targeted Rate A targeted rate (per section 16) of $15.00 on each separately used or inhabited part of a rating unit situated within the Kerepehi Hall Rating Area. Mangatangi Community Centre Targeted Rate A targeted rate (per section 16) of $23.00 on each separately used or inhabited part of a rating unit situated within the Mangatangi Community Centre Rating Area. Netherton Hall Targeted Rate A targeted rate (per section 16) of $20.45 on each separately used or inhabited part of a rating unit situated within the Netherton Hall Rating Area. Turua Hall Targeted Rate A targeted rate (per section 16) of $22.00 on each separately used or inhabited part of a rating unit situated within the Turua Hall Rating Area. Waikino Hall Targeted Rate A targeted rate (per section 16) of $23.00 on each separately used or inhabited part of a rating unit situated within the Waikino Hall Rating Area. Waitakaruru Hall Targeted Rate A targeted rate (per section 16) of $25.30 on each separately used or inhabited part of a rating unit situated within the Waitakaruru Hall Rating Area.



Eastern Plains Drainage District Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Eastern Plains Drainage District, as shown in document 1439194, excluding those Residential, Commercial & Industrial and Community land use rating units within the townships of Kerepehi and Turua of 0.04734 cents per dollar of land value. Komata North Drainage Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Komata North Drainage District, as shown in document 1439195, of 0.08911 cents per dollar of land value. Opukeko Drainage District Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Opukeko Drainage District, as shown in document 1439199, of 0.12428 cents per dollar of land value. Tirohia-Rotokohu Drainage District Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Tirohia-Rotokohu Drainage District, as shown in document 1439172, of 0.15953 cents per dollar of land value. Taramaire Drainage District Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Taramaire Drainage District, as shown in document 2090793, of 0.12032 cents per dollar of land value. Western Plains Drainage District Drainage Targeted Rate A land value targeted rate (per section 16) on all rating units situated within the Western Plains Drainage District, as shown in document 1439208, excluding those Residential, Commercial & Industrial and Community land use rating units within the town of Ngatea of 0.07200 cents per dollar of land value. Western Plains Drainage District Flood Protection Class 1 Targeted Rate A land value targeted rate (per section 16) on each rating unit within the Western Plains Drainage District Flood Protection Area 1, as shown in Document 1439208, of 0.09563 cents per dollar of land value Western Plains Drainage District Flood Protection Class 2 Targeted Rate A land value targeted rate (per section 16) on each rating unit within the Western Plains Drainage District Flood Protection Area 2, as shown in Document 1439208, of 0.02261 cents per dollar of land value. Taramaire Flood Protection Targeted Rate A land value targeted rate (per section 16) on each rating unit within the Taramaire Flood Protection Area, as shown in Document 2101799, of 0.09471 cents per dollar of land value Kaiaua Flood Protection Targeted Rate A land value targeted rate (per section 16) on each rating unit within the Kaiaua Flood Protection Area, as shown in Document 916138, of 0.00459 cents per dollar of land value



Western Plains Drainage District Pumping Land Area Targeted Rate A land area targeted rate (per section 16) of $26.51 per hectare, on all land serviced by the Hopai West, Martinovich, Central, North and Rawerawe West pump stations. Paeroa Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Paeroa Stormwater Rating Area, as shown in document 2584737, of 0.04160 cents per dollar of capital value. Ngatea Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Ngatea Stormwater Rating Area, as shown in document 2584734, of 0.05350 cents per dollar of capital value. Kerepehi Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Kerepehi Stormwater Rating Area, as shown in document 2584732, of 0.06453 cents per dollar of capital value. Turua Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Turua Stormwater Rating Area, as shown in document 2584740, of 0.08843 cents per dollar of capital value. Waihi Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Waihi Stormwater Rating Area, as shown in document 2584744, of 0.02501 cents per dollar of capital value. Whiritoa Urban Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Whiritoa Stormwater Rating Area, as shown in document 2584747, of 0.01438 cents per dollar of capital value. Kaiaua Stormwater Targeted Rate A capital value targeted rate (per section 16) on all rating units situated within the Kaiaua and Whakatiwai Stormwater Rating Areas, as shown in documents 2584728 and 2584745, of 0.04657 cents per dollar of capital value. Water Supply Annual Charge Targeted Rate An annual charge (per section 16) of $120.61 per connection will be charged on all rating units connected to a Council water supply. For the purposes of water supply, properties are ‘connected’ to a water supply when the means to connect has been installed, i.e. a water lead has been installed from the Council water main to the boundary. Water Supply Volume Targeted Rate A rate according to a scale of charges per unit of water supplied (per section 19) will be charged on all rating units on a differential basis within the following categories based on location and the extent of provision of service.



The categories being:

• Category One – all rating units connected to the Paeroa, Plains, and Waihi water supplies.

• Category Two – all rating units connected to the Kaimanawa water supply. • Category Three – rating units connected to a Council raw water main that receive

completely untreated water. The rates in cents per cubic metre of water supplied being:

• Category One: Base Rate – Consumption up to 200 cubic metres 195.40c Step One – Consumption between 200 and 400 cubic metres 164.02c Step Two – Consumption over 400 cubic metres 148.34c

• Category Two - 153.16c • Category Three 71.15c

Wastewater Unconnected Targeted Rate An annual charge (per section 16) of $321.19 on each rating unit not connected to the Kerepehi, Ngatea, Paeroa, Turua, Waitakaruru, Waihi or Whiritoa wastewater schemes but with a boundary within 30 metres of a wastewater main belonging to one of those schemes. Wastewater Connected Targeted Rate An annual charge (per section 16) per toilet pan or urinal according to a scale of charges based on the number of pans or urinals on the rating unit. The annual charges per pan or urinal being:

• Up to & including 2 Pans $642.85 • Up to & including 4 Pans $481.85 • Up to & including 6 Pans $430.10 • Up to & including 8 Pans $402.50 • Up to & including 10 Pans $385.25 • Up to & including 15 Pans $308.20 • Up to & including 20 Pans $272.55 • Over 20 pans $238.05

Rating units used primarily as a residence for one household will be treated as having one pan (per Note 4 to Schedule 3 of the Act). Refuse Collection Targeted Rate An annual charge (per section 16) per separately used or inhabited part of a rating unit on a differential basis based location and the provision of service. The annual charges being:

• District Collected $33.43 • Whiritoa Collected $43.29

PENALTIES FOR LATE PAYMENTS AND DUE DATE OF PAYMENTS Payment dates and methods That the above rates are payable at the Council Offices at William Street, Paeroa, Orchard Rd, Ngatea and Rosemont Rd, Waihi between 8.00am and 4.30pm Monday to Friday. That payments may also be made by way of Direct Debits and Automatic Payments, and that Direct Credits in the form of telephone and internet banking services are accepted. Credit Card payments are also accepted with a fee being payable.



That, excluding water supply targeted rates, the above rates are by way of four instalments, the dates of such instalments being:

Instalment Number

Due Date Penalty Added

One 28 August 2019 30 August 2019

Two 27 November 2019 29 November 2019

Three 26 February 2020 28 February 2020

Four 27 May 2020 29 May 2020

That, water supply targeted rates are by way of six instalments per year for all properties that have been identified as receiving more then 10,000kl over the last two billing periods in 2016/17. These properties are listed in document 2225325. Water supply targeted rates for all other properties are by way of two instalments per year. Instalment dates for the various water supply areas being staggered throughout the year. The instalment dates for water rates are as follows: For rating units invoiced twice a year: Instalment Number

Reading area Due date Penalty

added

One 1 – Ngatea township - Paeroa township - Waihi township

26 August 2019

28 August 2019

One

2 – Turua & surrounds - Paeroa commercial - Waihi commercial - Waihi gold

30 September 2019

2 October 2019

One 3 – Waitakururu & Ngatea North – Waihi rural

28 October 2019

30 October 2019

One 4 – Kerepehi & Ngatea South – Ohinemuri & Kaimanawa

25 November 2019

27 November 2019

One 5 - Netherton 30 December 2019

3 January 2020

One 6 – Karangahake/Mackaytown - Waikino

27 January 2020

29 January 2020

Two 1 – Ngatea township - Paeroa township - Waihi township

24 February 2020

26 February 2020

Two 2 – Turua & surrounds - Paeroa commercial - Waihi commercial - Waihi gold

31 March 2020 2 April 2020

Two 3 – Waitakururu & Ngatea North – Waihi rural

28 April 2020 30 April 2020

Two 4 – Kerepehi & Ngatea South – Ohinemuri & Kaimanawa

26 May 2020 28 May 2020

Two 5 - Netherton 30 June 2020 2 July 2020



Instalment Number

Reading area Due date Penalty

added

Two 6 – Karangahake/Mackaytown - Waikino

28 July 2020 30 July 2020

For rating units invoiced six times a year: Instalment Number Due date Penalty added

One 20 August 2019

Two 20 October 2019 29 October 2019

Three 20 December 2019

Four 20 February 2020

Five 20 April 2020 29 April 2020

Six 20 June 2020 PENALTIES FOR LATE PAYMENT That Council delegates authority to the Revenue Team Leader and rating staff to apply penalties to outstanding rates: That pursuant to sections 57 and 58 of the Local Government (Rating) Act 2002, the following penalties be applied: For all rates (excluding water supply rates):

• A penalty of 10% will be added to the amount of any instalment remaining unpaid by the relevant due date above. The penalty will be added on the date stated in the ‘Penalty Added’ column in the tables above.

• A penalty of 10% will be added to all rates assessed in a previous year which remain unpaid on 2 September 2019. The penalty will be added on 2 September 2019.

• A further penalty of 10% will be added to all rates assessed in a previous year which remain unpaid on 2 March 2020. The penalty will be added on 2 March 2020.

For water supply rates: For rating units invoiced six times a year:

• A penalty of 5% will be added to all current and previous years’ rates outstanding on 27 October 2019. The penalty will be added on 29 October 2019

• A penalty of 5% will be added to all current and previous years’ rates outstanding on 27 April 2020. The penalty will be added on 29 April 2020

• For rating units invoiced twice a year:

• An additional charge of 5% will be added to all current and previous years’ rates that remain outstanding on date showing in the “Due Date” column in the tables above for Instalment Number One. The penalty will be added on the date showing in the “Penalty Added’ column in the tables above for Instalment Number One.

• An additional charge of 5% will be added to all current and previous years’ rates that remain outstanding on date showing in the “Due Date” column in the tables above for Instalment Number Two. The penalty will be added on the date showing in the “Penalty Added’ column in the tables above for Instalment Number Two.

C19/193 Tregidga/Smeaton CARRIED



Document 1439194



Document 1439195



Document 1439199



Document 2090793



Document 1439172



Document 1439208



Document 2101799


of 35

Document 916138


of 35

Document 2584737


of 35

Document 2584734


of 35

Document 2584732


of 35

Document 2584740


of 35

Document 2584744


of 35

Document 2584747


of 35

Document 2584728


of 35

Document 2225325 - Ratepayers to be billed bi-monthly for water Below is a list of ratepayers, by assessment number, who will be billed for water use bi-monthly, beginning 1 July 2017. This includes those who have used water in excess of 10,000kl over the last two billing periods in 2016/17. To find your assessment number refer to an assessment notice you have received from HDC, or you can search your property in the Rating Information Database to obtain your assessment number.

Assessment

No. 49

38698 230 231 251 256 257 296 304 309 337

38817 474 774 788 792 917

1005 1009 1080 1112

38727 1162 1606 1695 1762 1849 6409 7011 7030 7060 7723 7730 7743

28184 31841 32978 33465 33651 34126 34179 34773 35286 35625 35764 38266 38496

38646 38818 38649 38654 38655 38657 38663 38669 38677 38679 38688 38690 38708 38710 38712 38713 38724 38730 38735 38737 38740 38744 38749 38752 38753 38757 38758 38759 38765 38767 38770 38771 38774 38775 38778 38786 38789 38806 38809 38810 38819 38888 38982 39016


29 Council Minutes – 29-05-19 Doc Ref: 2587484

PLANNING AND ENVIRONMENTAL REPORT - APRIL 2019 (2585651) The Group Manager – Planning and Environmental Services, Strategic Planning Project Manager and Senior Strategic Planner presented the monthly planning and regulatory activity report for the month of April 2019. RESOLVED THAT the report be received. C19/194 Rattray/Swales CARRIED BUILDING SYSTEM LEGISLATIVE REFORM 2019 (2585653) The Group Manager – Planning and Environmental Services presented a report which advised of the Ministry of Business Innovation and Employment’s proposed major changes to New Zealand’s building laws to improve the quality of building work. RESOLVED THAT the report be received. C19/195 McLean/Daley CARRIED MARTHA TRUST – ACTIVATION (2585703) The Senior Project Planner presented a report advising Council on the activation of the Martha Trust and sought decisions in relation to the management of resource consent conditions for the extended Martha Mine area and to approve that the current exemption for the Martha Trust be endorsed until August 2021. RESOLVED THAT the report be received. C19/196 Tregidga/Spicer CARRIED RESOLVED THAT the current exemption for the Trust be endorsed until August 2021 at which time a further review is required to be undertaken. C19/197 Adams/Harris CARRIED TRANSPORT REPORT - APRIL 2019 (2585989) The Transport Manager presented the monthly report that provides the latest information on the Hauraki District Council’s Transportation activities for the period ending 30 April 2019. RESOLVED THAT the report be received. C19/198 Adams/Thorp CARRIED



Request to remove trees on Private Property – 3 Buchanan Street, Paeroa A request was received from the owner of 3 Buchanan Street, Paeroa, for Council to remove three trees planted along the street facing boundary of the section. The trees are not located in the road reserve but are on the property itself. RESOLVED THAT the Council makes a contribution of up to $5,000 to the owner of 3 Buchanan Street, Paeroa to remove three trees from the property, and THAT Council approves funding for this work to be undertaken from the Non-subsidised Paeroa Ward roading account. C19/199 Adams/Harris CARRIED Ngatea Streetscape Project NZTA have indicated that they will not undertake the remedial works on SH2 through Ngatea until at least October 2019. Aside from the engineering works which they are required to undertake to the trafficked lanes, there are additional works required. These works are generally outside of the possible streetscape works, however are included within the overall project. RESOLVED THAT the Council approves the design and undertaking of hard engineering works related to the Ngatea Streetscape Project to align with the remedial works to be undertaken by NZTA, and THAT the Council works closely with the community to develop concept plans before undertaking the Streetscape component of the works. C19/200 Harris/Swales CARRIED The meeting adjourned for lunch at 12.15pm The meeting reconvened at 12.45pm WATER SERVICES ACTIVITY REPORT - MAY (COVERING APRIL) (2585546) The Water Services Manager presented a report which summarised performance and issues in the Water Services work area. The body of the report referred to the April works. RESOLVED THAT the report be received. C19/201 Harris/Smeaton CARRIED Kerepehi Industrial Subdivision Consent It has been established that Council do not have a consent for stormwater discharge at the Kerepehi Industrial subdivision. It is therefore required that Council apply for a retrospective consent. It has been estimated that the consent application process will cost in the order of $10,000. This excludes any specialist studies or additional works. At this stage is it not clear if any studies would be required. The existing stormwater system does not provide any treatment and there is a substantial risk that future consent conditions will demand treatment. No budget provision has been made for this expense.



It was recommended that $10,000 be made available to start the consenting process. RESOLVED THAT $10,000 be made available from the District Stormwater Account to start the consenting process for the Kerepehi Industrial subdivision stormwater consent. C19/202 Harris/Thorp CARRIED TRANSPORT REPORT - NZTA MEMORANDUM OF UNDERSTANDING (2585529) The Transport Manager presented a report which provided the Memorandum of Understanding (MOU) with regards to the cooperation with New Zealand Transport Agency (NZTA), on ongoing maintenance and defining responsibilities on State Highways in the Hauraki District. The MOU was presented for approval and to delegate authority of signatory to the Group Manager – Engineering Services. RESOLVED THAT the report be received. C19/203 Adams/McLean CARRIED RESOLVED THAT Council endorses the Memorandum of Agreement with NZTA as attached in Appendix A of the report, and THAT Authority to act as signatory to this Memorandum of Agreement is delegated to the Group Manager – Engineering Services, and THAT staff bring a report back to Council to clarify the roles and responsibilities around cleaning under state highway bridges. C19/204 Adams/Spicer CARRIED DISTRICT DRAINAGE ACTIVITY REPORT - APRIL 2019 (2585557) Infrastructure and Planning Systems Manager presented the District Drainage Activity Report to 30 April 2019. RESOLVED THAT the report be received. C19/205 Buckthought/Swales CARRIED Cr Harris left the meeting at 1.20pm SOLID WASTE MONTHLY REPORT - APRIL 2019 (2585553) The Infrastructure and Planning Systems Manager presented a report which summarised performance and issues within the Solid Waste work area. The body of the report referred to April works.



RESOLVED THAT the report be received. C19/206 Smeaton/Tregidga CARRIED ESTABLISHMENT OF THE TARAMAIRE DRAINAGE DISTRICT COMMITTEE (2585763) The Infrastructure and Planning Systems Manager presented a report which sought Council approval for the formation of the Taramaire Drainage District (TDD) Committee as an official Committee of Council as they are defined in the Delegations Manual. RESOLVED THAT the report be received. C19/207 Adams/Swales CARRIED RESOLVED THAT the Council establish the Taramaire Drainage District Committee, and THAT the Taramaire Drainage District Committee comprise 2 representatives, 1 alternative representative and Councillor Buckthought with Councillor Swales as his alternative, and THAT Section 9.7 of the Delegations Manual be amended to include the Taramaire Drainage District Committee. C19/208 Tregidga/Daley CARRIED



Matters to be taken with the Public Excluded RESOLVED THAT the public be excluded from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: Item No.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) Under Section 48(1) for the Passing of this Resolution

1

Landfill Contract Options

Section 7(2)(i) Prejudice to Commercial Position/Negotiations To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations.

Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

C19/209 Tregidga/Buckthought CARRIED



RESOLVED THAT the public be re-admitted to the meeting and that the business in committee discussed be confirmed. C19/212 Tregidga/Daley CARRIED The meeting closed at 2.22pm. CONFIRMED J P Tregidga Mayor 26 June 2019

Council Agenda - 26-06-19 Page 40

1 Extraordinary Council Minutes 22-05-19 Hearing of Feedback - Bylaws 2019 Doc Ref: 2584426

HAURAKI DISTRICT COUNCIL

EXTRAORDINARY MEETING

MINUTES OF AN EXTRAORDINARY MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY, 22 MAY 2019 COMMENCING AT 9.00 AM

KARAKIA TIMATANGA The meeting was opened with a karakia by Cr Thorp. APOLOGIES RESOLVED THAT the apology of Cr D Smeaton, Cr G Leonard and Cr D Swales be received and sustained. C19/162 Adams/Spicer CARRIED DECLARATIONS OF INTERESTS There were no declarations. HEARING OF FEEDBACK ON THE HAURAKI DISTRICT COUNCIL DRAFT BYLAWS (2568189, 2582542, 2582028, 2582033, 2581405, 2580602, 2582552) The Policy Analyst gave an overview of draft bylaws and advised of the process in the hearing of feedback on the bylaws. RESOLVED THAT the report be received. C19/163 Harris/Milner CARRIED RESOLVED THAT all feedback received to date on the draft Nuisance Bylaw 2019, draft Cemeteries Bylaw 2019, draft Wharves and Boat Ramps Bylaw 2019 and the draft Food Grading Bylaw 2019 (and collated in Attachment A) be received, and

PRESENT J P Tregidga (His Worship the Mayor), Cr D A Adams (Deputy Mayor), Cr P D Buckthought, Cr C Daley, Cr R Harris (9.00am-1.15pm), Cr M McLean, Cr P A Milner, Cr A Rattray, Cr A M Spicer, Cr and Cr J H Thorp (9.00am-1.06pm)

IN ATTENDANCE Messrs L D Cavers (Chief Executive), P Thom (Group Manager -

Planning & Environmental Services), S B Fabish (Group Manager - Community Services), Mrs C Mischewski (Policy Analyst), Mrs S Holmes (Strategic Policy Planner), Mrs W Harris (Regulatory Services Manager) and Ms C Black (Council Secretary)



THAT the feedback provided at the hearing on the draft Nuisance Bylaw 2019, draft Cemeteries Bylaw 2019, draft Wharves and Boat Ramps Bylaw 2019 and the draft Food Grading Bylaw 2019 be received, and THAT all people that provided feedback be thanked for their participation in the process, and THAT the Council considers all written and verbal feedback and feedback providers be responded to accordingly. C19/164 Spicer/Buckthought CARRIED The Mayor welcomed submitters to the hearing and advised that the hearing of feedback from speakers would be recorded for administrative purposes. Verbal feedback Received Speakers: • 9:20am – Jan de Nicolo – spoke to written feedback.

o Ms de Nicolo did not provide any further information to what was provided in her

written feedback. o The Mayor made an apology to Ms de Nicolo regarding her email about the RMA not

being something Council can use to address the problem. The Mayor noted that the RMA should be used.

o Cr Spicer questioned the repetition of the noise. o Staff suggested this issue be dealt with under the discretion of the Noise Control

Officer (outside the bylaw)

• 9:30am – Kenneth Carter – read out written submission provided on the day.

o Diesel campervan causing nuisance on neighbouring property. o Need to provide an answer to the respondent regarding the staff comments and

recommendation (following staff review of the feedback) o Person who runs the bus has been there for a few years. o Question regarding when the road will be resealed again. A service request to be

lodged and advise Mr Carter.

• 9:50am – Ian James Law arrived earlier at 9:35am and read out his written feedback.

o Concerned about use of motor vehicles on the Whiritoa beach. o Beach is not a public road. o Requested that Council stop activities from happening that are not conducive on

the beach. o Expressed the view that the beach should be protected as an environment for all

to enjoy. Asked Council to exercise its powers to protect the beach. o There is an increasing population at Whiritoa. o Suggested signage be installed at the entrances to the beach and flyers be issued

to advise people that the beach is not for motor vehicles. o Permit system for use of quadbikes does not appear to be working. o Surf Club needs to be more involved in informing members of the public

regarding beach activity and public safety. o Mayor – suggestion that Kontiki’s be registered. o Regulation and enforcement is an issue. o A member asked Mr Law what the four wheelers are launching. Mr Law confirmed

they are launching boats (inflatables) and kontiki’s.



The Policy Analyst gave an overview of the feedback received. Recording of the proceedings terminated at 9:51am. Deliberations commenced at 9.52am. # Issue/feedback Council discussion Actions/decisions Cemeteries Need to change the sign at the cemeteries

as it says ‘RSA Cemetery’. Paeroa in particular. Amend wording ‘must be buried in the same plot if buried in the services section of a cemetery’. Include that if a spouse or partner dies first they can be interred in the plot before the serviceperson is interred. Group Manager Community Services and Development proposed that the cemeteries procedures manual is brought back to the Council after review. Question from Cr McLean regarding scattering of ashes and whether there is a charge or this is recorded – no it is not recorded or charged for.

Bring bylaw back with amended wording regarding services cemeteries interment.

Wharves and boat ramps

Disorderly behaviour not an issue. Adopt aspresented in Appendix.

Adopted as per appendix.

Food grading bylaw

Ensure staff advise business owners that it needs to be visible from outside of the business. Councillors were shown the sample grade certificates.

Adopted as per appendix.

Vehicles on the beach

The Mayor questioned whether the bylaw can penalise the person who is doing it wrong, not everyone. The Policy Analyst clarified that current bylaw says you need a permit if you’re not launching a boat, not an emergency vehicle or if you don’t have a permit. Because Whiritoa does not have a formed access way down to the beach then all people launching a boat would essentially need a permit as they are not using a formed boat ramp. The Mayor questioned whether it will apply to Kaiaua – staff confirmed that it will apply to Kaiaua. If a person is driving on the beach they must comply with traffic regulations. Council can put a speed limit on the beach through a speed limit bylaw. The Animal Control Officer noted there is currently people with permits for launching of crafts and kontiki. The footprint of having that bike on the beach is the same. There is

Staff to amend bylaw wording – no permits to be issued. Bylaw exceptions given to launching craft, disabled people and emergency vehicles. Staff to include that bylaw is only applicable to Whiritoa Beach.



an issue with people hooking up domestic trailers with beach umbrellas etc. It was noted if people have a surf caster then it should be carried by hand. Approximately 15 people with permits and there is around 30-40 crafts and there is no way of knowing who is permitted or not. Regardless of the bylaw, the enforcement is difficult. The Policy Analyst noted if the Council adopts a bylaw under the Land Transport Act then a traffic warden can issue infringements but that’s only for stationary vehicles (parking). Speed – police will enforce. Mayor – stated that it makes sense to allow for launching of boats and kontikis and emergency vehicles. Cnr Harris queried whether the Council can have a bylaw that goes from labour weekend to Easter. Answer is yes. Suggest that perhaps the only way is to ban everything except emergency vehicles and launching during this time. Registration of vehicles was discussed. The Chief Executive advised that people don’t have to be warranted but need to be up to warrant standard. If permits are used staff would prefer a tag or a transfer be used for identification. Mayor asked Cnr opinions on three options:

- ban all vehicles except for launching of boats and kontiki, emergency (as draft bylaw) and disabled.

- Permit for everyone. - No permits for anyone.

Permit system - Cnr Milner, Cnr McLean - 2 Prohibit all vehicles except launching boats, disabilities, emergency vehicles – 7 (i.e. no permits issued).

7.1 Fireworks Staff recommendation – fireworks are central government issue. Staff do not believe you can enforce the use of fireworks practically under the RMA.

Remove commentary bubble regarding fireworks. Approve staff recommendation.

3.1 Overgrown/litter on private property

Difficult to enforce. Discussion around Health Act/vermin etc.

Approve staff recommendation.

10.3 12.3 2.1

Skating device areas

Scooters and skateboards are skating devices. Councillors have no problem with relaxing the bylaw a bit, due to streetscape of west end of town.

Amend the ban from to start the public toilets



down to River Road. Footpath signs will need to be changed.

1.1 Flag poles This matter is not to be included in the bylaw, but addressed through other avenues e.g. RMA.

Group Manager to come back to the Council with options for the enforcement of this issue.

11.2 9.4

Enforcement No recommendations to change the bylaw. Parking enforcement traffic wardens can issue infringements for meters, however the Council does not have a parking warden.


11.3 Bylaw communications

Requested better communications around the bylaw issues affecting Whiritoa. Communications team are looking at implementing an e-newsletter.

Staff to come up with key messages to distribute.

12.5 Bee keeping Recommendation as per Apiculture New Zealand was approved. There are some people that are extremely allergic to bees and carry medication on them. Permits would mean people are aware of neighbours’ ability to keep bees etc. Some issues of school kids walking past, and location of hives.


12.4 Stock/calf club Cats

Council approved the draft bylaw wording. The Mayor noted it would be good to ensure that cats don’t wander onto DOC reserve. It was decided not to include it in the bylaw though.


Mr Carter’s submission.

Inwards document will be dealt with by Planning & Environmental Services staff.

To be addressed through usual process. Mr Carter will be advised.

Fees and charges No permits will be issued for vehicles on the beach, so no fee required. There was much discussion regarding fee for pigs, poultry, bees. Urban area/Low Density Residential Zone. If charging for one then all should be charged for, R&FP for animal control (under community protection) states 5-15% revenue from fees and charges.

Approve staff recommendation. Cemetery fees adopted as per recommendation.

Franklin bylaws Revoked. Revoked as per staff recommendation.

Separation of bylaws

The separation of the Consolidated Bylaw was approved for public notification.

Publicly notify as per staff recommendation.



Wharves and Boat Ramps Bylaw 2019 Decisions The Policy Analyst presented the report on the Wharves and Boat Ramps Bylaw 2019 and sought feedback from the members on content. RESOLVED THAT in accordance with sections 145 and 146 of the Local Government Act 2002 the Council adopt the draft Wharves and Boat Ramps Bylaw 2019 as attached, and THAT Council Community Services staff ensure Council signage at its boat ramps and wharves is consistent with the Wharves and Boat Ramps Bylaw 2019. C19/165 Buckthought/Spicer CARRIED Food Grading Bylaw 2019 Decisions The Strategic Policy Planner and Policy Analyst presented the report on the Food Grading Bylaw 2019 and sought feedback from the members on content. RESOLVED THAT in accordance with section 145 of the Local Government Act 2002 the Council adopt the draft Food Grading Bylaw 2019 as attached, and THAT Council Regulatory Services staff implement the new grading system in the Food Grading Bylaw 2019. C19/166 McLean/Thorp CARRIED Cemeteries Bylaw 2019 Decisions The Policy Analyst presented the report on the Cemeteries Bylaw 2019 and sought feedback from the members on content. Following discussion, it was agreed that amendments be made in the wording ‘must be buried in the same plot if buried in the services section’. Include that if a spouse or partner dies first they can be interred in the plot before the serviceperson is interred. The Group Manager – Community Services and Development proposed that the cemeteries procedures manual is brought back to the Council after review. Cr McLean asked a question regarding scattering of ashes and whether there is a charge and/or if this is recorded. He was advised that is not recorded or charged for. RESOLVED THAT in accordance with section 146 of the Local Government Act 2002 and section 16 of the Burial and Cremations Act 1964 the Council accordingly amend the Cemeteries Bylaw 2019 as attached and report back to Council, and THAT Community Services staff and Customer Services staff ensure the administrative changes required as a result of the adoption of the Cemeteries Bylaw 2019 are implemented by 1 July 2019. C19/167 Tregidga/Adams CARRIED



The meeting adjourned at 10.40am. The meeting reconvened at 10.55am. Nuisance Bylaw 2019 Decisions The Policy Analyst presented the report on the Nuisance Bylaw 2019 and sought feedback from the members on any amendments they considered were required within the nuisance bylaw in consideration of the submissions received and presented. Following discussion, it was agreed that staff consider feedback further and make amendments if/where required and report back to Council on these. RESOLVED THAT in accordance with section 145 and 146 of the Local Government Act 2002 and section 64 and 65 of the Health Act 1956, the Council accordingly amend the draft Nuisance Bylaw 2019 and report back to Council. C19/168 Adams/Spicer CARRIED All Bylaws in Effect and Publicly Notified RESOLVED THAT the Wharves and Boat Ramps Bylaw 2019 and the Food Grading Bylaw 2019 will come into effect on 1 July 2019, and THAT in accordance with section 157 of the Local Government Act 2002 the adoption of the Wharves and Boat Ramps Bylaw 2019 and the Food Grading Bylaw 2019 be publicly notified. C19/169 Tregidga/McLean CARRIED Revocation of Franklin District Council Bylaws The Policy Analyst presented the report on the revocation of the Franklin District Council Bylaws. RESOLVED THAT the Franklin District Council Brothel Bylaw 2010, the Franklin District Council Trading in Public Places Bylaw 2008 and the Franklin District Council Cemeteries Bylaw 2008 are revoked and the revocation will come into effect on 1 July 2019, and THAT in accordance with section 157 of the Local Government Act 2002 the revocation of the Franklin District Council Brothel Bylaw 2010, the Franklin District Council Trading in Public Places Bylaw 2008, and the Franklin District Council Cemeteries Bylaw 2008 be publicly notified. C19/170 Milner/Buckthought CARRIED



2019/20 FEES AND CHARGES CHANGES AS A RESULT OF BYLAW REVIEWS (2579319) The Strategic Policy Planner and Policy Analyst presented the report and sought feedback from the members on the bylaw-related fees and charges for certain permissions or approvals related to activities within the bylaws. RESOLVED THAT the report be received. C19/171 McLean/Milner CARRIED Cr Thorp left the meeting at 1.06pm. RESOLVED THAT in accordance with section 150 of the Local Government Act 2002, a new fee of $60 for keeping poultry or bees in an urban area or low density residential zone in accordance with the Nuisance Bylaw 2019 be approved, and THAT in accordance with section 150 of the Local Government Act 2002, a new fee of $60 for keeping pigs in a low density residential zone in accordance with the Nuisance Bylaw 2019 be approved, and THAT in accordance with section 150 of the Local Government Act 2002, a new fee of $100 for inspection of property in respect to an application to keep pigs, poultry or bees in an urban area or low density residential zone in accordance with the Nuisance Bylaw 2019 be approved, and THAT in accordance with section 12 of the Local Government Act 2002, the cemetery fees as listed in Appendix A be approved, and THAT all changes be incorporated into the Council’s 2019/20 fees and charges schedule and publicly notified in line with 2019/20 annual plan communications. C19/172 McLean/Milner CARRIED SEPARATION OF PART 3: PUBLIC SAFETY OF THE HAURAKI DISTRICT COUNCIL CONSOLIDATED BYLAW 2007 (2568376, 2515669, 2517496, and 2517587) The Policy Analyst and Strategic Policy Planner presented a report which sought a resolution to confirm the separation of the clauses in Part 3: Public Safety of the Council’s Consolidated Bylaw into separate bylaws. RESOLVED THAT the report be received. C19/173 Milner/Adams CARRIED RESOLVED THAT the bylaw clauses not due for review in Part 3: Public Safety of the Hauraki District Council Consolidated Bylaw 2007 be separated out into the following individual bylaws; the Dog Control Bylaw 2016, the Freedom Camping Bylaw 2013, and the Alcohol in Public Places Bylaw 2017, and



THAT in accordance with section 156(2) of the Local Government Act 2002 and section 11(b) of the Freedom Camping Act 2011 the administrative changes made to the Dog Control Bylaw 2016, the Freedom Camping Bylaw 2013, and the Alcohol in Public Places Bylaw 2017 are minor changes and do not affect an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies, or an existing status or capacity of any person to whom the bylaw applies, and THAT the administrative changes to Part 3: Public Safety of the Hauraki District Council Consolidated Bylaw 2007 be publicly notified. C19/174 Milner/Adams CARRIED Cr Harris left the meeting at 1.15pm. The meeting was closed at 1.30pm. CONFIRMED J P Tregidga Mayor 26 June 2019


1 District Plan Hearings Committee (Under Council Delegation) Minutes - 09-05-19 Doc Ref: 2594904

HAURAKI DISTRICT COUNCIL

DISTRICT PLAN HEARINGS COMMITTEE

(Under Council delegation) MINUTES OF THE HEARING OF THE DISTRICT PLAN HEARINGS COMMITTEE ON PROPOSED PLAN CHANGE 1: RULE PLAN CHANGE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY, 9 MAY 2019 COMMENCING AT 9.00 AM

PRESENT Cr P A Milner (Chairperson), Cr D A Adams (Deputy Mayor),

Cr G R Leonard and Cr A Rattray IN ATTENDANCE Messrs P Thom (Group Manager - Planning & Environmental

Services), M Rademeyer (Planning Consultant/Advisor), Ms W Harris, Regulatory Services Manager and C Hubbard (Planning Administrator)

APOLOGIES There were no apologies.

LATE ITEMS

There were no late items.

DECLARATIONS OF INTEREST

There were no declarations.

SECTION 42A HEARING REPORT AND SECTION 32AA FURTHER EVALUATION REPORT – PROPOSED PLAN CHANGE 1: RULE PLAN CHANGE (DOC#2568187)

RESOLVED

THAT the report be received. DPHC19/01 Adams/Leonard CARRIED RESOLVED THAT the Hearings Committee receives and considers any additional information or evidence tabled at the hearing by submitters. DPHC19/02 Adams/Leonard CARRIED

REQUEST FOR LATE SUBMISSION – PROPOSED PLAN CHANGE 1 (DOC# 2568058)

RESOLVED

THAT the report be received. DPHC19/03 Milner/Rattray CARRIED



RESOLVED THAT the request by Annette Arundel for her email dated 26 April 2019 to be treated as a “submission” on Proposed Plan Change 1 be declined, and THAT staff write back to Ms Arundel informing her of the Hearings Committee decision in relation to this matter. DPHC19/04 Milner/Rattray CARRIED

LATE SUBMISSIONS (P1.1)

RESOLVED

THAT the late submissions received on Proposed Plan Change 1: Rule Plan Change (PC1) from Lawrence Olsen (submission # 32) and Lindsay Allpress (submission #34) and the late further submission by Heritage New Zealand Pouhere Taonga (further submission #F2) be accepted based on the following reasons:

a) The late submissions do not raise any new matters not already referenced in other submissions.

b) Acceptance of the late submissions will enable the relief sought to be considered. Therefore the interests of the community will be better served by accepting the submissions.

c) Accepting the late submissions will not result in a delay in the processing of PC1.

DPHC19/05 Rattray/Milner CARRIED Note: The Transpower tabled correspondence was received and it was noted that they did not wish to be heard. Submissions were heard from: 9.35am J2 Homes NZ – Jason Duckworth (by phone link) 9.40am W M Bowman 9.45am B M Kotkin-Smith The hearing adjourned at 10.00am for morning tea and reconvened at 10.15am. Submission was heard from: 10.15am Hauraki District Council – Leigh Robcke The hearing adjourned at 11.10am and reconvened at 11.18am. RESOLVED THAT the Hearings Committee move into deliberations. DPHC19/06 Leonard/Rattray CARRIED Deliberations commenced at 11.20am.



OUT OF SCOPE” SUBMISSIONS (P1.2)

RESOLVED

THAT the submission points as shown in the table below be rejected as they are “out of scope” based on the following relative reason(s):

a) The Council has no jurisdiction to consider submissions that are “out of scope” (i.e. that are not “on” PC1).

b) Submissions seeking amendments to the Operative District Plan’s objectives and policies and that do not identify conflict between the proposed standards and rules and the operative objectives and policies are “out of scope”.

c) Submissions seeking zoning changes are “out of scope”. d) Submissions seeking rule changes outside of the broad summary of changes listed in

the section 32 Report and public notice are “out of scope”. e) Submissions seeking changes that could not reasonably have been envisaged and that

significantly affect the interests of other parties that have not made submissions (i.e. the “fairness test”) are “out of scope”.

Point # Submitter Accept/Reject Recommendation Reason/s 33.1 Mark Pennington Reject P1.2 a), b), e) 33.2 Mark Pennington Reject P1.2 a), b), e) 33.4 Mark Pennington Reject P1.2 a), b), e) 33.8 Mark Pennington Reject P1.2 a), b), e) 33.9 Mark Pennington Reject P1.2 a), b), e) 33.10 Mark Pennington Reject P1.2 a), b), e) 33.11 Mark Pennington Reject P1.2 a), d) 4.1 Linzee & Shauna Bickley Reject P1.2 a), c), d),

e) 25.1 Thomas Gothorp Reject P1.2 a), c), d),

e) 12.1 Beverley Mavis Kotkin-Smith Reject P1.2 a), c), d),

e) 28.1 F1.1

Terese Maud NZ Transport Agency

Reject Reject

P1.2 P1.2

a), d), e) a), d), e)

34.1 F1.2

Lindsay Allpress NZ Transport Agency

Reject Reject

P1.2 P1.2

a), d), e) a), d), e)

7.2 J2 Homes NZ Reject P1.2 a), d), e) 21.2 Brent Trail Reject P1.2 a), d), e) 21.3 Brent Trail Reject P1.2 a), d), e) 21.4 Brent Trail Reject P1.2 a), d), e)

DPHC19/07 Leonard/ Adams CARRIED

ADDITIONAL DWELLINGS – LOW DENSITY RESIDENTIAL ZONE (R2.1)

RESOLVED

THAT the ‘additional dwelling’ provisions of Plan Change 1 in relation to the Low Density Residential Zone be retained, with amendments as shown in Appendix 2, and THAT the submission points shown in the table below be accepted based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The suggested amendments will reduce duplication and improve consistency. c) Adequate safeguards exist to properly manage any increased stormwater resulting from

the proposed ‘additional dwelling’ provisions.



Point #

Submitter Accept/Reject Recommendation Reason/s

2.3 Veda Winsley Accept R 2.1 a) 15.2 Hauraki District Council Accept R 2.1 a), b) 16.3 New Zealand Transport

Agency Accept R 2.1 c)

23.4 Dawn Sinclair Accept R 2.1 a) 26.1 Stephen & Elizabeth Lye Accept R 2.1 a)

DPHC19/08 Rattray/ Adams CARRIED

ADDITIONAL DWELLINGS –RESIDENTIAL ZONE (R2.2)

RESOLVED

THAT the ‘additional dwelling’ provisions of Plan Change 1 in relation to the Residential Zone be retained, with amendments as shown in Appendix 2, and THAT the submission points shown in the table below be accepted based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The suggested amendments will reduce duplication and improve consistency. c) Adequate safeguards exist to properly manage any increased stormwater resulting from

the proposed ‘additional dwelling’ provisions. d) The issues raised in the submission are adequately addressed in the Operative District

Plan including the changes proposed by PC1 as shown in Appendix 2

Point #


3.1 Frederick Tapp Accept R 2.2 a) 15.1 Hauraki District Council Accept R 2.2 b) 16.2 New Zealand Transport

Agency Accept R 2.2 c)

23.3 Dawn Sinclair Accept R 2.2 a) 24.1 Gary Gothorp Accept R 2.2 a) 33.3 Mark Pennington Accept R 2.3 d)

DPHC19/09 Adams/ Milner CARRIED

ADDITIONAL DWELLINGS –RESIDENTIAL ZONE (R2.3)

RESOLVED

THAT the neutral submission be noted but that no changes be made to Plan Change 1 in response to the submission from Mark Pennington (#33.3) and the issues raised in the submission are adequately addressed in the Operative District Plan including the changes proposed by Plan Change 1 as shown in Appendix 2. DPHC19/10 Milner/ Leonard CARRIED

DEVELOPMENT STANDARDS – OTHER (R3.1)

RESOLVED

THAT the ‘development standards’ of Plan Change 1 be retained, with amendments as shown in Appendix 2.



THAT the submission points shown in the table below be accepted or rejected based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The suggested amendments will improve clarity. c) Adequate safeguards exist to ensure that potential effects and unintended

consequences from the proposed changes will be able to be managed. d) A “blanket” reduction in the ‘Front Yard’ requirement could in some instances result in

adverse traffic noise and vibration effects. e) A “blanket” reduction in the ‘Front Yard’ requirement could in some instances result in

reverse sensitivity effects on the District’s road network. f) A “blanket” reduction in the ‘Front Yard’ requirement could in some instances result in

adverse effects on the amenity and quality of the neighbourhood.

Point #


3.4 Frederick Tapp Accept R 3.1 a), c) 15.10 Hauraki District Council Accept R 3.1 a), b) 19.1 Ian William Verrall Reject R 3.1 d), e), f) 26.6 Stephen & Elizabeth Lye Reject R 3.1 d), e), f) 33.6 Mark Pennington Accept R 3.1 a)

DPHC19/11 Leonard/ Rattray CARRIED

DEVELOPMENT STANDARDS – OUTDOOR LIVING AREA (R3.2)

RESOLVED

THAT the ‘outdoor living area’ standards of Plan Change 1 for the Residential and Low Density Residential Zones be retained as notified, and THAT the submission points shown in the table below be accepted based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The reduction in outdoor living area requirements as notified will provide more flexibility

for residential development while still retaining amenity values and adequate space for outdoor recreation.

Point #


7.3 J2 Homes NZ Accept R 3.2 a), b) 21.14 Brent Trail Accept R 3.2 a), b) 21.15 Brent Trail Accept R 3.2 a), b) 23.2 Dawn Sinclair Accept R 3.2 a), b)

DPHC19/12 Leonard/ Rattray CARRIED

DEVELOPMENT STANDARDS – PRIVACY AND SEPARATION (R3.3)

RESOLVED

THAT the ‘privacy and separation’ standards of Plan Change1 be retained as notified, and THAT the submission point shown in the table below be accepted based on the following reason(s):



a) Support for the proposed provision is acknowledged. b) The ‘privacy and separation’ provisions as notified will provide more flexibility for

residential development while still retaining amenity values and adequate separation from boundaries.

Point #


23.7 Dawn Sinclair Accept R 3.3 a), b) DPHC19/13 Milner/ Adams CARRIED

DEVELOPMENT STANDARDS – YARD (R 3.4)

RESOLVED

THAT the ‘other yards’ standards of Plan Change 1 for the Residential and Low Density Residential Zones be retained as notified, and THAT the submission points shown in the table below be accepted based on the following relative reason(s):

a) Support for the proposed provision is acknowledged. b) The ‘other yard’ requirements as notified will provide more flexibility for residential

development while still retaining amenity values and adequate separation from boundaries.

Point #


7.4 J2 Homes NZ Accept R 3.4 a), b) 21.12 Brent Trail Accept R 3.4 a), b) 21.13 Brent Trail Accept R 3.4 a), b) 23.8 Dawn Sinclair Accept R 3.4 a), b) 26.4 Stephen & Elizabeth Lye Accept R 3.4 a), b)

DPHC19/14 Adams/ Rattray CARRIED

EARTHWORKS– (R 4.1, R 4.2 & R 4.3)

RESOLVED

THAT the submission points in support of the ‘earthworks’ standards of Plan Change 1 for the Residential, Low Density Residential, Marae Development, Township, Town Centre and Industrial Zones be accepted (recommendation R4.1) but that amendments as shown in Appendix 2 be made in response to other submissions, and THAT the neutral submission in to the ‘earthworks’ standards of PC1 for the Residential, Low Density Residential, Marae Development, Township, Town Centre and Industrial Zones be accepted (recommendation R4.2) but that amendments as shown in Appendix 2 be made in response to other submissions, and THAT the submission to the ‘earthworks’ standards of PC1 for the Residential, Low Density Residential, Marae Development, Township, Town Centre and Industrial Zones be accepted in part (recommendation R4.3) and that amendments as shown in Appendix 2 be made in response to the submission, and THAT the submission points shown in the table below be either accepted or accepted in part based on the following relative reason(s) provided for each submission point:



a) Support for the proposed provisions is acknowledged. b) The amended permitted activity standards as shown in Appendix 2 will ensure that the

adverse effects from earthworks including privacy, stormwater, sedimentation and dust can be adequately addressed without requiring standard residential development (with limited earthworks) to obtain resource consent.

c) The amended permitted activity standards as shown in Appendix 2 will enable earthworks to be managed so that stormwater run-off will not have adverse effects on the state highway network.

d) The amended permitted activity standards as shown in Appendix 2 read with the conservation and heritage provisions in Section 6 of the Operative District Plan will mitigate the risk that earthworks could affect archaeological heritage.

e) The amended permitted activity standards as shown in Appendix 2 will mitigate the risk that earthworks could affect infrastructure.

Point #


7.5 J2 Homes NZ Accept R 4.1 a) 15.3 Hauraki District Council Accept in part R 4.3 b) 16.6 New Zealand Transport

Agency Accept in part R 4.3 c)

26.5 Stephen & Elizabeth Lye Accept R 4.1 a) 30.1 F2.1

NZ Archaeological Association Heritage New Zealand Pouhere Taonga - support

Accept in part Accept in part

R 4.3 R 4.3

d) d)

31.2 Powerco Ltd Accept R 4.2 e) DPHC19/15 Leonard/ Milner CARRIED

MINOR DWELLING UNITS – LOW DENSITY RESIDENTIAL ZONES (R 5.1)

RESOLVED

THAT the ‘minor dwelling unit’ provisions of Plan Change 1 in relation to the Low Density Residential Zone be retained, with amendments as shown in Appendix 2. THAT the submission points shown in the table below be either accepted or rejected based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The suggested amendments will improve the overall liveability of minor dwelling units

without undermining the intent of the provisions. c) The suggested ‘note’ would assist Plan users and would provide a link to which further

information could be sourced. d) Adequate safeguards exist to properly manage any increased stormwater resulting from

the proposed ‘minor dwelling unit’ provisions.

Point #


2.4 Veda Winsley Accept R 5.1 a) 15.6 Hauraki District Council Accept R 5.1 b) 15.9 Hauraki District Council Accept R 5.1 c) 15.14 Hauraki District Council Accept R 5.1 b) 16.5 New Zealand Transport

Agency Accept R 5.1 d)

21.9 Brent Trail Reject R 5.1 b) 23.6 Dawn Sinclair Accept R 5.1 a) 26.2 Stephen & Elizabeth Lye Accept R 5.1 a)



DPHC19/16 Adams / Rattray CARRIED

MINOR DWELLING UNITS –RESIDENTIAL ZONE (R 5.2)

RESOLVED

THAT the ‘minor dwelling unit’ provisions of Plan Change 1 in relation to the Residential Zone be retained, with amendments as shown in Appendix 2, and THAT the submission points shown in the table below be either accepted or rejected based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) The suggested amendments will improve the overall liveability of minor dwelling units

without undermining the intent of the provisions. c) The suggested ‘note’ would assist Plan users and would provide a link to which further

information could be sourced. d) Adequate safeguards exist to properly manage any increased stormwater resulting from

the proposed ‘minor dwelling unit’ provisions.

DPHC19/17 Leonard / Adams CARRIED

MINOR DWELLING UNITS –RURAL ZONE (R 5.3)

RESOLVED

THAT the ‘minor dwelling unit’ provisions of Plan Change 1 in relation to the Rural Zone be retained as notified, with amendments as shown in Appendix 2 to provide as a restricted-discretionary activity for up to a maximum of two minor dwelling units associated with permitted dwellings on rural titles of more than 40 ha with the following amendments, and THAT the submission points shown in the table below be either accepted, accepted in part or rejected based on the following relative reason(s):

a) Support for the proposed provisions is acknowledged. b) Increasing the maximum distance that a minor dwelling unit can be from the principal

dwelling in the Rural Zone from 10 metres to 20 metres will provide for increased privacy and greater ability to work around topographical or other site constraints.

c) The suggested amendments will improve the overall liveability of minor dwelling units without undermining the intent of the provisions.

d) The suggested ‘note’ would assist Plan users and would provide a link to which further information could be sourced.

Point #


3.2 Frederick Tapp Accept R 5.2 a) 6.1 Maree Hudson Accept R 5.2 a) 15.5 Hauraki District Council Accept R 5.2 b) 15.8 Hauraki District Council Accept R 5.2 c) 15.15 Hauraki District Council Accept R 5.2 b) 16.4 New Zealand Transport

Agency Accept R 5.2 d)

21.10 Brent Trail Reject R 5.2 b) 23.5 Dawn Sinclair Accept R 5.2 a) 24.2 Gary Gothorp Accept R 5.2 a)



e) For titles of more than 40ha it is considered appropriate that provision be made for minor dwelling units.

Point #


1.1 Wendy Margaret Bowman Accept R 5.3 a) 5.1 Rory Davis Accept in part R 5.3 a), b) 15.4 Hauraki District Council Accept R 5.3 c) 15.7 Hauraki District Council Accept R 5.3 d) 15.16 Hauraki District Council Accept R 5.3 c) 21.11 Brent Trail Reject R 5.3 c) 22.1 Raymond John Ridings &

Jennifer Jane Ridings Accept in part R 5.3 a), e)

DPHC19/18 Leonard / Rattray CARRIED

OTHER –CONSEQUENTIAL AMENDMENTS (R 6.1)

RESOLVED

THAT the amendments as shown in Appendix 2 be made in response to submission, and THAT the submission points shown in the table below be accepted, based on the following reason:

a) The amendments sought are for clarification only and do not change the intent of the provisions as notified.

Point #


15.11 Hauraki District Council Accept R 6.1 a) 15.12 Hauraki District Council Accept R 6.1 a) 15.13 Hauraki District Council Accept R 6.1 a)

DPHC19/19 Milner / Leonard CARRIED

OTHER –OTHER (R 6.2)

RESOLVED

THAT the neutral submission from Powerco (submission point 31.1) that “does not seek any relief or alternative wording” be noted and that no changes be made to Plan Change 1 in response to the submission, as the matters raised in the submission are already dealt with adequately in other sections of the Operative Hauraki District Plan. DPHC19/20 Rattray / Adams CARRIED

OTHER –WHOLE PLAN CHANGE (R6.3, R6.4 & R6.5)

RESOLVED

THAT support for the plan change as notified is noted, but that amendments as shown in Appendix 2 are made in response to other submissions (recommendation R6.3), and THAT the submission requesting that the plan change be declined be rejected (recommendation R6.4), and



That the submission requesting that the plan change be modified to enable case-by-case assessment be rejected (recommendation R6.5), and THAT the submission points shown in the table below be accepted or rejected, based on the following reason(s):

a) Support for the plan change as notified is noted. b) The matters raised in the submission are already dealt with adequately in other sections

of the Operative Hauraki District Plan. c) The submission is not supported by the section 32 evaluation. d) The matters raised in the submission are already dealt with adequately within the

provisions of PC1 including the modifications shown in Appendix 2.

Point #


8.2 Paul Sleep & Susan Sleep Accept R 6.3 a) 27.1 Marc Bonney Reject R 6.4 c) 29.1 Transpower New Zealand Ltd Accept R 6.4 a), b) 32.1 Lawrence Olsen Reject R 6.5 d)

DPHC19/21 Adams/ Milner CARRIED

RESIDENTIAL ZONES –OTHER – STORAGE BUILDINGS (R 7.1)

RESOLVED

THAT the submission points shown in the table below that support the plan change be accepted, based on the following reason(s):

a) Support for the plan change as notified is noted. b) The matters raised in the submission are already dealt with adequately within the

provisions of PC1 including the modifications shown in Appendix 2.

Point #


2.2 Veda Winsley Accept R 7.1 a) 3.3 Frederick Tapp Accept R 7.1 a), b) 8.1 Paul Sleep & Susan Sleep Accept R 7.1 a) 26.3 Stephen and Elisabeth Lye Accept R 7.1 a)

DPHC19/22 Leonard / Rattray CARRIED

SUBDIVISION – OTHER (R8.1, R8.2 and R8.3)

RESOLVED

THAT the submission in support of the plan change be accepted (Recommendation 8.1), and THAT the neutral submissions on the plan change be accepted (Recommendation 8.2), and THAT the submission in opposition of on the plan change be rejected (Recommendation 8.3), and



THAT the submission points shown in the table below be accepted or rejected, based on the following reason(s):


Operative District Plan and the provisions of PC1 including the modifications shown in Appendix 2.

Point #


33.13 Mark Pennington Accept R 8.1 a) 33.14 Mark Pennington Accept R 8.2 a) 33.15 Mark Pennington Reject R 8.3 b) 33.16 Mark Pennington Accept R 8.2 a)

DPHC19/23 Adams / Rattray CARRIED

SUBDIVISION – RESIDENTIAL ZONE (R8.4, R8.5, R8.6 & R8.7)

RESOLVED

THAT the submission in support of the plan change be accepted as per Recommendation R8.4., and THAT the submission be accepted but that amendments to PC1 not be made in response to the submission as per Recommendation R8.5., and THAT the submission requesting that the minimum lot size be further reduced, be rejected as per Recommendation R8.6., and THAT the neutral submission be accepted but that amendments to PC1 not be made in response to the submission as per Recommendation 8.7., and THAT the submission points shown in the table below be accepted or rejected, based on the following reason(s):

a) Support for the plan change as notified is noted. b) The section 32 evaluation does not support further reduction in lot size. c) The matters raised in the submission are already dealt with adequately within the


Point #


2.1 Veda Winsley Accept R 8.4 a) 6.2 Maree Hudson Accept R 8.4 a) 7.1 J2 Homes NZ Accept R 8.4 a) 9.1 Andrew Wharry Accept R 8.4 a) 9.2 Andrew Wharry Accept R 8.4 a) 9.3 Andrew Wharry Accept R 8.4 a) 16.1 New Zealand Transport Agency Accept R 8.5 a), c) 20.1 Joan Kerr McIntyre Reject R 8.6 b) 21.1 Brent Trail Reject R 8.6 b) 21.5 Brent Trail Accept R 8.4 a) 21.6 Brent Trail Accept R 8.4 a) 21.7 Brent Trail Accept R 8.4 a) 21.8 Brent Trail Accept R 8.4 a) 23.1 Dawn Sinclair Accept R 8.4 a) 24.3 Gary Gothorp Accept R 8.4 a) 33.12 Mark Pennington Accept R 8.7 c)



DPHC19/24 Rattray/ Leonard CARRIED

WHIRITOA TOWNSHIP – ADDITIONAL DWELLINGS – RESIDENTIAL ZONE (R9.1 & R9.2)

RESOLVED

THAT the submissions in opposition to Rule 5.7.4.2 (C5) be rejected as per Recommendation R9.1., and THAT the neutral submission be accepted but that that amendments to PC1 not be made in response to the submission as per Recommendation R9.2., and THAT the submission points shown in the table below be accepted in part or rejected, based on the following reason(s):

a) Rule 5.7.4.2 (C5) does not provide for additional development opportunities. b) Adopting Rule 7.5.4.2 (C5) will result in the same development opportunities that

currently exist under the subdivision provisions. The only effect is that additional dwellings that meet the subdivision standards are not required to be subdivided but can be held in the same title as the primary dwelling.

c) Adopting Rule 7.5.4.2 (C5) will not result in any adverse effects on infrastructure, amenity values or the quality of the environment, over and above the effects already implied in the subdivision standards of the Operative District Plan.

d) The matters raised in the submission are already dealt with adequately within the Operative District Plan and the provisions of PC1 including the modifications shown in Appendix 2.

e) Management of groundwater takes is not a function of territorial authorities. Therefore there is no jurisdiction for Council to impose control over groundwater takes in the District Plan.

Point #


10.2 Tracy Ransfield Reject R 9.1 a), b), c) 11.1 Allen Barry Christiansen Reject R 9.1 a), b), c) 13.2 Lynn Green Reject R 9.1 a), b), c) 14.2 Anne George & Robert Lloyd Reject R 9.1 a), b), c) 33.3 Mark Pennington Accept in part R 9.2 d), e)

DPHC19/25 Milner/ Adams CARRIED

WHIRITOA TOWNSHIP - DEVELOPMENT STANDARDS – OTHER (R 9.3)

RESOLVED

THAT the provision be retained for the “maximum site development” standard for the Residential Zone (Rule 5.7.5) as it relates to Whiritoa, and THAT the submission of Mark Pennington (#33.6) be noted and accepted as it supports Rule 5.7.5. DPHC19/26 Milner/ Adams CARRIED

WHIRITOA TOWNSHIP - MINOR DWELLING UNITS – RESIDENTIAL ZONE (R 9.4 & R9.5)



RESOLVED

THAT the submissions in opposition to Rule 5.7.4.3 (RD3) be rejected and that the minor dwelling unit provisions for Whiritoa be retained, and THAT the neutral submission be accepted but that amendments to Plan Change 1 not be made in response to the submission as per Recommendation R9.5., and THAT the submission points shown in the table below be rejected, based on the following reason(s):

a) Even though Whiritoa is a holiday destination, there are employment opportunities nearby within commuting distance. Therefore, there is motivation for creating affordable housing opportunities, such as minor dwelling units, for permanent occupation in Whiritoa.

b) Providing for minor dwelling units in Whiritoa is consistent with the purpose of PC1 that seeks to remove impediments to residential development.

c) Minor dwelling units could benefit the supply of supplementary holiday accommodation thereby providing an additional source of income that will enable retirees on a fixed income the opportunity to remain longer in their current homes.

d) Minor dwelling units are unlikely to result in adverse amenity effects for current residents because the units will likely replace temporary holiday accommodation such as tents with more potential for noise nuisance and adverse visual amenity effects.

e) The Section 32 Report predicts a relatively small uptake of minor dwelling units, unlikely to be of a scale that will result in significant adverse effects.

f) The District Plan standards will continue to apply to minor dwelling unit development and will ensure that the amenity of current residents is retained and that the infrastructure and parking needs for minor dwelling units are provided for.

g) Management of groundwater takes is not a function of territorial authorities. Therefore there is no jurisdiction for Council to impose control over groundwater takes in the District Plan.

Point

# Submitter Accept/Reject Recommendation Reason/s

10.3 Tracy Ransfield Reject R 9.4 a)– e) 13.3 Lynn Green Reject R 9.4 a)-e) 14.3 Anne George &

Robert Lloyd Reject R 9.4 a)- e)

17.2 Allison Keehan Reject R 9.4 a)- e) 18.2 Steven Wiles Reject R 9.4 a)- e) 33.3 Mark Pennington Accept in part R 9.5 g)

DPHC19/27 Rattray/ Milner CARRIED

WHIRITOA TOWNSHIP - RESIDENTIAL ZONES – OTHER (R 9.6)

RESOLVED

THAT the neutral submission from Mark Pennington (#33.6) be accepted but that the amendments to Plan Change 1 not be made in response to the submission as the management of groundwater takes is not a function of territorial authorities. Therefore there is no jurisdiction for Council to impose control over groundwater takes in the District Plan. DPHC19/28 Adams/Rattray CARRIED



WHIRITOA TOWNSHIP - SUBDIVISION – OTHER (R9.7, R9.8 and R9.9)

RESOLVED

THAT the submission in support of the plan change be accepted as per recommendation R9.7), and THAT the neutral submissions be accepted but that no changes be made to PC1 in response to the submission as per Recommendation R9., and THAT the submission in opposition be rejected as per recommendation R9.9, and THAT the submission points shown in the table below be accepted in part or accepted, based on the following reason(s):



Point #


33.13 Mark Pennington Accept R 9.7 a) 33.14 Mark Pennington Accept in part R 9.8 a) 33.15 Mark Pennington Reject R 9.9 b) 33.16 Mark Pennington Accept in part R 9.8 a)

DPHC19/29 Rattray/ Leonard CARRIED

WHIRITOA TOWNSHIP – RESIDENTIAL ZONE – (R9.10 & R9.11)

RESOLVED

THAT the submissions in opposition to the reduction in minimum lot size for infill subdivision in Whiritoa Township be rejected and that the provisions for Whiritoa be retained as set out in Appendix 2, and THAT the neutral submission be accepted but that amendments to Plan Change 1 not be made in response to the submission as per Recommendation R9.11., and THAT the submission points shown in the table below be accepted in part or accepted, based on the following reason(s):

a) Even though Whiritoa is a holiday destination, there are employment opportunities nearby within commuting distance. Therefore, there is motivation for creating affordable housing opportunities, such as through a reduction in the minimum lot size for infill subdivision, for permanent occupation in Whiritoa.

b) Providing for a reduction in minimum lot size for infill subdivision in Whiritoa is consistent with the purpose of PC1 that seeks to remove impediments to residential development.

c) A reduction in the minimum lot size for infill subdivision could benefit the supply of

supplementary holiday accommodation thereby providing an additional source of income that will enable retirees on a fixed income the opportunity to remain longer in their current homes.

d) A reduction in the minimum lot size for infill subdivision is unlikely to result in adverse

amenity effects for current residents because the resulting development will likely replace



temporary holiday accommodation such as tents with more potential for noise nuisance and adverse visual amenity effects.

e) The Section 32 Report predicts a relatively small uptake of development using the

reduction in minimum lot size, unlikely to be of a scale that will result in significant adverse effects.

f) The District Plan standards will continue to apply to development using the reduction in

minimum lot size and will ensure that the amenity of current residents is retained and that the infrastructure and parking needs for minor dwelling units are provided for.

g) Management of groundwater takes is not a function of territorial authorities. Therefore

there is no jurisdiction for Council to impose control over groundwater takes in the District Plan.

Point #


10.1 Tracy Ransfield Reject R 9.10 a)- f) 13.1 Lynn Green Reject R 9.10 a)-f) 14.1 Anne George &

Robert Lloyd Reject R 9.10 a)-f)

17.1 Allison Keehan Reject R 9.10 a)-f) 18.1 Steven Wiles Reject R 9.10 a)-f) 33.12 Mark Pennington Accept in part R 9.11 g)

DPHC19/30 Adams/ Leonard CARRIED

SECTION 42A HEARING REPORT AND SECTION 32AA FURTHER EVALUATION REPORT – PROPOSED PLAN CHANGE 1: RULE PLAN CHANGE

RESOLVED

THAT the report be received. DPHC19/31 Rattray/ Adams CARRIED RESOLVED THAT the Hearings Committee confirms it has considered all submissions and further submissions made to Proposed Plan Change 1;Rule Change, and THAT the Hearings Committee makes recommended decisions on all relief sought in the submissions and further submissions received, and notes its reasons for the decisions, and THAT the Hearings Committee instructs staff to make any changes from the recommended decisions to Proposed Plan Change 1: Rule Plan Change and take a Recommended Decisions version of the Proposed Plan Change 1: Rule Plan Change to Council as soon as Practicable, and THAT any consequential grammatical/numerical changes resulting from the decisions be made. DPHC19/32 Rattray/ Adams CARRIED



Adjournment of Hearing RESOLVED THAT the hearing adjourn to be reconvened for confirmation of minutes, confirmation of recommendations and closure on 18 June 2019. DPHC19/33 Leonard/ Adams CARRIED The hearing adjourned at 2.42pm on Wednesday, 9 May 2019. THE HEARING RECONVENED AT 12.12PM ON TUESDAY, 18 JUNE 2019 IN THE HAURAKI ROOM, COUNCIL OFFICE, WILLIAM STREET, PAEROA PRESENT Cr P A Milner (Chairperson), Cr D A Adams (Deputy Mayor) and

Cr G R Leonard IN ATTENDANCE Messrs P Thom (Group Manager - Planning & Environmental Services),

Ms W Harris (Regulatory Services Manager)

APOLOGIES RESOLVED THAT the apology of Cr Rattray be received and sustained. DPHC19/34 Milner/Leonard CARRIED CONFIRMATION OF MINUTES (TO ADJOURNMENT) (09-05-19) (2594904) RESOLVED THAT the Hearings Committee minutes (to adjournment) on Proposed Plan Change 1: Rule Plan Change held on Wednesday, 9 May 2019 be confirmed and are a true and correct record. DPHC19/35 Milner/Leonard CARRIED RESOLVED THAT the decision report and appendices be received, and THAT the Report and Recommendations of the Hearings Committee be confirmed, and THAT the Report and Recommendations of the Hearings Committee be submitted to Council for its consideration and adoption. DPHC19/36 Milner/Leonard CARRIED The hearing closed at 12.45pm. CONFIRMED Cr P Milner Chairperson – District Plan Hearings Committee 18 June 2019


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