<<

DISTRICT COUNCIL

COUNCIL AGENDA

WEDNESDAY 28 OCTOBER 2020

3.00 PM

MEMBERSHIP

Her Worship (Chairperson)

Cr G Caffell Cr B Gare Cr D Holmes Cr B Johnson Cr G McClymont Cr F Mailman Cr T Nelson Cr T Nixon Cr C Peterson Cr S Ryan

Noce is given that a meeng of the Masterton District Council will be held at 3.00pm on Wednesday 28 October 2020 at Waiata House, 27 Lincoln Rd, Masterton.

RECOMMENDATIONS IN REPORTS ARE NOT TO BE CONSTRUED AS COUNCIL POLICY UNTIL ADOPTED

22 October 2020 Values

1. Public interest: members will serve the best interests of the people within the Masterton district and discharge their duties conscientiously, to the best of their ability. 2. Public trust: members, in order to foster community confidence and trust in their Council, will work together constructively and uphold the values of honesty, integrity, accountability and transparency. 3. Ethical behaviour: members will not place themselves in situations where their honesty and integrity may be questioned, will not behave improperly and will avoid the appearance of any such behaviour. 4. Objectivity: members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits. 5. Respect for others: will treat people, including other members, with respect and courtesy, regardless of their ethnicity, age, religion, gender, sexual orientation, or disability. Members will respect the impartiality and integrity of Council staff. 6. Duty to uphold the law: members will comply with all legislative requirements applying to their role, abide by this Code, and act in accordance with the trust placed in them by the public. 7. Equitable contribution: members will take all reasonable steps to ensure they fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars. 8. Leadership: members will actively promote and support these principles and ensure they are reflected in the way in which MDC operates, including a regular review and assessment of MDC’s collective performance.

These values complement, and work in conjunction with, the principles of section 14 of the LGA 2002; the governance principles of section 39 of the LGA 2002; and our MDC governance principles:

Whakamana Tangata Respecting the mandate of each member, and ensuring the integrity of the committee as a whole by acknowledging the principle of collective responsibility and decision‐making.

Manaakitanga Recognising and embracing the mana of others.

Rangatiratanga Demonstrating effective leadership with integrity, humility, honesty and transparency.

Whanaungatanga Building and sustaining effective and efficient relationships.

Kotahitanga Working collectively. 1

AGENDA:

The Order Paper is as follows:

1. Karakia

2. Conflicts of Interest (Members to declare conflicts, if any)

3. Apologies

4. Public Forum  People First: Peter Knighton, Millie Ogg and Sue Hobbs  Youth Council and Students Against Dangerous Driving 5. Late items for inclusion under Section 46A(7) of the Local Government Official Information and Meetings Act 1987

6. Items to be considered under Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987:  Minutes of the Council meeting held with the public excluded on 16 September 2020  Appointment to Council Organisation – Destination Wairarapa 7. Confirmation of Minutes of the Council meeting held on 16 September 2020 (141/20) Pages 101-109

8. Report of the Awards and Grants Committee held on 9 and 16 September 2020 (132/20) Pages 201-210

9. Report of the Hearings Committee meeting held on 30 September 2020 (145/20) Pages 601-602

10. Report of the Infrastructure and Services Committee meeting held on 7 October 2020 (146/20) Pages 301-303

FOR DECISION

11. PROPOSED WAIRARAPA SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2021 (154/20) Pages 121-177

12. MASTERTON DISTRICT COUNCIL RURAL ADVISORY GROUP APPOINTMENTS AND MEETING FEE (133/20) Pages 178-181

13. AMENDMENT TO FEES AND CHARGES SCHEDULE 2020/21 (149/20) Pages 182-184

14. COUNCIL AND COMMITTEE MEETING SCHEDULE FOR 2021 (151/20) Pages 185-188

15. WAIRARAPA VINTAGE AVIATION CENTRE – PROGRESS REPORT (152/20) Pages 189-192 2

FOR INFORMATION

16. CHIEF EXECUTIVE’S REPORT (153/20) Pages 193-226

17. MAYOR’S REPORT To be circulated separately 3

MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED COUNCIL MEETING – WEDNESDAY 28 OCTOBER 2020 MOVED BY: SECONDED BY: That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

Confirmation of Minutes 18 Minutes of the Council meeting held with the public excluded on 16 September 2020

General Business 19. Appointment to Council Organisation – Destination Wairarapa

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:-

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution Confirmation of Minutes Refer to page 109 Refer to page 109 of the Council meeting held with the public excluded on 16 September 2020

Masterton District Council 7(2)(a) To protect the privacy of s48(1)(a) Appointment to Council Organisation natural persons, including that That the public conduct – Destination Wairarapa of deceased natural persons). of this item would be likely to result in the disclosure of information for which good reason for withholding would exist under Section 7 101 141/20 MINUTES OF THE MEETING OF THE MASTERTON DISTRICT COUNCIL HELD AT WAIATA HOUSE, 27 LINCOLN ROAD, MASTERTON, ON WEDNESDAY 16 SEPTEMBER 2020 AT 3.00PM

PRESENT Mayor Lyn Patterson (Chair), Councillors G Caffell, B Gare, D Holmes, B Johnson, G McClymont, F Mailman, T Nelson, T Nixon, C Peterson and S Ryan and iwi representatives Tiraumaera Te Tau and Ra Smith.

IN ATTENDANCE Chief Executive, Manager Finance, Manager Assets and Operations, Manager Community Facilities and Activities, Manager Strategic Planning, Communications and Marketing Manager, Properties and Facilities Manager, Policy Manager, Governance Advisor and one media representative.

KARAKIA Mayor Lyn Patterson led the karakia.

CONFLICTS OF INTEREST No conflicts were declared.

APOLOGIES There were no apologies.

PUBLIC FORUM  Youth Council members Ruby Wilton, Wiremu Ruparere and Darleen Rogers, supported by Whaea Shari Taylor, spoke to Council on the agenda item relating to the Mākoura Road spelling correction, and the Youth Development Coordinator presented comments on behalf of Mair Gibbs on the agenda item relating to the Communications and Engagement Strategy. (Youth Council presented at 3.24pm)

LATE ITEMS FOR INCLUSION UNDER SECTION 46A(7) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 There were no late items.

ITEMS TO BE CONSIDERED UNDER SECTION 48(1)(A) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

 Minutes of the Council meeting held with the public excluded on 5 August 2020  Report of the Audit and Risk Committee held with the public excluded on 19 August 2020  Minutes of the Council meeting held with the public excluded on 9 September 2020 Moved by Councillor B Gare That in terms of section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 the items be dealt with at this meeting. 102 Seconded by Councillor C Peterson and CARRIED CONFIRMATION OF MINUTES OF THE COUNCIL MEETING HELD ON 5 AUGUST 2020 (107/20) Moved by Councillor G Caffell That the minutes of the meeting of the Masterton District Council held on 5 August 2020 be confirmed. Seconded by Councillor F Mailman and CARRIED

CONFIRMATION OF MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON 9 SEPTEMBER 2020 (137/20) Moved by Councillor T Nelson That the minutes of the extraordinary meeting of the Masterton District Council held on 9 September 2020 be confirmed. Seconded by Councillor C Peterson and CARRIED

REPORT OF THE AUDIT AND RISK COMMITTEE MEETING HELD ON 19 AUGUST 2020 (118/20) The report of the Audit and Risk Committee meeting held on 19 August was taken as read, noting that the following items had been considered:  Fourth Quarter Reports (114/20)  Non-Financial Performance Year End Report 2019/2020 (115/20)  2019/20 Interim Summary Full Year Financial Report (117/20)  Rates Receivable Report (113/20)  Treasury Management Report (116/20)  Health and Safety Quarterly Report (112/20)  Business Improvement Work Programme (111/20)

Moved by Councillor T Nelson That the Report of the Audit and Risk Committee meeting held 19 August 2020 (118/20) including the following resolutions be confirmed: FOURTH QUARTER REPORTS (114/20) That Council receives: (a) the quarterly report and financial information as at 30 June 2020 from Aratoi Regional Trust. (b) the quarterly report and financial information as at 30 June 2020 from Destination Wairarapa; (c) the six-monthly report and financial information as at 30 June 2020 from Connecting Communities Wairarapa; 103 (d) the six-monthly report and financial information as at 30 June 2020 from Sport Wairarapa

NON-FINANCIAL PERFORMANCE YEAR END REPORT 2019/2020 (115/20) That the Audit and Risk Committee receives the Non-Financial Performance Year End report for the 2019/2020 financial year.

2019/20 INTERIM SUMMARY FULL YEAR FINANCIAL REPORT (117/20) That Audit and Risk Committee receives the interim summary full year financial report and commentary, including capital expenditure for the 12 months to 30 June 2020.

RATES RECEIVABLE REPORT (113/20) That the Committee receives the Rates Receivable Report (113/20) to 30 June 2020. TREASURY MANAGEMENT REPORT (116/20) That the Committee receives the Treasury Management Report as at 30 June 2020. HEALTH AND SAFETY QUARTERLY REPORT (112/20) The Audit and Risk Committee notes the content and receives the Health and Safety Report for the fourth quarter (1 April to 30 June 2020). BUSINESS IMPROVEMENT WORK PROGRAMME (111/20) That the Audit and Risk Committee notes the update contained in Report 111/20. Seconded by Councillor B Gare and CARRIED

REPORT OF THE INFRASTRUCTURE AND SERVICES COMMITTEE MEETING HELD ON 26 AUGUST 2020 (122/20) The report of the Infrastructure and Services Committee meeting held on 26 August 2020 was taken as read, noting that the following items had been considered:  Infrastructure Update  Community Facilities and Activities Infrastructure and Services Update  Hood Strategic Advisory Group Update.

Moved by Councillor B Johnson That the Report of the Infrastructure and Services Committee meeting held 26 August 2020 (122/20) including the following resolutions be confirmed INFRASTRUCTURE UPDATE (119/20) That the Infrastructure and Services Committee notes the information contained in Report 119/20. 104 COMMUNITY FACILITIES AND ACTIVITIES INFRASTRUCTURE UPDATE (120/20) That the Infrastructure and Services Committee notes the contents of Report 120/20. HOOD STRATEGIC ADVISORY GROUP UDPATE (105/20) That the Infrastructure and Services Committee notes the information contained in the Hood Aerodrome Strategic Advisory Group Report 105/20. Seconded by Councillor D Holmes and CARRIED

REPORT OF THE HEARINGS COMMITTEE MEETING HELD ON 2 SEPTEMBER 2020 (126/20) The report of the Hearings Committee meeting held on 2 September 2020 was taken as read.

Moved Councillor F Mailman That the Report of the Hearings Committee meeting held 2 September 2020 (126/20) including the following resolution be confirmed: HEARING OF SUBMISSIONS ON THE PROPOSAL TO CLOSE THE OPAKI WATER RACE (123/20) That the Hearings Committee a) Receives the submissions on the Opaki Water Race proposal b) Notes that of the 66 submissions received, eight submitters requested to be heard. Seconded Councillor T Nixon and CARRIED

PROHIBITION OF CONSUMPTION OR POSSESSION OF ALCOHOL - CASTLEPOINT AND RIVERSDALE BEACHES – LABOUR WEEKEND 2020 AND NEW YEAR CELEBRATIONS 2021 (135/20)

The report recommending Council give public notice of a prohibition on the consumption or possession of alcohol in the public roads and places within the Riversdale and Castlepoint resort areas for Labour weekend 2020 and New Year 2021 celebrations and a prohibition on vehicles at New Year 2021 was taken as read.

Moved Councillor B Johnson That Council: i. Adopts, in accordance with the Masterton District Council Alcohol Control Bylaw 2018 and Section 147 of the Local Government Act 2002, a prohibition on the consumption or possession of alcohol in public places at Castlepoint and Riversdale during Labour Weekend 2020 on Friday, Saturday and Sunday nights from 7pm to 7am the next day. 105 ii. Adopts, in accordance with the Masterton District Council Alcohol Control Bylaw 2018 and Section 147 of the Local Government Act 2002, a prohibition on the consumption or possession of alcohol at Castlepoint and Riversdale th st from 6pm Wednesday 30 December 2020 to 6am Friday 1 January 2021. iii. Adopts a prohibition on vehicles at Castlepoint and Riversdale Beach townships on New Year’s Eve 2020 from 4pm Thursday 31st December 2020 to 6am Friday 1st January 2021. Seconded by Councillor S Ryan and CARRIED

APPOINTMENT OF DISTRICT LICENSING COMMITTEE CHAIRPERSON (133/20) The report seeking Council’s direction on the appointment of the replacement Chairperson for the Council’s District Licensing Committee was presented by the Manager Strategic Planning.

Councillor Mailman agreed to be the Chairperson and Councillor Nixon agreed to replace Councillor Mailman as the Deputy Chair.

The Mayor acknowledged the work the retiring Chairperson, Jane Terpstra, had done over the time she had been in the role.

Moved by Mayor L Patterson That Council appoints, pursuant to Section 189 of the Sale and Supply of Alcohol Act 2012, Councillor F Mailman to the District Licensing Committee as the Chairperson and Councillor T Nixon as the Deputy Chair. Seconded by Councillor B Gare and CARRIED

DOG CONTROL POLICY AND PRACTICES REPORT 2019/2020 (136/20) The report submitting the Practices Report for the 2019/20 registration year was taken as read. In relation to a question about the number of attacks which had increased, while the number of prosecutions hadn’t, staff advised that a matrix was used to make the decision to move to prosecution and while some incidents had come close, most hadn’t made that threshold.

Moved by Councillor D Holmes That Council receives and adopts the Dog Control Policy and Practices Report for the 2019/20 registration year. Seconded by Councillor B Gare and CARRIED

PROPOSED AMENDMENT TO SCHEDULES OF THE MASTERTON DISTRICT COUNCIL TRAFFIC BYLAW (134/20)

The report seeking Council approval for the proposed amendments to the Masterton District Council and Council Consolidated Bylaw, Part 10 – Traffic was taken as read.

106 Moved by Councillor T Nixon That Council approves the following proposed amendments to Part 10 (Traffic) of the Consolidated Bylaw 2012: i. The installation of 105 metres of no stopping line on the eastern side of Ngaumutawa Road, outside Tumu ITM. ii. Extend the existing loading zone at the northern end of Queen Street by 25.8 metres, directly in front of the New World supermarket loading bay. iii. Designate the shared path from Memorial Drive to Dixon Street (Queen Elizabeth Park), as a special vehicle lane. iv. The installation of 38 metres of no stopping line on the southwestern side of Michael Street, commencing at the point of 93.5 metres north west of the intersection of Chapel Street and Michael Street. v. Relocating existing Wairarapa College bus stop f r o m i t s c u r r e n t p o s i t i o n t o a point between the bus bay entry and exit crossings Seconded by Councillor T Nelson and CARRIED

MAKORA ROAD PROJECT – PUTTING THE ‘U’ BACK INTO ‘MAKORA ROAD’ (129/20)

The report seeking Council approval to correct the spelling of Makora Road to Mākoura Road was presented by the Manager Community Facilities and Activities. Staff were congratulated on the work done over a number of years to bring the project to a conclusion. Moved Councillor B Johnson That Council approves the spelling correction from Makora Road to Mākoura Road. Seconded Councillor G McClymont and CARRIED

COMMUNICATIONS AND ENGAGEMENT STRATEGY IMPLEMENTATION (138/20)

The report informing Elected Members of a new Communications and Engagement Strategy and seeking support to develop a business case for resourcing to implement aspects of the strategy was presented by the Manager Communications and Marketing.

Moved by Councillor S Ryan That Council: i. Receives the operational Communications and Engagement Strategy. ii. Requests staff to develop a business case for resources to implement aspects of the Communications and Engagement Strategy for consideration by Council as part of the LTP development. Seconded by Councillor B Gare and CARRIED

AMENDED APPOINTMENTS TO EXTERNAL COMMITTEES AND WORKING GROUPS (127/20) The report amending appointments to various internal and external groups was taken as read. 107 Moved by Councillor D Holmes THAT Council i. Replaces Cr Sandy Ryan with Cr Frazer Mailman on the Wellington Regional Waste Management and Minimisation Joint Committee for the 2019-2022 triennium; ii. Replaces Cr Gary Caffell with Cr Frazer Mailman on the Civic Centre Development Project Steering Group; iii. Adds Cr Bex Johnson as alternate member (to the Deputy Mayor) to the Hood Aerodrome Strategic Advisory Group. Seconded by Councillor B Gare and CARRIED

ACQUISITION OF THE MAURICEVILLE WEST LUTHERAN CHURCH SITE AND BURIAL GROUND (128/20)

The report presenting a proposal from the Mauriceville West Lutheran Church & Burial Ground trustees to transfer the site and ongoing management to Council was presented by the Properties and Facilities Manager.

Moved by Councillor F Mailman That Council: i. Receives the proposal from the Mauriceville West Lutheran Church & Burial Ground trustees and St Francis Lutheran Church. ii. Agrees in principle to accept the transfer of the St Francis Burial Grounds and church site from the Mauriceville West Lutheran Church & Burial Ground trustees and St Francis Lutheran Church into Council ownership for ongoing administration and care, subject to consultation with the local community. iii. Consult the local community on whether the burial ground be closed and managed as an historic site, remain open as a Lutheran Burial Ground or be closed as a denominational burial ground and opened as a community cemetery. iv. Request a further report, following the consultation, outlining the final recommendation for the future of the burial ground. Seconded by Councillor T Nixon and CARRIED

NEW CIVIC AWARD CATEGORY ‐ COMMUNITY CHAMPION AWARD (131/20)

The report presenting the Awards and Grants Committee’s recommendation to establish a new Civic Award category, the Community Champion Award, and requesting Council approve the criteria for the award was presented by the Manager Community Facilities and Activities. Members discussed whether there could be more than one Community Champion Award each year. It was decided not to limit the number but to make that assessment when nominations were received. 108 The words “or individuals” were added to the criteria ((ii)(a)) to make it clear that the award could go to a community or group of people as well as an individual. Moved by Councillor G Caffell That Council: (i) approves a new Civic Award category, the Community Champion Award (ii) approves the criteria for the Community Champion Award as follows: a) A special achievement award celebrating an individual or individuals for their outstanding contribution and dedication to Masterton over their lifetime. This person will have gone above and beyond, over many years, demonstrating a long-term voluntary commitment to Masterton and the wider community. b) In special circumstances, the selection panel may make a lifetime award to a person who lives outside the district boundaries, providing the deserving voluntary service concerned has been wholly or predominantly carried out for the benefit of the Masterton District and its people. Seconded by Councillor B Gare and CARRIED

CHIEF EXECUTIVE’S REPORT (139/20) The report providing Council with an update (as at 4 September 2020) on Council operations and changes in the national and regional context for Council since the last CEO report to Council dated 27 July 2020 was presented by the Chief Executive. A correction was noted on page 224 in the paragraph relating to Te Pātukituki where the reference to Trust House should have been to the Masterton Trust Lands Trust. Moved by Mayor L Patterson That Council notes the information in the Chief Executive’s Report 139/20. Seconded by Councillor S Ryan and CARRIED

MAYOR’S REPORT (140/20) The report from the Mayor was taken as read. Her Worship noted that the first meeting of the Social Wellbeing Forum will be held on Thursday 24 September. Moved Mayor L Patterson That Council receives the information in the Mayor’s report (140/20). Seconded by Councillor B Johnson and CARRIED

109 MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED COUNCIL MEETING WEDNESDAY 16 SEPTEMBER 2020 MOVED BY: Councillor D Holmes

That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

Confirmation of Minutes 23 Minutes of the Council meeting held with the public excluded on 5 August 2020 24. Report of the Audit and Risk Committee held with the public excluded on 19 August 2020 25. Minutes of the Extraordinary Council meeting held with the public excluded on 9 September 2020

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:-

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution Confirmation of Minutes Refer to page 107-108 Refer to page 107-108 of the Council meeting held with the public excluded on 5 August 2020

Confirmation of the Report of the Refer to page 404-405 Refer to page 404-405 Audit and Risk Committee held with the public excluded on 19 August 2020

Confirmation of Minutes of the Refer to page 102 Refer to page 102 Extraordinary Council meeting held with the public excluded on 9 September 2020

SECONDED BY: Councillor T Nixon and CARRIED

The meeting moved into public excluded at 3.57 pm The meeting moved out of public excluded at 3.59 pm The meeting closed at 3.59 pm

Confirmed at the Meeting of the Council held on 28 October 2020

………………………………………………… 201 132/20 REPORT OF THE AWARDS AND GRANTS COMMITTEE MEETING HELD AT WAIATA HOUSE, LINCOLN ROAD, MASTERTON ON WEDNESDAY 9 SEPTEMBER AT 9.00AM AND CONTINUED ON 16 SEPTEMBER AT 10.00AM

PRESENT

Councillors G Caffell (Chair), Mayor L Patterson, Councillors D Holmes, B Johnson, S Ryan, and iwi representative Tiraumaera Te Tau.

IN ATTENDANCE

Manager Community Facilities and Activities, Senior Communications Advisor and Community Development Advisor, Grants Administrator/Personal Assistant to the Community Facilities and Activities Manager, Governance Advisor, Community Development and Events Support and one media representative.

CONFLICTS OF INTEREST

 In relation to the application from People First, Councillor Ryan declared an interest as the People First National Funding Manager.  In relation to the application from Shelter Masterton, Mayor L Patterson declared that she had provided a letter of support for the organisation’s application for funding from the Eastern and Central Community Trust.  In relation to the application from Shelter Masterton, Councillor Bex Johnson declared she was the real estate agent who sold the Shelter their house

APOLOGIES

There were no apologies.

LATE ITEMS

There were no late items.

ITEMS TO BE CONSDERED UNDER SECTION 48(1)(A) OF THE LOCAL GOVERNMENT OFFICIAL INFRMATION AND MEETINGS ACT 1987

 Community Wellbeing Grant and Community Events Fund Deliberations

Moved by Councillor D Holmes That in terms of section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 the items be dealt with at this meeting. Seconded by Councillor Bex Johnson and CARRIED

202 2020 COMMUNITY WELLBEING GRANT AND COMMUNITY EVENTS FUND APPLICATIONS (124/20)

The Manager Community Facilities and Activities presented the report providing the Committee with a summary of the applications received for the 2020 Community Wellbeing Grants and Community Events Fund Applications.

Staff were thanked for the amount of work they had done on processing the applications.

The Committee heard from the following presenters:

App # Grant Type Speaker and Organisation 109225 Community Wellbeing Linda Tilyard; King Street Artworks Inc 109719 Community Wellbeing Beverley Jack and Pip Hannon; Wairarapa Community Centre 109848 Community Events Jorge Sandoval; All Kiwi Sports Club

110085 Community Wellbeing Lyndal Bremer; Life Flight Trust 110146 Community Wellbeing Amanda Taylor; House of Science 110195 Community Events Bob Francis and Jenny Gasson; Wings Over Wairarapa Community Trust 110328 Community Wellbeing Dave Rose and Charlie Cordwell; Riversdale Surf Livesaving Club. 110266 Community Wellbeing Rebecca Johnston; Royal NZ SPCA 110218 Community Wellbeing Geoff Smith; Henley Mens Shed 110260 Community Wellbeing Stuart Miller and Luke Tiller; Kidz Need Dadz 110268 Community Wellbeing Brendan Owens; YMCA Central Incorporated 110270 Community Wellbeing Frances Dearnley; Motuoru Development Services 110319 Community Wellbeing Suzie Adamson; Hospice Wairarapa Community Trust 110217 Community Wellbeing Jude Clark and Shirley Milligan; Alzheimers Wairarapa 110359 Community Wellbeing Tom Gibson and Lyn Tankersley; Shelter Masterton 110367 Community Wellbeing Maria Mckenzie; WEConnect, Connecting Communities Wairarapa 110368 Community Wellbeing Maria McKenzie; Connecting Communities Wairarapa – School Holiday programme 110369 Community Wellbeing Wendy Lowe and Tracey van der Raaij; Autism Wairarapa Charitable Trust 110370 Community Wellbeing Sarah Wright and Andre Hattingh; Digital Seniors

The meeting adjourned at 12.55pm

203 The meeting reconvened at 1.19pm

Members present when the meeting reconvened were Mayor L Patterson, Councillor Caffell, Council Holmes, Councillor Ryan and Tiraumaera Te Tau.

Councillor Johnson joined the meeting at 1.25pm

App # Grant Type Speaker and Organisation 110315 Community Wellbeing Mandi Lynn; Every Body Is A Treasure 111025 Community Events Trudy Sears and Makuini Kerehi; Wairarapa REAP – Kapa Haka 110416 Community Wellbeing Donna Gray and Makuini Kerehi; Te Awhina Cameron Community House 110372 Community Wellbeing Jen Butler; Masterton Young Citizens Club 110409 Community Wellbeing Anna Baird and Garry Foster; Oxford Street Community Garden 110415 Community Wellbeing Ngaire Walker; Masterton Senior Citizens 110417 Community Wellbeing Tracey Shepherd and Maria McKenzie; YETE Partnership 110444 Community Wellbeing Bob Francis; Wairarapa Healthy Homes Steering Group 110448 Community Events Jo Beetham and Cimone Grayson; Wairarapa Arts Festival Trust (presentation) 110462 Community Wellbeing Simon Ellis and Laurence Titter; Wairarapa Youth Charitable Trust (Tiraumaera Te Tau left the meeting at 3.34pm) 110463 Community Wellbeing Jacob Verbeek; Community Networks Wairarapa (Tiraumaera Te Tau re-joined the meeting at 3.38pm) 110465 Community Wellbeing Lucy Adlam; Joy for Generations 110503 Community Wellbeing Mike Hoskins, Narissa Lower and Claudia Morgan; Masterton District Brass Band (presentation) 110466 Community Events Willie James and Jim Philps, Graham Hodder; Vintage Car Club of (Wairarapa Branch)

Moved by Councillor S Ryan That the Awards and Grants Committee receives and notes the following: 1. Community Wellbeing Grants; a. receives the applications for the 2020 Community Wellbeing Grants b. notes that 35 grant applications were received, requesting funding over $3,000 c. notes that of those grant applications received, 30 applicants have requested to speak to their applications

204 d. notes that 9 grant applications were received, requesting funding $3,000 and under, for assessment by Community Development staff.

2. Community Events Fund; a. receives the applications for the 2020 Community Events Fund b. notes that 5 grant applications were received, requesting funding over $3,000 and all 5 applicants have requested to speak to their applications c. notes that 7 grant applications were received, requesting funding $3,000 and under for assessment by Community Development staff. Seconded by Councillor B Johnson and CARRIED The meeting adjourned at 4.30 pm to Wednesday 16 September at 10.00am The meeting reconvened at 10.04 am on Wednesday 16 September 2020

Members present when the meeting reconvened were Mayor Lyn Patterson, Councillors G Caffell, D Holmes, B Johnson, S Ryan and iwi representative Tiraumaera Te Tau. The Chair noted that there were two rounds but there was no need to split the fund 50/50 and if the committee needed to allocate more this round. An additional community events fund application had been received from the Eastside Community Group for a Spring Festival. Makuini Kerehi and Laurie Williams spoke in support of the application.

MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED RECONVENED AWARDS AND GRANTS COMMITTEE MEETING – WEDNESDAY 16 SEPTEMBER 2020

MOVED BY: Councillor D Holmes

That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:

General Business Community Wellbeing Grant and Community Events Fund Deliberations

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:-

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution ______

205 Community Wellbeing Grant 7(2)(a) To protect the privacy of s48(1)(a) and Community Events Fund natural persons, including that of That the public conduct of this item Deliberations deceased natural persons. would be likely to result in the disclosure of information for which 7(2)(b)(ii) good reason for withholding would The withholding of the information exist under Section 7. is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

SECONDED BY: Councillor Ryan and CARRIED

The meeting moved into public excluded at 10.15 am

The meeting moved out of public excluded at 11.26am

The meeting closed at 11.26am

206 132/20PE REPORT OF THE AWARDS AND GRANTS COMMITTEE MEETING HELD WITH THE PUBLIC EXCLUDED AT WAIATA HOUSE, LINCOLN ROAD, MASTERTON ON WEDNESDAY 16 SEPTEMBER AT 10.15AM

PRESENT

Councillors G Caffell (Chair), Mayor L Patterson, Councillors D Holmes, B Johnson, S Ryan, and iwi representative Tiraumaera Te Tau.

IN ATTENDANCE

Manager Community Facilities and Activities, Community Development Advisor, Grants Administrator/Personal Assistant to the Community Facilities and Activities Manager, Community Development and Events Support, Community Development Advisor and Governance Advisor.

CONFLICTS OF INTEREST

 In relation to the application from People First, Councillor Ryan declared an interest as the People First National Funding Manager.  In relation to the application from Shelter Masterton, Mayor L Patterson declared that she had provided a letter of support for the organisation’s application for funding from the Eastern and Central Community Trust.  In relation to the application from Shelter Masterton, Councillor Bex Johnson declared she was the real estate agent who sold the Shelter their house

APOLOGIES

There were no apologies

LATE ITEMS

There were no late items.

2020 COMMUNITY WELLBEING GRANTS AND COMMUNITY EVENTS FUND (125/20PE) The report providing the Committee with information to make decisions regarding the allocation of funding from the Community Wellbeing Grant and Community Events Fund budgets and recommending an amount to remain for applications that might arise during the year was presented by the Manager Community Facilities and Activities.

An updated report and Attachments 1 and 2 were provided, following the receipt of the additional Community Events Fund application.

Members discussed the applications and made the recommendations in the table below.

207

Due to her declared conflict, Councillor Ryan withdrew from the room when the People Frist NZ application was discussed and decided.

In addition to the funding recommendations made it was noted:  In relation to the Alzheimers Wairarapa Inc application for Community Wellbeing Grant funding, that they be requested to submit a project-related application for funding in the next round.  In relation to the Joy for Generations application for funding for a Community Wellbeing Grant, the amount granted is tagged for Masterton activities only  In relation to the YMCA Central Incorporated application for funding, further information was requested – the Manager Facilities and Activities will provide via email. [Note to minutes: further information was provided to the Committee by email. Staff recommended and the Committee agreed to a grant of $5,000 for the YMCA]  In relation to the Wings Over Wairarapa Community Trust application for a Community Events Fund grant, the amount allocated be targeted to the STEM Programme

Moved Tiraumaera Te Tau That the Awards and Grants Committee: (a) receives the information in Report 125/20PE (b) allocates funding for the 2020 Community Wellbeing Grants listed below:

Awards and No. File ID Organisation Grants Committee Allocation 2 110264 Age Concern Wairarapa $3,000.00 1364 WOOPs Incorporated

3 110217 Alzheimer's Wairarapa Inc $0 1363 4 110369 Autism Wairarapa Charitable Trust $500.00 1379

5 109980 Community Budgeting Trust (Wairarapa) $1,000.00 1356 Inc

6 110463 Community Networks Wairarapa $2,500.00 1391 7 110367 Connecting Communities Wairarapa $0.00 1377

208 Awards and No. File ID Organisation Grants Committee Allocation 8 110368 Connecting Communities Wairarapa $0.00 1378 9 110370 Digital Seniors $3,000.00 1380 10 110315 Every Body Is A Treasure Charitable $5,000.00 1370 Trust 11 110218 Henley Mens Shed Incorporated $0.00 1366 12 110319 Hospice Wairarapa Community Trust $1,000.00 1371 13 110146 House of Science Wairarapa Charitable $2,500.00 Trust 14 110465 Joy for Generations $2,500.00 1392 15 110260 Kidz Need Dadz $1,500.00 1367

16 109225 King Street Artworks Inc $5,000.00 1350 17 110085 Life Flight Trust $3,000.00 1358 19 110358 Masterton Community Patrol $3,000.00 1374 20 110503 Masterton District Brass Band $5,000.00 1393 21 110415 Masterton Senior Citizens and $0.00 1387 Beneficiaries Association 25 110372 Masterton Young Citizens Club Inc $5,000.00 1384 24 110270 Motuoru Development Services $0.00 1369 26 110326 Oasis Charitable Trust Wairarapa $0.00 1372 27 110409 Oxford Street Community Garden $1,000.00 1386 29 109634 Parkinson's NZ Charitable Trust - $500.00 1353 Wairarapa Action Group

209 Awards and No. File ID Organisation Grants Committee Allocation 28 110200 People First NZ Incorporated $2,000.00 1361 30 110371 Rainbow Wairarapa $2,000.00 1385 31 110328 Riversdale Surf Lifesaving Club $8,000.00 1373 33 110359 Shelter Masterton Incorporated $10,000.00 1375 34 110266 (SPCA) Royal NZ Society for the $10,000.00 1365 Prevention of Cruelty to Animals

35 110416 Te Awhina Cameron Community House $5,000.00 1383 37 109719 Wairarapa Community Centre Trust $12,000.00 1354 39 110330 Wairarapa Free Budget Advisory Service $0.00 1381 40 110444 Wairarapa Healthy Homes Steering $10,000.00 1389 Group 41 109581 Wairarapa Search and Rescue $3,000.00 1352 42 110462 Wairarapa Youth Charitable Trust $5,000.00 1390 43 110417 YETE Partnership $0.00 1388 44 110268 YMCA Central Incorporated $5,000 1368 $117,000.00

(c) allocates funding for the 2020 Community Events Fund listed below: Awards and Grants Committee No. File ID Organisation Event Allocation

1 109848 All Kiwi Sports 34th NZ International $10,000.00 Club Cycle Classic

210 Awards and Grants Committee No. File ID Organisation Event Allocation

4 112344 Eastside Spring Festival $2,770.00 Community Group 9 110466 Vintage Car Club National Motorcycle Rally $5,000.00 (Wairarapa Branch) 10 110448 Wairarapa Arts 2020 Programme - a $2,500.00 Festival Trust Kokomai non-festival year

12 111025 Wairarapa REAP Virtual Kapa Haka Festival $3,000.00 2020 13 110195 Wings Over Wings Over Wairarapa Air $5,000.00 Wairarapa Festival 2021

$28,270.00

(d) notes the funding allocations by staff, for the $3,000 and under applications received for the Community Wellbeing Grant and Community Events Fund as listed in Attachments 1 and 2 to Report 125/20PE. Seconded by Councillor S Ryan and CARRIED

Moved by Councillor D Holmes That the resolutions in relation to the 2020 Community Wellbeing Grants and Community Events Fund be brought out of public excluded on 30 September 2020. Seconded by Tiraumaera Te Tau and CARRIED

Moved Councillor D Holmes That the meeting move out of public excluded Seconded by Mayor L Patterson and CARRIED

The meeting moved out of public excluded at 11.26am

The meeting closed at 11.26am

601

145/20 REPORT OF THE MEETING OF THE HEARING COMMITTEE - OPAKI WATER RACE DELIBERATIONS - HELD AT WAIATA HOUSE, 27 LINCOLN ROAD ON WEDNESDAY 30 SEPTEMBER 2020 AT 2.03PM

PRESENT

Councillor F Mailman (Chair), Mayor L Patterson, Councillor C Peterson, and Councillor S Ryan.

IN ATTENDANCE

Manager Assets and Operations, Manager Finance, Manager Community Facilities and Activities, Senior Advisor Wastewater Strategy and Compliance, Senior Communications Advisor, Governance Advisor, one media representative and eight members of the public.

CONFLICTS OF INTEREST

Councillor Nixon declared an interest as a recent member of the Wairarapa Regional Irrigation Trust and did not attend the meeting.

APOLOGIES

Moved Councillor F Mailman That the apology from Councillor Holmes for non-attendance be received. Seconded by Councillor S Ryan and CARRIED.

REPORT OF THE MEETING OF THE HEARING COMMITTEE – OPAKI WATER RACE SUBMISSIONS – HELD ON WEDNESDAY 2 SEPTEMBER 2020 (126/20)

Moved Councillor F Mailman That the Report of the Meeting of the Hearing Committee – Opaki Water Race Submissions – held on Wednesday 2 September 2020 be received. Seconded by Councillorunconfirmed C Peterson and CARRIED

OPAKI WATER RACE DELIBERATIONS (142/20) The report presenting Council with a summary and analysis of the submissions received on the statement of proposal to close the Opaki Water Race and proposing a solution for the closure of the Water Race was presented by the Manager Assets and Operations and the Senior Advisor Wastewater Compliance and Projects.

The flow from the water race into the Waipoua River was raised. Staff advised that only minor volumes of water reached the Waipoua directly, with an unknown volume lost to ground along the length of the race. It is not clear that the race is increasing the flows in the Waipoua River in any meaningful way.

602

Provision for the koura and eels present in the race after closure was also raised. Staff advised that the race did dry up at certain times of the year already but that there would be a management plan relating to the closure as the race channel would still need to be maintained to provide an overland flow path in heavy rainfall events. The issue of ecology would be part of the closure plan, but ultimately the habitat would no longer be available.

The Mayor thanked submitters and noted that it was a difficult decision however the recommendation from staff was a good compromise which allowed users time to find alternatives.

Moved by Mayor L Patterson That the Hearings Committee: a. Receives Report 142/20; b. Determines that it has followed consultation requirements set out in the Local Government Act 2002; c. Having considered the requirements under Local Government Act 2002, recommends that Council approves the closure of the Opaki Water Race by 30 June 2026.

Seconded by Councillor C Peterson and CARRIED

The meeting closed at 2.12 pm

unconfirmed

301 146/20 REPORT OF THE INFRASTRUCTURE AND SERVICES COMMITTEE MEETING HELD AT WAIATA HOUSE, LINCOLN ROAD, MASTERTON ON WEDNESDAY 7 OCTOBER 2020 AT 2.00 PM

PRESENT

Councillor B Johnson (Chair), Mayor Lyn Patterson, Councillors G Caffell, B Gare, D Holmes, F Mailman, T Nelson, T Nixon, C Peterson and S Ryan and iwi representative Ra Smith.

IN ATTENDANCE

Manager Assets and Operations, Manager Community Facilities and Activities, Manager Finance, Manager Strategic Planning, Communications and Marketing Manager, Project Manager, Minute Taker, one media representative and one member of the public.

CONFLICTS OF INTEREST

No conflicts were declared.

APOLOGIES

Moved by Councillor B Johnson That the apologies from Councillor G McClymont and Tiraumaera Te Tau for non- attendance be received. Seconded by Councillor B Gare and CARRIED.

PUBLIC FORUM

There was no public forum

LATE ITEMS FOR INCLUSION UNDER SECTION 46A(7) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

There were no late items.

ITEMS TO BE CONSIDERED UNDER SECTION 48(1)(A) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

There were no items to be considered under Section 48(1)(A) of the Local Government Official Information and Meetings Act 1987

INFRASTRUCTURE UPDATE (143/20)

The report providing the Committee with an update on key infrastructure projects and areas of focus was taken as read.

302 An update on the Opaki Water Race was provided, noting that a recommendation to close the race will be going to the next Council meeting for ratification.

Members discussed the Waste Management and Minimisation Plan and the benefits of being involved in a region-wide plan. It was requested that the Waste Minimisation Officer and the Zero Waste Educator attend a meeting. Further action on the Wairarapa Joint Action Plan was also raised.

Staff noted that waste minimisation through container recycling pods at both Castlepoint and Riversdale are well utilised by the community.

In response to questions around a possible change of site for the dump station at Henley Lake, staff advised that options were being investigated but nothing had been decided yet.

Members noted their stance on the openness of the Civic Centre discussions, with the need to be mindful of commercial sensitivities raised.

Moved by Councillor B Johnson That the Infrastructure and Services Committee notes the information contained in Report 143/20. Seconded by Councillor F Mailman and CARRIED.

COMMUNITY FACILITIES AND ACTIVITIES INFRASTRUCTURE UPDATE (144/20)

The report providing the Infrastructure and Services Committee with an update on key projects and summary of progress, including highlights and any new issues, was taken as read.

Staff advised that as the Positive Ageing Strategy and associated Implementation Plan were written pre-COVID there may be adjustments made to the Implementation Plan. The Positive Ageing Strategy Coordinator will be invited to the next Committee meeting.

Moved by Councillor B Johnson That the Infrastructure and Services Committee notes the contents of Report 144/20. Seconded by Mayor L Patterson and CARRIED.

THREE WATERS PROGRAMME APPLICATION UPDATE (147/20) The report providing an update on the Three Waters Programme Applications was presented by the Manager Assets and Operations. Staff advised that it was a high-level summary of the projects applied for, with an emphasis on drinking water, stormwater and wastewater. Both primary and contingency projects have been listed for pre-approval, in case any of the primary projects don’t meet the requirements. In relation to questions about Maori/Iwi implications it was noted that targeted funding will be available for marae and papakainga.

303 Moved by Councillor F Mailman That the Infrastructure and Services Committee receive the information contained in Report 147/20. Seconded by Councillor D Holmes and CARRIED.

The meeting closed at 2.35 pm

121

154/20

To: Your Worship and Elected Members

From: David Hopman, Manager Assets and Operations

Endorsed by: Kathryn Ross, Chief Executive

Date: 28 October 2020

Subject: Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021

DECISION Recommendations: That Council resolves to; a. Adopt the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Statement of Proposal in Attachment 1 to Report 154/20 (including the draft bylaw and bylaw controls) for public consultation in accordance with the Special Consultative Procedure, as set out by the Local Government Act 2002, and subject to adoption by the Carterton and South Wairarapa District Councils;

b. Approves the consultation timeframes and approach described in Report 154/20;

c. Notes the Wellington Region Waste Management and Minimisation Plan 2017‐23 specifies that the eight councils agree to investigate and if feasible develop, implement and oversee monitoring and enforcement of a regional bylaw, or a suite of regionally consistent bylaws;

d. Notes that in an effort to promote regional consistency across solid waste management and minimisation, bylaw content was collaboratively developed by the eight councils in the Wellington Region. Staff from each Council propose to submit one suite of regionally consistent bylaw provisions for approval to each council for public consultation;

e. Notes that the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 will replace the Masterton and South Wairarapa District Council Solid Waste Bylaw 2012;

f. Agree that, in accordance with section 155 (1) of the Local Government Act 2002, the proposed bylaw is the most appropriate way of addressing the perceived waste management and minimisation issues;

g. Agree that, in accordance with sections 155(2) of the Local Government Act 2002, the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 is the most appropriate form of bylaw and is not inconsistent with the New Zealand Bill of Rights Act 1990;

h. Agrees to delegate authority to the Wairarapa Policy Working Group to hear and consider submissions and make recommendations back to the three Wairarapa Councils on the final Wairarapa Solid Waste Management and Minimisation Bylaw 2021;

i. Agrees to include elected members from the three Wairarapa District Councils who are appointees to the Wellington Region Waste Management and Minimisation Joint Committee to support the Wairarapa Policy Working Group to hear and consider submissions and make recommendations back to the three Wairarapa Councils on the final Wairarapa Solid Waste Management and Minimisation Bylaw 2021; 122

j. Agrees to appoint Councillor Frazer Mailman as the Chair to the Wairarapa Policy Working Group for the Wairarapa Solid Waste Management and Minimisation Bylaw 2021 review; and

k. Delegates responsibility to the Chief Executive to amend the proposal to include any amendments agreed by the Council and any minor consequential edits.

Purpose

The purpose of this report is to present the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Statement of Proposal (Attachment 1 to Report 154/20) for Council’s adoption for public consultation with the community.

This report is intended to be read in conjunction with the following attachments:  The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Statement of Proposal (Attachment 1)  The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 (Attachment 2)  The proposed Wairarapa Solid Waste Management and Minimisation Bylaw Controls 2021 (Attachment 3).

Context

Legislative

The Local Government Act 2002 (LGA) contains a number of sections relating to bylaws. Section 145 of the LGA empowers councils to make bylaws to:  protect the public from nuisance;  protect, promote and maintain public health and safety; and  minimise the potential for offensive behaviour in public places.

Section 158 of the LGA requires a bylaw to be reviewed five years after it is first made, and then every 10 years subsequently.

The three Wairarapa District Councils have a set of consolidated bylaws as well as respective standalone bylaws. The Masterton and South Wairarapa District Council Consolidated Bylaw was first adopted in September 2013. The Wairarapa Consolidated Bylaws were reviewed in 2018 and adopted in 2019. As part of this process, Council agreed to Masterton and South Wairarapa District Council Solid Waste Bylaw 2012 continuing as a standalone Bylaw.

The timeframe for the current review has been brought forward to align with the adoption of regionally consistent Bylaws for Solid Waste Management and Minimisation in the Wellington Region.

As part of the development of the Wairarapa Solid Waste Management and Minimisation Bylaw 2021, Carterton District Council have partnered with Masterton and South Wairarapa District Councils to have a joint bylaw. This Bylaw will supersede the Masterton and South Wairarapa District Council Solid Waste Bylaw 2012. Even though the three Wairarapa District Councils will have a joint Bylaw – each council will individually regulate and enforce the bylaw within their own District.

123

Section 155 (1) of the LGA requires councils to consider whether a proposed bylaw is the most appropriate way of addressing the perceived waste management and minimisation issues. Section 155 (2) of the LGA requires councils to consider whether the proposed bylaw is the most appropriate form of bylaw and is not inconsistent with the New Zealand Bill of Rights Act 1990. Further detail about this is included in the Statement of Proposal (Attachment 1) and the Strategic, Policy and Legislative Implications section of Report 154/20.

Wellington Region Waste Management and Minimisation Plan 2017‐23

In August 2017, the Council adopted the Wellington Region Waste Management and Minimisation Plan (2017‐ 2023) (WMMP). This regional‐level plan was collaboratively developed and subsequently adopted by the eight councils of the Wellington Region. This Plan identifies the council methods for achieving effective and efficient waste management and minimisation within the respective city/districts.

Within the WMMP the eight councils agreed to investigate and if feasible develop, implement and oversee monitoring and enforcement of a regional bylaw, or a suite of regionally consistent bylaws.

Development of a Regional Solid Waste Management and Minimisation Bylaw

A joint project was set up by the eight councils to review the existing solid waste bylaws around the Wellington Region. Following a series of workshops and discussions with councillors and council staff throughout the Wellington region, a proposed Solid Waste Management and Minimisation Bylaw was developed.

As part of this review councils are proposing to:  Encourage better waste management and minimisation practices at large public events;  Provide the ability for councils to better understand and manage waste generated by large construction sites and demolition activities;  Enable councils to more effectively manage waste, public nuisance and litter issues created by unaddressed mail and advertising material;  Clarify the appropriate methods for the deposit, collection and disposal of waste; and  Require registration (licensing) of waste collectors and waste operators to enable Council to obtain better data on waste streams and waste services/operations, and effectively regulate private collection services to ensure they are aligned with the councils’ waste management objectives.

In addition to this, a set of bylaw controls has also been developed to support the implementation of the bylaw once it is adopted. The controls specify the operational standards relevant to waste management and minimisation in the region.

A number of waste issues and options have been identified as part of the bylaw review process:  Ensuring efficient and effective waste management;  Managing dangerous, hazardous and/or infectious waste;  Managing waste storage, disposal and collection activities to minimise public nuisance issues and adverse impacts on urban amenity;  Reducing kerbside waste;  Littering, waste and public nuisance caused by unaddressed mail and advertising material; 124

 Limited, incomplete and inconsistent data;  Reducing construction and demolition waste; and  Event waste management and minimisation.

These waste issues and options are detailed in the appendix section of the Statement of Proposal (Attachment 1).

In terms of the bylaw review cycle, the three Wairarapa District Councils are the last of the eight councils in the Wellington Region to consult on the proposed solid waste bylaw and bylaws controls. This has helped in terms of information shared about issues raised and the level of interest in this proposed bylaw.

Wairarapa Policy Working Group

Report 154/20 recommends that the three Wairarapa District Councils delegate responsibility to the Wairarapa Policy Working Group to hear and consider submissions and make recommendations back to the three Wairarapa Councils on the final Wairarapa Solid Waste Management and Minimisation Bylaw 2021.

Membership of this group is:  Councillor Frazer Mailman (Masterton District Council)  Councillor Brent Gare (Masterton District Council)  Councillor Garrick Emms (South Wairarapa District Council)  Councillor Alistair Plimmer (South Wairarapa District Council)  Councillor Rebecca Vergunst (Carterton District Council)  Councillor Robyn Cherry‐Campbell (Carterton District Council).

It is proposed that elected members from the three Wairarapa District Councils who were appointed to the Wellington Region Waste Management and Minimisation Joint Committee provide support to the Wairarapa Policy Working Group. This would extend the membership for hearing and considering submissions and making recommendations back to the three Wairarapa Councils on the final Wairarapa Solid Waste Management and Minimisation Bylaw 2021 to:  Councillor Chris Petersen (Masterton District Council alternate)  Councillor Jill Greathead (Carterton District Council).  Councillor Pam Colenso (South Wairarapa District Council)

It is also recommended that Councillor Frazer Mailman be appointed the Chair for the Wairarapa Policy Working Group for the Wairarapa Solid Waste Management and Minimisation Bylaw 2021. Councillor Mailman has relevant experience being the current Chair of the Masterton District Council Hearings Committee, has current certification in Making Good Decisions, and was the Chair for the Bylaw Review in 2018. Masterton District Council staff will be primarily providing secretariat support to the Wairarapa Policy Working Group as well as managing submissions on behalf of Carterton and South Wairarapa District Councils.

Analysis and Advice

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 will replace the current Masterton and South Wairarapa District Councils Solid Waste Bylaw 2012. The proposed bylaw effectively 125

amends and replaces all of the sections within the current bylaw. More detail on the specific changes are detailed in the Statement of Proposal (Attachment 1). The key aspects of the proposed Bylaw and Bylaw controls are discussed below.

Event Waste Management

The lack of event waste management and minimisation is an issue that is recognised to exist across the Wellington Region. While Councils currently encourage event waste managers to consider waste minimisation and provides advice and free recycling and organic waste bin hire, event organisers within the Wellington Region are not currently required to ensure or encourage waste minimisation at events.

The bylaw includes a new waste management planning requirement for any large public outdoor event with an expected attendance of 1,000 or more people. Council staff from around the Wellington region propose that this be a regionally consistent standard, which will have the dual benefit of normalising and promoting waste minimisation behaviour change within the community and reducing the amount of waste sent to landfill.

It is also proposed that this new event waste planning requirement will come into effect one year after the commencement date of the bylaw, thereby giving Councils the ability to share and publicise relevant event management information, tools, and promote any associated Council support available to event organisers. It will also allow time for event organisers to develop an understanding of, and prepare for, the new regional event waste planning standard.

Construction and Demolition Waste Management

The establishment of bylaw controls that require the consideration of construction and demolition waste minimisation associated with large commercial building projects has the potential to become a valuable tool for identifying potentially divertible and recyclable waste material streams.

The proposed bylaw enables the Council to require a construction site and demolition waste management plan prior to the commencement of any building work with an estimated value of $2 million or higher.

Information to be provided in such a plan would include, amongst other things:  A description of the types of waste to be produced;  The proposed methods of waste management for each type;  The proposed methods for minimising litter on site;  Estimated waste quantity and diversion information; and  Records of the types and quantities of waste reused, recycled, recovered, cleanfilled and sent to landfill.

The supporting bylaw Controls further specify when such a plan is to be provided. A construction site and demolition waste plan is proposed to be required for building work with an estimated value of $2 million or higher. As such, this approach targets high‐value construction projects that have the potential to generate significant volumes of waste.

126

While the provision to require a construction and demolition waste plan for new builds is proposed to be consistent throughout the region, it is up to each Council to individually set the building value determining when plan is required. Staff are proposing the value of $2 million or higher. It is noted that Wellington City Council and Hutt City Council have similarly proposed a construction value trigger of $2 million or higher.

Unaddressed Advertising Mail and Litter

Littering, waste and public nuisance caused by the delivery of unaddressed mail and advertising material is recognised to be an issue across the Wellington Region. Reinforcing the voluntary Marketing Association Code of Practice for the distribution on unaddressed mail, the proposed Bylaw requires the distributors of unaddressed mail to respect any "no circulars", "no junk mail", "addressed mail only" notices placed near or around a letter box.

Appropriate exemptions have been made for unaddressed mail that may be circulated in the community interest, such as, but not limited to, public notices from any government party or local authority, community newsletters, political party material, and communications or fundraising material from local community groups and charities.

Staff will be empowered to enforce any breach of this new provision through the issuing of infringement notices or fines under the Litter Act 1979.

This new bylaw provision is proposed to be consistent across the Wellington Region.

Regional Waste Operator Licensing

The current lack of consolidated waste data limits the ability of councils to plan effective activities to improve waste management and minimisation within the Wellington Region. In response to this issue, new Bylaw provisions are proposed to enable the establishment of a regional waste operator licensing system.

Section 56(3)(b) of the Waste Minimisation Act specifically allows territorial authorities to require such licensing for the collection of waste data. Waste operator licensing may also stipulate conditions that require the following:  a performance bond and/or security, for the performance of the work licensed, and;  reports setting out the quantity, composition, and destination of waste collected and transported by the licensee (for example, household waste to a disposal facility).

While the operational scope of the proposed licensing system is not yet developed, it would exist as a way for the Council to give effect to controls enabled by the bylaw. For example, if appropriate, the Council could stipulate controls and standards relevant to waste operator servicing through the waste operator licensing and approvals process.

The new waste operator licensing system is proposed to take at least one year following the adoption of the new Bylaw. This will allow time for the councils of the Wellington Region to engage with waste operators affected by the licensing system, and to work collaboratively to develop the licensing system and a secure database to store the waste data collected.

127

Operational Bylaw Controls

Councils are proposing a new set of supporting controls for solid waste management and to ensure safe and efficient waste collection and disposal operations and services.

While a number of operational controls are currently stipulated in the existing Masterton and South Wairarapa District Council Solid Waste Bylaw, the proposed controls provide relevant and up to date standards that would be applicable to both Council and private sector waste operators and service users. It is also noted that a lot of the content in the current bylaw is proposed for amendment or replacements with the proposed bylaw.

In summary, the proposed controls provide for the following:  Requirements to place any waste or recycling receptacle in a public place for collection (South Wairarapa District only for the Wairarapa);  Construction and Demolition Waste Planning requirements

Following the adoption of the proposed Bylaw, Councils have the ability to make any such controls, or amendments to any such controls, by way of a publicly notified Council resolution.

Changes to Regional Bylaw Content

While efforts have been made to ensure that we have regionally consistent bylaw provisions in the Wellington Region, staff have excluded clauses around multi‐unit developments and specificity on the placement and retrieval of waste receptacles.

The multi‐unit development content is not included in the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 and associated controls. The Wairarapa Region does not have any multi‐unit development challenges to require specific bylaw provisions. Multi‐unit developments are also currently covered by the Wairarapa Combined District Plan.

The proposed bylaw controls regarding specificity on the placement and retrieval of waste receptacles is not included. Both Masterton and Carterton District Council staff report that there have not been complaints or issues raised by waste operators or members of the community to date. The South Wairarapa District Council plan to undertake further research to ascertain the need for a bylaw controls provision to address nuisance from bins and bags left in public spaces and congestion in the main street of Greytown.

128

Options Considered

A summary of the options considered is included in the table below.

Option Advantages Disadvantages 1 Make the  Updates the existing bylaw for  It may take time for the amendments as set clarity and better reflects the community and staff to become out in the proposed current legal and operational familiar with the new provisions. Wairarapa Solid environment. Waste Management  Keeps to the commitments and Minimisation made via the WMMP to have an Bylaw Review 2021 agreed set of regionally Statement of consistent solid waste bylaws. Proposal. 2 Keep the current  No change to the current  Does not provide recommended bylaw as it is. situation and no new rules for clarification, which may create the community. uncertainty.  Current legal and operational and environment may not be reflected as well.  Creates a mis‐alignment with the councils in the Wellington Region in terms of their solid waste bylaws.  Does not keep to commitments made via the WMMP to have an agreed set of regionally consistent solid waste bylaws. 3 Revoke the existing  Reduces MDC’s enforcement  Does not meet the needs of the bylaw and do not activity requirements. community. replace.  Removes MDC’s ability to regulate.  Has implications for when the WMMP is reviewed.  Creates mis‐ alignment with the councils in the Wellington Region in terms of their solid waste bylaws.  Does not keep to commitments made via the WMMP to have an agreed set of regionally consistent solid waste bylaws.

129

Recommended Option

Staff recommend Option 1 as it is considered the most effective way to manage the problems the bylaws address and provides an appropriate balance between regulatory control and people’s rights and freedoms. The proposed bylaw helps councils to include better waste management and minimisation standards and to adhere to legislative commitments. The proposed bylaw also aligns the three Wairarapa District Councils bylaw provisions with the wider Wellington Region as agreed under the WMMP.

Summary of Considerations

Strategic, Policy and Legislative Implications

In addition to the Local Government Act 2002 and the Waste Management Act 2008 discussed in this report, the New Zealand Bill of Rights Act, the Litter Act and the Health Act are also relevant to the waste management and minimisation measures proposed. These are detailed below.

The New Zealand Bill of Rights Act 1990:

Under section 155 of the LGA, before making a bylaw, the Council must determine whether the bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. No bylaw may be made which is inconsistent with the Bill of Rights Act. Section 5 of the Bill of Rights Act provides for justified limitations on rights, specifically that the rights and freedoms contained in the Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

In summary, the only rights or freedoms under the Bill of Rights Act potentially engaged by the proposed Bylaw are likely to be the rights to freedom of movement in relation to the transportation of waste, and freedom of expression in relation to unaddressed mail and advertising material. Limitations on these rights must be no more than is reasonably necessary to achieve the purpose of the Bylaw.

The proposed Bylaw limits these rights only to the extent that they create a danger to health and safety or a nuisance to others or the public generally or create the potential for environmental harm. Therefore, the proposed Bylaw does not raise any implications under and is not inconsistent with the Bill of Rights because any limitations of rights are justified.

The Litter Act (1979):

Under the Litter Act 1979 it is an offence for any person to deposit litter of any kind in a public place, or onto private land without the approval of the owner. The Litter Act is enforced by territorial authorities, who have the responsibility to monitor litter dumping, act of complaints, and deal with those responsible for litter dumping. Councils reserve the right to prosecute offenders via fines and infringement notices administered by a litter control warden or officer. The maximum fines for littering are $7,500 for a person and $30,000 for a corporation. Council powers under the Litter Act could be used to help address the illegal dumping issues recognised within the Wellington Region WMMP (2017‐2023).

130

Health Act (1956):

Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect public health within its district, and for that purpose every local authority is hereby empowered and directed (see s23) — (b) to cause inspection of its district to be regularly made for the purpose of ascertaining if any nuisances, or any conditions likely to be injurious to health or offensive, exist in the district: (c) if satisfied that any nuisance, or any condition likely to be injurious to health or offensive, exists in the district, to cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the condition: (e) to make bylaws under and for the purposes of this Act or any other Act authorising the making of bylaws for the protection of public health: (f) to furnish from time to time to the medical officer of health such reports as to diseases, drinking water, and sanitary conditions within its district as the Director‐General or the medical officer of health may require.

The intent of the proposed bylaw and bylaw controls aligns with the Waste Management and Minimisation Plan 2017‐23 and Masterton District Council’s Wellbeing Strategy.

Significance, Engagement and Consultation

Based on the proposed changes to the existing Masterton and South Wairarapa District Councils Solid Waste Bylaw 2012, the Councils are required under Section 156 of the LGA to consult with the community using the Special Consultative Procedure.

The adoption of the proposed Bylaw for public consultation aligns with the bylaw‐related provisions contained in the Wellington Region Waste Management and Minimisation Plan (2017‐2023).

Communications/Engagement

A Communications Plan has been developed to support the public consultation period. The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 and consultation period will be promoted via the three Wairarapa District Council websites and socia media channels, local newspapers, and email. Hardcopies of the statement of proposal, bylaw, bylaw controls and submission form will be available at each of the three councils’ offices and libraries.

If Council adopts the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Statement of Proposal, the following timeframes will apply.

Date Activity/Milestone Friday, 30 October 2020 – Consult with the community on the proposed Wairarapa Solid Waste Monday 30 November Management and Minimisation Bylaw 2021 Statement of Proposal, in 2020 accordance with the Special Consultative Procedure. Wednesday, 16 Joint Hearing (submitters can speak directly to Councillors) December 2020 131

Wednesday, 20 January Joint Deliberations Meeting (Councillors consider submissions and advice) 2021 February 2021 Each Council adopts the final reviewed bylaws. February 2021 If adopted, the amended bylaws come into effect

The Masterton District Council will manage the submission process on behalf of Carterton and South Wairarapa District Councils. Associated costs for the Review including advertising/promotions will be shared between the three Wairarapa District Councils.

Financial Considerations

Financial implications from any additional work, including resources associated with the assessment of waste minimisaton plans, litter enforcement, and waste operator licensing are yet to be fully determined.

The proposed Bylaw enables the eight Wellington Region Councils to require the payment of a fee when applying for a waste operator licence. This fee could cover or help offset regional licensing processing and administration costs.

Implications for Māori/Treaty of Waitangi Implications

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 is not inconsistent with the principles of the Treaty of Waitangi. However, the revocation of the Masterton and South Wairarapa District Council Solid Waste Bylaw 2012 without the renewal of a relevant waste‐related bylaw provision in some form has the potential to limit Council’s ability to influence waste stream content. Such an action could, in turn, limit the Council’s ability to honour the Treaty principle of protection as it relates to the protection of human health and environmental wellbeing connected to waste management.

Environmental/Climate Change Impact and Considerations

The purpose of the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 includes supporting the promotion and delivery of effective and efficient waste management and minimisation throughout the Wairarapa Region, supporting the implementation fo the WMMP, as well as the requirements in the Waste Minimisation Act 2008 and the goals in the New Zealand Waste Strategy 2010.

The proposed bylaw encourages better waste management and minimisation practices at large public events; provides the ability for Councils to better understand and manage waste generated by large construction sites and demolition activities; enables Councils to more effectively manage waste, public nuisance and litter issues created by unaddressed mail and advertising material; and requires registration (licensing) of waste collectors and waste operators to enable Councils to obtain better data on waste streams and waste services/ operations, and effectively regulate private collection services to ensure they are aligned with the Councils’ waste management objectives.

Health and Safety Considerations

The proposed Bylaw Wairarapa Solid Waste Management and Minimisation Bylaw 2021 promotes the health and safety of waste and recycling service operators, and the community, through restricting the disposal of dangerous and potentially hazardous material into receptacles placed in a public place. 132

Next Steps

If all three Wairarapa District Councils adopt the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Statement of Proposal (and supporting Bylaw and Bylaw Controls), public consultation will commence on Friday, 30 October 2020.

Refer timeline in the Communications/Engagement section of Report 154/20 or in the Statement of Proposal for further detail. 133 ATTACHMENT 1 WAIRARAPA SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2021 STATEMENT OF PROPOSAL

We are reviewing our Solid Waste Bylaw to ensure that it reflects the needs of our community; includes better waste management and minimisation standards; and adheres to our legislative commitments. The Carterton District Council, Masterton District Council, and South Wairarapa District Council have taken a joint approach to this review in order to adopt a Bylaw that is consistent throughout the Wairarapa and wider Wellington region.

WHAT ARE BYLAWS? HOW YOU CAN HAVE YOUR SAY Bylaws are rules made by councils that affect they way we live, work and play in certain areas. We make bylaws in order to: We want to hear what  protect the public from nuisance; you think about the  minimise offensive behaviour in public places; proposed Wairarapa  maintain public health and safety; and Solid Waste  protect the environment. Management and Minimisation Bylaw WHAT IS THE WAIRARAPA SOLID WASTE 2021.

MANAGEMENT AND MINIMISATION BYLAW 2021? Submissions are open The Masterton District Council (MDC), Carterton District Council (CDC) and until 4pm on Monday, South Wairarapa District Council (SWDC) are working together to develop a 30 November 2020. regionally consistent Wairarapa Solid Waste Management and Minimisation Bylaw 2021. As part of this process CDC, MDC and SWDC have reviewed the See page TBC for current waste management bylaw provisions in the Masterton and South details on how you Wairarapa District Solid Waste Bylaw 2012. The CDC do not currently have a can have your say. Solid Waste Bylaw but have partnered with MDC and SWDC to develop a revised Solid Waste Management and Minimisation Bylaw for the Wairarapa.

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 will enable CDC, MDC and SWDC to meet legislative obligations, to more effectively manage the negative impacts of waste on the environment, as well as ensure the protection of the health and safety of the community and those involved in waste management. It will also assist the CDC, MDC and SWDC to improve its understanding of the waste collection services in each respective district and how waste is being disposed. STATEMENT OF PROPOSAL

This Statement of Proposal has been prepared in accordance with section 86 of the Local Government Act 2002 (LGA) and provides information about the review process and whether it is appropriate to have the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021. This document is intended to be read alongside the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 and supporting bylaw controls. 134

BACKGROUND

Wellington Region Waste Management and Minimisation Plan 2017-23

In 2017 eight territorial authorities (both city and district councils) 1 from across the Wellington Region adopted the Wellington Region Waste Management and Minimisation Plan (the Plan) 2017-23.

This plan, as required under the Waste Minimisation Act 2008, was developed collaboratively by the councils and sets a regional target to reduce the total quantity of waste sent to Class 1 landfills from 600 kilograms per person per annum to 400 kilograms per person by 2026.

To achieve this, the Plan outlines a number of council actions for achieving effective and efficient waste management and minimisation, including working collaboratively to advance solutions to regional waste management issues.

Under the umbrella of the Plan, the eight councils agreed to “investigate and if feasible develop, implement and oversee monitoring and enforcement of a regional bylaw, or a suite of regionally consistent bylaws”.

Masterton and South Wairarapa District Council Solid Waste Bylaw 2012

The MDC and SWDC currently have a Solid Waste Bylaw. The CDC does not have a specific Solid Waste Bylaw but have agreed to be part of the review process in developing a regionally consistent bylaw for the Wairarapa.

The current bylaw regulates the deposit of kerbside waste, recyclables and other diverted material for collection, prohibits the disposal of dangerous, hazardous, or otherwise inappropriate waste within the kerbside waste stream.

The MDC and SWDC have a legal obligation to review the Masterton and South Wairarapa District Councils Solid Waste Bylaw 2012 every 10 years. The timeframe for this review has been brought forward to align with councils in the Wellington region to enable the adoption of consistent bylaws for Solid Waste Management and Minimisation. Even though the Wairarapa Solid Waste Management and Minimisation Bylaw 2021 is a joint Bylaw of the three Wairarapa District Councils, each council will have individual responsibility for the regulation and enforcement of the Bylaw within their respective Districts.

WELLINGTON REGION SOLID WASTE BYLAW REVIEW PROCESS

A joint project was set up by the eight councils to review the existing solid waste bylaws around the Wellington Region. Following a series of workshops and discussions with councillors and council staff throughout the Wellington region, a proposed Solid Waste Management and Minimisation Bylaw was developed. This proposed bylaw forms a regionally consistent suite of waste bylaw provisions for each council to put forward for public consultation.

As part of this review Councils are proposing to:  Encourage better waste management and minimisation practices at large public events;  Provide the ability for Councils to better understand and manage waste generated by large construction sites and demolition activities;  Enable Councils to more effectively manage waste, public nuisance and litter issues created by unaddressed mail and advertising material;  Clarify the appropriate methods for the deposit, collection and disposal of waste; and

1 The eight councils are: Wellington City Council, Hutt City Council, City Council, City Council, Kāpiti Coast District Council, South Wairarapa District Council, Carterton District Council and Masterton District Council.

2

135

 Require registration (licensing) of waste collectors and waste operators to enable Council to obtain better data on waste streams and waste services/operations, and effectively regulate private collection services to ensure they are aligned with the Councils’ waste management objectives.

A set of bylaw controls has also been developed to support the implementation of the bylaw once it is adopted. The controls specify the operational standards relevant to waste management and minimisation in the region.

A number of waste issues and options were identified as part of the bylaw review process: 1. Ensuring efficient and effective waste management; 2. Managing dangerous, hazardous and/or infectious waste; 3. Managing waste storage, disposal and collection activities to minimise public nuisance issues and adverse impacts on urban amenity; 4. Reducing kerbside waste; 5. Littering, waste and public nuisance caused by unaddressed mail and advertising material; 6. Limited, incomplete and inconsistent data; 7. Reducing construction and demolition waste; and 8. Event waste management and minimisation.

More detail on each of these issues and options is in Appendix 1 on page TBC.

PROPOSED WAIRARAPA SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2021 CHANGES

The proposed Bylaw has involved updating the existing Masterton and South Wairarapa District Council Solid Waste Bylaw 2012 provisions to ensure the requirements are clear, relevant and consistent with current legislation, national practices, and with Councils’ Plan for waste.

A number of the provisions in the proposed Bylaw are new, with the bylaw being CDC’s first solid waste bylaw. The bylaw will enable the Council’s to take action on particular issues where this has not previously been possible.

The purpose of the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 is to:  Promote and deliver effective and efficient waste management and minimisation;  Implement the Wellington Region Waste Management and Minimisation Plan 2017-23;  Encourage waste minimisation and a decrease in waste disposal in order to protect the environment from harm; and provide environmental, social, economic, and cultural benefits;  Regulate waste collection, transport and disposal, including recycling, waste storage and management;  Set controls regarding the responsibilities of customers who use approved solid waste services, and the licensing of waste collectors and waste operators;  Protect the health and safety of waste collectors, waste operators and the public; and  Manage litter and nuisance relating to waste in public places.

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 must be consistent with the Wellington Region Waste Management and Minimisation Plan 2017-23.

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 supports the key goals of the Wellington Region Waste Management and Minimisation Plan 2017-23 which include maximising opportunities to reduce the amount of waste sent to landfill, reduce the harmful and costly effects of waste, and improve efficiency of resource use.

3

136

Summary of key changes

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 will replace the current Masterton and South Wairarapa District Council Solid Waste Bylaw 2012. The following section provides an explanation of the changes from the current bylaw to the proposed new bylaw.

SUMMARY OF KEY CHANGES Waste management responsibilities

Current Bylaw: Proposed Bylaw: Outlines some Provides greater clarity and detail in terms of the general and specific responsibilities but not in a responsibilities of owners, managers and occupiers of premises, and of comprehensive manner. waste collectors and waste operators. Licensing of waste collectors and operators

Current Bylaw: Proposed Bylaw: There are no requirements Introduces a mandatory registration (licensing) system for waste for licensing of service collectors and waste operators to enable Councils to: providers/operators.  Effectively regulate private collection services to ensure they are aligned with the Wellington Region Waste Management and Minimisation Plan 2017-23 and Councils’ waste management objectives  Collect better data on waste streams, waste management and service operations, and  Fulfil its responsibilities to promote effective and efficient waste management and minimisation.

A one-year delay is proposed before these provisions come into effect to allow the CDC, MDC and SWDC, along with other Councils in the Wellington region, to establish an appropriate regional system (and resourcing) to manage the applications and data collected. Waste management for events

Current Bylaw: Proposed Bylaw: There are no regulatory The provisions in the proposed Bylaw provide the ability to manage requirements for dealing waste at events and ensure adequate provision is made for waste with waste generated by management and minimisation. events. Requires the preparation of an event waste minimisation plan (for approval by Council) for public events of a significant scale (an expected attendance of 1,000 or more people over its duration) that will generate waste (exceptions apply). The intent is to encourage better planning and management and minimisation of waste and to ensure adequate provision is made for waste management facilities and services for events.

The proposed one year delay in the commencement of these provisions allows CDC, MDC and SWDC to work in partnership with the other councils in the Wellington region to establish appropriate guidance and resourcing to support event managers, and the collection and analysis of the waste data provided.

4

137

Management of construction and demolition waste

Current Bylaw: Proposed Bylaw: There are no requirements Waste generated from construction and demolition activities can be a for dealing with waste significant issue. The provisions provide the ability for Councils to make generated by construction a control to require the preparation of a waste management plan (for and demolition activities. approval by Council) for building work over a certain specified dollar value (as set by Council).

The focus is on high value builds that generate a lot of waste. Providing the ability for Councils to set a control to require the preparation of a waste management plan for high value builds aims to reduce waste by encouraging the consideration of waste issues early in the building/construction process. It also supports the Plan’s objectives for construction and demolition waste.

It will help improve local and regional data on the management of construction and demolition waste, encourage reuse and recycling, and help ensure residual materials are taken to an appropriate disposal or recovery facility. Better data will also support increased understanding of construction and demolition waste issues and will inform and support the development of appropriate tools to help manage the issues.

A supporting control is being proposed that will require a construction and demolition waste management plan for large building projects with an estimated value of $2 million or greater. Management of unaddressed mail and advertising material

Current Bylaw: Proposed Bylaw: There are no requirements Unaddressed mail and advertising material can generate significant for dealing with waste, amounts of waste and can create litter issues. The proposed provisions litter and nuisance issues support and enable the Councils to regulate and take action on waste generated by unaddressed and litter issues that are caused by unaddressed mail and advertising mail and advertising material. material.

Proposed Bylaw Controls

To support the implementation of the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021, the Councils have developed controls under the Bylaw. The proposed controls to be made by Council resolution following Bylaw adoption are available alongside this proposal.

In summary the proposed controls:  Restrict the storage of waste in public places  Set out the requirements for the placement and retrieval of waste receptacles (containers)  Set out requirements for the separation of waste types  Specify information about collection points  Restrict the deposit of specific waste material including prohibited waste  Specify requirements for the preparation of construction site and demolition waste management plans for large value building projects.

5

138

Proposed Solid Waste Management and Minimisation Bylaw 2021: the detail

The table below outlines the detail of each section within the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021.

PART A: INTRODUCTION Clause Description Purpose/Rationale

1 Title and Specifies the title of the Bylaw and the districts to which it applies. Application 2 Commencement Specifies the date the Bylaw is adopted by CDC, MDC, and SWDC and when it comes into effect. Also lists some exceptions to allow for the delayed start of some Bylaw provisions (e.g. licencing and event waste management plans) to give Councils time to put in place appropriate implementation resourcing, mechanisms and systems.

3 Revocation Confirms the existing Bylaw that the proposed Bylaw it will replace.

4 Purpose Explains why the Bylaw has been adopted, the context for the Bylaw, its intention and the key outcomes it seeks to achieve. Also identifies the relevant legislation.

5 Compliance with Provides clarity and specifies that no person can act in a way that is not in Bylaw accordance with the Bylaw, and that compliance with the Bylaw doesn’t remove the need to comply with any other applicable legislation, regulation, Council bylaws or rules of law.

6 Interpretation Supports the interpretation and implementation of the Bylaw. Defines key terms used in the Bylaw. Where possible, defined terms from existing relevant legislation, Council plans or national strategies and guidelines have been used.

7 Controls Enables the Councils to make/amend/revoke specific controls to support the implementation of the Bylaw. Controls can be used to prohibit, restrict or control any matter related to waste deposit, collection, transportation, storage or disposal from any property or premises. Controls must be made by a resolution of Council that is made publicly available. The clause provides assurance to any person as to the process that will be undertaken to make controls. Confirms that Councils are complying with their respective significance and engagement policies.

6

139

PART B: DEPOSIT, COLLECTION, TRANSPORTATION, STORAGE, PROCESSING AND DISPOSAL OF WASTE

Clause Description Purpose/Rationale

8 General Outlines the general responsibilities of all people and agencies for solid Responsibilities waste management and minimisation under the Bylaw. Includes households, occupiers, and the owners and managers of any premises. Provides clarity as to what the expectations are in terms of waste disposal, storage, transportation and collection and who is responsible for what.

9 Waste Collections Sets out basic requirements for waste collections from any public place. from a Public Place Explains what waste is acceptable for collection and what types of waste must not be placed in a public place for collection. Also enables Councils to ensure waste collection receptacles provided for waste collections (approved containers, bins, bags etc) are appropriate, fit for purpose, and are labelled clearly and appropriately.

10 Approved Provided for clarity and ensures Councils can set controls in relation to Collection Points approved collection points for the collection of waste (for example, in rural areas or any areas not served by kerbside services).

11 Licensing of Waste Requires waste collectors and waste operators to obtain an approval Collectors and (licence) from Councils. Provides the ability for Councils to take action if a Waste Operators licensed waste collector or operator is not fulfilling their requirements under the Bylaw. Proposed 1 year commencement delay (clause 2) to allow CDC, MDC and SWDC to work with the other Wellington councils to establish an appropriate licence system and resourcing.

12 Events Requires the preparation of an event waste minimisation plan (for approval by the relevant District Council) for public events of a significant scale (an expected attendance of 1,000 or more people over its duration) that will generate waste (exceptions apply). The intent is to encourage better planning and management and minimisation of waste and to ensure adequate provision is made for waste management facilities and services for events. The proposed 1 year delay in the commencement of these provisions under the Bylaw (refer clause 2) allows CDC, MDC and SWDC to work in partnership with the other Wellington councils to establish appropriate guidance and resourcing to support waste plan development and the collection and analysis of the data provided.

13 Construction Site Provides the ability for Councils to make a control to require the and Demolition preparation of a waste management plan (for approval by Council) for Waste building work over a certain specified dollar value (as set by Council). The Management Plans focus is on high value builds that generate a lot of waste. A control is proposed to be made by Councils under the proposed Bylaw to require the preparation of construction and demolition waste management plans for building projects with an estimated value of $2 million or greater.

14 Inorganic Waste This clause can be used by Councils (if and as may be needed) to ensure that any potential inorganic collection service can be regulated and managed appropriately and issues like scavenging can be prevented.

7

140

15 Nuisance and Supports the Councils to take action on issues such as responsibility for Litter waste or diverted material accumulations, use of approved receptacles, the burying of waste, waste disposal or scavenging, to ensure that they do not become offensive, a public nuisance, or likely to be injurious to health.

16 Unaddressed Mail This clause supports and enables Councils to regulate and take action on and Advertising waste and litter issues that are caused by unaddressed mail and Material advertising material. 17 Donation There can be a number of waste-related issues associated with donation Collection Points collection points on public places such as illegal dumping, littering and scavenging. This clause gives Councils the ability to manage and prevent any such issues.

PART C: OTHER MATTERS Clause Description Purpose/Rationale

18 General Offences This clause sets out the enforcement action available to Councils for and Penalties breaches of the Bylaw and any controls made under it. In some cases enforcement is easier and more effective through other mechanisms such as the Litter Act; but in other cases specific provision needs to be made through this Bylaw.

19 Other Provides for additional enforcement action to be taken by Councils under Enforcement the Bylaw where the specific provisions of a sub-section enable other Powers actions, besides prosecution, to be taken. For example, the withdrawal or suspension of waste collection services for non-compliance with the Bylaw requirements, or the issue of a written warning or suspension of a waste collection licence for non-compliance with the licence terms and conditions.

20 Exceptions and Provided for clarity. Saving Provisions 21 Fees Provided for clarity. The Councils may in accordance with the provisions of section 150 of the LGA 2002 set prescribed fees under this Bylaw, and may refund, remit or waive any fee as it sees fit.

22 Forms and Provided for clarity. Processes

The proposed Solid Waste Management and Minimisation Bylaw 2021 is available as a separate document alongside this Statement of Proposal.

8

141

ASSESSMENT AGAINST LEGAL REQUIREMENTS

Legislative requirements

Under section 56 of the Waste Minimisation Act 2008, a territorial authority may make bylaws for the following purposes: a) prohibiting or regulating the deposit of waste; b) regulating the collection and transportation of waste; c) regulating the manner of disposal of dead animals, including their short-term storage pending disposal; d) prescribing charges to be paid for use of waste management and minimisation facilities provided, owned, or operated by the territorial authority; e) prohibiting, restricting, or controlling access to waste management and minimisation facilities provided, owned, or operated by the territorial authority; f) prohibiting the removal of waste intended for recycling from receptacles provided by the territorial authority by anyone other than — ‐ the occupier of the property from which the waste in the receptacle has come; or ‐ a person authorised by the territorial authority to remove the waste.

Bylaws made for the purposes of regulating the collection and transportation of waste may also provide for the licensing of persons who carry out the collection and transportation of waste.

The Council may also make bylaws under sections 145 and 146 of the LGA, for the purposes of: a) protecting the public from nuisance; b) protecting, promoting, and maintaining public health and safety; c) minimising the potential for offensive behaviour in public places; d) regulating waste management; and e) regulating solid waste.

This Bylaw is further made pursuant to section 64 of the Heath Act 1956, and section 12 of the Litter Act 1979.

In accordance with section 155 of the LGA, before making a bylaw, the Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem. If so, the Council must determine whether the proposed bylaw is the most appropriate form of bylaw, and whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”).

Most appropriate way to address the problems/issues

The discussion above outlines the range of waste management issues relevant to the Wairarapa Region and the options considered to address these issues.

In summary, voluntary compliance and education cannot be relied on to fully address the issues. Educational measures may not reach everyone and may not provide an effective deterrent where there are issues. Where activities have the potential to adversely affect the general public, it is necessary for the Council to have a greater ability to enforce its policies and rules.

While non-regulatory guidance (e.g. community education, guidelines and information provision) and appropriate operational practices can help address a range of waste management issues, bylaw regulation is necessary as a means to establish a range of baseline waste management and minimisation standards for waste service users and service providers.

9

142

Together, regulatory standards, non-regulatory actions and operational practice will support the delivery of effective and efficient waste management and minimisation across the Wairarapa Region.

While some of the provisions in the Bylaw have the potential to be covered by common law remedies, such as public nuisance or negligence offences, it is preferable for the Councils to retain provisions in the Bylaw for these matters.

Most appropriate form of bylaw

The proposed Bylaw effectively and efficiently addresses the identified issues by addressing a number of unwanted consequences resulting from the management and minimisation of waste. The proposed Bylaw also provides flexibility and allows for changing circumstances to be recognised by enabling Councils to be able to take action on matters if required.

Proposed controls to support the implementation of the Bylaw are separate from the proposed Bylaw but are provided as part of this proposal to provide transparency. Controls (rules) to support the implementation of the proposed Bylaw can be made by Council resolution following Bylaw adoption. This separation allows the controls to be amended as appropriate rather than requiring a full review of the Bylaw. This gives Councils the necessary flexibility to recognise that changes may be needed to procedures or other associated implementation matters over time.

The proposed Bylaw clearly states the Council’s position by stating whether an activity is permitted or prohibited. The proposed Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required. It also sets out some considerations that will be taken into account in granting consents.

The proposed Bylaw is consistent with the goals, aims and actions of the Plan. It also provides consistency with Council’s existing policies and practices and reflects community goals identified by the Councils.

New Zealand bill of rights assessment

Before making a bylaw, section 155 of the LGA requires the Council to determine whether the bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). No bylaw may be made which is inconsistent with the Bill of Rights Act.

Section 5 of the Bill of Rights Act provides for justified limitations on rights, specifically that the rights and freedoms contained in the Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

The only rights or freedoms under the Bill of Rights Act potentially engaged by the proposed Bylaw are likely to be the rights to freedom of movement and freedom of expression. Limitations on these rights must be no more than is reasonably necessary to achieve the purpose of the Bylaw.

The proposed Bylaw limits these rights only to the extent that they create a danger to health and safety or a nuisance to others or the public generally, or create the potential for environmental harm. In addition, while the Bylaw will require waste collectors and operators to be licensed and comply with minimum standards, it does not limit public access to these services. The Bylaw only controls the methods used to carry out these services in order to meet waste management goals.

The proposed Bylaw does not raise any implications under and is not inconsistent with the Bill of Rights Act, because any limitations of the rights in question are justified in accordance with the Act.

10

143

HAVE YOUR SAY

The three Wairarapa District Councils invite your views on the proposed new Solid Waste and Minimisation Bylaw. Submissions close at 4pm on Monday, 30 November 2020.

Submissions

Submissions can be made by completing the online submission form, completing a hardcopy submission form, sending us an email or by writing a letter. Please consider using the online submission form and email methods first as we achieve better efficiency.

Please note that Masterton District Council is managing submissions on behalf of Carterton District Council and South Wairarapa District Council.

Submit Online: www.mstn.govt.nz/current-consultations

Email to: [email protected]

Post to: Masterton District Council Attn: Barbara Wilson Freepost 112477 PO Box 444 Masterton 5840

Deliver to: Masterton District Council 161 Queen Street, Masterton Attn: Barbara Wilson

Carterton District Council Holloway Street, Carterton Attn: Casey Spencer

South Wairarapa District Council 19 Kitchener Street, Martinborough Attn: Karen Yates

Hearing

Masterton, Carterton and South Wairarapa District Councils will hold a joint hearing to provide any person or organisations who makes a submission the opportunity to be heard.

Date: Wednesday, 16 December 2020 Time: 5pm Location: Carterton Courthouse (next to Carterton Events Centre), 60 Holloway Street, Carterton

Please indicate in your submission if you wish to speak at the hearing. We will contact you after submissions close to arrange a time.

11

144

Want more information?

You can get more copies of the Statement of Proposal, submission form, proposed Bylaw and Bylaw controls online via any of the three Wairarapa District Council websites. Alternatively, you can contact any of the three Wairarapa District Councils for hardcopies.

Next Steps

KEY DATES ACTIVITY Friday, 30 October 2020 Submissions open Monday, 30 November 2020 Submissions close Wednesday, 16 December 2020 Joint Hearing (submitters can speak directly to Councillors) Wednesday, 20 January 2021 Joint Deliberations Meeting (Councillors consider submissions and advice) February 2021 The Councils decide whether to adopt the proposed Bylaw February 2021 If adopted, the new Bylaw comes into effect

12

145

APPENDIX 1: CURRENT WASTE ISSUES AND OPTIONS

The following waste issues and options were identified as part of the bylaw review process: 1. Ensuring efficient and effective waste management 2. Managing dangerous, hazardous and/or infectious waste 3. Managing waste storage, disposal and collection activities to minimise public nuisance issues and adverse impacts on urban amenity 4. Reducing kerbside waste 5. Littering, waste and public nuisance caused by unaddressed mail and advertising material 6. Limited, incomplete and inconsistent data 7. Reducing construction and demolition (C&D) waste 8. Event waste management and minimisation.

These are discussed in the following sections:

1. Ensuring efficient and effective waste management

Both waste service user and provider actions have the potential to impact the efficiency and effectiveness of waste management. These include:  the use and placement of kerbside containers for waste disposal and collection  the types of waste and diverted material placed in kerbside collection containers  levels of recycling contamination  littering and the inappropriate deposit/discarding of waste  the effectiveness and reliability of service provision  the appropriate disposal of waste materials at Landfill.

Opportunities exist to better support and safeguard the efficiency and effectiveness of waste and recycling servicing operations within each of our Districts. This could be achieved through revising and updating the standards relevant to the deposit of material for kerbside waste collection and recycling.

Education strategies and programmes are an option available to our Councils to manage efficiency and effectiveness issues. Community education promoting the correct use of kerbside collection systems are essential for ensuring a collection service is effective and efficient.

However, despite education being an effective tool for promoting understanding and behaviour change, it does not provide a satisfactory solution for a small percentage of people who knowingly breach collection rules. Furthermore, education and advice will not, alone, be sufficient in managing commercial waste collectors who will largely be driven by cost considerations.

Bylaw controls therefore remain an essential regulatory mechanism for the maintenance and potential enhancement of efficient and effective waste management operations within the district.

13

146

2. Managing dangerous, hazardous and/or infectious waste

Regulating the disposal of dangerous, hazardous and infectious materials remains necessary and Bylaw provisions must ensure that risks such materials pose to human health, environmental wellbeing, and waste service provider safety are minimised and where possible avoided. As such, the use of a non-regulatory approach to controlling the disposal of hazardous waste is considered insufficient.

In order to be effective, Bylaw provisions (and any associated controls) need to be supported by community education encouraging best practice behaviour, and the availability of relevant services, such as a drop off point for certain hazardous waste materials and products.

In line with guiding legislation, specifically section 145(b) LGA 2002, and sections 23(e) and s64(1)(a) of the Health Act 1956, a Bylaw remains the most appropriate regulatory tool for controlling the deposition of dangerous, hazardous and infectious substances within the waste stream.

3. Managing waste storage, disposal and collection activities to minimise public nuisance issues and adverse impacts on urban amenity

Waste and recycling collection activities have the potential to reduce the level of amenity enjoyed within the urban environment and to create public nuisance issues. This can include:  the placement of wheelie bins in a manner that impedes footpath access  noise disturbance associated with collection activities  the recurrent practice of the mass deposit or piling of rubbish and recycling on the kerbside and outside of multi-unit dwellings  inappropriate waste disposal in public places and on private property.

The existing Bylaw requires updating to ensure it can better address the issues associated with the increasing use of wheelie bins, the illegal disposal of waste, and the mass piling of rubbish and recycling on the kerbside and outside of multi-unit dwellings.

While community education may be effective in promoting behaviour change for kerbside service users, it is important to set clear minimum operational standards to work towards. Also, when attempting to address issues such as the inappropriate placement of wheelie bins and the mass piling of waste, the effectiveness of community education is likely to be limited where practices will result in a cost saving or time saving by a service user or service provider.

For this reason the use of community education is best supported by Bylaw provisions that provide minimum regulatory standards that service users and providers should meet. A Bylaw is the primary regulatory tool available to the Council to effectively address these waste-related public nuisance and amenity issues.

4. Reducing kerbside waste

The use of non-regulatory action and the provision of kerbside recycling are important and necessary for waste minimisation behaviour change within the community. While community education has the potential to decrease waste generation and increase the diversion of waste from landfill to reuse or recycling, the effectiveness of waste minimisation services could also be increased through appropriate Bylaw provisions and controls.

Potential opportunities to reduce kerbside waste within the proposed Bylaw are connected to:  Providing the ability to establish controls requiring waste separation, for example requiring recyclables to be clean.

14

147

 Providing the ability to establish a maximum size limit for residential waste containers. It would be useful to have this option available if such an approach is considered appropriate in the future.  Licensing operators to ensure the appropriate collection, storage and processing of waste and recycling material.

5. Littering, waste and public nuisance caused by unaddressed mail and advertising material

Advertising material is currently being deposited in mailboxes and on car windscreens. Inappropriate disposal or depositing of unaddressed mail in already full mailboxes can result in public nuisance issues for residents, increased waste to landfill, and litter in public places. It is currently estimated that 30kg of advertising circulars are delivered to each New Zealand home every year.

Furthermore, when waste is deposited in a public place (e.g. advertising flyers placed on car windscreens), the resulting litter and waste often becomes the liability of the Council for removal and disposal. Council has no ability to recover the costs of the removal and disposal of this waste.

Council has three options available to address this issue: reliance on voluntary codes of practice, community education/promotional strategies, and bylaw regulation.

The voluntary Marketing Association Code of Practice for the distribution on unaddressed mail currently already exists. This voluntary standard advocates for the honouring of household “No Junk Mail” requests by advertisers, and is a standard that is, in principle, widely accepted by the marketing industry and endorsed by the Marketing Association and the New Retailers Association.

However, notwithstanding the existence of this standard, waste and litter issues associated with unaddressed mail continue to remain an issue for many residents.

In response to this issue, a number of residents choose to use letterbox stickers to specify the rejection of unaddressed mail. Nevertheless, despite the availability and use of these stickers, numerous retailers and service providers (including real estate agents) continue to deliver unaddressed mail. This situation suggests that on its own, a voluntary approach is limited in its ability to address this issue.

The main advantage of regulating unaddressed mail through the proposed Bylaw is that it has universal application and will apply to all advertisers. A Bylaw response clarifying the acceptable and unacceptable deposit of unaddressed mail is considered appropriate for better managing this issue.

6. Limited, incomplete and inconsistent waste data

The limited and inconsistent nature of the regional waste and recycling sector currently constrains the Council’s understanding of waste issues. The establishment of waste collector and operator licensing has the potential to address this issue. Licensing of private servicing providers will be most effective when co- ordinated at the regional level and when developed to give effect to the National Waste Data Framework.

From a provider perspective, a regionally co-ordinated waste operator licensing regime would likely be beneficial as it would reduce the burden of data provision for operators working across district/city boundaries within the Wellington region.

Section 56(3)(b) of the WMA enables territorial authorities to require the provision of waste data from operators through operator licensing. Licensing may also stipulate licensing conditions that require the following:  a performance bond or security, or both, for the performance of the work licensed, and  reports setting out the quantity, composition, and destination of waste collected and transported by the licensee (for example, household waste to a disposal facility).

15

148

Engagement with waste industry stakeholders in the Wellington Region in 2018 has confirmed that requesting the voluntary provision of waste data would not secure the provision of data for the Council. This is due to the commercial sensitivity of the data. In one instance, a waste company reported that it was their corporate policy to only release commercial waste data if required by regulation. Accordingly, a number of territorial authorities in New Zealand have already established licensing via bylaw provisions in order to secure the provision of waste data.

As such, a bylaw is considered the only mechanism available to the Council to effectively address this issue. It is noted that appropriate data confidentiality protocols will need to be applied to safeguard the commercial viability of the waste operators supplying the data.

7. Reducing construction and demolition waste

Construction and demolition activity can generate substantial quantities of waste material, much of which is potentially recoverable, such as brick and concrete, timber, plasterboard and metal.

In late 2018, councils from around the Wellington Region cooperated and jointly commissioned a report from Tonkin & Taylor Ltd to analyse the waste minimisation issues and challenges associated with construction and demolition waste, and to identify the range of options available to the councils in response to these issues.

The key issues include, but are not limited to, constrained capacity to process and recover construction and demolition waste, the availability of low cost disposal for construction and demolition waste close to where many major projects are occurring, and a lack of incentives that would encourage or promote construction and demolition waste minimisation.

While some of the identified options are not within the scope of Council’s role (e.g. increasing the waste levy to incentivise diversion of construction and demolition waste), some options exist for the Council to advance construction and demolition waste minimisation. Such initiatives could include investing in construction and demolition waste processing activities to stimulate the recovery market, and incorporating construction and demolition waste minimisation into Council procurement considerations.

Alternatively, the Council could continue to rely on voluntary waste minimisation practices and sustainability certifications (e.g. the GreenStar building rating system) to promote construction and demolition waste minimisation. This option reflects the current situation. However, despite being useful to reduce construction and demolition waste on discrete projects, it is limited in its capacity to promote or bring about significant reductions in the amount of construction and demolition waste generated in the Wairarapa or across the wider Wellington Region.

The establishment of Bylaw provisions that require the consideration of construction and demolition waste minimisation associated with large / high value building projects exists as a starting point for construction and demolition waste minimisation. Bylaw provisions have the potential to require the consideration of construction and demolition waste minimisation design, planning, materials recovery and reuse.

It is important to recognise that the establishment of such Bylaw provisions will not significantly reduce the amount of construction and demolition waste produced within the region in the absence of changes occurring in the Wellington Region waste market. Currently within the Wellington Region, the disposal of construction and demolition waste to Class 2-4 landfills is relatively cheap in comparison to disposal to Class 1 municipal landfill waste. For this reason, construction and demolition waste diversion would be incentivised and become more commercially viable if the cost of construction and demolition waste disposal was to increase.

The Ministry for the Environment recently consulted on a potential increase, and an expansion of the scope, of the waste disposal levy. This has the potential to increase the price of a construction and demolition

16

149

waste disposal in the Wellington Region. Should this national-level intervention occur and the cost of construction and demolition waste disposal increase, it would act as an incentive for industry to divert and recycle construction and demolition waste. If this was to happen, the existence of Council required construction and demolition waste minimisation plans would become a valuable tool for identifying the potentially divertible and recyclable waste material streams. Such plans would also contribute to the success of any construction and demolition waste diversion facilities established within the region.

Bylaw provisions that require construction and demolition waste management and minimisation planning on large construction and demolition projects consequently could hold a key role in promoting construction and demolition waste minimisation in the Wellington region.

8. Event waste management and minimisation

Large public events, such as outdoor festivals, parades and concerts have the potential to generate a significant amount of waste. However, as the amount of waste being generated at events typically remains unreported, the total volume of event waste generated within the Wairarapa and across the Wellington Region remains unknown.

Currently the Councils encourage event organisers to consider waste minimisation, and promotes this through the provision of advice and regionally consistent guidance. Where event organisers voluntarily choose to run waste free events, or promote recycling and organics diversion at events, it has the dual benefit of normalising and promoting waste minimisation behaviour change within the community, and reducing the amount of waste sent to landfill.

As event organisers may be able to save time and money by ignoring event waste reduction guidelines and techniques, and by sending all their accumulated event waste to landfill, voluntary approaches to event waste minimisation are consequently limited in their capacity to reduce waste.

In response to this issue, a number of local authorities around New Zealand have established bylaw provisions to regulate the encouragement of waste minimisation at events. For example, some bylaws have the ability to require the lodgement of an Event Waste Minimisation Plan prior to the commencement on an event over a certain size (e.g. over 1,000 event attendees). Such plans require better planning and management of waste generated by events and can reduce the amount of waste produced at events by requiring event managers to specify the steps to be taken to minimise waste and maximise diversion. They can also require event managers to provide waste information to the Council following the event to help improve Council’s waste data and understanding.

Due to the limited effectiveness of non-regulatory event waste management approaches, and the absence of alternate regulatory approaches, a bylaw response is considered the most appropriate means to address these event waste-related issues. The use of bylaw provisions would establish basic waste-related planning considerations for large events.

17

150

PROPOSED WAIRARAPA SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2021

SUBMISSION FORM

We want to hear your views on the proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021. You can do this by:

 Completing this submission form in hardcopy or online www.mstn.govt.nz/current- consultations  Email your thoughts to us at [email protected]  Post your submission to Masterton District Council, Attn: Barbara Wilson, Freepost 112477, PO Box 444, Masterton 5840  Hand deliver to the offices of either the Carterton, Masterton or South Wairarapa District Councils.

Please note that Masterton District Council is managing submissions on behalf of Carterton District Council and South Wairarapa District Council.

PLEASE PROVIDE YOUR FEEDBACK BY 4PM ON MONDAY, 20 NOVEMBER 2020

Privacy statement – what we do with your personal information All submissions (including names but not contact details) are provided in their entirety to elected members, and will be made available to the public at our office and on our website. Your personal information will also be used for the administration of the consultation process, including informing you of the outcome of the consultation. All information collected will be held by Masterton District Council. Submitters have the right to access and correct their personal information.

YOUR CONTACT DETAILS

First name Last name

Organisation (if applicable)

Physical address

Postal address (if differs

from above)

Contact phone number

Email

1

151

You are making this submission:

as an individual on behalf of an organisation

If an organisation, please state the name of the organisation:

You are making this submission:

as a ratepayer/resident of Carterton District Council

as a ratepayer/resident of Masterton District Council

as a ratepayer/resident of South Wairarapa District Council

If none of these, please state reason:

PRESENTING YOUR SUBMISSION IN PERSON Would you like to come and talk to the Council about your submission (A hearing is scheduled for Wednesday, 16 December 2020)?

Yes No

If yes, please provide a phone number so we can get in touch:

HAVE YOU MADE A SUBMISSION TO COUNCIL BEFORE? Have you made a submission to any of the three Wairarapa District Councils before?

Yes No

If yes, which council:

ABOUT YOU Answering the following questions helps us understand which sectors of our community are providing the three Wairarapa District Council’s with feedback. This information will not be made public with your submission. Only collated data will be reported to Council.

Age (please circle) Under 20 20-35 36-50 51-65 65+

Māori NZ Pasifika Other (please state) Ethnicity (please circle) European Gender (please circle) Male Female Another gender (please specify):

2

152

YOUR THOUGHTS

1. Events The proposed Wairarapa Waste Management and Minimisation Bylaw 2021 seeks to ensure waste is effectively planned for and managed at large-scale events. To do this, the bylaw seeks to enable councils to request the following for large-scale events that attract more than 1,000 over its duration (regardless of whether it is single or multi-day:  an event waste minimisation plan to be developed at least 30 working days before the start of the event  a waste analysis report to be completed by event managers. An event is identified as any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised outdoor gathering, open-air market, parade, sporting event, festival, concert or celebration. The proposed Wairarapa Waste Management and Minimisation Bylaw 2021 sets out what needs to be covered in the event waste minimisation plan and waste analysis report. To what extent do you agree or disagree with the proposed event waste management and minimisation planning requirements for large events?

Strongly disagree Disagree Neutral Agree Strongly agree Don’t know

Comments

2. Construction and demolition waste The proposed Wairarapa Waste Management and Minimisation Bylaw 2021 and associated bylaw controls require all large construction projects (valued at $2 million+) to consider waste management and minimisation planning as part of their project planning and submit an associated construction site and demolition waste management plan to the council for approval.

The proposed Wairarapa Waste Management and Minimisation Bylaw 2021 sets out what needs to be covered in the construction site and demolition waste management plan. To what extent do you agree or disagree with the proposed requirement to consider waste management and minimisation planning for high value building projects?

Strongly disagree Disagree Neutral Agree Strongly agree Don’t know

Comments

3

153

3. Restricting unaddressed and advertising mail The proposed Wairarapa Waste Management and Minimisation Bylaw 2021 will formally restrict the deposit of unaddressed mail or advertising mail in letter boxes that are clearly marked with the words “no circulars”, “no junk mail” or “addressed mail only”. However, there are exceptions for public notices from the government, as well as for different types of information from community organisations and charities.

To what extent do you agree or disagree with this new restriction?

Strongly disagree Disagree Neutral Agree Strongly agree Don’t know

Comments

4. Waste operator licensing The proposed bylaw includes provision to establish a licensing system for waste operators. This would involve mandatory licensing for any person or entity that collects or transports more than 20 tonnes of waste per year within the Wairarapa region.

Licensing would not apply to individuals who collect or transport waste for personal reasons. The primary purpose of this proposed licensing system is for the council’s to collect relevant waste-related data from the private sector and to ensure private waste operators are operating in a manner that is consistent with the Council’s waste-related objectives.

To what extent do you agree or disagree with the establishment of waste operator and facility licensing?

Strongly disagree Disagree Neutral Agree Strongly agree Don’t know

Comments

4

154

5. Proposed Wairarapa Waste Management and Minimisation Bylaw 2021 (and associated bylaw controls) To what extent do you support or oppose the proposed Wairarapa Waste Management and Minimisation Bylaw 2021 (and associated controls)?

Strongly support Support Neutral Oppose Strongly oppose Don’t know

Comments

5

155 ATTACHMENT 2

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 156

Commencement

The Wairarapa Solid Waste Management and Minimisation Bylaw 2021 will come into force throughout the Carterton, Masterton and South Wairarapa districts on TBC.

Adoption

Council Bylaws Adoption Date Masterton District Council Consolidated Bylaws 2012: Parts One to 14 August 2013 Eighteen South Wairarapa District Council Consolidated Bylaws 2012: Parts One to 31 July 2013 Six, Parts 8 and 9, Parts Eleven to Sixteen Masterton District Council and Removed from the Consolidated Bylaw 26 June 2019 South Wairarapa District Council 2012. Reformatted and continued as the standalone Masterton and South Wairarapa District Council Solid Waste Bylaw

157

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Contents

A. INTRODUCTION...... 2 Foreword ...... 2 1. Title and application ...... 2 2. Commencement ...... 2 3. Revocation ...... 2 4. Purpose ...... 2 5. Compliance with Bylaw ...... 3 6. Interpretation ...... 3 7. Controls ...... 9 B. DEPOSIT, COLLECTION, TRANSPORTATION, STORAGE, PROCESSING AND DISPOSAL OF WASTE ...... 10 8. General responsibilities ...... 10 9. Waste collections from a public place ...... 11 10. Approved collection points ...... 12 11. Licensing of waste collectors and waste operators ...... 12 12. Events ...... 14 13. Construction site and demolition waste...... 14 14. Inorganic waste ...... 15 15. Nuisance and litter ...... 16 16. Unaddressed mail and advertising material ...... 16 17. Donation collection points ...... 17 C. OTHER MATTERS ...... 17 18. General offences and penalties ...... 17 19. Other enforcement powers ...... 17 20. Exceptions and saving provisions ...... 19 21. Fees ...... 19 22. Forms and processes ...... 19

Referenced Documents Reference is made in this document to the following New Zealand legislation:  Health Act 1956  Litter Act 1979  Local Government Act 2002  Waste Minimisation Act 2008

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 1 Date bylaw came into effect: TBC

158

A. INTRODUCTION

Foreword

The proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 draws on the New Zealand Standards 9201 series Solid Waste Bylaw. The NZS 9201 series are Model General Bylaws covering various matters under local authority jurisdiction. Local authorities are empowered under the Local Government Act 2002 to make bylaws. Reference should be made to the Health Act 1956, Local Government Act 2002, Litter Act 1979, Waste Minimisation Act 2008 and Wellington Region Waste Management and Minimisation Plan 2017‐2023. Reference should be made to the Wairarapa Consolidated Bylaw 2018: Part 1 Introductory for any definitions not included in this bylaw. 1. Title and application

1.1. The title of this Bylaw is the “Wairarapa Solid Waste Management and Minimisation Bylaw 2021”.

1.2. This Bylaw applies throughout the Wairarapa Region (Carterton, Masterton and South Wairarapa Districts).

1.3. The regulation and enforcement of this Bylaw will be undertaken individually by each Council for their respective District.

2. Commencement

2.1 This Bylaw comes into force on TBC except for the following exceptions which come into force on the date specified: a. The licensing provisions in clause 11 come into force one year after the commencement date of this bylaw; and b. The event waste minimisation plan provisions under clause 12 come into force one year after the commencement date of this bylaw. 3. Revocation

3.1 This Bylaw repeals and replaces the Masterton and South Wairarapa District Council Solid Waste Bylaw 2012 for the Masterton and South Wairarapa District Councils. 3.2 This is a new Bylaw and does not repeal or replace any existing solid waste bylaw for Carterton District Council. 4. Purpose

4.1. The purpose of this Bylaw is to support:

a. The promotion and delivery of effective and efficient waste management and minimisation throughout the Wairarapa Region (Carterton, Masterton and South Wairarapa Districts) as required under the Waste Minimisation Act 2008; b. The implementation of the Wellington Region Waste Management and Minimisation Plan 2017‐23; c. The purpose of the Waste Minimisation Act 2008 and the goals in the New Zealand Waste Strategy 2010, being to encourage waste minimisation and a decrease in waste disposal in

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 2 Date bylaw came into effect: TBC

159

order to protect the environment from harm; and provide environmental, social, economic, and cultural benefits; d. The regulation of waste collection, transport and disposal, including recycling, waste storage and management; e. Controls regarding the responsibilities of customers who use approved solid waste services, and the licensing of waste collectors and waste operators; f. The protection of the health and safety of waste collectors, waste operators and the public; and g. The management of litter and nuisance relating to waste in public places. 4.2. This Bylaw is made pursuant to section 56 of the Waste Minimisation Act 2008, sections 145 and 146 of the Local Government Act 2002, section 64 of the Health Act 1956, and section 12 of the Litter Act 1979.

5. Compliance with Bylaw

5.1 No person may deposit, collect, transport, sort, process, treat or dispose of waste other than in accordance with this Bylaw. 5.2 To avoid doubt, compliance with this Bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law. 6. Interpretation

6.1 For this Bylaw, unless the context otherwise requires, the following term definitions apply1:

Term: Means: Act (the Act) Waste Minimisation Act 2008 Advertising material Any message which: (a) Has printed content controlled directly or indirectly by the advertiser; and (b) Is expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of a person. Approved Authorised in writing by the Council. Approved collection point(s) Council approved places, facilities or receptacles where approved receptacles may be left for collection or waste may be deposited. Approved receptacle Any container, bag or other receptacle that has been approved by the relevant District Council for the collection of any type of waste or diverted material, with approval based on the following criteria: the prevention of nuisance, the provision for adequate security to prevent scavenging, the protection of the health and safety of waste collectors and the public, and the achievement of effective waste management and minimisation.

1 Where this Bylaw relies on a definition in legislation and that definition changes, the definition in this Bylaw changes accordingly.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 3 Date bylaw came into effect: TBC

160

Authorised officer Any officer of the relevant District Council or other person authorised by the relevant District Council to administer and enforce its bylaws, and any person appointed especially or generally by the relevant District Council to enforce the provisions of this Bylaw. Building work As defined in the Building Act 2004 and includes any work for, or in connection with, the construction, alteration, demolition, or removal of a building. It can include sitework and design work relating to the building work. Bylaw This Wairarapa Solid Waste Management and Minimisation Bylaw 2021. Cleanfill material Waste that meets all of the following requirements: (a) does not undergo any physical, chemical or biological transformation that, when deposited or with the effluxion of time, is likely to have adverse effects on the environment or human health; and (b) includes virgin excavated natural materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of: (i) combustible, putrescible, degradable or leachable components; (ii) hazardous waste, hazardous substances or materials (such as municipal solid waste) likely to create leachate by means of biological breakdown; (iii) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; (iv) materials such as medical and veterinary waste, asbestos, or radioactive substances that may present a risk to human health or the environment; (v) contaminated soil and other contaminated materials; (v) liquid waste; and (c) has less than two per cent by volume by load of tree or vegetable matter. Cleanfill Land used for the disposal of cleanfill material.

Commercial or industrial waste Waste (excluding trade waste) that results from a commercial or industrial enterprise and includes waste generated by the carrying on of any business, factory, manufacture, process, trade, market, or other activity or operation of a similar nature. Construction and demolition Waste generated from any building work (including renovation and waste repair); and includes but is not limited to concrete, plasterboard, insulation, nails, wood, brick, paper, cardboard, metals, roofing materials, wool/textiles, plastic or glass, as well as any waste originating from site preparation, such as dredging materials, tree stumps, asphalt and rubble. Council Refers to either the Carterton District Council, Masterton District Council or South Wairarapa District Council or any person delegated or authorised to act on its behalf. Deposit To cast, place, throw or drop any waste or diverted material.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 4 Date bylaw came into effect: TBC

161

Dispose or Disposal As defined in the Act.

Diverted material As defined in the Act. Donation collection point A place where approved types of waste may be deposited for the purposes of raising funds or the charitable reuse/recovery of the waste items. Estimated value As defined in the Building Act 2004. Event Any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised outdoor gathering, open‐air market, parade, sporting event, festival, concert or celebration. An event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi‐day event. For the purpose of this Bylaw ‘event’ excludes:  open‐aired events that are enclosed within a building or structure (e.g. an open‐aired stadium)  indoor performances, markets, displays, exhibitions or conferences  indoor private functions  indoor tasting and sampling activities  any regularly occurring recreational activities such as weekly sports events. Food waste Waste that is derived from any item of food and is organic in origin and free of contamination and includes fruit and vegetable scraps, meat, fish, bone and shell discards, and any other similar food scraps. Green waste Organic plant material from gardening or arboriculture activities including lawn clippings, weeds, plants and other soft vegetable matter, which by nature or condition and being free of any contaminants will degenerate into compost. Handled or Handles Includes removing, collecting, transporting, storing, sorting, treating, processing or disposing of waste.

Hazardous substance As defined in the Hazardous Substances and New Organisms Act 1996 and means, unless expressly provided otherwise by regulations, any substance— (a) with 1 or more of the following intrinsic properties: (i) explosiveness; (ii) flammability; (iii) a capacity to oxidise; (iv) corrosiveness; (v) toxicity (including chronic toxicity); (vi) ecotoxicity, with or without bioaccumulation; or (b) which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a).

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 5 Date bylaw came into effect: TBC

162

Hazardous waste Waste that: (a) contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organisms Act 1996; or (b) meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 2005 and NZ Standard 5433: 2007 – Transport of Dangerous Goods on Land; or (c) meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982. Hazardous waste does not include household waste, inorganic waste, construction and demolition waste, or commercial or industrial waste.

Home composting The activity of aerobically decaying household organic waste (green waste and/or food waste) and other compostable items originating from that property to create compost at home. To avoid doubt, includes worm farms and anaerobic digestors. Household waste Waste consisting of recyclable material, organic waste or residual waste originating from any residential household but does not include, commercial or industrial waste, prohibited waste, hazardous waste, trade waste, liquid waste, or construction and demolition waste. Inorganic waste Waste consisting of household equipment, furniture, appliances and material of a similar type that due to its nature or size cannot be collected as household waste in an approved receptacle, and that is specified by the relevant District Council as suitable for: (a) collection from a public place by the relevant District Council or an approved waste collector; or (b) collection from any premises by the relevant District Council or an approved waste collector; or (c) delivery to a resource recovery facility. Landfill As defined in the Technical Guidelines for Disposal to Land (Waste Management Institute of New Zealand)2 or by Government standards or regulation. Licence A licence, consent, permit or approval to do something under this Bylaw and includes any conditions to which the licence is subject. Litter Any rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, other residual waste or any other thing of a like nature that has been disposed of in a public place, other than in an approved receptacle or collection point for such disposal, or on private land without the consent of the occupier. For the avoidance of doubt this includes organic material, dog faeces in a container or bag, or disposable nappies. Litter receptacle A receptacle provided for the collection of litter. Manager A person who controls or manages any premises, activity or event, regardless of whether that person has a proprietary interest in those premises or that activity or event.

2 The guidelines can be accessed at http://www.wasteminz.org.nz/pubs/technical‐guidelines‐for‐disposal‐to‐land‐april‐2016/

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 6 Date bylaw came into effect: TBC

163

Nuisance As defined in section 29 of the Health Act 1956 and includes anything offensive or injurious to the health of the community or any member of it. Occupier In relation to any property or premises, means the inhabitant occupier of that property or premises and, in any case where any building, house, tenement, or premises is unoccupied includes the owner. Organic waste Food waste and/or green waste that is specified by the Council’s under clause 6 of this Bylaw as organic waste. Owner In relation to any property or premises, means the person or persons entitled to receive the rack rent of the property or premises, or who would be so entitled if the property or premises were let to a tenant at a rack rent, and where such a person is absent from New Zealand, includes their attorney or agent. Person An individual, a corporation sole, a body corporate, and an unincorporated body. Premises Any separately occupied land, dwelling, building, or part of the same. Prohibited waste Waste containing ‐ (a) any material capable of causing injury to any person or animal unless the material is sufficiently contained to prevent injury; (b) any material capable of causing damage to the approved receptacle or likely to shatter and cause injury in the course of collection unless the material is sufficiently contained to prevent damage to the approved receptacle or to prevent injury; (c) any material that may endanger any person, animal or vehicle which may come in to contact with it prior to, during or following collection, transportation, storage, sorting or disposal; (d) any radioactive wastes, but excluding domestic smoke detectors; (e) any used oil and lead‐acid batteries; (f) any hazardous waste; (g) medical waste including wastes generated at health care facilities, such as hospitals, physicians’ offices, dental practices, blood banks, pharmacies/chemists, and veterinary hospitals/clinics, as well as medical research facilities and laboratories; (h) any asbestos containing material; and (i) any other material identified by the Council’s as posing an unacceptable risk of nuisance to the public, or to public health and safety, and subject to a control made under clause 7 of this Bylaw. Public place (a) A place that is under the control of a Council or a Council‐ controlled organisation that, at any material time, is open to or is being used by the public, whether free or on payment of a charge; and (b) To avoid doubt this includes any park, reserve, recreational ground, pool, community facility, sports field or facility, public open space, public garden, public square, cemetery, beach, foreshore, dune, wharf, breakwater, boat ramp, pontoon, road, street, lane, thoroughfare, footpath, access way, cycleway, bridleway, car park, grass verge, berm, and any part of the public place.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 7 Date bylaw came into effect: TBC

164

Recovery As defined in the Act. Recyclable material or The types of waste that are able to be recycled and that may be Recyclables specified by the relevant District Council from time to time under this Bylaw. Recycling As defined in the Act. Reuse As defined in the Act.

Rural areas Any areas zoned and/or defined in the Wairarapa Combined District Plan as rural.

Site For the purposes of this Bylaw, ‘site’ means an area of land that is the subject of an application for a building consent or an area of land where a specific development or activity is located or is proposed to be located. Specified intended life As defined in the Building Act 2004. Treatment As defined in the Act.

Unaddressed mail Any mail or material that does not display a full address and name of a person at that address. Waste As defined in the Act. Waste collector Any person or entity that collects and transports waste and includes commercial and non‐commercial collectors and transporters of waste (for example, community groups and not‐for‐profit organisations); but does not include individuals who collect and transport waste for personal reasons (for example, the owner taking their own household and garden waste to a waste management facility). Waste management facility A facility authorised by the relevant District Council which primarily provides waste treatment and disposal services or waste remediation and materials recovery services, in relation to solid waste. Includes but is not limited to waste transfer stations, resource recovery stations, recycling centres, composting facilities, landfills or clean fill sites, or hazardous waste facilities. Waste Management and A waste management and minimisation plan adopted by the Minimisation Plan or WMMP Council’s under section 43 of the Act. Waste operator Any person or entity that operates a waste management facility.

Waste remediation and The remediation and clean‐up of contaminated buildings and mine materials recovery services sites, mine reclamation activities, removal of hazardous material and abatement of asbestos, lead paint and other toxic material. This also includes recovery, sorting, and/or storage services in relation to waste. Waste treatment and disposal The treatment or disposal of waste (including hazardous waste), services including the operation of landfills, combustors, incinerators, composting, biodigesters and other treatment facilities (except sewage treatment facilities), and waste transfer stations.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 8 Date bylaw came into effect: TBC

165

7. Controls

7.1 The Council may make, amend or revoke controls for the safe and efficient operation of waste collections services from a public place to support the implementation of this Bylaw.

7.2 The controls made by Council under clause 7.1 may relate to the following matters: a. The type, size, capacity/volume, weight, number, colour and construction of approved receptacles that may be used for the disposal, storage and collection of waste and recyclable material; b. The types of household waste that may be treated for all purposes (including deposit, collection, transportation and disposal) as recyclable, organic waste, or other residual waste; c. The types and categories of waste that may be deposited in approved receptacles; d. The conditions applicable to any collection service from a public place, including the placement and retrieval of approved receptacles for collection, collection days and times, and restrictions on the number and weight of approved receptacles; e. Requirements to ensure the correct separation of wastes into approved receptacles, including content control messaging and symbology on an approved receptacle that specifies the permitted and prohibited content; f. Requirements applicable to waste minimisation; g. Maximum allowable limits of a specified waste type that may be deposited, collected or transported from a public place in an approved receptacle; h. Maximum allowable limits of a waste type that may be placed in a receptacle that is approved for another type of waste; i. Types of waste that are prohibited; j. The locations, access times and conditions of use of approved collection points; k. Requirements relating to the safe and secure transportation of waste; l. Requirements applicable to waste service users and/or to waste handling and collection if traffic or pedestrian safety have the potential to be adversely impacted by the deposit of material in a public place or by waste servicing operations; and m. Any other operational matter required for the safe and efficient operation of a waste collection service from a public place. 7.3 The Council must, before making, amending or revoking any control under clause 7.1, comply with the requirements under Subpart 1 of Part 6 of the Local Government Act 2002.

7.4 Any control made, amended or revoked under clause 7.1: a. Must be made by a resolution of Council that is made publicly available; and b. May: i. Regulate, control or prohibit any matter or thing either generally, for any specified classes of case, or in a particular case; ii. Apply to all waste or to any specified category or type of waste; iii. Apply to Carterton, Masterton, and South Wairarapa Districts or to a specified part of the Carterton, Masterton, and South Wairarapa District; and/or iv. Apply at all times or at any specified time or period of time.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 9 Date bylaw came into effect: TBC

166

B. DEPOSIT, COLLECTION, TRANSPORTATION, STORAGE, PROCESSING AND DISPOSAL OF WASTE

8. General responsibilities

8.1 The occupier and/or the manager of a premises must ensure that the household, commercial and/or industrial waste from the premises is separated into waste types as determined by the Council and is deposited for collection in the approved receptacle. No person may deposit in a receptacle any material that is not approved for that type of receptacle.

8.2 The occupier and/or the manager of any premises must ensure that: a. All waste receptacles are appropriately secured to deter scavenging and to prevent waste escaping; b. Any waste receptacle is regularly emptied when it is full; and c. The contents of any waste receptacle are protected from rain, dispersal by wind, or ingress or egress of flies, vermin and animals. 8.3 The occupier and/or the manager of any premises must ensure that: a. All approved receptacles are kept in a safe location, are hygienic, in good repair, and are without any modifications or alterations to their appearance; b. The contents of any approved receptacle do not seep or escape so as to be injurious or dangerous to health, cause an offensive smell or be a source of litter; c. Waste is deposited in the receptacle in a manner that allows the whole of the contents to fall out easily and cleanly when the receptacle is emptied; d. The receptacle is placed upright either at an approved collection point or for collection in a position off the carriageway, in front of the premises from which the waste originated and as close to the kerbside as possible; e. The receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved; and f. The receptacle is placed for the collection of waste and is retrieved in accordance with any applicable control specified by the Council under this Bylaw. 8.4 No person shall deposit waste in a manner where: a. The receptacle is damaged or otherwise likely to cause injury to the collector; b. In the opinion of the Council, or the waste collector or waste operator where applicable, the waste is in an unsanitary or in an offensive condition; c. The waste includes waste prohibited under this Bylaw; d. The container/receptacle is not an approved receptacle; e. The receptacle is in a condition that allows spillage of waste or is not of a sufficient size to contain the waste; f. The receptacle or the waste does not comply with the rules under this Bylaw in terms of type, size, volume, weight, numbers, colour, placement or any other detail; g. The number of approved receptacles placed out for collection is greater than the authorised number of receptacles for the property, unless approved by an authorised officer; or h. Any other reason which the Council, or the waste collector or operator, deems would cause a health and safety concern to the waste collection operation.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 10 Date bylaw came into effect: TBC

167

8.5 No person shall: a. Put waste into an approved receptacle allocated to any other person, without that other person’s consent; b. Remove waste from, or interfere with any waste deposited in, an approved receptacle, except the Council, a waste collector, or the person who deposited the waste; or c. Remove a receptacle provided to the premises to which it has been allocated, except with the prior written approval of the Council or the waste collector. 8.6 The occupier and/or the manager of any premises is responsible for any waste generated on that premises until it has been collected.

8.7 The occupier and/or the manager of any premises is responsible for any waste not collected because of non‐compliance with this Bylaw. Any waste or recyclables not collected shall be removed from the roadside by the occupier and returned to the occupier’s premises by noon on the day following collection or within such other time period as specified by a control made under this Bylaw.

8.8 To enable the occupier and/or the manager of a premises to be able to comply with clauses 8.1‐ 8.5, an authorised officer may approve placement of approved receptacles in a location other than directly outside that premises.

8.9 Where any breaches of the conditions in clauses 8.1‐8.5 occur, the waste collector shall not be obligated to collect the waste.

8.10 No waste shall be transported by vehicle through, over or upon any road or public place unless such waste is sufficiently and adequately covered to prevent any of the waste from falling or otherwise escaping on to any road or other public place.

8.11 Any waste or diverted material deposited in or on a public place or disposed of in a manner that is in breach of this Bylaw, and/or any controls made under clause 7 of the Bylaw, shall be deemed to be litter under the Litter Act 1979 and will be subject to enforcement action under that Act.

9. Waste collections from a public place

9.1 Waste must not be placed on or in a public place for collection unless it is: a. A type of waste specified and approved by the Council as able to be placed on or in a public place for collection; and b. Placed in an approved receptacle for collection by a waste collector. 9.2 Prohibited waste, diverted material, construction and demolition waste, or commercial or industrial waste must not be placed on or in a public place for collection unless authorised by the Council under this Bylaw or another Council Bylaw.

9.3 Any waste collector who collects or transports waste from a public place must: a. Make available to the occupier and/or manager of a premises the appropriate approved receptacles to enable separate collection of each of the waste types required to be separately collected from the premises; b. Clearly identify their name and contact details on all approved receptacles; c. Not collect any household waste which has not been separated into the waste types as required under this Bylaw and/or any controls made under clause 7 this Bylaw; and d. Following collection, ensure that any receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 11 Date bylaw came into effect: TBC

168

9.4 Any person providing or using a waste collection service in or from a public place must comply with all controls made under this Bylaw by the Council relating to that collection.

10. Approved collection points

10.1 No person may deposit waste at an approved collection point other than in accordance with any applicable Council control.

10.2 The Council may specify: a. Any place, or receptacle in a public place or on a barge in a marine area, as an approved collection point for the collection of household waste; and b. Controls relating to the deposit of waste at the collection point including the use of specified receptacles.

11. Licensing of waste collectors and waste operators

11.1 Any: a. Waste collector who handles more than 20 tonnes of waste in any one twelve‐month period in, around or out of either the Carterton District, Masterton District, or South Wairarapa District; b. Waste operator with a waste management facility in the either the Carterton District, Masterton District, or South Wairarapa District that handles more than 20 tonnes of waste in any one twelve‐month period; must have a current licence that has been issued by the Council and may not collect waste or operate a waste management facility (as the case may be) without such a licence. 11.2 An application for a licence must be made on the approved form available from the relevant District Council and must be accompanied by the application fee and the supporting information required by the Council to process the application.

11.3 The holder of an existing licence may apply to the relevant District Council for a renewal of that licence.

11.4 A licence is personal to the holder and is not transferable.

11.5 A licence may be granted or refused at the discretion of the relevant District Council, and if granted, may be on such terms and conditions as the Council considers fit. 11.6 When considering a licence application, the Council may take into account a range of factors including but not limited to the following: a. The nature of the activity for which a licence is sought; b. The extent to which the licensed activities will promote public health and safety, and support achievement of the Council’s WMMP, including the waste minimisation goals and initiatives within that plan; c. The extent to which the licensed activities will adopt best practice waste management and minimisation; d. The quantity and type of waste to be handled; e. The methods employed for the handling, disposing and recycling of the waste and the minimisation of litter, including (but not limited to): i. the identity of the waste management facility at which it is proposed that recycling, recovery, sorting, storage, treatment, or disposal will occur; and

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 12 Date bylaw came into effect: TBC

169

ii. adherence to health and safety standards and any other relevant industry standards; f. The frequency and location of the waste collection, removal, storage and transportation services; g. The applicant’s experience, reputation, and track record in the waste and diverted material industry, including any known past operational issues which may affect the applicant’s performance, and any breaches of previous licence conditions; and h. The terms and conditions under which any disposal of waste is permitted and the existence of, or need for, any statutory approvals, authorisations, or consents required to be held or complied with in respect of such disposal. 11.7 When considering an application for a licence, the Council may inspect the premises or locations related to the application in relation to the purposes for which the licence is sought.

11.8 A licensed waste collector or waste operator must comply with all terms and conditions of the licence. The terms and conditions may include, but are not limited to, the following matters: a. Term – a licence may be granted for a term of up to five years from the date of Council approval, or for a shorter duration if specified in the terms and conditions of the licence, and will be reviewed every year by the Council to ensure compliance with the terms and conditions of the licence; b. Licence fee – the licensee must pay an annual licence fee in the amount determined by the Council; c. Performance bond – the Council may require a licence holder to post a bank‐guaranteed bond or a security; d. Compliance – the licence holder must comply with any relevant controls, standards or policies the Council has set for waste handling such as (but not limited to): i. Provision of waste collection services within reasonable collection times and to meet any minimum collection frequencies specified by Council; ii. Provision of appropriate approved receptacles for waste collection which clearly identify the waste collector’s name and contact details; and iii. The collection of any litter within a specified distance of an approved receptacle awaiting collection and any litter spillage from the licence holder’s vehicle during the collection, transportation, storage or disposal process. e. Provision of information – the licence holder must provide data relating to all waste they have handled to the Council during the term of their licence, in the form and at the times determined by the Council (but not limited to): i. The quantities of various waste types that have been handled by the waste collector or waste operator during a specified period of time, including the source and destination of each waste type and the method of processing (recycling, recovery, treatment, disposal etc); and ii. Weighbridge receipts, gate records of waste tonnages per waste type as specified in the licence.

The minimum requirement will be an annual performance report due within one month of the completion of each year of the licence.

11.9 The Council may suspend or revoke a licence if the licence holder fails to comply with this Bylaw, any of the terms or conditions of the licence, any relevant controls made under this Bylaw, or acts in a manner which the Council considers, on reasonable grounds and in light of the purpose of this Bylaw, is not suitable for the holder of a licence.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 13 Date bylaw came into effect: TBC

170

11.10 Fees and charges for the issue of licences under this Bylaw are set out in Council’s Schedule of Fees and Charges and may be amended from time to time in accordance with section 150 of the Local Government Act 2002.

12. Events

12.1 At least 30 working days prior to the commencement of an event, the event manager must submit an event waste minimisation plan to the relevant District Council for approval.

12.2 The event waste minimisation plan must set out: a. An estimate of the types and amounts of waste to be generated by the event; b. How waste generated by the event is to be minimised; c. The steps that will be taken to avoid waste generation and to maximise the use of reusable systems, the collection and use of recyclables and other recoverable, and compostable materials, and an estimate of the diversion of waste; d. The equipment to be provided for any reusable system and the storage, collection and transportation of waste and diverted material; e. The proposed method for minimising and capturing litter associated with the event; f. The person responsible for the collection and disposal of waste and the methods to be used; g. The timing and frequency of the collection of waste, during or after the event; and h. Any other matters relating to event waste management and minimisation that may be specified by the Council. 12.3 The manager of an event must comply with the event waste minimisation plan approved by the relevant District Council for the event.

12.4 On completion of the event, and if requested by the Council, the event manager must provide the Council with a waste analysis report (if the event is for more than 1,000 people). At a minimum, this report will include a breakdown of:  The types of waste generated by the event;  The amounts of waste (by type) generated by the event;  The amount of waste diverted; and  The waste management facilities used to recover, recycle, treat or dispose of this waste.

13. Construction site and demolition waste

13.1 The Council may make a control under this Bylaw to require any person that is applying for a building consent for building work of a certain estimated value or higher to submit a construction site and demolition waste management plan to the Council for approval prior to the commencement of any building work.

13.2 At a minimum, a construction site and demolition waste management plan must set out: a. The name of the client, principal contractor, and person who prepared the waste management plan; b. The location of the site; c. The estimated total cost of the building work; d. A description of all types of waste expected to be produced; e. The proposed method of waste management for each type of waste (e.g. reuse, recovery, recycling, disposal); and

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 14 Date bylaw came into effect: TBC

171

f. The proposed method for minimising and capturing litter associated with the project and the building work. 13.3 A construction site and demolition waste management plan may also be required by Council to set out: a. An estimate of the quantity of each type of waste; and b. An estimate of the diversion of waste.

13.4 While the building work is being carried out, the principal contractor may be required by Council to: a. Review the construction site and demolition waste management plan as necessary; b. Record quantities and types of waste produced; and c. Record the types and quantities of waste that have been: v. Reused (on or off site); vi. Recycled (on or off site); vii. Sent to other forms of recovery (on or off site); viii. Sent to landfill; ix. Sent to cleanfill; or x. Otherwise disposed of. 13.5 Within three months of completion of the building work the Council may require the principal contractor to add to the construction site and demolition waste management plan: a. Confirmation that the plan has been monitored and updated; b. A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type; c. An explanation of any deviation from the plan; and d. An estimate of any cost savings that have been achieved by completing and implementing the plan. 13.6 Where a construction site and demolition waste management plan is required, the principal contractor must ensure that a copy of the construction site and demolition waste management plan is kept on site, and that every contractor knows where it can be found. It must be available to any contractor carrying out any work described in the plan.

14. Inorganic waste

14.1 The Council may specify controls for the following matters in relation to the collection of inorganic waste from a public place: a. The weight, size and nature of inorganic waste that may be deposited for collection; b. The categories of inorganic waste that may be deposited for collection; c. The times, locations and conditions applicable to the collection of inorganic waste from a public place; d. The collection methods that cause health and safety risks; e. Any other operational matters required for the safe and efficient collection of inorganic waste from a public place.

14.2 Any person who deposits inorganic waste for collection on, or collects and transports inorganic waste from, a public place must comply with any controls made by the Council under this Bylaw.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 15 Date bylaw came into effect: TBC

172

15. Nuisance and litter

15.1 No person may: a. Allow any accumulation of waste or diverted material on any premises they own, occupy or manage to become offensive, a nuisance or likely to be injurious to health; or b. Use an approved receptacle in a manner that creates a nuisance, is offensive or is likely to be injurious to health.

15.2 Except as provided for under this Bylaw, no person may: a. Bury or allow to be buried any waste on any property they own, occupy or manage except: i. Organic waste, including dead farm animals in rural areas; ii. Dead companion animals and nuisance pests; or iii. For the purposes of home composting; iv. Waste deposited in a farm refuse dump or an offal pit that is consented or complies with the permitted activity conditions of the Wellington Region Natural Resources Plan; b. Dispose of any waste on any premises except at – i. A waste management facility, or ii. Any premises they own, occupy or manage, for the purposes of home composting. 15.3 No person may: a. Deposit any waste arising from that person’s household or that person’s business activities in any litter receptacle provided by the Council in any public place; b. Remove any waste from any litter receptacle provided by the Council in any public place, where this results in any waste being deposited outside the litter receptacle, unless authorised by the Council to do so; c. Deposit or attempt to deposit litter in any litter receptacle provided by the Council in any public place if: i. The receptacle is full; or ii. The litter is likely to escape; d. Fix or attach any flag, banner, bunting, balloon, sign, poster, leaflet or similar thing to any litter receptacle provided by the Council in any public place; or e. Damage any litter receptacle provided by the Council in any public place.

15.4 The owner, occupier or manager of any premises on which any flag, banner, bunting, balloon, sign, poster, leaflet or similar device is displayed that is likely to become litter, must take all steps to the satisfaction of the Council to prevent it becoming litter and to clean it up in the event that it does become litter.

16. Unaddressed mail and advertising material

16.1 No person may deposit, cause, permit or authorise the deposit of any unaddressed mail or advertising material: a. In any letterbox which is clearly marked "no circulars", "no junk mail", "addressed mail only" or with words of similar effect, or around or near any such letterbox or associated vehicle accessway; b. On any vehicle parked in a public place; or c. In a letterbox that is already full of mail and/or advertising materials.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 16 Date bylaw came into effect: TBC

173

16.2 Clause 16.1(a) does not apply to: a. Material or public notices from any government department or agency, crown entity, local authority, or material from a network utility relating to the maintenance, repair, servicing or administration of that network utility; b. Communications or fundraising material from local community organisations, charities or charitable institutions; c. Material from a political party, political candidate or elected member; or d. A community newspaper or newsletter, unless the letterbox is clearly marked “no community newspapers” or with words of similar effect. 16.3 Any unaddressed mail or advertising mail deposited in a manner in breach of clauses 16.1 and 16.2 shall be deemed to be litter under the Litter Act 1979.

17. Donation collection points

17.1 Anyone intending to establish a donation collection point in or on a public place must notify the Council in advance and must operate the donation collection point in compliance with any requirements the Council specifies including but not limited to: a. Location; b. Vehicle access; c. Type of waste which may be deposited; and d. Use of approved receptacles. 17.2 All donation collection points must ensure: a. The removal of deposited material from the collection point; b. The clean‐up of any litter or illegal dumping; and c. The clean‐up or removal of any graffiti.

C. OTHER MATTERS

18. General offences and penalties

18.1 Any person who fails to comply with this Bylaw and the decisions and controls made under this Bylaw commits an offence under section 239 of the Local Government Act 2002 and is liable to a fine as specified in section 242(4) of the Local Government Act 2002.

18.2 A person who commits a breach of this Bylaw that is an offence under the Litter Act 1979, the Waste Minimisation Act 2008 or the Health Act 1956 is liable to a penalty (without limitation) under those Acts, as relevant.

19. Other enforcement powers

Non‐compliance with licence terms and conditions

19.1 Any control that is made or amended by Council under clause 7.1 shall be enforceable under this Bylaw.

19.2 Where a licence holder does not comply with the requirements of this Bylaw and/or the terms and conditions of a licence, the Council may take one or more of the following steps:

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 17 Date bylaw came into effect: TBC

174

a. Issue a written warning to the licence holder, which may be treated as evidence of a prior breach of a licence condition during any subsequent review of the licence; b. Review the licence, which may result in: i. amendment of the licence; or ii. suspension of the licence; or iii. withdrawal of the licence. c. Have recourse to any performance bond or security where the Council has incurred any cost as a result of the breach of the licence condition, including where the Council has itself performed or arranged for the performance of any licensed activity on the default of the licence holder; d. Review the amount and nature of the performance bond or security, which may result in: i. an increase of the amount of the performance bond or security; ii. a change to the nature of the security that has been provided. e. Enforce any offence that may have been committed under the Litter Act 1979; and f. Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

Non‐compliance with general responsibilities and waste collection requirements

19.3 Where a person does not comply with the requirements of this Bylaw and/or any controls made under the Bylaw in relation to the waste and diverted materials collection service that applies to them, the Council (or a licensed waste collector where applicable) may take the following action(s) against the person: a. Reject (i.e. not collect) the contents of any approved receptacle left out by that person for collection from a public place, if the contents or placement of the receptacle is non‐ compliant; b. Remove the contents of any approved receptacle left out for collection from a public place where the contents or placement of the receptacle is non‐compliant, subject to payment of the costs of removal, administrative costs and an additional penalty equivalent to the amount payable for the collection of the largest available size of approved receptacle from that premises; c. Withdraw or suspend the collection service being provided to that person; d. Enforce any offence that may have been committed under the Litter Act 1979; and/or e. Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

19.4 Where action has been taken against a person under clause 19.3(c), the Council can authorise the reinstatement of the collection service once it is satisfied on reasonable grounds that the Bylaw will be complied with.

Non‐compliance with approved collection point requirements

19.5 Where a person does not comply with a control made by the Council under clause 7 of this Bylaw the Council may: a. Suspend that person's use of any service provided by the Council at any or every waste collection service; b. Enforce any offence that may have been committed under the Litter Act 1979; or c. Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 18 Date bylaw came into effect: TBC

175

Non‐compliance with waste management plan requirements

19.6 Where a person does not comply with any of the requirements in clause 12 (Events) or clause 13 (Construction Site and Demolition Waste Management Plans) and/or any controls made under the Bylaw, the Council may take one or more of the following steps: a. Enforce any offence that may have been committed under the Litter Act 1979; and/or b. Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

Non‐compliance with inorganic material requirements

19.7 Where a person does not comply with a control made by the Council under clause 7 of this Bylaw, the Council (or a licensed waste collector or waste operator where applicable) may: a. Reject (i.e. not collect) the inorganic material, if the inorganic material or placement is non‐ compliant; b. Remove the inorganic material, where the inorganic material or placement is non‐ compliant, subject to payment of the costs of removal, administrative costs and an additional penalty specified by the council; c. Enforce any offence that may have been committed under the Litter Act 1979; and/or d. Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

Non‐compliance with unaddressed mail requirements

19.8 Where a person does not comply with any of the requirements in clause 16 of this Bylaw, the Council may use its enforcement powers under the Litter Act 1979.

20. Exceptions and saving provisions

20.1 A person is not in breach of this Bylaw if that person proves that the act or omission was in compliance with the directions of an Authorised Officer.

20.2 A product stewardship scheme accredited under the Act may be exempt from the requirements of this Bylaw.

21. Fees

21.1 The Council may in accordance with the provisions of section 150 of the Local Government Act 2002 set prescribed fees under this Bylaw.

21.2 The Council may refund, remit or waive any fee prescribed by this Bylaw or charge payable for an authority, approval, licence, permit or consent from, or inspection by, the Council, for any reason it thinks fit.

22. Forms and processes

22.1 The Council may prescribe the form of, and process to be followed for, any application, approval, licence, or other document, which is required under this Bylaw (or any related controls made by Council). These forms and processes may be altered or amended at any time.

Proposed Wairarapa Solid Waste Management and Minimisation Bylaw 2021 Page 19 Date bylaw came into effect: TBC

176 ATTACHMENT 3

PROPOSED WAIRARAPA SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW CONTROLS 2021

In accordance with clause 7.1 of the Wairarapa Solid Waste Management and Minimisation Bylaw 2021, the Carterton, Masterton and South Wairarapa District Councils resolve the following controls in relation to solid waste management, collection and disposal.

1. INTRODUCTION AND COMMENCEMENT

1.1. These are Carterton, Masterton and South Wairarapa District Council resolutions made pursuant to clause 7.1 of the Wairarapa Solid Waste Management and Minimisation Bylaw 2021 (“the Bylaw”) and should be read in conjunction with it.

1.2. These resolutions come into force on TBC.

2. CONTROLS

Storage of Waste

2.1. Waste, recycling or other diverted material must not be placed in or on a public place unless contained in an approved receptacle AND awaiting collection or specifically approved by the relevant District Council.

Placement and Retrieval of Waste Receptacles

2.2. Waste, recycling or other diverted material may only be placed in or on a public place for collection pursuant to the Bylaw or the controls made under the Bylaw unless otherwise approved by the relevant District Council.

2.3. Approved receptacles, and any uncollected waste, recycling or diverted material outside of an approved receptacle, intentionally or otherwise, remain the property and responsibility of the depositor and will be considered litter under the Litter Act 1979 if not removed from the public place and will be subject to enforcement action under that Act.

2.4. Any receptacle used for the disposal of waste, recycling or any other diverted material and placed in or on a public place for collection must be an approved receptacle.

Waste Separation

2.5. No waste, other than clean approved materials, shall be deposited at any resource recovery station or recycling centre.

1 177

Note: A list of approved recyclable materials and materials accepted at resource recovery stations and recycling centres will be made available to service users by the applicable service provider.

Collection Point(s)

2.6. The relevant District Council may: a. Specify the location of collection point(s), at which recyclable or reusable materials will be received from the public; b. Issue instructions for the use of collection points by members of the public.

2.7. No person shall leave or place household waste or trade waste at a recycling collection point(s).

Restrictions on Materials

2.8. No person shall deposit or cause or allow any of the following materials to be deposited in any approved receptacle placed for collection: a. Explosives, hot ashes, highly inflammable material or infectious material; b. Liquids, acids, printer’s ink, paint, or any other viscous fluid; c. Any trade waste, offal or dead animals; d. Any commercial or industrial waste except as allowed under clause 9.2 of the Bylaw; e. Any pesticides, herbicides, fungicides or other toxic compounds or any containers that have been used to hold such materials; or f. Any other prohibited waste as identified under the definition of “prohibited waste” in clause 6 of the Bylaw.

Construction Site and Demolition Waste Management Plans

2.9. In accordance with clause 13.1 of the Bylaw, the Carterton, Masterton and South Wairarapa District Councils will require any person who is applying for a building consent for building work with an estimated value of $2 million or higher to submit a construction site and demolition waste management plan to the relevant District Council for approval prior to the commencement of the building work. This clause will become effective one (1) year following the date on which the Wairarapa Solid Waste Management and Minimisation Bylaw 2021 takes effect.

178

078/20

To: Your Worship and Elected Members

From: Angela Jane, Manager Strategic Planning

Endorsed by: Kathryn Ross, Chief Executive

Date: 28 October 2020

Subject: Masterton District Council Rural Advisory Group Appointments and Meeting Fee

DECISION

Recommendation:

THAT Council

i. notes the following appointments to the Masterton District Council Rural Advisory Group for the remainder of the triennium:  Mark Buick  Alan Emerson  Richard Fairbrother  Todd McIlvride.

ii. agrees that the fee to be paid to each appointed member per meeting is $150.

Purpose

To inform Council of appointments made to the Rural Advisory Group and to seek Council’s agreement to the meeting fee to be paid to appointed members.

Executive Summary

At its meeting on 24 June 2020 Council established the Masterton District Council Rural Advisory Group and agreed to the Group’s Terms of Reference.

An expressions of interest process for the appointed members has been undertaken and appointments have been made.

The Terms of Reference provided for a meeting fee to be paid to appointed members and it is now proposed that that fee is set at $150 per meeting.

Context

Following the 2018 review of its representation arrangements, Council agreed to change from a mix of election at large and from urban and rural wards, to have all members elected at large. In response to the submission made by Federated Farmers in the Representation Review process, Council agreed to explore the establishment of a rural reference or advisory group outside the representation review process. 179

Council decided at the 30 October 2019 Inaugural meeting to establish a Rural Advisory Group, with membership to be confirmed. The Rural Advisory Group (the Group) was formally established, Terms of Reference were agreed and Councillor David Holmes and Councillor Tina Nixon were appointed to the Group at the June 2020 Council meeting. Councillor Holmes was appointed Chair.

Discussion

Appointments

Members of the Group are appointed by the Mayor and the two elected member appointees (Councillor David Holmes and Councillor Tina Nixon) from a publicly run expressions of interest (EOI) process.

An expressions of interest process (EOI) was undertaken in August and September with an advertisement in the Wairarapa Times‐Age calling for members on 20 August 2020. The EOI closed on 11 September 2020 and four applications were received. On 16 September the Mayor and Councillors Holmes and Nixon met and agreed that the four applicants met the criteria required by the Terms of Reference and should be appointed.

The four appointed members are:

 Mark Buick. Mark is a sheep and beef farmer from Mauriceville with over 20 years farming experience.  Alan Emerson. Alan has been a farmer and part of the rural community for over 20 years and is the current chair of the Tinui ANZAC Trust.  Richard Fairbrother. Richard is the fifth generation to farm his family sheep and beef farm 20 mins east of Masterton and is the President of the East Coast Rugby Club and is involved with the Whareama Farm Discussion Group.  Todd McIlvride. Todd is the current Chairman of the Mataikona Community Group and has had 30 years’ experience in the sawmilling industry.

Appointments are for the triennium and end one month prior to the next local government elections in 2022.

Remuneration The Terms of Reference provide for members to be paid a meeting fee plus expenses (e.g. for travel to and from the meeting). Elected members do not receive any additional payment for membership of the group.

Any travel expenses related to meeting attendance will be paid on the same basis as elected member expenses set out in the MDC Members Expenses and Reimbursing Allowances Expenses Policy.

Budget of $4,800 has been included in the 2020‐2021 Annual Plan for remuneration and expenses associated with the Group. Based on this budget, the number of members (four through the EOI process, plus two iwi representatives) and the anticipated number of meetings per year (four), it is proposed that the meeting fee paid to each member per meeting be set at $150.

180

Options Considered A summary of the options considered is included in the table below.

Option Advantages Disadvantages 1 Set the meeting fee at The meeting fee provided for in None have been identified $150 per meeting the Terms of Reference is set at a level that is within the budget allowed in the 2020/2021 Annual Plan

2. Set a different meeting Depending on the level of the Depending on the quantum fee fee set, less expenditure may of the fee set, the amount be incurred. may exceed the budget for the year. 3. Do not set a meeting fee Less expenditure would be Applicants have applied for incurred. membership of the group on the basis of the provisions set out in the Terms of Reference, which include the payment of a meeting fee. It would be bad faith on the part of Council to ignore what is provided for in the Terms of Reference

Recommended Option Option 1 is recommended. The payment of a meeting fee to members of the Rural Advisory Group was included n the Terms of Reference for the Group and budget has been included in the current year’s Annual Plan.

Summary of Considerations Strategic, Policy and Legislative Implications The advice of the rural advisory group will contribute to Council’s ability to achieve the objectives set out in the four strands of He Hiringa Tangata, He Hiringa Whenua (Social Development, Cultural Development, Environmental Development and Economic Development).

Significance, Engagement and Consultation The decision to approve a meeting fee for the Rural Advisory Group does not amount to a significant decision in terms of Council’s Significance and Engagement Policy as the proposed fee is within the budget set in the Annual Plan.

181

Communications/Engagement

There is no requirement for communications or engagement in the setting of the meeting fee for Rural Advisory Group members.

Financial Considerations

As stated above, there is budget provision of $4,800 in the 2020/2021 Annual Plan for the payment of remuneration and expenses for members of the Group. The cost of servicing the Group by staff will be met from existing positions and budgets.

Implications for Māori The terms of reference provide for iwi representatives to be appointed to the Group from each of the Wairarapa iwi and those representatives will be remunerated at the same rate for their membership of the Group.

Environmental/Climate Change Impact and Considerations While there are no Environmental/climate change impacts and considerations in the setting of a meeting fee for the Group, it is anticipated that environmental and climate change impacts will be issues the group will provide advice, information and recommendations to Council on from a rural perspective.

182

149/20 To: Your Worship and Elected Members

From: Angela Jane, Manager Strategic Planning

Endorsed By: Kathryn Ross, Chief Executive

Date: 28 October 2020

Subject: Amendment to Fees and Charges Schedule 2020/21

DECISION Recommendation: That Council: a) approves an amendment to the 2020/21 Fees and Charges Schedule to correct an error identified in the Building Consent Fee section, as follows: Amend the fee for Commercial, Industrial and Agricultural consents with a value >$1,000,000 to $7,356 plus $421 per $100,000 value.

Purpose

To seek Council approval to amend the 2020/21 Fees and Charges Schedule to correct an error that has been identified in the Schedule, adopted on 25 June 2020.

Background

As part of the 2020/21 Annual Plan process Council reviewed its fees and charges. Following consultation, the 2020/21 Fees and Charges Schedule was adopted alongside the 2020/21 Annual Plan on 25 June 2020. An error has subsequently been identified in relation to Building Consent fees for Commercial, Industrial and Agricultural consents with a value greater than $1,000,000.

Discussion and Options

In the 2020/21 Fees and Charges Schedule the fee for Commercial, Industrial and Agricultural consents with a value >$1,000,000 is stated as $7,356 plus $421 per $1,000,000 value. This is a typo and should read $7,356 plus $421 per $100,000 value.

Equivalent consents at Carterton District Council and South Wairarapa District Councils are also charged a base fee plus a fee per $100,000 value. At CDC this is $6,999 plus $423 per $100,000 value. At SWDC this is $7431 plus $755 per $100,000 value. This supports that the fee stated in the Masterton District Council Fees and Charges Schedule is an error rather than the intended fee. 183

Amending the fee schedule to remedy the error will ensure that the correct fee is charged for consents that fall into this category. The table below shows the difference that the error makes to consent fee charges if it is not corrected.

Consent Value Corrected Fee Fee if not Corrected Difference $1.5 million $7,356 + $2,105 $7,356 + $210.50 $1,894.50 $2 million $7,356 + $4,210 $7,356 + $421.00 $3,789.00 $2.5 million $7,356 + $6,315 $7,356 + $631.50 $5,683.50 $3 million $7,356 + $8,420 $7,356 + $842.00 $7,578.00

The Fees and Charges schedule is next scheduled for review as part of the 2021‐31 Long Term Plan process. If the schedule is not amended now, the under‐charge for this consent category will continue through until 30 June 2021.

If the undercharge is carried through until the end of the current financial year, this would impact building consent fees. Higher value commercial, industrial and agricultural consents are generally more complex and therefore take longer to process which costs Council more in time and resource. If the error is not corrected, we may not recover the full cost of processing this category of consents. If fee income is reduced for the year, this may require additional rates funding to off‐set the difference.

Options Considered

Option: Advantages: Disadvantages: Option 1: Amend the fee This would correct the error The fee schedule would need schedule now to correct the now limiting the impact of this to be amended. error that has been identified. on consent fee income. The cost of processing this category of consents should be fully recovered reducing impact on rating.

Option 2: Do not amend the The fee schedule does not Building consent fee income fee schedule and charge fees need to be amended. will be impacted. at the rate specified in the The cost of processing the 2020/21 Fees and Charges consent may not be fully Schedule until 30 June 2021. recovered. Rates funding may be required to off‐set the difference.

Conculsion

Option 1 is recomended. The Fees and Charges Schedule contains an error and should be amended to enable the correct fee to be charged. 184

Supporting Information

Strategic, Policy and Legislative Implications Under Council’s current Revenue and Finance Policy, Building Control is 15% rates funded in recognition of the broader benefits to the community in providing this service, and 85% funded from fees and charges given those who use the service receive direct benefits. If fee income is reduced for the year, this may require additional rates funding to off‐set the difference.

Significance, Engagement and Consultation Section 150 (3) of the Local Government Act requires that fees be prescribed either in bylaws or following consultation in a manner that gives effect to Section 82 requirements. Consultation on the 2020/21 Fees and Charges Schedule took place alongside consultation on the 2020/21 Annual Plan and met the requirements of Section 82.

The amendment being sought now is to correct an error in that schedule rather than to propose a new or different fee or charge, therefore further consultation is not considered necessary. The fact that this is an error is supported by the fact that both CDC and SWDC charge an additional amount for their equivalent consent category per $100K value vs per $1 million value.

Financial Considerations As noted, if the error is not corrected, there will be an undercharge for fees for this consent category (Commercial, Industrial and Agricultural consents with a value >$1,000,000) through until 30 June 2020. This will impact Building Consent fee income and may mean additional rates funding is required to off‐set the difference.

Treaty Considerations/Implications for Māori

No implications specific to Māori have been identified.

Communications/Engagement Plan The Fees and Charges schedule would be revised to reflect the correction and communicated to those submitting consents in this category as required.

Environmental/Climate Change Impact and Considerations No implications specific to the Environment/Climate Change have been identified.

185

151/20 To: Your Worship and Elected Members

From: Angela Jane, Manager Strategic Planning

Endorsed by: Kath Ross, Chief Executive

Date: 28 October 2020

Subject: Council and Committee Meeting Schedule for 2021

FOR DECISION

Recommendation: That Council approves the schedule of Council and Committee meeting dates for 2021 as set out in Attachment 1 to Report 151/20.

Purpose This report seeks Council’s approval of the proposed schedule of ordinary meetings of Council and its Committees for 2021 set out in Attachment 1.

Executive Summary Council and Committee meetings are generally set on a six‐week cycle, except for the Audit and Risk Committee which meets quarterly.

Adoption of a schedule of meetings allows for reasonable public notice of meetings to be given in accordance with statutory requirements and for the planning of other commitments around Council and Committee meetings.

As a general rule, Council meetings will commence at 3.00 pm and Committee meetings at 2.00pm.

All meetings have been scheduled on Wednesdays.

In addition to the scheduled Council and Committee meetings, further ordinary and extraordinary meetings will be scheduled as required. There will also be workshops held in relation to the 2021‐ 2031 Long Term Plan and other briefings/workshops will be held when necessary. Elected members will be advised of these dates as soon as they have been set. 186

Options Considered A summary of the options considered is included in the table below.

Option Advantages Disadvantages 1 Approve the proposed Elected members and staff have None identified schedule for the 2021 certainty around meeting dates meeting schedule. to the end of 2021. The decision will allow meetings to be advertised in accordance with the requirements of the Local Government Official Information and Meetings Act 1987.

2 Approve an amended Elected members and staff have None, unless changes are to schedule certainty around meeting dates the Audit and Risk Committee to the end of the year. dates which may affect the Meetings will be able to be availability of the advertised in accordance with independent Chair. the requirements of the Local Government Official Information and Meetings Act 1987.

3 Do not approve the No advantages identified. Elected members and staff proposed schedule for will not have certainty around 2021 meeting dates for 2021.

The Option 1 is the preferred option. Strategic, Policy and Legislative Implications While not a requirement, the decision to adopt a schedule of meetings is referred to in the Local Government Act 2002 and meeting notification timeframes are set out in the Local Government Official Information and Meetings Act 1987. Significance, Engagement and Consultation The decision to approve the schedule has been assessed as not significant against Council’s Significance and Engagement Policy as the decision is administrative in nature. Financial Considerations There are no financial implications.

187

Treaty Considerations/Implications for Māori No implications specific to Māori have been identified. Communications/Engagement Plan No communication or engagement plan is required. Environmental/Climate Change Impact and Considerations There are no environmental/climate change impacts or considerations arising from the approval of the schedule of meetings for the 2021 year. 188 ATTACHMENT 1 Schedule of Meetings 2021 Masterton District Council

January February March April May June July August September October November December

SUN 2 1 SUN

MON 1 1 3 2 1 MON

TUES 2 2 4 1 3 2 TUES

WED 3 ISC 3 5 2 LTP DELIBERATIONS 4 COUNCIL 1 3 1 WED

THURS 4 4 1 6 3 LTP DELIBERATIONS 1 5 2 4 2 THURS

FRI 1 New Year's Day 5 5 2 Good Friday 7 4 2 6 3 1 5 3 FRI

SAT 2 6 Waitangi Day 6 3 8 5 3 7 4 2 6 4 SAT

SUN 3 7 7 4 9 6 4 8 5 3 7 5 SUN

MON 4 Day after New Year’s 8 8 5 Easter Monday 10 7 Queen's birthday 5 9 6 4 8 6 MON

TUES 5 9 9 6 11 8 6 10 7 5 9 7 TUES

AWARDS AND GRANTS 10 COUNCIL 9 ISC 7 11 8 6 ISC 10 8 COUNCIL WED 6 10 7 12 Community Wellbeing #1 WED

THURS 7 11 11 8 13 10 8 12 9 7 11 9 THURS

FRI 8 12 12 9 14 11 9 13 10 8 12 10 FRI

SAT 9 13 13 10 15 12 10 14 11 9 13 11 SAT

SUN 10 14 14 11 16 13 11 15 12 10 14 12 SUN

MON 11 15 15 12 17 14 12 16 13 11 15 13 MON

TUES 12 16 16 13 18 15 13 17 14 12 16 14 TUES

AUDIT & 17 ISC LTP HEARING 16 14 18 AUDIT & RISK 15 COUNCIL 13 17 ISC 15 WED 13 COUNCIL 17 14 19 RISK WED

THURS 14 18 18 15 20 LTP HEARING 17 15 19 16 14 18 16 THURS

FRI 15 19 19 16 21 18 16 20 17 15 19 17 FRI

SAT 16 20 20 17 22 19 17 21 18 16 20 18 SAT

SUN 17 21 21 18 23 20 18 22 19 17 21 19 SUN

MON 18 22 22 19 24 21 19 23 20 18 22 20 MON

TUES 19 23 23 20 25 22 20 24 21 19 23 21 TUES

AWARDS AMD GRANTS AWARDS AND GRANTS WED 20 24 AUDIT & RISK 24 21 26 AUDIT & RISK 23 21 25 ISC22 20 24 22 WED Community Wellbeing #2 Civic and Youth Awards

THURS 21 25 25 22 27 24 22 26 23 21 25 23 THURS

FRI 22 26 26 23 28 25 23 27 24 22 26 24 FRI

SAT 23 27 27 24 29 26 24 28 25 23 27 25 Christmas Day SAT

SUN 24 28 28 25 30 27 25 29 26 24 28 26 Boxing Day SUN

MON 25 Wellington Anniversary 29 26 ANZAC DAY 31 28 26 30 27 25 Labour Day 29 27 MON

TUES 26 30 27 29 27 31 28 26 30 28 TUES COUNCIL COUNCIL COUNCIL 27 ISC 30 28 29 27 29 WED 31 (adopt LTP CD for 28 (Adopt LTP) (Adopt Annual Report) WED consultation)

THURS 28 29 29 30 28 30 THURS

FRI 29 30 30 29 31 FRI

SAT 30 31 30 SAT

SUN 31 31 SUN

KEY COUNCIL AUDIT AND RISK Weekends/Public Holidays AWARDS AND GRANTS LTP INFRASTRUCTURE & SERVICES

20 October 2020 189

152/20 To: Your Worship and Elected Members

From: Sofia Craig, Project Delivery & Assets Manager

Endorsed by: Kathryn Ross, Chief Executive

Date: 28 October 2020

Subject: Wairarapa Vintage Aviation Centre – progress report

DECISION

Recommendation: That Council a. Receives Report 152/20 the ‘Wairarapa Vintage Aviation Centre – progress report’ b. Agrees to extend the Memorandum of Agreement with the Wairarapa Vintage Aviation Hub Community Trust (the Trust) until February 2021, and notes that Council staff will work with the Trust to ensure pragmatic advice and solutions are provided for.

Purpose The report provides a progress update on the Wairarapa Vintage Aviation Centre, earmarked for Hood Aerodrome and asks Council to agree to extend the Memorandum of Agreement until February 2021.

Context

The Wairarapa Vintage Aviation Hub Community Trust (the Trust) is the promoter of the proposal to develop a world‐class visitor attraction focused on the vintage aviation assets of The Vintage Aviator Ltd (TVAL) based at Hood Aerodrome, Masterton. The Trust has developed a project structure with three project partners (The Trust, TVAL and Select Contracts (SC)), as well an agreement with Masterton District Council as owner and operator of Hood Aerodrome.

In September 2019 Council approved a Memorandum of Agreement () with the Trust which set out the commitments that Masterton District Council had in holding an exclusive option for the Trust to lease up to (but not necessarily all) the 4ha purchased in 2016 (Lot 3 DP 495682), designated as part of the Hood Aerodrome. Under the agreement, the draft terms of the lease were required to be agreed by 1 February 2020 to provide the Trust and Council certainty around planning for immediate and future infrastructure requirements and the exclusive option expires on 20 December 2020 ("the Option Expiry Date"). The MOA also acknowledges that responsibility for the Aerodrome masterplan (including layout and precinct design) sits with the Council.

Council has since received funding for the Hood Aerodrome infrastructure project from the Provincial Development Unit to the tune of $10,000,000. A project team has been established to support the planning and delivery of the infrastructure project and work is quickly progressing, with master planning exercises due to commence prior to the end of the year. It is now necessary to review the 190

agreement with the Trust to ensure that their needs can be accommodated, without causing delay to the programme of works for the infrastructure project.

Analysis and Advice

In September 2019 the Trust received a report prepared by their partner Select Contracts which included a market analysis, some design refinement and indicative financial information. This report was used as the basis for applications to:

 NZTE for feasibility study funding and;

 a separate application to the Provincial Growth Fund for several tranches of funding to get the Trust through the design, consenting, capital raising and construction phases The impact of the Covid‐19 pandemic and the government response to shift the focus of the PGF to “shovel ready” projects, and those projects that are a direct response to the consequences of the pandemic, meant that the Vintage Aviation Attraction application was unlikely to be successful in 2020 and so was withdrawn by the Trust in mid‐June. For the same reason the application to NZTE is unresolved, however not formally withdrawn.

The three core partners in this project (The Trust, TVAL and SC) remain committed and while recognising the current environment is not ideal, do not wish to see the project stall. The partners remain in regular contact to ensure the ability to move when the circumstances are right. They have not however been able to agree the draft terms of a lease and are unlikely to be able to secure funding prior to 20 December 2020.

Now the election has occurred, the Trust intends to determine the best path to secure Government support. It is reasonable to assume that meaningful discussions and decisions in relation to funding would not be expected before February 2021.

This timing may prove problematic for the Hood Aerodrome infrastructure project, in particular in relation to the master planning exercise which is a critical milestone that shapes the remainder of the project. This work is expected to commence prior to the end of 2020 and continue through until the end of Q1 2021.

As the successful delivery of the Vintage Aviation Centre is reliant on external funding sources (primarily Government), it would be prudent for the Council to request that the Trust rationalise their current design thinking in the event that only partial, or no Government funding is granted. The rationalised design will allow the Hood Aerodrome project team to work with the master planner to ensure that critical progress can be made, while still allowing flexibility with the solutions provided, should the Aviation Centre eventuate. 191

Options Considered A summary of the options considered is included in the table below.

Option Advantages Disadvantages 1 Do not extend the Hood Aerodrome infrastructure Hood Aerodrome as a Memorandum of project work can progress complex will not experience Agreement without the external the benefits that an Aviation dependency on the Aviation Centre will bring Centre 2 Extend the Memorandum This will allow master planning We will be developing a of Agreement until exercise to progress and number of different solutions February 2021 – with the provision made for the for the master plan, this will requirement that the potential Aviation Centre, incur additional cost as Trust work colloboratively across some different scaled opposed to having definitive around a range of options options. requirements from the to consider outset 3 Extend the Memorandum This will allow additional time This is likely to have of Agreement beyond for the Trust to have significant impacts on the Feburary 2021 discussions with Government successful delivery of the and other external funding infrastructure project and has sources to provide absolute the potential to put the clarity and certainty about the Provincial Development Unit Aviation Centre viability funding at risk due to non‐ delivery

Recommended Option

Option 2 is recommended. This ensures that Council will be able to progress the necessary planning and works for the Hood Aerodrome infrastructure project whilst allowing for the option of an Aviation Centre. It will be crucial that there is a report back date from the Trust in February, at which time Council will determine whether or not the Aviation Centre requirements will be taken forward for inclusion as part of the Hood Aerodrome project (and in what form).

Summary of Considerations

Significance, Engagement and Consultation

Hood Aerodrome is a strategic asset so there is a presumption that decisions about the aerodrome are significant. The level of significance has been assessed as low as there is not a substantial effect on the asset and the land was purchased with a view to enabling the Centre and other developments to occur. The Trust was involved in developing the original Agreement.

192

Communications/Engagement

N/A

Financial Considerations

The original agreement was prepared within existing budgets. The option to lease is being provided for free. The lease terms and conditions will determine future income. The assumption is that the infrastructure necessary to develop and support the Centre will be paid for by the Trust unless co‐ investment is agreed with Council or other parties.

The cost to extend the agreement may be reflected in additional master planning design costs. These are likely to be relatively minor.

Implications for Māori

This decision does not give rise to or affect Treaty/Tiriti obligations or have specific implications for Māori.

Environmental/Climate Change Impact and Considerations

None identified. Please note that environmental impacts and climate change considerations will be relevant to the design, construction and operation of the Centre.

Next Steps

Following Council’s recommendation, the Hood Aerodrome project team will engage with the Trust to outline the requirements and detail the dependencies that their planning has with the overall master planning work. We will continue to work with the Trust over the coming months to ensure a successful, suitable outcome for all parties.

193

153/20

To: Your Worship and Elected Members

From: Kathryn Ross, Chief Executive

Date: 28 October 2020

Subject: Chief Executive’s Report

FOR INFORMATION

Recommendation: That Council notes the information contained in the Chief Executive’s report 153/20.

Purpose The purpose of this report is to provide Council with an update (as at 16 October 2020) on Council operations and changes in the national and regional context for Council since the last CEO report to Council dated 16 September 2020.

Chief Executive’s Overview As I sat down to write this report on 16 October, nearly 2 million voters had already cast their votes in the general election. By the 19th we knew that Labour had the numbers to govern alone should they choose to. Over the next few weeks, we’ll know whether Labour and the Green Party arrange to work together in some form or another.

Based on the election results, the national operating context is therefore likely to continue to focus on recovery, jobs, training, small business, infrastructure, the transition to zero carbon and achieving 100% renewable energy by 2030, sustainable (with social and environmental outcomes) procurement, improving health (and implementing the direction of travel signalled in the Health and Disability System Review), education (including completing the reform of vocational education), housing, Māori‐ Crown relationships and outcomes for Māori. We can expect the repeal and replacement of the Resource Management Act 1991, a focus on spatial planning and progressing the Urban Growth Agenda. Further reform of New Zealand’s drinking water and wastewater system can also be expected, alongside emphasis on public transport, walking and cycling and road safety (in a fiscally constrained environment, potentially with more regionalisation). Waste may become another area for reform and / or standardisation. Labour has also signalled a $200m Regional Strategic Partnership Fund to support economic development plans developed by regions and an end to the PGF.

Against this backdrop, we can expect a significant conversation about the role and nature of local government and local governance and local government could potentially look quite different in the future. I anticipate that we will be discussing a framework that brings together central government, iwi/ Māori, the community, local government and potentially the private and NGO sectors to develop a shared set of community‐driven priorities with funding and service delivery shaped to respond to those priorities (rather than devolution). This collaborative or partnership model is not a new concept 194

and we can look both to international experience, such as in the UK – Scotland (Community Planning Partnerships which produce Local Outcomes Improvement Plans and Locality Plans), Wales (Public Service Boards and Local Well‐being Plans), and in England (Local Strategic Partnerships with strategies and delivery plans)1 – as well as New Zealand’s experience with place‐based initiatives (recently and historically), social sector trials, and now Regional Leadership Groups2 for lessons and insights on where the future may lie.

The operating context for local government for the next few years will certainly be an interesting one.

National/Regional Context COVID‐19 Regional leadership groups – recovery and resurgence The second meeting of the Regional Leadership Group occurred during October. Tiraumaera Te Tau attended as the Rangitāne representative, alongside the Regional Public Sector Lead, Te Puni Kōkiri, Police, DHBs, councils and CDEM representatives. Housing, employment, food security and mental health were emerging as the priority issues for the group/region (but there is local variation). There is continued concern for the wellbeing of the workforce that are on constant COVID‐19 alert and those dealing with multiple demands of business as usual, COVID‐19 planning, response and recovery, meeting expectations, doing more with less funding, delivering stimulus initiatives (that weren’t programmed) and coping with reform, change and uncertainty. It was recognised that Iwi are also under increased pressure and are being called upon by everyone. Monthly meetings are scheduled.

Wellington Regional Recovery Group As above, employment, housing, food security, mental health and wellbeing, and financial security continue to be recurring themes that are discussed at a regional level. A Community Sentiment survey will be launched by the Wellington Emergency Coordination Centre (ECC) in October with the aim of creating ‘bottom‐up’ insight from front line workers across a range of central and local government and community service organisations.

Over 70 organisations have signaled they are keen to participate. The survey will go out each month for the next 12 – 18 months and provide insights in a user‐friendly format alongside of the current indicators, which we will also likely revamp based on these four themes.

1 Elected members may wish to read SOLGM’s Through the Looking Glass for an overview of the local government environment in England, Scotland and Wales https://www.solgm.org.nz/Attachment?Action=Download&Attachment_id=1945

2 that have been set up to oversee region‐wide responses, resurgence planning and recovery (to COVID) 195

Wairarapa Recovery The Recovery Team has launched a survey trying to reach Wairarapa residents to gather information about the impacts of COVID‐19. This information will be reported back to the Recovery Committee and will shape the Wairarapa Recovery Plan. The Recovery Team is working with NGOs, community groups and residents to ensure a wide range of feedback is captured from different demographics. Posters marketing the survey are in our customer facing spaces including our offices, Wairarapa Libraries, and other facilities and a link to the survey has been placed on the three Wairarapa Council Website landing pages. Hard copies of the survey have been printed to be distributed via community groups.

The Wairarapa Recovery on‐line survey can also be accessed at https://wairaraparecovery.nz/

The Social Wellbeing Leaders Group Forum (led by Mayor Lyn Patterson) have had their inaugural meeting. Iwi, Pasifika, key government agencies in the Wairarapa, the Wairarapa DHB CEO, Trust House CEO attended and the purpose of the group, membership and actions for the group were discussed. The next meeting will discuss the key priorities and how to achieve results across the short, medium and long term.

National and Regional Transport Update On 17 September the final Government Policy Statement on land transport (GPS) 2021 was released. Priority areas are safety, better transport options, improving freight connections, and climate change. Post‐COVID, there are significant funding constraints for the 2021‐24 National Land Transport Programme (NLTP), which means there will be limited funding for projects that are not already underway and ongoing programmes.

The draft Investment Prioritisation Method is currently out for consultation and will close on 2 November 2020. We will review the submissions made on behalf of the sector and may make an individual submission.

Waka Kotahi / NZTA has also identified some issues with how the Funding Assistance Rates (FAR) for the 2018‐21 NLTP have been calculated, with some incorrect calculations. They are now reviewing all FAR rates and we will know in November whether there is any change to our own rate (or to the timing of previously announced change).

Three Waters Reform As we await approval of our stimulus funding, the Department of Internal Affairs (DIA), is preparing to send out its Request for Information (RfI) to councils under the Memorandum of Understanding. The information collected will be used to support future advice to Ministers on options for service delivery reform. We indicated in our draft delivery plan that we would apply some of the stimulus funding to support information provision and our engagement with DIA. While we don’t yet know the full extent of the information required, we do know that it will be “comprehensive in nature and will require a substantive resource commitment from Councils”.

196

The DIA and Taumata Arowai have completed hui with iwi, hapū and Māori groups across the motu.

Further information can be found on the DIA’s website at https://www.dia.govt.nz/Three‐Waters‐ Reform‐Programme

Climate and Environment StatsNZ and the Ministry for the Environment report on the state of different aspects of our environment every six months, and our environment as a whole every three years (Environment Aotearoa). Our Atmosphere and Climate 2020 was released on 15 October 2020.

In a nutshell, every temperature recording site recorded increasing average temperatures in winter, more extreme weather events are also starting to be seen ‐ extreme rainfall, heatwave days, and dry spell days increased, and frost days decreased at some places. Changes to seasons are becoming apparent, glacier ice volumes have also decreased and a rise in sea levels have been recorded.

Trends from 30 sites across New Zealand showed: • the annual average temperature increased at 28 sites for 1972–2019 • the average and the maximum winter temperature increased at all sites, and frost days very likely decreased at 40 percent of sites for 1972–2019 • warm days (with a high over 25 degrees Celsius) very likely increased at nearly two thirds of the sites for 1972–2019 • almost half of the sites had increasing trends for annual rainfall, and most of these also had more intense rainfall for 1960–2019 • the intensity of short‐term drought increased at 14 sites, with 11 in the for 1972–2019 • very likely increasing trend in days with very high or extreme fire danger was recorded at 6 sites – Blenheim, , Nelson, Tara Hills, Timaru, and Wellington for 1997– 2019.

The report also highlights current and potential future effects of climate change. For example, climatic changes impact on our native species. • A study of hoiho (yellow‐eyed penguins) on Otago Peninsula found that warming seas contributed to a reduction in their survival rates. Warming seas impact the number and size of fish hoihoi feeds on. • If the temperature continues to warm, it is likely that the cooler areas where some species can live will be reduced. Large birds like kiwi, whio (blue duck) and North Island kōkako are particularly at risk because of their limited ability to move into new areas.

A summary of the report can be found at the link below. https://www.mfe.govt.nz/sites/default/files/media/Environmental%20reporting/OAC2020‐ summary‐english.pdf The Full report can be found at the link below. https://www.mfe.govt.nz/publications/environmental‐reporting/our‐atmosphere‐and‐climate‐2020

197

In my last report I highlighted the Wairarapa Climate Caucus and the Wellington Region Climate Change Working Group (WRCCWG). However due to the timing of the September report I was not able to update you on the 4 September 2020 meeting of the WRCCWG.

At that meeting Councillor (Cr) Thomas Nash (Greater Wellington Regional Council) was elected Chair and Cr Hellen Swales (Upper Hutt City Council) Deputy Chair. The other agenda items included the following: a presentation from the Chair of the Climate Commission, Rod Carr, about the Climate Change Commission and its statutory responsibility to monitor and report on nationwide progress; discussion and feedback on the amendments to the WRCCWG Terms of Reference; presentations on the Regional Sea Level Rise Planning Guidance (GWRC), incorporating climate change impacts in the Long Term Plan process (Kāpiti Coast District Council), and Wairarapa Moana Wetlands iwi‐council collaboration and local climate action (Ra Smith).

Council will continue its programme of workshops to learn from our colleagues.

Corporate Carbon Footprint Masterton District Council (MDC) has been monitoring and reporting its organisational annual greenhouse gas (GHG) emissions since 2016, as part of the Toitū Envirocare carbon reduction programme. The GHG inventory report (carbon footprint) quantifies the amount of GHG emissions that can be directly contributed to the MDC operations. MDC completed the carbon reduce certification for 2018/19 and 2019/20 reporting periods.

The methodology for calculating the GHG emissions for wastewater have recently changed, based on the latest updates to the Intergovernmental Panel on Climate Change (IPCC) method. This update has significantly impacted MDC's total carbon emissions for the 2018/19 and 2019/20 reporting period making the direct comparison difficult and the reduction efforts less obvious. However, once the updated methodology is applied to the previous years, the total GHG emissions have decreased since 2017/18 reporting period.

The total gross GHG emissions for the 2018/19 year were 4,671.52 tCO2e, and 4,512.81 tCO2e for the 2019/20 year, a slight reduction on the previous period. This reduction can be attributed to the overall greater energy efficiency and reduced air travel. The wastewater followed by electricity are the biggest contributors to MDC’s overall GHG emissions. MDC and its staff are committed to ongoing improvements and finding solutions to improve our organisational carbon footprint.

Updated Housing Affordability Measures Infometrics have partnered with CoreLogic to introduce two new measures – affordability to buy and affordability to rent. These new measures use household incomes instead of individual incomes as the income base. Household incomes better reflect the ability for households to afford housing by incorporating all of their income – whether it be a family with two earners, an individual with multiple part time jobs, or a flatting situation with multiple earners.

Affordability to buy is measured by the ratio of average house values to average household income, and affordability to rent is measured by the percentage of average household income required to 198

cover average rents. A higher ratio, therefore, suggests that average houses cost a greater multiple of typical incomes, which indicates lower housing affordability.

Compared with the previous affordability measures, this update presents a more favourable, but also more realistic, picture of affordability.

Highlights for Masterton

 Housing in Masterton District was more affordable than New Zealand in June 2020.  Housing affordability in Masterton district has deteriorated (on average) between June 2019 and June 2020. Housing affordability in New Zealand has deteriorated over the same period.  During the last 10 years, housing in Masterton District was most affordable in June 2014, when the index reached a low of 3.3.

199

Privacy Act 2020 The Privacy Act 1993 will be replaced by the Privacy Act 2020 which comes into force on 1 December 2020. It includes a few key changes that expand the power of the Office of the Privacy Commission, increases requirements to report privacy breaches, and the inclusion of new criminal offences.

If a business or organisation has a privacy breach that has caused serious harm to someone (or is likely to do so), it will need to notify the Office of the Privacy Commissioner as soon as possible. It is an offence to fail to notify the Privacy Commissioner of a notifiable privacy breach. The Privacy Commissioner will be able to require a business or organisation to do something, or stop doing something, if it is not meeting its obligations under the Privacy Act.

It will now be a criminal offence to mislead a business or organisation by impersonating someone, or pretending to act with that person’s authority, to gain access to their personal information or to have it altered or destroyed. It is also an offence to destroy a document containing personal information, knowing that a request has been made for that information. The penalty in all cases is a fine up to $10,000.

We plan to update our Privacy Policy and Procedure to align with these legislative changes.

Corporate Planning Activity 2019/20 Annual Report The draft 2019/20 Annual Report document is currently being reviewed by Audit, with the Audit report expected early November. The Annual Report includes key project highlights and financial and non‐financial results for the year. A summary document is also being prepared. This is a legal requirement and will also be reviewed by Audit to ensure it is a fair reflection of the full report. 200

We are working toward an adoption date of 18 November 2020, which is three weeks later than originally scheduled. The legal deadline for adoption was extended to 31 December 2020 in recognition of the impacts of COVID‐19 on timelines for both Audit NZ and Councils.

Once adopted, we have one month to publish the Annual Report and the accompanying summary document.

2021‐31 Long Term Plan Since the September update to Council workshops have been held on Asset Management Plans for Stormwater, Wastewater, Water Services and Parks and Open Spaces; draft Growth Assumptions have been presented for feedback and Level of Service workshops have commenced with the first focussed on Community Development.

Through until Christmas 2020, key areas of focus for LTP work will include:

1. Continuing Asset Management Plan Workshops, with Solid Waste. Community Facilities and Roading still to be presented to Council, and revising Asset Management Plans.

2. Continuing workshops on Levels of Service for all Council activity areas and identifying any changes that Council might want to propose for consultation with our community.

3. Progressing work on the key assumptions that underpin our planning. Draft growth assumptions have been presented and will be reviewed following the release of Infometrics next quarterly update on 19 November 2020. Workshops with staff are scheduled to inform our climate change assumptions, and financial assumptions will be developed. We aim to formally adopt the assumptions before Christmas, noting any of the assumptions can be revised prior to Council adopting the Consultation Document (in March 2021) and 2021‐31 Long Term Plan (in June 2021) should new information become available.

4. Progressing the Revenue and Finance Policy Review. This policy outlines how we will fund the services that we deliver for our community. We will consult on the proposed policy when we consult on key LTP issues next year.

5. Sharing some of the thinking that is shaping the LTP with our community. Engagement will take place in November 2020. Feedback from our community will inform the development of the Long Term Plan.

6. Reviewing the Significance and Engagement Policy.

7. Reviewing non‐financial performance measures.

8. Developing the Infrastructure and Financial Strategies that support the LTP.

9. Preparing financial budgets for the period of the 2021‐31 LTP. 201

At this stage, the 30 June 2021 deadline for adoption of the 2021‐31 LTP stands.

CouncilMARK Two independent assessors from the LGNZ CouncilMARK programme were onsite in the last week of September. This was our second assessment under the programme, and we are well positioned to maintain or improve the BB grade received in 2017.

Over the two days onsite, the assessors met with elected members, staff from across the organisation, Iwi, and other key community partners as they assessed our performance across the following four priority areas:

 Governance, leadership and strategy;  Financial decision‐making and transparency;  Service delivery and asset management; and  Communicating and engaging with the public and businesses.

We expect to receive a draft report and grade in the next month. This will then go through the LGNZ Independent Advisory Board (IAB) for moderation and confirmation, at which time we will report results to Council and to our community.

Projects of interest this month Please refer to Attachment 1 for a dashboard update on key Council projects of interest.

Environmental Services Activity Bylaws

BYLAWS COMPARISON BY MONTH SEPTEMBER 2020 65 70 57 60 45 50 34 34 32 40 27 31 30 20 15 16 19 20 12 11 14 5 8 6 5 10 2 1 3 4 2 0

2017/18 2018/19 2019/20 2020/21

Figure 1 Bylaw Service requests by category from 1 July to 30 September to the same period in the previous years. 202

Vehicle related calls have increased compared to the previous years. There were 12 service requests lodged in September alone for abandoned vehicles and another 18 service requests for vehicles causing damage. Service requests for vehicle‐related issues include abandoned vehicles, parking and vehicles causing damage/nuisance.

Stock and Animal service requests include wandering stock, bees, the keeping of more than three cats in the urban area and welfare for animals other than dogs. There was a total of 15 service requests in August. Stock calls remain consistent compared to previous years, most calls were about wandering stock, the majority of these wandering stock calls were alerted to MDC afterhours requiring the on‐ call team member to attend the job out of normal working hours. There has also been an increase of service requests raised regarding poultry. The Animal and Bylaw team are working with the owners to rehome or remove the roosters to prevent the need for further enforcement action being taken.

The service requests from the community regarding trees overhanging into the public space from private land remain consistent over the past three months. Staff follow up on overhanging trees throughout the year. There has been regular advertising to remind property owners to keep their shrubbery trimmed back from the footpaths.

The Water Wastage/Waterways category includes obstruction of a watercourse and water restrictions. There was a site‐specific issue in 2017/18 which resulted in a spike in service requests for waterways. Again, there has been regular advertising to remind property owners with streams in their property to regularly clean them.

The Litter and Rubbish category relates to requests for service in relation to fly‐tipping and illegal dumping. There were five service requests in the past three months raised by members of the public that required investigation from the team.

Animal Services

SERVICE REQUESTS FOR ANIMAL SERVICES COMPARISON BY MONTH SEPTEMBER 2020 350 303 293 300 269 245 250 200 150 118 110 100 71 77 35 45 38 50 29 0 Service Request P1 Service Request P2 Service Request P3

2017/18 2018/19 2019/20 2020/21

Figure 2 Dog Service requests by category from 1 July to 30 September compared to the same period in the previous years.

P1, P2 and P3 reflect the priority/urgency of the requests for service received. 203

 P1 – The most urgent calls, for example dog attacks, police assistance. Attendance within one hour.  P2 – Barking and wandering. Attendance within 24 hours.  P3 ‐ Non‐urgent requests, for example changing details on a dog account. Response within five working days.

The priority 1 calls which are targeted to be actioned within 60 minutes are consistent with the previous three years. There have been less priority 1 calls compared to previous years, there was a similar number of attacks reported and investigated compared to last year, however, there were fewer rushings reported.

Overall, the Animal Services team have received 393 requests for service across P1‐P3 categories compared to 456 requests in the same period last year. The majority of requests have been P2, which require action within 24 hours or the next working day.

Registrations Year to Date September saw more than 97% of dog owners had registered their dogs, this is a fantastic result. Late payment penalties of 50% of the cost of registration were added to dog accounts in September. Follow‐ups with unregistered dog owners saw the team visit over 100 dog owners to encourage them to register their dogs before infringements of $300 per dog for failing to register were issued in October.

As of 30 September, 2017/18 2018/19 2019/20 2020/21 2020

Number of Dogs 5309 5534 5695 5881 Registered as at 30 September

Percentage of 94.14% 95.00% 96.93% 97.85% known Dogs Registered as at 30 September

Animal Services have for the first time recycled the old dog registration tags. ITW Industrial where dog registration tags are purchased accepted the tags back for recycling.

There were 732 reminder letters sent to dog owners to submit to MDC their dog’s microchip number. All dogs are required to be microchipped when first registered after 2006, with the exclusion of working dogs which are exempt. The Animals and Bylaws team have seen an increase in the number of dogs impounded that are microchipped but the microchip details are not loaded on the National Dog Database (NDD) or the New Zealand Companion Animal Register database, these are the national databases that the team have access to. This has seen avoidable delays in the team being able to reunite dog and owner. 204

The National Dog Database holds details of all registered dogs and their owners. A portion of dog registration fees are used to fund the database, which is serviced by the Department of Internal Affairs (DIA). When a dog is picked up by council officers, they are able to check the database, locate the owner and contact them. Only authorised council representatives can access the database. However, under the Dog Control Act, vets and the SPCA can phone the council to access the owner information for legal purposes (such as treating a dog). The New Zealand Companion Animal Register is a register for all companion animals and is accessible by over 850 agents, including veterinary clinics, SPCAs, local authorities, pet shops, shelters, rescues and other animal welfare agencies in New Zealand. There is a cost to pet owners to have a pet's microchip number loaded onto the register.

ANIMAL SERVICES COMPARISON BY MONTH SEPTEMBER 2020 100 78 80 67 61 60 53 40 15 14 15 14 20 7 6 7 7 11 10 551 5 2 0 0 Dogs Rehomed Notice to register Infringements Issued Dogs Euthanised Dogs Impounded Dogs

2017/18 2018/19 2019/20 2020/21

Figure 3 Dog result activity by category from 1 July to 30 September compared to the same period in the previous years.

Environmental Health Activity Environmental Health planned work includes food verifications, alcohol and other premises inspections, and water and consent monitoring. Requests for service and noise complaints are unplanned works that are required to be fitted in around scheduled work.

Staff took the opportunity in September to attend a few webinars hosted both internally and externally. A presentation on enforcement applications under the Sale and Supply of Alcohol Act, hosted by Rob Abbot was attended by our alcohol inspectors. One of the Environmental Health Officers was also able to attend the Climate Change Korero hosted by Dr Alex Pezza, Greater Wellington Regional Council. 205

FOOD/ALCOHOL COMPARISON BY MONTH SEPTEMBER 2020

70 58 60 48 50 50 45 40 32 31 27 30 30 23 22 16 18 16 17 18 20 12 15 9 7 10 2 0 Food Verifications Food Alcohol Applications Alcohol Premises Other Premises Reinspection/CARS Received Inspections/CPOs Inspections Follow Up

2017/18 2018/19 2019/20 2020/21

Figure 4 Environmental Health verification and inspections by category from 1 July to 30 September compared to the same period in the previous years.

Food Act Verification and inspections The previous two months have been business as usual for the Environmental Health Team. The shift from Alert Level 2 to 1 has allowed staff to begin undertaking food verification and alcohol licence inspections again and playing catch‐up from the delay due to Alert Level 2. There has also been a steady increase in customers looking at starting home business, some more niche, likely fitting within the scope of National Programmes. Fortunately, MDC are able to offer the National Programme verifications as we have Recognised Persons to carry out verifications under MDC’s Food Quality Management System.

COVID‐19 Alert System Level 2 required food verifications to be carried out remotely on platforms such as Zoom or Skype. This was not always a suitable solution for premises. Businesses and verifiers did their best to meet requirements. New businesses were permitted to have onsite verifications and were only allowable if appropriate PPE was worn by everyone involved.

Food Verifications and premises inspections do not remain on track. The team are continuing with catch up for verifications and inspections deferred due to COVID‐19. There is still a back log that we are steadily working through. TP Solutions have been contracted to assist us catching up with outstanding food verifications.

The changing of the COVID‐19 alert levels in September created an urgent workload for organisers wanting to hold their events as soon as possible. The Environmental Health Team put in additional time to ensure that special licences were issued on time for the events. 206

ENVIRONMENTAL HEALTH COMPARISON BY MONTH SEPTEMBER 2020 250 190 183 197 188 200 152 150 105 112 83 84 100 70 50 39 50 0 Noise Complaints Requests for Service Water & Consent Monitoring Sampling (sites analysed) (10s)

2017/18 2018/19 2019/20 2020/21

Figure 5 Environmental Health Service requests and monitoring by category from 1 July to 30 September compared to the same period in the previous years.

Service requests and monitoring Noise complaints remain comparable to the previous two years. Most noise complaints are registered out of office hours and contractors attend the address in question.

Service requests continue to increase this financial year. The majority of service requests relating to alcohol licensing were enquiries such as how to apply for a new alcohol licence or planning an event where a special licence is required. Service requests relating to food business, include enquiries relating to opening a new business also COVID‐19 related enquires.

Water and Consent Monitoring: The Environmental Health Team have successfully assisted in the collection of wastewater samples for this month’s round of the Drugs in Wastewater project, led by the Environmental Science Research Institute‐ regional data will be released in the coming months by the New Zealand Police.

Building Control Services Activity 2020 Review Building activity has shown no signs of slowdown for the month of September. On the Building Control Authority (BCA) side, we have had increased inspection demand with wait times out to 6‐7 days, while maintaining similar processing levels to last year. In the territorial authority space, we completed work on the legacy earthquake prone building reports with engineers so additional earthquake prone building letters can be sent. We also addressed a significant number of older code of compliance certificate (CCC) decisions in preparation for our IANZ accreditation audit next month.

BCA Functions September saw us return to the same strength in staffing numbers as October 2019, we now have seven technical officers at varying levels of ability and will be looking to capitalise on this by making operational changes for efficiency, with improvements in weekly rosters, working from home, training 207

and supervision. In numbers alone, the remainder of the year is looking strong and contractors continue to be employed to address shortfalls in competency and in‐house processing resource.

Building consents by Category

BUILDING CONSENTS GRANTED IN SEPTEMBER TOTAL 69

4% 2% 7% 13%

74%

Com1 Com2 Com3 Res1 Res2 Res3

The pie chart above is significantly different to the previous month, with a jump from 3% commercial work to 9% commercial work, and a small increase in the complexity of houses.

CONSENTS GRANTED BY MONTH

120

100

80

60

40

20

‐ 2018 2019 2020 123456789101112

The graph above shows that we are tracking on par with 2019 overall, the low of April 20 (Lockdown) is offset by a peak in July and sustained increases in August and September. 208

In the graphic below (generated by the GoGet processing software) we can see an increase in Total RFI’s (Requests For Information During Processing) and an increase of some 600% in the number of unresolved RFI’s. This demonstrates two things when a similar number of consents are compared; the quality of building consent submissions is lower and most noticeably, designers are taking a lot longer to respond to queries raised on consents (because they are busy with new work). Some of this increase can also be attributed to a change in process as Code Compliance applications are now queried formally to stop the processing clock and this did not occur last year.

These increases are often interpreted as the Council ‘holding things up’ to the public but we have not had any specific complaints to date.

New Applications Received We received 58 building consent applications during the month of September as well as ten Amendments, and two Certificate of Acceptance. In comparison for the same period last year we received 63 building consent applications, 12 Amendments and one CoA.

Code Compliance Certificates 107 Code Compliance Certificate decisions were made in September with 88 CCC’s issued with five breaches of the statutory time frame (95% compliant), 19 CCC’s were refused.

This is more than double the usual monthly number, these decisions can be attributed to a round of letters that were sent out in late August to address post 24‐month CCC decisions. There were roughly 640 letters sent to notify CCC decisions that were made on consents as far back as 1992.

This process affected our service delivery negatively in other parts of the team; as resource was shifted from processing and inspections to deal with the customer enquires that resulted. Where a resolution was found in‐house the customer was not charged, if additional inspections were required there were charges.

There were a number of reasons to do this now;  It would have been raised as a non‐compliance in the accreditation audit in November.  Dealing with this load while addressing other non‐compliances as part of an action plan in the 90 days post audit would have been difficult (especially over summer months). 209

 It reduces the amount of push‐back from the public on LIMS  It had been repeatedly put off ‐ there’s no time like the present!

Inspections 331 onsite inspections were booked in September 2020, compared to 318 the month prior. The inspection result report is below (note this includes tabletop inspections):

There is a 10% reduction in the overall fail rate on inspections, this can be attributed to refined processing when completing checklists by our officers (as they use a ‘part’ inspection function) and a recent presentation at the Master Builders forum, in which we highlighted the problem and suggested methods for addressing it – having the work completed prior to the inspection, as an example.

Territorial Authority (TA) Functions The TA functions are listed below with quick glance updates:  General enquiries – 142 emailed specific individual enquiries received in the month of September.  Service Requests – 14 open service requests.  LIMS – 34 applications.  Swimming Pools ‐ No change.  Building Warrant of Fitness Scheme – Statistics next month.  Earthquake Prone Buildings Legislation. Engineering review of existing reports complete. 210

LIMS LIM applications received.

LIM APPLICATIONS RECEIVED FROM 27 AUGUST TO 13 OCTOBER 2020 30 27 26 25

20

15

10

4 5

0 Urgent Non‐Urgent Cancelled

LIMS BY CATEGORY SEPTEMBER 2020 (TOTAL 34)

Cancelled 6%

Urgent 44% Non Urgent 50%

Urgent Non Urgent Cancelled

The number of urgent LIMs when compared to non‐urgent has dropped when compared to last month.

Swimming Pools We have had the swimming pool module activated for GoGet. We do not plan on doing any routine inspections before March next year. The pool register is to be updated in cooperation with GIS as we can activate a layer on the aerial photos to identify obvious pools. Currently we estimate there are between 1,000 and 1,200 pools in the Masterton District.

Earthquake Prone Buildings In conjunction with a local engineering firm we have completed reviewing the old engineering reports we had on file. 211

In total we reviewed 215 reports:  24 buildings were identified as earthquake prone. Letters will be sent to these building owners, confirming the status, and giving them a grace period before their buildings are officially ‘stickered’.  126 buildings are not earthquake prone; letters will be sent confirming this status.  59 buildings have been identified as maybe’s and require further investigation into previous consents and/or additional engineering clarification at the building owners’ expense.

There is a discrepancy of 102 between the number of reports received by Council and the number that were available to be reviewed by the engineers. In part this is because some reports were reviewed as one report but had been previously attributed as multiple if they covered multiple individual buildings, but there are some legacy record keeping issues involved also.

Building Warrant of Fitness and Compliance Schedules Our new compliance officer has started and is doing well. We are employing a contractor short term to give us a strategy and the tools necessary to deal with the 350+ Building Warrant of Fitness (BWOFs) and especially the large number that have expired. I expect to be able to provide accurate monthly statistics on building warrants for the December Council report.

Planning Activity Resource Consents Resource consents continue at a steady pace with 69 new urban lots created and 9 rural.

RESOURCE CONSENTS 27 AUGUST TO 13 OCTOBER 2020 COMPARED TO SAME PERIOD LAST YEAR 35 30 30

25 22

20

15

10

5

0 RC consents received 27/08/20 ‐ 13/10/20 RC consents received 27/08/19 ‐ 13/10/19

In addition to the number of Land Information Memorandums processed staff have spent a considerable amount of time meeting and talking by phone, with residents, ratepayers and visitors from out of town, about possible subdivision and development within the district. 212

Other Information Subdivisions The larger subdivisions created earlier in the year are virtually sold out which is keeping building consents at a very high level, all of which are checked by planning staff.

Two larger subdivision applications are presently being processed and when finalised will create 221 new allotments.

Developments Kandahar has almost completed the first stage of their development (12 units), the next stage is a community hall for use by residents and visitors.

Submissions The two submitters on the Iorns Street affordable housing development have both withdrawn their submissions as a result of conditions agreed at the pre‐hearing meeting between the submitters and the applicant.

Service Requests Service requests involving potential non‐compliance and Official Information requests add to a considerable workload.

Community Facilities and Activities The Parks and Open Space Strategy The Strategy is progressing well with high engagement from iwi, hapu and marae, providing valuable feedback.

Grants The Community Wellbeing Grant and Community Events Fund applications were deliberated on by the Awards and Grant Committee at a meeting on 16 September. Round one of the Community Wellbeing Grant funding allocated was $120,530 to 33 applications and to date $33,328 has been allocated to events from the Community Events Fund. Round two for the Community Wellbeing Grant opens on 18 January and closes on 12 February 2021.

The Masterton Arts Fund 2020/21 funding has been allocated. Three applications were received and the $12,000 was allocated to these projects; Mrs Kaipaoe Te Tau oil painting reproduction by Samuel Te Tau, Yarns in Barns Reading Festival and a new set of outdoor poems installed on buildings in the Masterton district.

Kaitakawaenga

Marae Renovation Fund Six Wairarapa Tīpuna Marae will receive a total of $2.1m under this government fund, which has been divided up between each marae. 213

The marae are:  Motūwairaka Marae (Riversdale)  Tūmapuhia‐a‐rangi Marae (Homewood)  Te Ore Ore Marae (Masterton)  Hurunui‐o‐rangi Marae (Gladstone)  Pāpāwai Pā (Greytown)  Kohunui Marae (Tuhirangi)

Currently most of the marae are taking limited bookings due to building deterioration. This project will begin in November this year.

Iwi/Māori Engagement and Cultural Engagement Engagement is increasing with more projects coming from the Council. Locally and Regionally there is a higher need for engagement with Iwi/Māori.

On Monday 12 October an engagement hui was held with interested Iwi/Māori parties to discuss the Parks and Open Spaces Strategy and included a kōrero from the Projects team. This was followed by one on one kōrero between the Kaitakawaenga and participants to discuss further broader council engagement and progress working together on council kaupapa.

There are more requests coming through for cultural engagement too.

It is great to see the amount of tikanga and kaupapa wanting to be thread through council business.

Library and Archive The Library has seen a steady increase in visitor numbers with the return to Alert Level 1 and is now averaging 355 per day in October, in comparison to 223 in September. The current trend is showing a return to an average of over 500 per day. The community has welcomed the easing of restrictions and with that the return to programming and the availability of computers once more.

The final paperwork has been signed and job descriptions have been prepared for the two positions funded by the Libraries Partnership Fund. Advertising of these positions is about to begin.

The Library took part in the Yarns in Barns Reading Festival, hosting two events and supporting with the preparation of the festival programme. The first event was on Saturday 10 October with the launch of “The Little Doctor” which is the autobiography of Guy Schofield. This was followed on Monday 12 October by Pipi’s Pizza Party, Illustration Workshop and Book Signing. Both events were well attended, with a wide range of people attending, including some from out of the district.

Properties and Facilities Hood Aerodrome

Strategic Advisory Group The inaugural meeting of the Hood Aerodrome Strategic Advisory Group was held on 1 October. 214

The group is chaired by Garry Goodman and includes members from each local council and other leaders in the community.

The first meeting was very positive, and the group had a broad ranging discussion on the value of the aerodrome including resilience and the current services.

The next meeting will be on the 30 October with an early goal to provide strategic guidance for the review of the Hood Aerodrome master plan that is being progressed as part of the Hood Aerodrome shovel ready project.

Safety The near‐term focus for safety management and the safety committee is preparation for the summer season of activities and events. This includes updated and new safety procedures and working with operators for their safety plans and site‐specific risk management. The operators include gliding, Wairarapa Flying Tigers, Vintage Aviator, The National Aerobatics Championships and Wings Over Wairarapa and the Wairarapa Aeroclub. An agreement is being prepared between Masterton District Council and the Wings Over Wairarapa community trust that will include an independent expert review of the safety plans. We anticipate this can be used as a model for other events.

The safety workplan that was approved by Council in November of 2019 has completed many of the significant tasks including the closure of a short grass runway, realignment of taxiways, changes to the published procedures for the aerodrome, a new automated weather briefing system for pilots, structured aerodrome inspections and more regular Safety Committee meetings with improved systems and processes. A detailed update will be provided to the Audit and Risk Committee meeting on 18 November 2020.

The Funding Agreement with the Crown has been signed and the Hood Aerodrome Infrastructure project is now addressing safety and security issues including fencing on Moncrieff Drive and improvements to the fueling facilities for Avgas and Jet A1.

The first stage of the deep sewer water and electrical services upgrade has commenced at Moncrieff Drive and the new hangar expansion area is scheduled to be completed by the end of October. The initial works on the security gate and lighting/ future camera poles works has commenced, again with a completion by month end. Consultation regarding gate automation and security fencing is currently underway.

AIMM Data on movements at Hood Aerodrome Each month Masterton District Council receives a report on landings at Hood Aerodrome. This is used for landing charges, investigation of incidents and provides useful information on activity. The system provided important information for investigating the accident in June of 2019.

For the month of August there were 1,418 recorded landings at Hood Aerodrome. During COVID‐19 the agriculture aircraft and Life Flight continued to operate however April this year was very quiet. Despite this the year to date landings is just over 8,000 and well up on last year. 215

Facilities Senior Housing ‐ three units have been fully refurbished and three more are under renovation at Panama. A house alarm was installed in Panama Homestead for safety reasons.

Rental Housing ‐ new tenants for 210 South Road move in on the 7 November 2020.

Colin Pugh Sports Bowl ‐ replacement of the High Jump Fan and repair work to the running surface (back straight) is on schedule and due for completion mid‐October. Athletics season is about to commence, and these works were scheduled to minimize impact to athletes and their clubs. Wi‐Fi for the CCTV cameras has been installed allowing mobile viewing of the camera network via the Hikvision App by staff.

Memorial Park ‐ draft plans for Earthquake strengthening have been received from the engineer and are currently being peer reviewed, plans and images sent to Rawlinson’s.

Toilets: o Henley Lake ‐ now fully completed with planting and grass establishing well o Queen Elizabeth Park ‐ work now completed to Mini Putt toilets o Castlepoint – currently in final stages of construction with floor coating, internal fit out in progress. Landscaping, path and access ways are to be completed ready for a ‘soft opening’ (ready for use) in November. An official opening is currently being planned for late November.

Belgravia Leisure and Recreational Services ‐ Contractors Recreational Services Overall, the contract continues to progress well allowing the management team to move to a more forward‐looking lens on annual and long‐term budgets and continuous improvement. Recreational Services have noted the non‐typical weather this year has affected this spring’s growing patterns giving further support to consideration of longer‐ term solutions for water sustainability. 216

Operationally Recreational Services responded efficiently to clean up September’s storm damage and are now working hard during the busy period leading up to Christmas.

Trust House Recreation Centre Closure of the back pool has not bought about the hoped‐for energy cost savings. However, Belgravia Leisure advised revenue has been reasonably positive in recent months.

COVID‐19 Alert Level 2 restrictions affected the overall visitor numbers for September, approximately 50% down compared to the same month last year. The greatest reduction was in pool visits at 2,772 compared to 8,250 in September 2019. Conversely their childcare school holiday programme started 28 September and has been well supported with an increase in numbers.

Mawley Park Council’s Finance team and Belgravia Leisure reached agreement on the management fee (profit share where contractor exceeds revenue target) for the year ended 30 June 2020. This is a great result for the first year of operations. September was a quieter month, which is typical for this time of year and exacerbated by three weeks at Alert Level 2. However, figures held well compared to the previous month, with an increase of over $4,000 compared to the same month in 2019.

Damp proofing and new carpet to cabins is currently being undertaken and we are scoping improvements to internal roading, powered site pillars and water services to camping sites.

Parks and Reserves Spring turf renovations have been completed on schedule. Due to COVID‐19 and the mild winter, we redirected savings into the turf drainage upgrade project at Douglas Park.

Parks and reserves tree planting projects were completed on time and additional trees were planted in Queen Elizabeth Park, Henley Lake and Taranaki Reserve (which will open on the 21 of October).

Wilderness plantings were also our main focus, with 6,000 eco‐sourced re‐veg plants being planted on the Lansdowne Recreational Trail, Waipoua River, Wairua Reserve and Henley Lake. To complement the Wairua plantings, Recreational Services were able to secure sponsorship paint from Resene and a community group will complete the painting of the boundary fence. Site works from Wairua Reserve to the back of McJorrow Park has been completed and is now ready for the recreational trail extension works. We are now awaiting contractor availability.

Support was provided for ten community‐led planting days and we have observed increased interest and volunteers attending planting days.

Events: Birth to Earth ‐ on 12 September approximately 50 family members, both young and old, were in attendance at the Birth to Earth placenta burial ceremony at Henley Lake. The Ceremony was opened with a karakia and waiata by Tia Tuuta (MDC Kaitakawaenga), followed by our Mayor and then a 217 beautiful poem from Mrs Wheeler (who established Birth to Earth here in Masterton). Families were then provided the opportunity to pick a burial site for their placenta. In total nine placenta were buried in the garden.

Upcoming Events:

o 31 October 2020 ‐ HalloWhere at Queen Elizabeth Park Island o 11 November 2020 – Mayor’s Taskforce for Jobs at the Copthorne Hotel and Resort Solway Park o 2 – 9 December 2020 – Pack the Bus (locations to be determined) o 18 – 21 December 2020 – Christmas Island event on Queen Elizabeth Park island o 6 February 2021 – Waifest at the Queen Elizabeth Park oval o 15 February 2021 – Civic Awards at the Copthorne Hotel and Resort Solway Park

Rangatahi Strategy The strategy and action plan revamp planning is underway and a youth survey is being designed and questions prepared. We have made contact with Porirua and are looking to learn from them and their youth strategy and survey.

Shift Term 3 saw us reach eight different groups of young women. In collaboration with the Wairarapa Boxing Academy a school holiday program has also been completed and we are forecasting to achieve all KPIs by end of Term 4.

Compliments & Complaints From 1 September to 16 October, no official complaints have been received.

Eleven compliments have been received, ranging from:

 Thank you to staff for their help and knowledge with the payment of rates and setting up direct debits.  To Library Staff – “Daffodil Day 2020 was a huge success and we wish to thank all the team at Masterton District Library for your support and participation in the Daffodil Campaign and the Schools Card Design Competition”.  Water Treatment Plant Staff – “I would like to take this opportunity to congratulate the WWTP team for operating and managing the Homebush WWTP. Staff often discussed the Homebush upgrades over the years but until earlier this year I had never been to the site. When I finally visited the WWTP site I was totally unprepared for what a “state of the art” amazing upgrade and concept it was to view.  Customer Service Specialist – “Many thanks for your phone call today fast service and great to hear it will be repaired in the next couple of months, thank you and the council, great service”.

Service Requests Over the 1 September to 12 October period, Council has received 948 service requests. 358 of these remain open. One out of the total number of service requests have come via an elected member and the remainder have come from the public. 218

The types of service requests received are for the full range of Council activities such as footpaths, streetlights, rural water meters, recycling, roading, water leaks, dogs (microchipping) etc.

Communications and Marketing Topical Issues There are a number of issues generating discussion at a national and local level: ‐ Radio New Zealand (Phil Pennington) has investigated the use of plastic “flexitanks” and the amount being sent to landfill. Wasteminz and MfE did not have any information to provide. Related to this, consultation around the proposed Wairarapa Solid Waste and Waste Minimisation Bylaw is planned for November. ‐ In the lead‐up to the election, National and the Green Party announced policies on freedom camping. The Council is calling for new rules as part of a proposed bylaw. Initial feedback to its proposed new rules received some pushback on social media, given the current lack of tourists. Freedom camping is not a significant issue within the Masterton District. ‐ A court case over an earthquake‐prone building in Wellington (Adelaide Hotel) is keeping the legislation in the media. ‐ Various impacts of COVID‐19 on councils have been reported. Porirua City Council had to pay back money received in the wage subsidy scheme and Transport has announced a further restructure of staff, impacting 100 jobs. ‐ A new documentary about the architecture of social media and its effect on users has prompted discussion about how appropriate it is as communications channel. Stuff discontinued its use of Facebook in July after an initial hiatus following the 2019 mosque attacks. Masterton District Council aims to get information to the community in the form that is most appropriate for them. Facebook continues to be a well‐used channel.

Communications Activity eRates During October, the council is running a promotion to increase sign‐ups to the emailed rates service. At the start of the campaign there were around 3,000 properties signed up to receive rates notices via email. A campaign was developed encompassing radio and print advertising, and social media posts. At the time of writing, the campaign has increased numbers receiving emailed notices by 25 per cent (about 800 further properties). Communications objectives for the campaign have been surpassed with: ‐ media coverage in the Times‐Age, Dominion Post and Wairarapa Midweek ‐ traffic to the rates webpage close to meeting the pageview objective halfway through the month ‐ social media posts reaching 2,200, generating 300 clicks through to the website page. 219

Recreation trail signage The Communications and Marketing and Community Facility and Activities (CF&A) teams have been collaborating on plans to increase information and wayfinding signage along Masterton’s recreation trails. The first phase of this project focuses on the trails along the Waipoua river and Henley Lake. To the right is a concept image of the information signage which is intended to be in place before summer.

Henley Lake levels Planning is underway to develop educational communications explaining the impacts of low river levels on Henley Lake. This will involve interactive signage and a video about the water course from the river. Depending on how the lake performs over summer, investment may also be made in radio and print advertising.

Events marketing The team is supporting CF&A to promote involvement in events around Halloween ‐ the Halloween Island at Queen Elizabeth Park (750 people have registered interest) and participation in the HalloWHERE map.

Antenno Driven by the need to find new ways to update our community on water restrictions, the team investigated the Antenno app used by various councils around the country. Antenno enables councils to “push” out information to people who have the app loaded on to their phones, including targeting specific areas. It is regularly used by other councils to notify residents about road closures, rubbish and recycling days, consultation opportunities, etc. It also includes a “Report it” feature where people can submit service requests along with photos and a GPS tag to pinpoint the location. The Strategic Leadership Team agreed to implement the app. We expect to have it ready for download by the end of the year. A plan for encouraging sign‐ups is also being developed.

Hood aerodrome awareness The Mayor addressed some key questions we are receiving about the investment in Hood Aerodrome via a video on Facebook. The intent was to pitch the video in a way that answered the questions but 220 also achieved an appropriate tone and level of production (e.g. not too corporate, accessible, cost‐ effective appearance). The post reached more than 2,000 people and attracted an engagement rate of 6 per cent (percentage of people who saw the post and engaged with it through a click, like or share). Further work is underway to ensure the investment in Hood Aerodrome is being communicated effectively.

Water conservation Communications around water conservation will start in November, with radio advertising shared with Carterton and South Wairarapa District Councils. We’re also investigating increased signage and real‐ time digital communications of the Waipoua River level at our Queen Street office. Plans for communicating water restrictions, once they come into effect, will focus on radio and print advertising, website and social media updates and direct emails. Once the Antenno app is available for download, it will be used as a key channel, but numbers using the app are likely to be small for this summer.

Internal communication A review of the way we share information with staff internally has prompted some changes. About 60 per cent of staff regularly engage with information via email. Other ways to share news are being explored.

Other Council insights The team has joined a rural provincial network of communications professionals to share learnings and collaborate on tackling shared challenges. Other members of the network include Timaru, Central Otago, Clutha, Waitaki, Gore, Waipa, Central Hawkes Bay, , Hurunui, and Westland district councils.

The team has also been invited to visit the City Council communications team, which won this year’s overall prize in the Public Relations Institute of New Zealand Awards.

Media September was a slightly quieter month in terms of media queries, though with total of around 30 these still averaged more than seven a week. The requests for information increased in October

 Earthquake  Mākoura  Information on a range of council activities was proactively released and resulted in positive coverage, including work with Greater Wellington Regional Council to install three gabion cages as eel habitat on Waipoua Stream.  The announcement of an architect appointed for the animal shelter was also well covered in the Times‐Age, and there was extensive coverage of the hearing into the future of the Opaki Water Race.  A comment piece on the basis for forecast economic benefits from infrastructure work at Hood Aerodrome highlighted the desirability of further information being provided about the work.  As noted above, work is underway to ensure the investment and rationale for it is clearly communicated. 221

 In September, more than 170 articles featuring the council appeared, in print and online, primarily in the Times‐Age and Midweek, but also in the Dominion Post. The majority were neutral in tone.

Digital Communications Website improvement project We have been interviewing people for our website project to understand how they interact with the website and any challenges. A total of ten people have been interviewed, which included observing their use of the website. Participants include: ‐ four older people ‐ two with English as a second language ‐ two with visual impairments ‐ two members of the general public without any processing challenges.

The following themes have been discovered: ‐ There is a general preference to land on the homepage and navigate from there rather than Googling a specific page. This demonstrates the importance of having a simple, easily navigable homepage. ‐ People liked using the search bar as a navigation tool but reported some difficulty navigating from the results or a lack of relevant results. This tells us we need to improve our search functionality to provide people with a better experience when they’re using their preferred method of navigation. ‐ It was generally agreed that the text size and font style was easy to read, our low‐vision interviewees use magnifying technology or zoom to make content big enough to see and rely on high contrast between text and backgrounds to make out what is written. ‐ Most people thought topical information should be easier to find on the homepage. This includes information about water restrictions, road closures and other time‐sensitive information. ‐ Everyone was using multiple devices to access the site, including phones, tablets, laptops and desktop computers. ‐ Assistive technology like Readspeaker was very useful to those with low vision but they reported that it was hard to find or know that it was an option. Others were using voice over tools in their own devices to listen to webpages. ‐ It was felt that there were many things competing for attention on the homepage. ‐ Clicking the logo to go to the homepage was not a well‐known convention, especially for older people, which means we need to implement a more obvious home button.

The next step in the project is to develop a prototype that addresses these issues. This will again be tested with the interviewees to ensure it is fit for purpose.

Usage of the website remains stable at 11,000 sessions from 7,600 visitors during the month of September. The most popular pages were again rates, the combined district plan, and online maps. 222

Social media As the busy summer events season nears, the number of posts is increasing, which has an impact on the level of engagement.

Several videos have been created for Facebook and Instagram, including one for Te Wiki o te Reo Māori that showed council staff teaching us how to order coffee in te reo. This was received positively.

The audiences on both MDC and MyMasterton are steadily growing and our engagement rate remains above 2 per cent.

Email marketing The October Masterton Monthly Wrap email had higher open and click‐through‐rates than the four preceding editions, most likely due to the eRates incentive. The email list has grown to 3,691 contacts.

Local Government Official Information and Meetings Act Requests During the months of August and September, Council received sixteen Local Government Official Information Act (LGOIMA) requests, all of these requests have been closed with zero withdrawn. None have been transferred to another organisation or resulted in a complaint to the Ombudsman. The average response time for the month of August is 11.75 working days and September is 14.8 working days. Requests and responses are in the process of being made available on the Council website

https://mstn.govt.nz/council‐2/official‐information‐act‐requests/

Period

No. Responded Ave time > 20 days No. Working outstanding days April 2020 6 (note some 100% 15 1 0 information was only able to be retrieved from sites after entering Alert Level 2) May 2020 6 (note some 100% 10.1 1 0 information was only able to be retrieved from sites 223

after entering Alert Level 2) June 2020 2 (note there 100% 14 0 0 was an additional request that was received in June however the request was amended on 8 July, therefore it will fall into the next round of reporting). July 2020 12 100% 10.8 0 0 August 2020 8 (one 100% 11.75 0 0 request was denied due to substantial collation or research) September 2020 8 100% 14.8 0 0

Staff Health, Safety and Wellbeing Mental Health Awareness Week During Mental Health Awareness Week (21 September to 25 September) the Strategic Leadership Team took the opportunity to invite local wellbeing experts Sarah Donaldson and Sarah Percy from TEA to run a workshop for the MDC team about protecting and supporting mental health. TEA stands for Think, Eat, Act. The TEA team took Council staff through some practical, proven, down to earth advice about how to improve personal wellbeing. The workshop was well subscribed, and well received by the MDC team.

Personal Safety and Dealing with Conflict On 21 and 22 September 24 MDC staff took part in Personal Safety and Dealing with Conflict training. The Personal Safety session focused on:

 Personal safety risk level;  Identifying the risks;  Assessment and mitigation strategies; and  Situational awareness when working off site.

224

The session about dealing with conflict focused on:

 Increasing understanding of the components of conflict, particularly personality and anger;  Exploring empathy, listening and communication;  Equipping people with a process for de‐escalating conflict;  Understanding how individuals would react in an incident; and  Developing a personal disengagement plan.

Due Diligence training On 25 September, the Strategic Leadership Team (SLT) took part in Due Diligence: Health and Safety training which focused on the legal duties of SLT members, workers, contractors, and other stakeholders and legal implications as a Person Conducting a Business or Undertaking (PCBU).

Financial Report The audit of the 2019/20 Annual Report has progressed well, with the audit team finishing their on‐site work on Friday 23 October. Currently, the target is to have a special meeting of the Council on 18 November to adopt the report. Copies of the full report will be circulated to elected members once any changes that arise out of the audit process are finalised.

Council Project Delivery Programme 225 Summary of current status of all projects within Project Delivery Work Programme. As at: Wednesday, 21 October 2020 Current Status & Next Milestone At a Glance Status

Completion Risk

Ref Profile Stage Project Name Date RAG Trending Executive Summary Scope Programme Financial Resource Stakeholder & Comms Benefits Commentary P|001 High Initiation Civic Centre 2026 works need A The Civic Centre (Town Hall & Municipal Building) has been closed since AAAGGAWe have had external consultants working on the data and information that will form part of to be completed 2016 due to earthquake damage. There have been numerous suggested the options analysis report for council. The consultants we have engaged include quantity on the existing replacements for the traditional style Town Hall with options focusing on a surveyors, demand analysis expertise, and valuations of the potential sites we are exploring. building to multi‐use, fit for purpose, modern events centre with the capacity to host a There has been a significant change in the scope of the project since initial project and remedy variety of events. With no similar capacity venues in the surrounding region supporting budget figures were established. The scope now details a much more ‘multi‐ earthquake this is an opportunity for Masterton to design and construct a new facility purpose’ facility with the potential for features such as the library and a café, and also the damage which will benefit the immediate and surrounding communities now and for exploration of new locations which will include strategic land acquisition. The options analysis the future. report will highlight the potential new cost envelope for Councillors to review in the coming months.

P|002 High Implementation Town Centre Q4 2021 first G Creating a vibrant and thriving town centre that will attract residents and GGAGGGThe tender for the main contractor went live in September and will close on the 15th of phase lower visitors. A revitalised town centre will also encourage further private October. The tender evaluation team is set to meet the last week of October following Queen Street investment in the area. This is a staged programme of works with Lower individual scoring and a recommendation for council will be formed ready for approval early completed Queen St being the first of a 10 stage development. November. We have advertised locally for specialist engineers and fabricators who may have the capabilities to design, develop and manufacture street furniture for both the Town Centre and skatepark projects. We have had significant interest with over a dozen suppliers register interest. In early October we will be assessing the registrations and formulating a plan for next steps for the procurement. We have undertaken a 10‐year planning exercise for the Town Centre and other complementary projects. This plan illustrates the options for programming the design and construction works over a 10‐year period and the necessary investment to deliver the work programme. We will be discussing this with council as part of the LTP workstream in the coming month.

P|003 High Implementation Animal Shelter Q4 2021 G The Masterton District Council Animal Shelter does not currently fully meet GGAGGGFollowing a closed tender, we have appointed a local Wairarapa architect Aspect Architecture the legislative requirements and it is essential that the facilities are to design the new facility. We have a series of design workshops prpgrammed over the upgraded. Improvement is necessary for the welfare of staff, the animals coming months in order to progress the design work quickly. We will look to undertake early under their care and visiting public retrieving their animals. concept estimates in order to gain assurance and certainty around the budget figure that we currently have allocated. There is a chance that we may see an increase in the agreed budget following the engagement of an architect and more accurate costings are produced and evaluated. P|004 High Implementation Skatepark Revamp Q4 2021 G The skatepark needs refurbishment and the community has led the AGGGGGRich Landscapes have finalised the developed design for the skatepark redevelopment. The development of this project and how the skatepark could be improved. The design now maximises the potential budget while still ensuring we have appropriate revamped park will proved new experiences for our local families, a safe, contingency. There are two features (pump track and shelter) that was raised by the welcoming environment for our rangitahi, an option for those not into team community that is unable to be accommodated in the current budget. We intend to develop sports, minimise damage to public and private property (by providing a and take a business case to council in the coming month to present the option for funding the challenging environment for those wanting one), as well as becoming a additional work as part of the redevelopment. This work can also be deferred. We are looking regional attraction for visitors, with spin off benefits as visitors spend money to engage the preferred supplier for the substantive and complex work in the facility through within the community. an early procurement process. For the youth social enterprise cafe/hub we are awaiting some indicative costings for the design and installation and intend to develop a separate business case for council to review for this optional part of the project. Funding for these two additional pieces of work will be in addition to the $1.3mill Crown Infrastructure funding.

P|011 High Initiation Hood Aerodrome 2025 G To meet current demand and enable further economic and business GGGAGGWe have interviewed a number of potential suppliers to complete the master planning investment critical infrastructure improvements are required. The Hood exercise ahead of a formal procurement process in the coming month. We are now finalising Aerodrome is a 5 year multi‐stage project which includes security upgrades, the scope of this work and developing the RFQ documentation. Over the last month the sewer infrastructure upgrades to allow for expansion and to support current main upgrade has progressed to get water sewer and data / power duct across the Moncrieff hangers, widening and eventually lengthening the runway. Drive. New automated gates and security fence work is progressing in response to the recommendations raised during the security review. We have implemented regular email updates to Hood users to ensure everyone is kept up to date on the infrastructure upgrades and construction work.

21/10/2020 Page 1 At a Glance226 Status

Completion Risk

Ref Profile Stage Project Name Date RAG Trending Executive Summary Scope Programme Financial Resource Stakeholder & Comms Benefits Commentary P|018 Med Initiation Henley Lake Dump Station Feb‐21 G There is currently only one dump station in Masterton and this is located at GAGGGGDuring September it was discovered that the original site by Henley Lake toilets had some high Mawley Park. The Mawley Park dump station does not operate 24/7 and has risks associated with the pumped sewer main and the risk with stormwater over flow resulting constraints for access and turning for larger motorhomes. Henley Lake is an in costly clean ups and environmental risks. There were two other locations investigated; one unofficial freedom camping site and currently people are illegally dumping up by the Men’s Shed on Colombo Road, (which did not need to be pumped), and oneat behind the toilet block which is a H&S hazard and problematic for the Nursery Road at the commercial dumping area. Both areas are owned by Council. Acceptance Council. The new dump station would operate 24/7 and would provide for has been granted, in principle by the Henley Lake Trust for the Colombo Road option as it uses more motorhomes to travel to the region. the overflow carpark are and does not impede other users. We have prepared our procurement documentation for both the design and construction, and following final approval from iwi consultation we plan to issue our RFP's.

P|020 High Initiation Waipoua Bridge Q2 2021 G N/A To deliver a pedestrian, cyclist and wheeled user (pushchairs, wheelchairs AGGGAG This project has recently been transitioned to the Project Delivery Team and funding has etc.) bridge over the Waipoua river, in close proximity to the Town Centre recently been approved. We are taking the original concept design and preparing and Queen Elizabeth Park. The bridge will enable users to complete a short procurement documentation for a closed design and build RFQ. We are reveiwing the original loop circuit utilising our existing recreation trails bridge and provide location and consulting with Greater Wellington Regional Council, iwi, and the Waipoua additional access and connection to Colombo Road and Henley Lake. Action Group to ensure the proposed alternative location is suitable. The original location presented issue with the positioning of the anchor points, and the new proposed location will give council more scope and flexibility in both the design and construction phase.

P|021 Low Initiation Playground Health & Safety Audit Q4 2020 A N/A AAAAGG This project has recently been transitioned to the Project Delivery Team and we have spent To ensure that the playgrounds managed by MDC meet modern safety some time 'ground truthing' to determine what work has been completed and what is still standards and community needs, including accessibility, and the results of outstanding from the 2017 health and safety audit. The next step is to confirm what the the 2017 health and safety audit are addressed and remediated approach and timing is for some of the more substantial outstanding work like removal and replacement of aparatus across the playgrounds. Open but non-active projects P|010 High Pre‐initiation 5 Towns Trail TBC G A trail linking the five Wairarapa towns, Featherston, Martinborough, n/a n/a n/a n/a n/a n/a No new update. Greytown, Carterton and Masterton. The Trail will be a significant new experience readily accessible from Wellington City and offering a great experience of the Wairarapa. Bridge infrastructure is key to crossing various rivers and some other trail work and road alignment will be required.

P|017 High Initiation Henley Lake Water Consent 2020 G The previous resource consent for Henley Lake water take has allowed n/a n/a n/a n/a n/a n/a No new update. water to be take below the 'minimum flow'. The lake is dependent on the water taken from the Ruamahanga river however changes to national and regional policy statements mean that the likelihood of future consent that would allow water to be taken at low flow is unlikely.

P|019 Med Pre‐initiation Queen Elizabeth Park Lake 2023 G The current consent is due to expire in 2023. We will need to explore n/a n/a n/a n/a n/a n/a No new update. alternative water sources and the option for lining the lake as part of this project

21/10/2020 Page 2