Agenda of Ordinary Council Meeting

I give notice that an Ordinary Meeting of Council will be held on:

Date: Tuesday, 15 December 2020 Time: 1.00pm Location: Council Chamber 107 Heuheu Street Taupō

AGENDA MEMBERSHIP Chairperson Mayor David Trewavas Deputy Chairperson Cr Christine Rankin

Members Cr John Boddy Cr Kathy Guy Cr Tangonui Kingi Cr Kylie Leonard Cr John Mack Cr Anna Park Cr Kevin Taylor Cr Kirsty Trueman Cr Yvonne Westerman Cr John Williamson

Quorum 6

Gareth Green Chief Executive Officer

Ordinary Council Meeting Agenda 15 December 2020

Order Of Business

1 Apologies 2 Conflicts of Interest 3 Confirmation of Minutes 3.1 Extraordinary Council Meeting - 23 November 2020 ...... 3 3.2 Ordinary Council Meeting - 24 November 2020 ...... 4 4 Policy and Decision Making 4.1 Consideration of Kinloch Representative Group Recommendation to Amend the Operational Hours for Central Kids Kindergarten Trust ...... 5 4.2 Consideration of Turangi/Tongariro Community Board Recommendation: Turangi Volcanic Activity Centre Replacement Lease ...... 6 4.3 Adoption of the Annual Report 2019/20 ...... 7 4.4 Tender TDC/2021/352 Acacia Bay Water Supply Upgrade & Shared Path Renewal ...... 10 4.5 Waiora House Project - Request for Unbudgeted Expenditure ...... 14 4.6 Fees and Charges - AC Baths Private Pools ...... 19 4.7 Health and Safety Report ...... 22 4.8 Draft Asset Management Plans ...... 27 4.9 Nukuhau Private Plan Change ...... 30 4.10 Adoption of Bylaws for Public Consultation ...... 34 4.11 Adoption of the Class 4 Gambling and TAB Venue Policy 2020 ...... 39 4.12 Adoption of the Transport Strategy ...... 41 4.13 Council Engagements January and February 2021 ...... 43 4.14 Members' Reports ...... 44 5 Confidential Business 5.1 IRONMAN New Zealand - multi year contract extension (2021-2026) ...... 45

Page 2 Ordinary Council Meeting Agenda 15 December 2020

3.1 EXTRAORDINARY COUNCIL MEETING - 23 NOVEMBER 2020

Author: Shainey James, Democratic Services Officer Authorised by: Tina Jakes, Head of Democracy, Governance and Venues

RECOMMENDATION(S) That the minutes of the extraordinary Council meeting held on Monday 23 November 2020 be confirmed as a true and correct record.

ATTACHMENTS 1. Council Meeting Minutes - 23 November 2020

Item 3.1 Page 3 Ordinary Council Meeting Agenda 15 December 2020

3.2 ORDINARY COUNCIL MEETING - 24 NOVEMBER 2020

Author: Shainey James, Democratic Services Officer Authorised by: Tina Jakes, Head of Democracy, Governance and Venues

RECOMMENDATION(S) That the public and confidential portions of the minutes of the Council meeting held on Tuesday 24 November 2020 be confirmed as true and correct records.

ATTACHMENTS 1. Council Meeting Minutes - 24 November 2020 2. Council Meeting Minutes - 24 November 2020 - confidential portion

Item 3.2 Page 4 Ordinary Council Meeting Agenda 15 December 2020

4.1 CONSIDERATION OF KINLOCH REPRESENTATIVE GROUP RECOMMENDATION TO AMEND THE OPERATIONAL HOURS FOR CENTRAL KIDS KINDERGARTEN TRUST

Author: Raeleen Rihari, Democratic Services Support Officer Authorised by: Tina Jakes, Head of Democracy, Governance and Venues

PURPOSE To consider a recommendation from the Kinloch Representative Group to amend the authorised operational hours for the Central Kids Kindergarten Trust.

DISCUSSION At its meeting on November 26, 2020, the Kinloch Representative Group considered a request from the Central Kids Kindergarten Trust to change the hours of operation on Tuesday mornings and subsequently made the following recommendation:

KIN202011/01 RESOLUTION Moved: Ms Belinda Walker Seconded: Ms Renee des Barres That the Kinloch Representative Group recommends to Council to approve a replacement licence to occupy for Central Kids Kindergarten Trust for the Kinloch Community Hall up to 1 December 2021 subject to appropriate terms and conditions. The Kindergarten may cater for up to 25 children during the following operating hours subject to obtaining all appropriate consents: Monday - 11.00am-3.30pm Tuesday. - 8.30am-2.30pm Thursday - 8.30am - 12.30pm Friday 8.30 am - 2.30pm. CARRIED

CONCLUSION It is recommended that Council considers the request to change the Central Kids Kindergarten hours of operation and approves a replacement licence as set out in the above resolution KIN202011/05.

RECOMMENDATION(S) That Council approves / declines the request for a replacement licence to occupy for Central Kids Kindergarten Trust for the Kinloch Community Hall up to 1 December 2021 (subject to appropriate terms and conditions) and, subject to the Trust obtaining all appropriate consents, authorises the Kindergarten to cater for up to 25 children during the following operating hours: Monday 11.00am-3.00pm; Tuesday 8.30am- 2.30pm; Thursday 8.30am-12.30pm; Friday 8.30am-2.30pm.

ATTACHMENTS Nil

Item 4.1 Page 5 Ordinary Council Meeting Agenda 15 December 2020

4.2 CONSIDERATION OF TURANGI/TONGARIRO COMMUNITY BOARD RECOMMENDATION: TURANGI VOLCANIC ACTIVITY CENTRE REPLACEMENT LEASE

Author: Raeleen Rihari, Democratic Services Support Officer Authorised by: Tina Jakes, Head of Democracy, Governance and Venues

PURPOSE To consider a recommendation from the Turangi/Tongariro Community Board for a replacement lease for the Volcanic Activity Centre.

DISCUSSION At its meeting on December 1, 2020, the Turangi/Tongariro Community Board considered a request from Thermal Activities Limited for a replacement lease (refer Attachment 1 to review the report) for part of the Turangi iSite building to enable the continued provision of the Volcanic Activity Centre (VAC). The members also had the opportunity to hear from the leasee / VAC owner, Mr David Wallace, who had received prior approval from the board chair to address the meeting. Discussions ensued and the below resolution was subsequently agreed:

TT202012/01 RESOLUTION Moved: Cr John Mack Seconded: Mr Clint Green That the Turangi/Tongariro Community Board recommends to Council that it does not enter into a replacement lease agreement with Thermal Activities Limited for the purpose of operating the Volcanic Activity Centre and exit arrangements are negotiated with the tenant. CARRIED

CONCLUSION It is recommended that Council considers the recommendation from the Turangi/Tongariro Community Board as set out in resolution TT202012/07.

RECOMMENDATION(S) That Council either: Does not enter into a replacement lease agreement with Thermal Activities Limited for the purpose of operating the Volcanic Activity Centre and exit arrangements are negotiated with the tenant. (as recommended by the Turangi/Tongariro Community Board set out in resolution TT202012/07); or Enters into a replacement lease with Thermal Activities Limited for the purpose of operating the Volcanic Activity Centre at peppercorn rental of $1 a year for the next two years with a right of renewal for two years provided commission on ticket sales is increased from 15 percent to 40 percent.

ATTACHMENTS 1. TTCB 01/12/20 agenda report: To Consider a Request for a Replacement Lease for the Volcanic Activity Centre at 1 Ngawaka Place, Turangi

Item 4.2 Page 6 Ordinary Council Meeting Agenda 15 December 2020

4.3 ADOPTION OF THE ANNUAL REPORT 2019/20

Author: Tanya Wood, Policy Advisor Authorised by: Alan Menhennet, Head of Finance and Strategy

PURPOSE To adopt the Annual Report 2019/20.

EXECUTIVE SUMMARY Section 98 of the Local Government 2002 requires Council to formally adopt the Annual Report 2019/20.

The Annual Report is the key public accountability document that compares Council's actual performance for the year against its forecast in the Annual Plan.

A workshop was held on 8 September 2020 to allow Council the opportunity to review the draft Annual Report and receive an update on the information contained in the report.

The Annual Report 2019/20 will be separately circulated or tabled at the meeting.

RECOMMENDATION(S) 1. That Council adopts the Annual Report 2019/20. 2. That Council adopts the Summary Annual Report 2019/20.

OPTIONS Analysis of Options There are two options available. Option 1 – adopt the Annual Report 2019/20 Advantages Disadvantages • Council will meet legislative requirements. • None

Option 2 – do not adopt the Annual Report 2019/20 Advantages Disadvantages • None • Council will not meet its legislative requirements. Analysis Conclusion: Option 1 is the preferred option because it will allow Council to meet is legislative requirements.

CONSIDERATIONS

Alignment with Council’s Vision Council’s vision is ‘to be the most prosperous and liveable district in the North Island by 2022’. This is accompanied by a core set of values to underpin decision-making, the following of which are relevant to this particular proposal: World Class; Authentic; Charming; Vibrant; Quality; Resilient and Value.

Financial Considerations The Annual Report 2019/20 details Council’s financial performance over the period 1 July 2019 to 30 June 2020.

Item 4.3 Page 7 Ordinary Council Meeting Agenda 15 December 2020

Legal Considerations Local Government Act 2002 Council is required to adopt the Annual Report 2019/20 in accordance with the requirements of the Local Government Act 2002.

Policy Implications There are no known policy implications. Māori Engagement Council is bound by various Acts to consult and/or engage with Māori, including a duty to act reasonably and in good faith. Equally, Council has a responsibility to develop and proactively foster positive relationships with Māori as key stakeholders in our district, and to give effect to the principles of Te Tiriti ō Waitangi including (but not limited to) the protection of Māori rights and their rangatiratanga over tāonga. While we recognise Māori in general, we also need to work side by side with the three ahi kaa / resident iwi of our district. Although good faith does not necessarily require consultation, it is a mechanism for Council to demonstrate its existence and commitment to working together as district partners. Appropriately, the report author acknowledges that they have considered the above obligations including the need to seek advice, guidance, feedback and/or involvement of Māori on the proposed recommendation/s, objective/s, project/s or service/s outlined within this report.

Risks There are no known risks.

SIGNIFICANCE OF THE DECISION OR PROPOSAL Council’s Significance and Engagement policy identifies the following matters that are to be taken into account when assessing the degree of significance of proposals and decisions: a. The level of financial consequences of the proposal or decision; b. Whether the proposal or decision will affect a large portion of the community or community of interest; c. The likely impact on present and future interests of the community, recognising Maori cultural values and their relationship to land and water; d. Whether the proposal affects the level of service of an activity identified in the Long Term Plan; e. Whether community interest is high; and f. The capacity of Council to perform its role and the financial and other costs of doing so. Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016), and are of the opinion that the proposal under consideration is of low importance.

ENGAGEMENT Taking into consideration the above assessment, that the decision is of a low degree of significance, officers are of the opinion that no further engagement is required prior to Council making a decision.

COMMUNICATION/MEDIA The Annual Report and Summary will be published and made available to the community on the Council website. Highlights of the report will be published in the Taupō Weekender/Chronicle and Taupō Times. Media releases will be made available advising that the Annual Report has been adopted and when and where the report is available.

CONCLUSION Council is asked to adopt the Annual Report 2019/20.

Item 4.3 Page 8 Ordinary Council Meeting Agenda 15 December 2020

ATTACHMENTS Nil

Item 4.3 Page 9 Ordinary Council Meeting Agenda 15 December 2020

4.4 TENDER TDC/2021/352 ACACIA BAY WATER SUPPLY UPGRADE & SHARED PATH RENEWAL

Author: Tom Swindells, Asset Manager Water Authorised by: Kevin Strongman, Head of Operations

PURPOSE The purpose of this report is to seek Council approval to award the tender for Contract TDC/2021/352 Acacia Bay Water Supply Upgrade & Shared Path Renewal.

EXECUTIVE SUMMARY This project will enable drinking water standards compliant water to be supplied to residents in Acacia Bay through connection to the Taupō water supply network. It includes upgrade to the existing Nukuhau pump station, construction of a 3.3km rising main from Nukuhau to Acacia Bay, various water main upgrades required to maintain service levels, and upgrade of 2km of footpath/cycleway between Jarden Mile, Taupō and Reeves Road, Acacia Bay. Tenders closed for the contract at 1pm on Friday 6th November 2020. 5 tenders were received, and these were evaluated using the weighted attributes process. The highest scoring tender was that of Camex Civil with a tender price of $3,144,279.41.

RECOMMENDATION(S) That Council accepts the Tender for Contract TDC/2021/352 for Acacia Bay Water Supply Upgrade & Shared Path Renewal submitted by Camex Civil for the sum of $3,144,279.41 [excl. GST] and authorises His Worship the Mayor and the Chief Executive to sign the Contract Document(s) and attach the Council’s Common Seal to them.

BACKGROUND

The proposal has not been presented previously. This project will enable drinking water standards compliant water to be supplied to residents in Acacia Bay through connection to the Taupō water supply network. It includes upgrade to the existing Nukuhau pump station, construction of a 3.3km rising main from Nukuhau to Acacia Bay, various water main upgrades required to maintain service levels, and upgrade of 2km of footpath/cycleway between Jarden Mile, Taupō and Reeves Road, Acacia Bay.

DISCUSSION The upgardes to the existing Nukuhau pump station are presented in mechanical model form below.

Figure 1: Pump Station Design

Item 4.4 Page 10 Ordinary Council Meeting Agenda 15 December 2020

The rising main upgrades, footpath and water main upgrade routes are displayed below.

Figure 2: Rising Main Route

Figure 3: Footpath Route

Figure 3 and 4: Water main upgrades

Item 4.4 Page 11 Ordinary Council Meeting Agenda 15 December 2020

TENDERS RECEIVED Tenders closed at 1pm on Friday 6th November 2020. 5 conforming tenders were received from the following organisations: • Camex Civil, Cambridge

• E & J Contractors, Taupō

• GT Civil, Cambridge

• Smythe Contractors, Cambridge

• Waiotahi Contractors, Tauranga

Tender prices ranged from $2,910,937 to $3,943,879. The project was estimated at $3,536,610.

TENDER EVALUATION Tenders were evaluated on a weighted attributes basis. The highest scoring tender was that of Camex Civil with a tender price of $3,144,279.41.

RECOMMENDED CONTRACT PRICE The tender submitted by Camex Civil being $3,144,279.41.

OPTIONS Council may choose to accept the preferred tender or not. If the tender is not accepted Council will need to determine another way to provide drinking-water standards water to Acacia Bay. Retendering is not recommended as the outcome is unlikely to change, and costs would be expected to increase.

CONSIDERATIONS

Financial Considerations The financial impact of the proposal is estimated to be $3,144,279.41 split as follows between water and transport (footpath) budgets: • Water $2,562,485.17 • Transport $581,794.24 Long-term Plan/Annual Plan The expenditure outlined is currently budgeted for under water and transport LTP budgets as follows: Budget Acacia Bay Water DWSNZ Project 2018/28 LTP $4,421,571 ($3,874,034 remaining) Acacia Bay Footpath Project 2021/31 LTP $581,794.24

Item 4.4 Page 12 Ordinary Council Meeting Agenda 15 December 2020

Policy Implications There are no known policy implications.

Risks Financial / Construction Risk: A risk with all construction projects is construction cost increases due to unforeseen items that the contractor cannot be expected to have allowed for. Risk items on this contract include possible archaeological finds, and ground conditions such as rock. An appropriate contingency of $283,000 has been included in the contract price.

COMMUNICATION/MEDIA Direct communication has been/will be carried out with affected parties/key stakeholders and wider communication will be carried out with the community. A communication plan will be developed to support the wider community consultation.

CONCLUSION A tender process has been completed and the highest scoring tender was that of Camex Civil with a tender price of $3,144,279.41. The LTP budgets for water and transport are sufficient to complete the project.

ATTACHMENTS Nil

Item 4.4 Page 13 Ordinary Council Meeting Agenda 15 December 2020

4.5 WAIORA HOUSE PROJECT - REQUEST FOR UNBUDGETED EXPENDITURE

Author: Dylan Tahau, Head of Community, Culture and Heritage Authorised by: Gareth Green, Chief Executive Officer

PURPOSE The purpose of this paper is to seek approval for unbudgeted expenditure to commence the design phase of the Waiora House Project, procured partially in the current financial year. This is a revised request since the first request was made in October 2020.

EXECUTIVE SUMMARY The Waiora House Project has been formalised following Council direction and cannot progress any further in the current financial year without approval of unbudgeted expenditure. A plan has been developed (and validated by a 3rd party) to commence the design phase of the project as soon as approval is given to do so, and this forms the basis of discussion within this document. In order to move the project forward with speed it is the preferred option for funding to be approved to initiate the concept and preliminary design phases. The recommendations put forward in this document have been discussed and are supported by the Steering Group.

RECOMMENDATION(S) 1. That Council approves unbudgeted expenditure of $250,000 + GST for the purpose of commencing the design phase of the Waiora House project. 2. That Council notes that provision to complete the construction phase of the project has been included for consideration in the draft 2021-31 Long-term Plan (LTP) and that design costs approved in the current year may be subtracted from the amount currently requested in the LTP Business Case.

BACKGROUND Note that this paper was originally presented to Council in October 2020 with the item left on the table pending further information and presentation of a more viable option.

Waiora House was demolished in 2018 following the discovery of asbestos. At that time, a Council resolution was made to replace Waiora House and affected tenants were found temporary alternative accommodation elsewhere in Taupō; this was partially funded by Council.

In June this year, Council gave instruction to move forward with a project to replace the Waiora House main building to house social service providers on the site of 129 Spa Road. Officers originally sought to include the Taupo Youth Hub here but this has now been removed and will now be located elsewhere.

A formal project has been initiated with a project manager employed, and a Steering Group appointed to provide governance and direction. That Steering Group consists of Cllrs Williamson, Taylor, Guy and Rankin. Two community representatives have also been engaged, who are Chris Johnston (Waiora Community Trust) and Greg Stebbing (cultural). Dylan Tahau is the Project Sponsor.

High level scope and requirements have been agreed with key stakeholders and the project is now looking to engage a third party to work through concepts designs.

Item 4.5 Page 14 Ordinary Council Meeting Agenda 15 December 2020

Whilst funding to complete the project in full has been included for consideration as part of the 2021/2031 Long-term Plan (LTP), there is no provision to commence the design phase of this project in the current financial year. This paper seeks to initiate the first two steps of design with the remainder included in the LTP proposal for consideration by Council.

DISCUSSION When originally presented to Council in October, this paper sought approval of $385,413 to complete the first two steps of the design phase, based on an estimated build cost of $7.34 million and total estimated project cost (including contingency and professional fees) of $9.54 million. This was not deemed feasible and, as instructed by Council at the October Council meeting, the team have now explored various alternative approaches as follows:

After careful consideration, the Steering Group have determined that Alternative A (above) is the preferred option. It is believed this can be achieved for a total project budget of $5.9m (a reduction of $3.65m from the original proposal). As this paper is requesting approval of unbudgeted expenditure to commence the design phase of the project in the current year, the following additional Option 5 is presented for consideration. This is the recommended option.

OPTIONS Note: Options 1 to 4 were originally presented to Council in October and are included for reference and comparison purposes.

Analysis of Options

Option 1. (originally presented in October) Do Nothing Advantages Disadvantages • No additional expenditure in 20/21 Financial • Project completion date would be pushed out Year • Costs incurred for tenants to be housed in alternative accommodation. This is not sustainable. • Loss of momentum

Item 4.5 Page 15 Ordinary Council Meeting Agenda 15 December 2020

• Contrary to previous instruction from Council

Option 2. (originally presented in October) Funding Approved to Commence the Design Phase of the Waiora House Project to preliminary design ($385,413) in 20/21 – based on original estimated total project cost of $9.54 million Advantages Disadvantages • Allows the project to commence the design • It should be noted that the design phase of the phase without interruption. project will be completed once approved in the • Enables engagement with Community on 21/31 LTP Waiora House through LTP

Option 3. (originally presented in October) Funding to Complete 70% of Design Phase ($732,285) in 20/21 with Approval in Principle to fund remainder ($313,836) along with construction costs via the 21/31 LTP – based on original estimated total project cost of $9.54 million Advantages Disadvantages • Allows the project to move forward • Outcomes of LTP currently unknown • Allows the project to complete Concept Design • Design work may be left incomplete in full • Will have to disclose this risk to potential • Assuming LTP funding is approved before 30 suppliers during the procurement process which June 2021, allows the project to complete the may impact competitive pricing entire Design Phase without interruption.

Option 4. (originally presented in October) Funding to Complete Step 1 - Concept Design Only ($275,295) – based on original estimated total project cost of $9.54 million Advantages Disadvantages • Allows the project to move forward • There will likely be a period of inactivity following • Allows the project to complete Concept Design concept designs until additional funding to in full complete the remainder of the design phase is in place • Going to market to procure design services separately for each stage of the design process is not best practice and is likely to be less cost and time efficient.

Option 5 (NEW). Funding to Commence the Design Phase of the Waiora House Project to preliminary design ($250,000) in 20/21 – based on a revised estimated total project cost of $5.89 million Advantages Disadvantages • Allows the project to move forward • Going to market to procure design services • Allows the project to complete preliminary separately for each stage of the design process Design in full is not best practice and is likely to be less cost • Overall estimated project costs are significantly and time efficient. lower

Analysis Conclusion:

Option 5 is preferred as it allows the project to move forward with speed and efficiency and provides the commitment needed to complete the preliminary design phase of the project. Whilst this provides the commitment needed to move forward in a practical way and cost-effective way, it does not remove the need for strategic decision and approval points throughout the design phase. Undertaking this work now will

Item 4.5 Page 16 Ordinary Council Meeting Agenda 15 December 2020 enable Council to discuss the future of the project as part of the Long-term Plan consultation document. It will provide the community with a clearer picture of what the objectives of the project are, alternatives to deliver those objectives, how much it might cost and where it sits in Council’s overall priorities.

The option of doing nothing is not considered practical and would go against the previous instruction of the Council to move the project forward.

CONSIDERATIONS

Financial Considerations The financial impact of the proposal is estimated to be $250,000 + GST Long-term Plan/Annual Plan The expenditure outlined is currently unbudgeted. It is requested that unbudgeted expenditure is approved. Unbudgeted expenditure is preferred because it is the only way the project can progress in the current financial year. Additional funding to complete the project (beyond the design phase) will be required and is currently being considered via the LTP process ($3m has been requested in Yr1 of the 21/31 LTP and a further $2.65m in year 2).

Legal Considerations Local Government Act 2002 The matter comes within scope of the Council’s lawful powers, including satisfying the purpose statement of Section 10 of the Local Government Act 2002. That section of the Act states that the purpose of local government is (a) to enable democratic local decision-making and action by, and on behalf of, communities; and (b) to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future. It is considered that social, economic and cultural well-beings are of relevance to this particular matter. The proposal has been evaluated with regards to a range of legislation. The key legislation applicable to the proposal has been reviewed and the relevant matters for consideration are as follows: Authorisations as follows are required for the proposal: ☐ Resource Consent ☐ Building Consent ☐ Environmental Health ☐ Liquor Licencing ☐ Licence to occupy Authorisations may be required from external parties. Note that while authorisations may not be required to complete the design phase, it is likely that resource and building consents will be required prior to construction. The team will continue to work closely with the Planning Team throughout the design phase to manage and mitigate any risks. Authorisation from the landowners (Crown land managed by TDC) may also be required. This is not believed to be a significant issue.

Policy Implications There are no known policy implications.

Māori Engagement Greg Stebbing has been engaged as both a member of local hapū, a connection to the neighbouring Te Pae o Waimihia Trust and Tuwharetoa Settlement Trust. There are additional discussions to be had with Tauhara Hapu and their potential role in the ongoing support of the social services.

Item 4.5 Page 17 Ordinary Council Meeting Agenda 15 December 2020

There will also be a requirement to discuss the project with wider iwi when setting the strategic direction for the complex and determining an appropriate management / operating model.

Risks • See Disadvantages in Options Analysis above • Provision to complete the project is currently under consideration via the 21-31 LTP process. The outcomes of that process are unknown. There is a risk that in spite of previous Council direction to move forward, the project is deferred and the need to complete the design phase in the current financial year is removed.

SIGNIFICANCE OF THE DECISION OR PROPOSAL Council’s Significance and Engagement policy identifies the following matters that are to be taken into account when assessing the degree of significance of proposals and decisions: a. The level of financial consequences of the proposal or decision; b. Whether the proposal or decision will affect a large portion of the community or community of interest; c. The likely impact on present and future interests of the community, recognising Maori cultural values and their relationship to land and water; d. Whether the proposal affects the level of service of an activity identified in the Long Term Plan; e. Whether community interest is high; and f. The capacity of Council to perform its role and the financial and other costs of doing so. Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016) and are of the opinion that the decision to undertake this preliminary design work is of a low level of significance. This work will enable a better understanding of the potential project outcomes without proceeding too far. A decision to proceed beyond the preliminary design phase is likely to be more significant.

ENGAGEMENT The preparation of the concept and preliminary design work will enable Council to better understand the nature of the project. It will provide a basis for a broader conversation with the community about whether to proceed any further with the project, and if so under what conditions. That conversation is expected to take place as part of the consultation document for the Long-term Plan 2021-31 in March and April 2021. If Council wishes to make a decision to progress the design work further beyond the preliminary phase, it will need to demonstrate that it has a good understanding of the views and preferences of those in the community interested or affected by the overall project. That is likely to involve widespread community engagement.

COMMUNICATION/MEDIA A communications plan has been prepared in consultation with the communications team. This is currently under review.

CONCLUSION This is an important project for the Taupō community. The only way to maintain momentum and comply with the Council’s previous directive to move the project forward is to approve unbudgeted expenditure. The most practical and efficient way to do this is by approving funding to commence the design phase in the current financial year. This will enable officers to confirm costings for inclusion in the 21/31 LTP.

ATTACHMENTS Nil

Item 4.5 Page 18 Ordinary Council Meeting Agenda 15 December 2020

4.6 FEES AND CHARGES - AC BATHS PRIVATE POOLS

Author: Scott Attenborough, Business and Operations Manager Authorised by: Tina Jakes, Head of Democracy, Governance and Venues

PURPOSE This item seeks Council’s approval to implement relevant fees and charges for the use of the newly upgraded private pools, at AC Baths for the balance of 2020/21 financial year.

EXECUTIVE SUMMARY The Private Pools are presently being renovated and are due to open within the next couple of months. The fees and charges for this activity now need to be reviewed, given the upgrade and the time since the last price review. Council needs to decide what Fees and Charges would be appropriate.

RECOMMENDATION(S) That Council approves the fees and charges for the private pools at the AC Baths to be set at $25.00 (incl. GST) per person for 30 minutes for the balance of the 2020/21 financial year.

BACKGROUND The proposal has not been presented previously. Council sets fees and charges annually for various services provided.

DISCUSSION The current fees and charges for the private pools is set at $10 per person for 30 minutes, this price has been static for at least 10 years. Over the last 3 years, there has been limited use of the private pools due to their poor condition and therefore no changes to the pricing structure. Research of other facilities is detailed below. Hanmer Springs $35 pp (30min) / $45 (60 min) – Includes entry to outdoor pools Private Thermal Pools 2 persons minimum. Waikite Valley $24 pp (40min) plus access to other pools Minimum 2 adults Polynesian Spa Rotorua $35 pp (30min) Lake View Minimum 2 adults / Family allowed De Bretts $23 pp 18 years and older Glacier Private Pools $99 for two people (45 min) Hell’s gate Sulphur Spas Rotorua $25 pp, Child $12.50 Family $60 (60min) Wairakei Terraces $25pp 14 years and older Whitianga – The Lost Spring $45 pp (90 min) / no children under 14 allowed / 14 – 18 allowed if accompanied by adult over 18 ration 1:1

Poolsafe Guidelines recommend that the maximum time in thermal hot water does not exceed 30 minutes in spas/hot pools. Where water temperature is between 34 – 38 degrees then longer times are available.

Item 4.6 Page 19 Ordinary Council Meeting Agenda 15 December 2020

There will be 15 slots per pool per day, ie a total of 60 slots overall. This will allow 15 minutes between each booking. Minimum Age for entry will be 14 and older. However, adult supervision by a person of 18 years and older is always required. Based on this information it is recommended that we set our pricing to $25 per person (note that for health and safety reasons, there must always be two people in the private pool).

CONSIDERATIONS

Financial Considerations The average number of customers who have used the private pools over the past five years is 3300 per annum. Based on that figure, $82,500.00 will be generated if the entry fee is $25 per person. Long-term Plan/Annual Plan Currently the income budgeted in the current Annual Plan is based on the current fee of $10 per person. SsS

Policy Implications There are no known policy implications. Māori Engagement Council is bound by various Acts to consult and/or engage with Māori, including a duty to act reasonably and in good faith as a Te Tiriti ō Waitangi partner. Equally, Council has a responsibility to develop and proactively foster positive relationships with Māori as key stakeholders in our district, and to give effect to the principles of Te Tiriti ō Waitangi including (but not limited to) the protection of Māori rights and their rangatiratanga over tāonga. While we recognise Māori in general, we also need to work side by side with the three ahi kaa / resident iwi of our district. Although good faith does not necessarily require consultation, it is a mechanism for Council to demonstrate its existence and commitment to working together as district partners. Appropriately, the report author acknowledges that they have considered the above obligations including the need to seek advice, guidance, feedback and/or involvement of Māori on the proposed recommendation/s, objective/s, project/s or service/s outlined within this report.

Risks There are no known risks.

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c. The likely impact on present and future interests of the community, recognising Maori cultural values and their relationship to land and water; d. Whether the proposal affects the level of service of an activity identified in the Long Term Plan; e. Whether community interest is high; and f. The capacity of Council to perform its role and the financial and other costs of doing so. Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016), and are of the opinion that the proposal under consideration is of low importance.

COMMUNICATION/MEDIA Information will be included in on the Council website and updated fees and charges schedule.

CONCLUSION This item allows Council to approve an increase in the fees and charges for the private pools at the AC Baths for the balance of the 2020/21 financial year.

ATTACHMENTS Nil

Item 4.6 Page 21 Ordinary Council Meeting Agenda 15 December 2020

4.7 HEALTH AND SAFETY REPORT

Author: Michelle McGill, Health & Safety Business Partner Authorised by: Brian Fox, Head of Regulatory and Risk

PURPOSE The purpose of this report is to provide a deep dive approach to the Health and Safety (H&S) performance currently in place with Taupō District Council. Safety due diligence is paramount to the officers for council and this report provides an analysis of the current status across the organisation. This report is covering the last half of 2020 with an update of the health and safety performance now business continuity has resumed since the disruptions incurred by Covid -19 in second quarter of 2020.

DISCUSSION The scope of this report is to continually address the KPI’s (Key Performance Indicators) set for the organisation and understanding the metrics supporting these KPI’s that can be effectively measured as they cascade down the structure of the organisation.

Health and Safety KPI for CEO- (2019-2020)

• Demonstrate how the organisation has taken all necessary steps to ensure that it is a safe workplace, as measured by new initiatives, accident and near miss trends, and employee engagement in health and safety programmes

Three KPI’s are set for SLT as officers in these areas. • Safe Systems - Ensure safe systems are in place to report of incidents, risks and safety metrics through the Health and Safety Management System is managed and implemented by all departments across council. • Risk Management - Ensure there are robust processes are in place for managing health and safety risks within their respective organisational structure. • Worker Participation Practices - Ensure that the business has effective worker engagement and participation practices. Safe Systems

Vault – Health and Safety software

In August 2020 The Vault Software programme has been acquired by a company (Damstra Technology) whom have a strong presence in the Australasian business sectors. Their investment should be positive.

Item 4.7 Page 22 Ordinary Council Meeting Agenda 15 December 2020

Incident Management

The second half of 2020 has had a spike in incidents, both internally and externally. This is potentially attributed to the increased work undertaken, particularly within the contracted civil works in the Taupō area. Additionally, there were two incidents involving recreational equipment in our region.

November 2020

Serious Investigations are investigated internally by trained investigators using the ICAM tool (Investigation Causal Analysis Methodology). This is structured process that reconstructs the sequence of events on a time line and systematically identifies layers of contributing factors, including absent and failed defences, individual or team actions, task and environmental conditions and organisational factors providing a causal analysis of this incident. Internal Incidents – serious

Water and Waste Water ICAM (Not notifiable)

The incident involved a breach of a Confined Space Entry at the Waste Water Treatment Plant. No personnel were injured or harmed, however Confined space is considered a critical risk in the work place with risk management endorsed by WorkSafe NZ and Taupō District Council’s Water / Waste Water Treatment Plants.

Through the ICAM investigation process, several factors that contributed to the incident where identified, particularly around risk management, training, and processes supporting routine procedures. The recommendations from the investigation were endorsed with 9 corrective actions implemented to ensure confined space entries are managed appropriately and improve safety performance.

Roktopus ICAM (Not Notifiable)

At a council owned playground within the Taupō region, one of the four metal tubular arms the Roktopus swing sheared off beneath the head while in use. The user fell to the ground, and the arm of the swing landed on her. Fortunately, the girl only incurred minor injuries with bruising and soreness where the swing impacted. Refer to Safety Alert-Roktopus attached.

The ICAM and Safety Alert have been shared with Aotearoa Recreation NZ and other councils.

Waitahanui Goal Post Incident – (Notifiable)

This incident involved a user who received a serious harm injury when the cross beam of the goal post at the Tutemohuta Reserve dislodged from the brace structure holding the cross beam. The incident was reported through to TDC customer services three weeks after the event. Council responded immediately and an investigation into the cause of this incident commenced. A verbal notification to WorkSafe prior to the investigation and confirmation of injuries.

Background

Item 4.7 Page 23 Ordinary Council Meeting Agenda 15 December 2020

- The Tutemohuta Reserve is a parcel of Maori land under the governance of the Tutemohuta Reserve Trust. The Trust administers the reserve in Waitahanui, which encompasses the site of the Waitahanui Community Hall. It is responsible for decision making for the reserve with the guidance of the Tutemohuta Reserve Waitahanui Management Plan 1992. The community hall is a council asset and the entire reserve is managed by council at the direction of the Trustees. The reserve is set aside for sporting, recreational, cultural and community activities. - In 2011 The Tuwharetoa Maori Sports & Expo (TMSE) Committee through the Trust was formed as events were planned on the reserve during the 2011 Rugby World Cup. The TMSE sought infra structure support from council in the form of sponsorship by marking the fields and setting up the goal posts. Reference to Tutemohuta Trust minutes –13 July S2011

There is no record in any Trust minutes of the origin of the goal posts and they appear to be a non- commercial design with no manufacturer’s certification. One set of goal posts had plates welded onto the end of the cross beam to prevent the beam from horizontally sliding out, however the other set did not have these plates attached. This set of goal posts was the set involved in the incident. The incident was unwitnessed, but the assumption is that the cross beam slid out from repeated horizontal movement over time. When Council went to site the beam had been removed to the side of the reserve.

Section 10 of the Tutemohuta Reserve Management Plan states that - The field will be developed by the Taupō District Council but the sporting codes will be responsible for the markings and other facilities such as goal posts.

However, Council has rectified the design fault of the posts in the interim and has purchased commercial goal posts for the Reserve to replace these old ones. The new goal post will be added to the Council Asset Register.

AC Baths Pool Fatality- (Notifiable)

On the 20 October 2020, a pool user was swimming in the 25m lane pool and had a major medical event in the form of a cardiac arrest. The patient died on the premises and the fatality was reported to the police and the notification through to WorkSafe.NZ. Further investigations will follow in due course.

Contractor incidents.

In October/November 2020, there has been a series of service strikes with two of Council’s Civil Contractors.

Both Contractors are approved contractors for TDC (SiteWise Contractor Pre-qualification Scheme).

The Contracting Company working on Miro Street Taupō Rehabilitation Contract TDC/1819/272 had two service strikes in a period of two days.

1. 08/10/20

20 tonne digger boom hitting powerlines causing power outages to local business No injuries to the workers Contractor investigation findings: Root Cause – No spotter (Close approach permit stated observer would be watching when digger was under services, but this was not followed) 2. 10/10/2020

20 Tonne Digger hits service duct on Miro St No Injuries to workers Contractor Investigation findings; Root Cause- Poor Job Design, As-builts’ not accurate, TDC to investigate -due to inaccurate data there is potential for serious incident. In response to the Contractor investigation findings/root cause. Investigation findings: Taupō District Council are not responsible for as built information for Unison assets and will not be investigating why these might allegedly be inaccurate.

Item 4.7 Page 24 Ordinary Council Meeting Agenda 15 December 2020

Root cause: The design of the job is in no way responsible for the strike. The duct was well below the formation level. The methodology chosen to undertake the undercutting of the soft spots without hand excavation to locate the duct is the reason the duct was struck. Conclusion The Unison ducting was repaired immediately by Unison’s contractor and was not lowered as it was at the correct depth.

Civil Contractor - Paetiki Shopping Area Improvements TDC 2021/342

Gas service strike

3. 16/11/2020 an unmarked lateral gas line was hit with a 13-tonne digger while trenching the road for stormwater pipe install.

The gas line burst in the trench – no injuries sustained, and emergency fire services were called to the gas emergency closing the road and shops for a duration. First Gas were notified to repair the lateral. Dial before you dig was completed prior to the task, the lateral was not identified by the gas company. Close approach permit was obtained. Notifiable event to WorkSafe – completed by Contractor (under gas explosion) Contractor ICAM investigation completed; Root cause – Site Manager failed to identify the lateral gas line on the service plan to allow for pothole ID Contractor Excavation Permit not completed prior to works commencing. The Contracting Company have put corrective actions in place to address the investigation findings. Civil Contractor -- Paetiki Shopping Area Improvements TDC 2021/342

Electrical Service Strike

4. 18/11/2020 Unmarked electric cable hit by excavator working on storm water pipe install in Taharepa Road

No injuries sustained as electrical cable was not live – obsolete. Root Cause; The obsolete power cable had not been identified in service plans by Unison. Action taken; Works stopped area cleared and Unison called to site to check cable. No investigation required by the contractor. Emergency Preparedness

Risk Management

Guardian Angel Security

The introduction of a fit for purpose Lone Worker Security/Safety system for staff working alone in rural and /or urban environments to manage the significant risk of serious harm to staff has been budgeted for in the LTP. The Guardian Angel system provides satellite coverage and an external 24/7 monitoring / alert system of ‘person down’ or ‘trauma’ events providing quick escalation to emergency services and will escalate through the Council internal organisational structure.

Online Induction for Employees

A new online induction system has been developed and all staff at TDC will participate in the Induction in early December.

Contractor Induction

Item 4.7 Page 25 Ordinary Council Meeting Agenda 15 December 2020

The ‘Shovel Ready Projects’ and Water Reticulation funded projects by central government has significantly increased contractor engagement in civil and high-risk work both nationally and around the Taupō district.

Health and Wellbeing

We continue with\out health and wellbeing programme, with a monthly focus on aspects of health and wellbeing. September 2020 – Relaunch of the KYND Wellness App promoting the KYND personal monitoring for physical, mental and social wellness. October 2020 – Sun smart and melanoma awareness / Mole mapping November 2020– Men’s Health / Movember December 2020 - 5 ways to wellbeing (mental health)

Mole mapping continues, with 40 employees to date taking advantage of this service.

Health Monitoring

Waikato Occupational Health Consultancy (WOHC) have resumed the annual programme of health monitoring for health sensitive business departments.

Training

Mandatory training required under legislation for health and safety has occurred.

The organisational health and safety completed in the last quarter of 2020:

- First Aid training ongoing as refresher courses are scheduled;

- Fire Warden training - all departments completed;

- Health & Safety Representative (HSR) training - new HSR’s have completed online training.

Worker Participation Practices The 2020 September Health & Safety Representative meeting was a positive meeting with good enthusiasm and participation from the 18 HSR’s across council. In addition, HSR’s have been tasked with facilitating the Site-Specific Employee Induction working with their respective managers.

RECOMMENDATION That Council receives the 15 December 2020 Health and Safety Report.

ATTACHMENTS 1. Safety Alert - Roktopus

Item 4.7 Page 26 Ordinary Council Meeting Agenda 15 December 2020

4.8 DRAFT ASSET MANAGEMENT PLANS

Author: Denis Lewis, Infrastructure Manager Authorised by: Kevin Strongman, Head of Operations

PURPOSE This report enables Council to consider its draft asset management plans (AMPs) and adopt them in principle. It should be noted that AMPs will remain as draft as they are subject to change through the Long- term Plan 2021 - 31 development process.

EXECUTIVE SUMMARY Councils are required to ensure that their asset management planning is fit for purpose and provides the information and frameworks required for the effective and efficient management of infrastructure assets to meet the future needs of their communities.

The draft AMPs contain the operational and tactical policies and strategies relating to each of Council’s assets.

The draft AMP’s demonstrate how Council will ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets.

The preferred option is to adopt the draft AMP’s that will meet the requirements of Sec 14, LGA 2002 and demonstrates prudent stewardship of Council’s assets.

RECOMMENDATION(S) That Council adopts the draft asset management plans subject to any changes required as a result of the Long-term Plan 2021-31 decision-making process.

BACKGROUND Council owns assets in order to provide services. AMPs demonstrate responsible stewardship of Council’s assets on behalf of its customers and stakeholders. The plans provide a focus within Council for ongoing development of good asset management practices. They demonstrate that the service potential of the assets are maintained at optimum cost to provide a defined level of service over the long term. The AMPs are a supporting document to the Council’s Long-term Plan 2021 – 31 (LTP).

Council has AMPs for:

− Water − Transportation − Wastewater − Solid Waste − Stormwater − Property − Parks and reserves

Asset management plans address:

− Asset data − Levels of service provided − Demand forecasts and how the demand will be catered for − Identification of risks − Strategies for the maintenance and operation, renewal, creation and disposal of assets − Financial cash flow predictions over a 10 year period and

Item 4.8 Page 27 Ordinary Council Meeting Agenda 15 December 2020

− An improvement plan of tasks that need to be completed to improve the AMP.

A summary of each AMP is attached. Copies of the full plans will be available on the website during the Long-term Plan consultation period.

DISCUSSION Councils are required to ensure that their asset management planning is fit for purpose and provides the information and frameworks required for the effective and efficient management of infrastructure assets to meet the future needs of their communities.

Council’s role is to approve the operational and tactical policies and strategies for the maintenance and operation, renewal, creation and disposal of assets. The approval of the funding will then be completed through the LTP decision making process. If there are any changes required to the AMPs as a consequence of that process these will be made before the LTP is adopted.

Based on this information it is considered that there is one option.

OPTIONS Analysis of Options

Option 1 - Adopt the draft AMP’s Advantages Disadvantages • Meets the requirements of Sec 14, • None foreseen LGA 2002 • Demonstrates prudent stewardship of Council’s assets.

Analysis Conclusion: The preferred option is to adopt the draft AMP’s.

CONSIDERATIONS

Financial Considerations Funding for the services will be provided for the first 10 years through the LTP process. If there are any changes required to the AMPs as a consequence of the decision-making process these will be made prior to adoption of the LTP.

Total expenditure including capital expenditure, renewals and operating expenditure is shown by activity. The financial information for Parks and Reserves and Community Facilities will be tabled at the meeting. Excluded from these totals are depreciation, interest, inflation adjustments and adjustments made through the group of activity workshops all of which will be included in the final draft AMP’s.

Legal Considerations Local Government Act 2002 The matter comes within scope of the Council’s lawful powers, including satisfying the purpose statement of Section 14 of the Local Government Act 2002.

Section 14(g) of the Local Government Amendment Act 2014 states that “a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets”.

The asset management plans demonstrate this prudent stewardship of Council’s assets.

Policy Implications There are no policy implications.

Item 4.8 Page 28 Ordinary Council Meeting Agenda 15 December 2020

Risks There are no risks associated with the adoption of the policy or strategies contained within the draft AMPs.

ENGAGEMENT Taking into consideration the above assessment, and noting that the draft AMPs are supporting documents to the LTP, engagement with the community will be undertaken as part of the LTP process. In light of the decision being of a low degree of significance, officers are of the opinion that no further engagement is required prior to Council making a decision.

COMMUNICATION/MEDIA The draft AMPs will be made available on the Council website at the time of notification of the draft LTP.

CONCLUSION Adopting the draft AMP’s will meet the requirements of sec 14 of the Local Government Amendment Act 2014.

ATTACHMENTS 1. Executive Summary Transport 2. Executive Summary Stormwater 3. Executive Summary Solid Waste 4. Executive Summary Waste Water 5. Executive Summary Water 6. Executive Summary Property

Item 4.8 Page 29 Ordinary Council Meeting Agenda 15 December 2020

4.9 NUKUHAU PRIVATE PLAN CHANGE

Author: Hilary Samuel, Senior Policy Advisor Authorised by: Alan Menhennet, Head of Finance and Strategy

PURPOSE This report outlines the options available to the Taupō District Council how to process the private plan change request from three cooperating landowners (Dentistry Revisited, Lexus Trustees 11 Limited and C N Top Investment Ltd) (the proponent) and whether it should be publicly notified under Part 2 of Schedule 1 of the Resource Management Act 1991 (RMA).

EXECUTIVE SUMMARY This proposed private plan change request to Taupō District Council (TDC) is proposed by three cooperating landowners in the Nukuhau area. The plan change request seeks to rezone 77.78 hectares of Rural Environment zoned land to a mix of General Residential, Medium Density Residential, Neighbourhood Shopping Centre (Shops) overlay and areas of stormwater and recreation reserves. These proposed changes will enable the future development of approximately 780 dwellings in an area identified in the Taupō District 2050 - Growth Management Strategy (TD2050) as a northern growth area. Under the RMA any person may request a change to a district plan and the local authority must consider the request. The local authority may either: • accept the request • adopt the request • process the request as a resource consent • reject the request. A request may only be rejected if specific grounds exist including that the substance of the request has been considered in the last two years, the plan has been operative for less than two years, or that the request does not constitute ‘sound resource management practice’. Adopting or processing as a resource consent are not considered feasible options in this situation, therefore it is recommended that the plan change be accepted and notified under the first schedule of the RMA.

RECOMMENDATION(S) 1. That Council accept, in whole the proposal (as number PC37) in accordance with clause 25(2)(b) of Schedule 1 of the Resource Management Act 1991: a. The Plan Change request as lodged on 10 September 2020, and amended in response to further information requested (dated 12 November 2020, and amended 4 December 2020); b. Subject to any further relevant information received prior to the notification of PC37. 2. That this request be publicly notified as a private plan change.

BACKGROUND The proposal has not been presented previously.

Item 4.9 Page 30 Ordinary Council Meeting Agenda 15 December 2020

The reporting planner, Matt Bonis from Planz Consultants has provided a full background to the application in his report, Attachment 1, paras 1-4 provide a summary and paras 64–67 provides a full description.

The following map shows the area subject to the Plan Change and Structure Plan.

DISCUSSION The Clause 25 report (attached) provides a discussion about the request, and the request has also been attached for your information. Based on this information it is considered that there are 4 options: The local authority may either: • accept the request • adopt the request • process the request as a resource consent • reject the request.

OPTIONS Analysis of Options

The options have been fully analysed in the reporting planners (attachment 1) report, paras 104 to 112.

Item 4.9 Page 31 Ordinary Council Meeting Agenda 15 December 2020

Analysis Conclusion:

It is recommended that the Council accept the Plan Change request.

CONSIDERATIONS

Financial Considerations If the Plan Change is accepted the proponents will bear all ‘fair and reasonable’ costs of the complete plan change process. It is noted that costs are in excess of $150,000 should be assumed by the proponents in terms of Council processing costs only. Long-term Plan/Annual Plan

There will be implications for funding of infrastructure including wastewater across control gates bridge, and potentially the second bridge crossing.

Policy Implications The proposal will be evaluated against the following plans: ☐ Long Term Plan 2018-2028 ☐Annual Plan  Waikato Regional Plan  Taupo District Plan ☐ Bylaws  Relevant Management Plan(s) Māori Engagement

It is the responsibility of the proponent to carry out consultation prior to notification.

The Tūwharetoa Joint Management Agreement obligations will need to be considered as part of the hearing process. The proponent has signalled that they wish to use the JMA process (modified). This will involve the use of one TDC appointed Commissioner, one Tūwharetoa recommended Commissioner, and a third Commissioner that the first two commissioners select between them. Delegation to Commissioners will occur through a separate agenda item.

Risks There is a legal process of notification, submissions, reporting, hearings, decisions and appeals as specified in Schedule 1 of the RMA which must be followed. This is an orthodox process and the process issues should create no particular risks or liabilities if followed correctly.

Item 4.9 Page 32 Ordinary Council Meeting Agenda 15 December 2020

Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016), and are of the opinion that the proposal under consideration is significant. Consultation will be undertaken as per the Frist Schedule of the Resource Management Act.

ENGAGEMENT

Direct communication has been carried out with affected parties/key stakeholders by the applicant. The First Schedule process under the RMA requires notification, submissions, hearings and appeals. It is anticipated that the plan change will be notified in late January 2021.

COMMUNICATION/MEDIA A communications plan has been prepared in consultation with the communications team.

CONCLUSION Overall, it is considered that there are no reasonable planning grounds to reject the request under Clause 25(4) of the First Schedule of the RMA. It is recommended that the Council accept the plan change and continue processing it under the orthodox process set out in the First Schedule.

ATTACHMENTS 1. Nukuhau Private Plan Change Clause 25 Report (under separate cover 1) ⇨ 2. Nukuhau Private Plan Change Application (under separate cover 1) ⇨ 3. Application Appendix A - Land in Plan change (under separate cover 1) ⇨ 4. Application Appendix B - Land Titles (under separate cover 1) ⇨ 5. Application Appendix C - Provisions and Structure Plan Map (under separate cover 1) ⇨ 6. Application Appendix D - Water and Wastewater Study (under separate cover 1) ⇨ 7. Application Appendix E - Traffic Impact Assessment (under separate cover 1) ⇨ 8. Application Appendix F - Stormwater Impact Report (under separate cover 1) ⇨ 9. Application Appendix G - Urban Design Assessment (under separate cover 1) ⇨ 10. Application Appendix H - Detailed Site Investigation (under separate cover 1) ⇨ 11. Application Appendix I - Geotechnical Report (under separate cover 1) ⇨ 12. Application Appendix J - Ecological Assessment (under separate cover 1) ⇨ 13. Application Appendix K - Archaeology Report (under separate cover 1) ⇨ 14. Application Appendix L - Open day and Consultation material (under separate cover 1) ⇨

Item 4.9 Page 33 Ordinary Council Meeting Agenda 15 December 2020

4.10 ADOPTION OF BYLAWS FOR PUBLIC CONSULTATION

Author: Temi Allinson, Policy Advisor Authorised by: Alan Menhennet, Head of Finance and Strategy

PURPOSE This report seeks Council’s adoption of the following bylaws and policy for consultation: • draft Control of Dogs Bylaw 2021; • draft Dog Control Policy 2021; • draft Public Places Bylaw 2021; • draft Reserves Bylaw 2021; • draft Animals, Birds and Bees Bylaw 2021; and • draft Litter Bylaw 2021.

It also seeks Council’s approval for the revocation of the Objectionable Signs Bylaw 2016.

EXECUTIVE SUMMARY The Local Government Act 2002 (LGA) requires bylaws to be reviewed no later than 5 years after they are first adopted and then no later than every 10 years after that. The Control of Dogs Bylaw and Policy was last reviewed in 2013; while the other bylaws were carved out of the General Bylaw No.1 2008 in 2016. This review of the bylaws has been brought forward to allow Council to meet statutory obligations around the review of bylaws, while also ensuring that the bylaws continue to function as intended. The LGA requires a consultation period of at least one month (recommended to run from mid-January to mid-February) and a hearing be held if submitters have requested to speak. Further consultation is required with the Ministry of Health and key stakeholders. It is recommended that Council adopt the suite of draft bylaws for consultation in accordance with section 83 of the LGA.

RECOMMENDATION(S) That Council: 1. in accordance with section 155 of the Local Government Act 2002, approves that bylaws be determined as the best mechanism to address the issues associated with the management of litter, control of dogs, the use of public places and reserves; and the ownership of animals, birds and bees 2. in accordance with section 156 of the Local Government Act 2002, approves the Statements of Proposal for the draft Control of Dogs Bylaw and Policy, draft Public Places Bylaw, draft Reserves Bylaw, draft Animals, Birds and Bees Bylaw, and draft Litter Bylaw for consultation and that the public be invited to make submissions. 3. in accordance with section 156 of the Local Government Act 2002, approves the Statements of Proposal for the revocation of the Objectionable Signs Bylaw 4. constitutes a Special [Ad Hoc] Committee to hear any submitters that wish to be heard as per the attached Terms of Reference [Attachment 1]. 5. Appoints His Worship the Mayor, Cr ______, Cr ______and Cr ______to the Special [Ad Hoc] Committee, to carry out a hearing if submitters request to be heard.

BACKGROUND The Local Government Act 2002 (LGA) requires bylaws to be reviewed no later than 5 years after they are first adopted and then no later than every 10 years after that. The Control of Dogs Bylaw and Policy was last reviewed in 2013; while the other bylaws were carved out of the General Bylaw No.1 2008 in 2016. This

Item 4.10 Page 34 Ordinary Council Meeting Agenda 15 December 2020 review of the bylaws has been brought forward to ensure that the bylaws are reviewed within the 5 year timeframe and to address a number of operational issues.

Council bears responsibility for enhancing the safety of the community and minimising the incidences of public disturbance. The LGA provides Council with the ability to use bylaws as a mechanism to address such issues. Council is therefore asked to consider whether the bylaws remain the most appropriate method for tackling the identified issues. The bylaws are considered to be working well and delivering desired outcomes for the community and no major far-reaching changes are proposed. Five of the bylaws are due for review by mid-2021 and it is anticipated that this review process will allow that deadline to be met. The Control of Dogs bylaw and its accompanying policy are due for a 10-year review in 2023. However, some operational updates have been made to its provisions since thar time and this review has been prioritised to bring these changes in concert with the provisions of the bylaw and policy. A Council workshop was held on 27 October 2020 during which the proposed changes to the bylaws were discussed. To achieve efficiencies and cost-saving benefits, the bylaws are being reviewed through a joint consultation and decision-making processes. The changes recommended include: Objectionable Signs Bylaw

The Objectionable Signs Bylaw 2016 is one of the standalone bylaws that emerged after the review of General Bylaw No. 1 in 2016. The Bylaw provides guidance on the contents of signs only and leaves the direction of other aspects of signage, such as size and location, to the District Plan. The Bylaw only concerns itself with a small aspect of sign management and requires Council Compliance Officers to make judgment calls on whether signage is deemed offensive and warrants removal. Officers have undertaken a review of this Bylaw and propose its revocation. The analysis of options for and against revocation are considered in the attached Objectionable Signs Bylaw Revocation Analysis document [Attachment 2] By revoking this Bylaw, Council leaves the determination of what is objectionable to other entities especially set up for this task, rather than requiring Officers to make judgment calls on matters they may be ill prepared to. Council however retains control of the management of location and size of signs in accordance with its District Plan. Control of Dogs Bylaw and Policy; Trading in Public Places Bylaw; Public Places and Reserves Bylaw; Animals, Birds and Bees Bylaw; and Litter Bylaw

The Control of Dogs Bylaw and Policy were adopted in 2013 and are up for their 10-yearly review in 2023. All the other bylaws were adopted in 2016 and are up for their 5-yearly review in 2021. The review of both sets of Bylaws have been brought forward and joined together in one process to achieve efficiencies and make room for other work planned in 2021. After this review, all the bylaws will move to a 10-yearly review cycle and will not come due for another review until 2031. It is possible to initiate a review earlier if any key pressing issues arise that need addressing. The table below provides a high-level overview of the proposed amendments for each Bylaw. Full details of the proposed changes are set out in 2020 Bylaws Issues and Options document [Attachment 3]. Also attached to this report are draft copies of each Bylaw and policy under review [Attachments 4 – 9]

Bylaw Proposed Action

Control of Dogs (+ Policy) Update list of dog exercise and prohibited areas. Update in a similar template as other bylaws for consistency Litter Various minor edits

Public Places and Split into 2 different bylaws – Public Places Bylaw and Reserves Reserves Bylaw. Remove skateboard ban Trading in Public Places Combine and include in the new Public Places Bylaw

Item 4.10 Page 35 Ordinary Council Meeting Agenda 15 December 2020

Animals, Birds and Bees Include guidance on bee keeping.

OPTIONS Analysis of Options

Option 1. Do not continue to review the bylaws

Advantages Disadvantages • Costs incurred to date through the initial review process will be wasted. • Does not meet LGA requirements. • No further staff resources required. • Does not address issues that have arisen in relation to each of these Bylaws. • Five of the bylaws will soon be out of date.

Option 2. Continue to review the suite of bylaws

Advantages Disadvantages • Meets LGA requirements. • Issues which have arisen during the review of the Bylaws will be addressed. • A small (budgeted) cost to carry out • Cost-savings associated with consultation process. “bundling” the Bylaws due for review. • Existing enforcement and overlap issues are addressed.

Discussion of Options Council is required to review bylaws in accordance with the LGA. As a result, option 2 is the preferred option as it best utilises resources through “bundling” the bylaws for review and would be considered the most efficient and effective process.

CONSIDERATIONS

Financial Considerations There are costs associated with the development, consultation and enforcement of bylaws. These costs are met within current budgets but will be minimised through “bundling” the bylaw amendment reviews.

Legal Considerations Council is responsible for enhancing the safety of the community and environment, and minimising the incidences of public disturbance, and bylaws are considered to be the best mechanism to achieve this. The matter comes within scope of the Council’s lawful powers, including satisfying the purpose statement of Section 10 of the LGA. Under section 155 of the LGA Council must determine if this is the best mechanism to address the issues associated with the control of dogs; management of public places; control of litter; management of reserves; and the control of animals, birds and bees within the residential environment. Controls are provided by prescribing minimum standards for the keeping and control of dogs in order to ensure the health and safety of any persons, and to protect the public from nuisance. The bylaw enables Council to meet its obligations under section 145 of the LGA and section 20 of the Dog Control Act 1996.

Item 4.10 Page 36 Ordinary Council Meeting Agenda 15 December 2020

Controls are required to protect and regulate animals, birds and bees to ensure the health and safety of any persons, animals, birds and bees, and protect the public from nuisance including noise and odour. Under sections 146 of the LGA bylaws are the most appropriate and effective method for Council to control animals, birds and bees. Controls are required to protect and regulate litter to ensure the health and safety of any persons and protect the environment. Under section 145 of the LGA, and section 15 of the Litter Act 1979 bylaws are the most appropriate and effective method for Council to control litter. Controls are required to protect and regulate reserves to ensure the health and safety of any persons using reserves and to protect the public from nuisance. Under sections 145 and 146 of the LGA, sections 106 to 108 of the Reserves Act 1977, section 64 of the Health Act 1956 and section 22AB of the Land Transport Act 1998 bylaws are the most appropriate and effective method for Council to control reserves. Controls are required to manage the use of public places to ensure the health and safety of any persons. Under sections 145 and 146 of the LGA, section 64 of the Health Act 1956 and section 22AB of the Land Transport Act 1998 bylaws are the most appropriate and effective method for Council to control public places. The review of the bylaws is in accordance with legislative requirements: • General bylaw requirements under the LGA; • The review of the draft Animals, Birds and Bees Bylaw is in accordance with the Health Act 1956. • The draft Reserves Bylaw is in accordance with the Reserves Act 1977, the Health Act 1956 and the Land Transport Act 1998 (LTA). • The draft Public Places is in accordance with the Health Act 1956 and the LTA. • The draft Litter Bylaw is in accordance with the Litter Act 1979. • The draft Control of Dogs Bylaw and Policy in accordance with the Dog Control Act 1996.

Risks There are risks associated with not meeting our legislative obligations under the LGA. There is also a serious risk of not being able to enforce an out of date Bylaw.

Policy Implications Any new Bylaw forms part of Council’s overall operating procedures and the proposed bylaws are consistent with existing policy direction.

SIGNIFICANCE OF THE DECISION OR PROPOSAL Council’s Significance and Engagement policy identifies the following matters that are to be taken into account when assessing the degree of significance of proposals and decisions: a. The level of financial consequences of the proposal or decision; b. Whether the proposal or decision will affect a large portion of the community or community of interest; c. The likely impact on present and future interests of the community, recognising Maori cultural values and their relationship to land and water; d. Whether the proposal affects the level of service of an activity identified in the Long-Term Plan; e. Whether community interest is high; and f. The capacity of Council to perform its role and the financial and other costs of doing so. Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016) and are of the opinion that the matters covered in this paper affect a large portion of the community, and it is considered a significant decision. A special consultative procedure has been proposed in accordance with section 83 of the Local Government Act (LGA).

CONSULTATION/ENGAGEMENT Under s.86 of the LGA Council must use a special consultative procedure when making, amending or revoking a bylaw. This report seeks approval to begin the special consultative procedure. The LGA requires a one-month consultation period (recommended over mid-January to mid-February 2021) and a hearing be held if submitters have requested to speak (anticipated in March 2021).

Item 4.10 Page 37 Ordinary Council Meeting Agenda 15 December 2020

Consultation has been undertaken with select stakeholders as part of the initial issues’ identification phase of the review. They will be given further opportunity to engage with the review during the public consultation process. Internal consultation has been undertaken across the organisation including with the Corporate Solicitor. A brief pre-engagement with the community to elicit public opinion and suggestions on possible dog exercise areas and the regulation of bee keeping across the district was undertaken via social media over September and October 2020. The findings from the pre-engagement helped to inform aspects of the Animal, Birds and Bees, and Control of Dogs Bylaws. The findings were shared with Council during the workshop on 27 October. Council will be required to hear submitters if they request to have their submission heard. Council is recommended to establish an ad-hoc committee to hear possible submissions.

COMMUNICATION/MEDIA This matter is of significant public interest and officers will ensure the submission period, Council decision and ongoing processes are clearly communicated through the appropriate channels.

CONCLUSION In order to meet Council’s LGA requirements, respond to community feedback, and ensure consistent policy and regulation, the following bylaws are recommended for review: • draft Control of Dogs Bylaw and Policy 2021, • draft Public Places Bylaw 2021, • draft Reserves Bylaw 2021, • draft Animals, Birds and Bees Bylaw 2021, and • draft Litter Bylaw 2021 are recommended for review

• the Objectionable Signs Bylaw 2016 is also recommended for revocation

Officers recommend that Council adopt the suite of draft bylaws for consultation in accordance with section 83 of the LGA.

ATTACHMENTS 1. Attachment 1: Ad-hoc Committee ToR (under separate cover 1) ⇨ 2. Attachment 2: Objectionable Signs Bylaw Revocation Analysis (under separate cover 1) ⇨ 3. Attachment 3: 2020 Bylaws Issues & Options (under separate cover 1) ⇨ 4. Attachment 4: 2020 Draft Animals, Birds and Bees Bylaw (under separate cover 1) ⇨ 5. Attachment 5: 2020 Draft Control of Dogs Bylaw (under separate cover 1) ⇨ 6. Attachment 6: 2020 Draft Dog Control Policy (under separate cover 1) ⇨ 7. Attachment 7: 2020 Draft Litter Bylaw (under separate cover 1) ⇨ 8. Attachment 8: 2020 Draft Public Places Bylaw (under separate cover 1) ⇨ 9. Attachment 9: 2020 Draft Reserves Bylaw (under separate cover 1) ⇨

Item 4.10 Page 38 Ordinary Council Meeting Agenda 15 December 2020

4.11 ADOPTION OF THE CLASS 4 GAMBLING AND TAB VENUE POLICY 2020

Author: Temi Allinson, Policy Advisor Authorised by: Alan Menhennet, Head of Finance and Strategy

PURPOSE To adopt the Class 4 Gambling and TAB Venue Policy 2020.

EXECUTIVE SUMMARY The Gambling Act 2003 and Racing Industry Act 2020 require Council to have policies on Class 4 Gambling (gaming machines) and TAB venues. These are required to be reviewed every three years. The Council has combined these policies into one and they are due for review by December 2020. A public consultation was held over October and November 2020, followed by a hearing and deliberations session on 18 November 2020. The recommendations of the ad-hoc committee that oversaw the hearing have been incorporated into the draft policy and the final updated version is attached to this report for adoption. The minutes of the ad-hoc committee meeting are attached.

RECOMMENDATION(S) That Council adopts the Class 4 Gambling and TAB Venue Policy 2020.

OPTIONS Analysis of Options There are two options available. Option 1 – adopt the Class 4 Gambling and TAB Venue Policy 2020 Advantages Disadvantages • Council will meet legislative requirements. • None

Option 2 – do not adopt the Class 4 Gambling and TAB Venue Policy 2020 Advantages Disadvantages • None • Council will not meet its legislative requirements. Analysis Conclusion: Option 1 is the preferred option because it will allow Council to meet is legislative requirements.

CONSIDERATIONS

Financial Considerations There are no known financial considerations.

Legal Considerations The Gambling Act 2003 (Gambling Act) requires all territorial authorities to have a gambling venue policy, while the Racing Industry Act 2020 (Racing Act) requires a policy on standalone TAB venues. They are both required to be reviewed every three years in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

Policy Implications There are no known additional policy implications.

Item 4.11 Page 39 Ordinary Council Meeting Agenda 15 December 2020

Risks Gambling is an issue with considerable social costs and benefits for sections of the community. There are therefore strong views both for and against gaming machines.

SIGNIFICANCE OF THE DECISION OR PROPOSAL Council’s Significance and Engagement policy identifies the following matters that are to be taken into account when assessing the degree of significance of proposals and decisions: a. The level of financial consequences of the proposal or decision; b. Whether the proposal or decision will affect a large portion of the community or community of interest; c. The likely impact on present and future interests of the community, recognising Maori cultural values and their relationship to land and water; d. Whether the proposal affects the level of service of an activity identified in the Long-Term Plan; e. Whether community interest is high; and f. The capacity of Council to perform its role and the financial and other costs of doing so. Officers have undertaken a rounded assessment of the matters in clause 11 of the Significance and Engagement Policy (2016) and are of the opinion that the proposal under consideration is significant.

ENGAGEMENT Taking into consideration the above assessment, a special consultative procedure has been undertaken between 2 October and 2 November to allow members of the public provide input to the decision making.

COMMUNICATION/MEDIA The Class 4 Gambling and TAB Venue Policy will be published and made available to the community on the Council website. Submitters and other key stakeholders will be notified of the final adopted version and where the policy is available.

CONCLUSION Council is asked to adopt the Class 4 Gambling and TAB Venue Policy 2020.

ATTACHMENTS 1. Final Class 4 Gambling and TAB Venue Policy 2020 2. Class 4 Gambling and TAB Venues Policy Ad Hoc Committee Meeting Minutes - 18 November 2020

Item 4.11 Page 40 Ordinary Council Meeting Agenda 15 December 2020

4.12 ADOPTION OF THE TRANSPORT STRATEGY

Author: Aidan Smith, Policy Advisor Authorised by: Alan Menhennet, Head of Finance and Strategy

PURPOSE To adopt the Transport Strategy: Connecting Taupō 2020 – 2050.

DISCUSSION The Transport Strategy has no statutory standing and does not directly have financial implications. The Strategy will simply guide Council in the preparation of its Transport Asset Management plans and work programme, with investment and delivery decisions to be made as part of the Long-term plan. It does however reflect in principle commitments to the community, and a consultation process was undertaken to get input and agreement from the community on the direction we should be taking, subject to funding decisions and detailed plans as part of the Long-term Plan process. A Draft transport strategy was put out for public consultation between 4 August and 4 September 2020. Council received 65 submissions. Council heard from 14 submitters at hearings on 6 October 2020. Council also made deliberations on 6 October 2020, directing officers to make or investigate changes to the draft Transport Strategy. Attached is: • a summary of proposed changes, which outlines the suggested changes in response to submissions, hearings and deliberations • a revised transport strategy, with suggested changes marked in tracked changes • a revised issues paper, with suggested changes marked in tracked changes. Following adoption, Council will: • publicly notify its adoption • have the revised strategy, issues paper, summary of changes, and summary of submissions on its website • write to all submitters, thanking them for their input and directing them to the website to see the summary of changes (as attached).

Māori Engagement Although no formal submissions were received, we received concerns from iwi partners about the lack of Māori content, commitment to Treaty of Waitangi Principles, and recognition of Māori roles and aspirations in the Draft Transport Strategy put out for public consultation. No specific transport issues have been raised, nor have we identified any from a review of Iwi management plans. However, discussions have been had with Iwi partners in the development of the latest Infrastructure Strategy, and we have proposed similar changes to the Transport Strategy to acknowledge the Treaty of Waitangi and give recognition of Māori roles and aspirations.

RECOMMENDATION(S) That Council adopts: • The Transport Strategy: Connecting Taupō 2020 – 2050 • The Issues Paper subject to any further requested changes specified by Council, minor editing and formatting

ATTACHMENTS 1. Summary of changes (under separate cover 2) ⇨ 2. Transport Strategy for adoption (tracked changes) (under separate cover 2) ⇨

Item 4.12 Page 41 Ordinary Council Meeting Agenda 15 December 2020

3. Issues paper for adoption (tracked changes) (under separate cover 2) ⇨

Item 4.12 Page 42 Ordinary Council Meeting Agenda 15 December 2020

4.13 COUNCIL ENGAGEMENTS JANUARY AND FEBRUARY 2021

Author: Tina Jakes, Head of Democracy, Governance and Venues Authorised by: Gareth Green, Chief Executive Officer

Engagements

ENGAGEMENT DAY DATE TIME

Workshop – Long-term Plan 2021-31 (Council Thursday 28 10am-noon Chamber) January Workshops to be advised (Council Chamber) Tuesday 2 9.30am-noon February Council meeting Tuesday 2 Feb 1pm-4pm

Tūrangi-Tongariro Community Board public Wednesday 3 Feb 1.30pm-2pm forum (Boardroom, Tūrangi Service Centre) Tūrangi-Tongariro Community Board meeting Wednesday 3 Feb 2pm-3.30pm (Boardroom, Tūrangi Service Centre) Workshops to be advised (Council Chamber) Tuesday 9 Feb 9.30am-noon

Taupō Reserves & Roading Committee Tuesday 9 Feb 1pm-3pm meeting (Council Chamber) Taupō Airport Authority Committee meeting Monday 15 Feb 10.30am-noon (Taupō Airport, ANZAC Memorial Drive) Mangakino-Pouakani Representative Group Tuesday 16 Feb 10am-noon meeting (Mangakino Service Centre) Workshops to be advised (Council Chamber) Tuesday 23 Feb 9.30am-noon

Council meeting (Council Chamber) Tuesday 23 Feb 1pm-4pm

RECOMMENDATION(S) That Council receives the information relating to engagements for January and February 2021.

ATTACHMENTS Nil

Item 4.13 Page 43 Ordinary Council Meeting Agenda 15 December 2020

4.14 MEMBERS' REPORTS

Author: Tina Jakes, Head of Democracy, Governance and Venues Authorised by: Gareth Green, Chief Executive Officer

PURPOSE This item permits members to provide any updates relating to their particular wards, portfolios, working parties and report on recent meetings/functions/conferences they have attended as Council’s representative. No debate and/or resolution is permitted on any of the reports.

CONCLUSION Members’ reports will be presented at the meeting for receipt.

RECOMMENDATION(S) That Council receives the reports from members.

ATTACHMENTS Nil

Item 4.14 Page 44 Ordinary Council Meeting Agenda 15 December 2020

5 CONFIDENTIAL BUSINESS

RESOLUTION TO EXCLUDE THE PUBLIC

I move that the public be excluded from the following parts of the proceedings of this meeting. The general subject matter 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 each matter Reason for passing this Ground(s) under Section 48(1) to be considered resolution in relation to each for the passing of this matter resolution

Agenda Item No: 5.1 IRONMAN New Zealand - multi Section 7(2)(h) - the withholding Section 48(1)(a)(i)- the public year contract extension (2021- of the information is necessary to conduct of the relevant part of the 2026) enable [the Council] to carry out, proceedings of the meeting would without prejudice or be likely to result in the disclosure disadvantage, commercial of information for which good activities reason for withholding would exist under section 7 Section 7(2)(i) - the withholding of the information is necessary to enable [the Council] to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

I also move that [name of person or persons] be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of [specify]. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because [specify].

Item 4.14 Page 45