Agenda of Ordinary Council Meeting

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

Date: Tuesday, 25 May 2021 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 25 May 2021

Order Of Business

1 Apologies 2 Conflicts of Interest 3 Confirmation of Minutes 3.1 Ordinary Council Meeting - 27 April 2021 ...... 3 4 Policy and Decision Making 4.1 Receipt of the Lake Taupo Protection Project Joint Committee Meeting Minutes - March 2021 ...... 4 4.2 Consideration of the recommendation from the Lake Taupo Protection Project hearings committee ...... 5 4.3 Waiver of Development Contributions for Tuwharetoa Health Charitable Trust ...... 6 4.4 Extension of Contract TDC/1718/228 - Taupo District Council Streetlight Maintenance 2018-2021 ...... 11 4.5 Wastewater Treatment Plant Digester 2 Floating Roof Replacement ...... 14 4.6 Taupo Salesyards- requested changes to draft new lease ...... 18 4.7 Funding of Kiddle Drive / Napier Road / Arrowsmith Avenue Safe Intersection Improvement ...... 23 4.8 Adoption of Report on Dog Control Policy and Practices ...... 26 4.9 Adoption of Reserves Bylaw 2021 ...... 35 4.10 LGFA Standby Facility Agreement ...... 38 4.11 Council's April Performance Report ...... 39 4.12 Council Engagements June 2021 ...... 40 4.13 Members' Reports ...... 41 5 Confidential Business 5.1 Confirmation of Confidential Portion of Ordinary Council Minutes - 27 April 2021 ...... 42 5.2 Receipt of the Public Excluded Lake Taupo Protection Project Joint Committee Meeting held on 26 March 2021 ...... 42

Page 2 Ordinary Council Meeting Agenda 25 May 2021

3.1 ORDINARY COUNCIL MEETING - 27 APRIL 2021

Author: Shainey James, Democratic Services Officer Authorised by: Andrew Peckham, General Manager Corporate

RECOMMENDATION(S) That the minutes of the Council meeting held on Tuesday 27 April 2021 be confirmed as a true and correct record.

ATTACHMENTS 1. Council Meeting Minutes - 27 April 2021

Item 3.1 Page 3 Ordinary Council Meeting Agenda 25 May 2021

4.1 RECEIPT OF THE LAKE TAUPO PROTECTION PROJECT JOINT COMMITTEE MEETING MINUTES - MARCH 2021

Author: Tanya Wood, Senior Policy Advisor Authorised by: John Ridd, General Manager Policy and Strategy

PURPOSE To receive the minutes of the Lake Taupo Protection Project Joint Committee Meeting held on 26 March 2021.

RECOMMENDATION(S) To receive to minutes of the Lake Taupo Protection Project Joint Committee Meeting held on 26 March 2021.

ATTACHMENTS 1. Minutes of the Lake Taupo Protection Project Meeting - 26 March 2021

Item 4.1 Page 4 Ordinary Council Meeting Agenda 25 May 2021

4.2 CONSIDERATION OF THE RECOMMENDATION FROM THE LAKE TAUPO PROTECTION PROJECT HEARINGS COMMITTEE

Author: Tanya Wood, Senior Policy Advisor Authorised by: John Ridd, General Manager Policy and Strategy

PURPOSE To consider the recommendation from the Lake Taupō Protection Project hearings and deliberations held on 17 May 2021.

DISCUSSION Both Taupō District Council and Waikato Regional Council formed an ad hoc committee to hear submissions and deliberate on the future of the Lake Taupō Protection Project. The following recommendations were passed:

1. That the joint committee recommends that Waikato Regional Council and Taupō District Council proceed with option one: Governance undertaken by the Lake Taupō Protection Project Joint Committee with the management of the contracts undertaken by the Lake Taupō Protection Trust, with both councils providing adequate space for the Trust to work at either WRC or TDC office depending on the requirements of the work, noting the funding cap of 50% of the lowest cost option to be paid by Waikato Regional Council and

2. That settlors complete a review of the arrangements within 24 months’ time to consider whether the new governance and management structures are the most efficient and cost- effective ways to manage the agreements.

CONCLUSION Council must now decide whether or not to accept the recommendation.

RECOMMENDATION(S) 1. That Council includes in the Long-term Plan 2021-31 option one: Governance undertaken by the Lake Taupō Protection Project Joint Committee with the management of the contracts undertaken by the Lake Taupō Protection Trust, with both councils providing adequate space for the Trust to work at either Waikato Regional Council or Taupō District Council office depending on the requirements of the work, noting the funding cap of 50% of the lowest cost option to be paid by Waikato Regional Council.

2. That the settlors complete a review of the arrangements within 24 months’ time to consider whether the new governance and management structures are the most efficient and cost-effective ways to manage the agreements.

ATTACHMENTS Nil

Item 4.2 Page 5 Ordinary Council Meeting Agenda 25 May 2021

4.3 WAIVER OF DEVELOPMENT CONTRIBUTIONS FOR TUWHARETOA HEALTH CHARITABLE TRUST

Author: Scott Devonport, Consents and Regulatory Manager Authorised by: John Ridd, General Manager Policy and Strategy

PURPOSE To consider the waiving of Development Contributions [DC’s] for the new fitout of 80 Tuwharetoa Street by Tuwharetoa Health Charitable Trust.

EXECUTIVE SUMMARY Tuwharetoa Health Charitable Trust [Tuwharetoa Health] have fitted out 80 Tuwharetoa Street at significant expense to create one location to house multiple health services to provide community health services. Previously many of these services were in individual locations and this one new site creates efficiencies and improvements in the ability to deliver these crucial services. The fit out has created an assessment for DC’s, equating to $51,337.82 inclusive of GST, which Tuwharetoa Health have requested be waived due to their unique situation as a community health provided under a charity umbrella. The proposed 2021 Development Contributions Policy, has significantly changed our assessment for these types of commercial fitouts, meaning we would unlikely charge any DC’s for this sort of development from 1 July 2021. It is therefore appropriate to consider this request to waive fees, without fear of precedent based on the unique services being provided and the upcoming change in Policy direction. The preferred option is to grant a waiver in full.

RECOMMENDATION(S) That Council approves the full waiver of Development Contributions for Tuwharetoa Health Charitable Trust in respect of the property at 80 Tuwharetoa Street, Taupō to a value of $51,337.82 inclusive of GST.

BACKGROUND The proposal has not been presented previously. Tuwharetoa Health Charitable Trust have recently completed a significant fitout at 80 Tuwharetoa Street, Taupo at a cost of approximately $960,000. The new building will provide a range of community-based services for residents to support their wellbeing in health, education, and social services.

As part of the normal building consent process, a development contribution [DC] assessment was completed based on the current DC Policy. Based on the footprint of the fit out the DC charge was assessed at $51,337.82 inclusive of GST. Given the building is new and houses multiple tenancies (WSP and Anytime Fitness), the previous credit on the site was already utilised.

Tuwharetoa Health Charitable Trust have written to Council to request a waiver of the DC’s in consideration of their work as a charitable trust providing valuable community health care.

DISCUSSION The DC Policy ensures that new demand generated from growth is funding fairly and transparently from all development, including subdivision, building consents and new service connections. Tuwharetoa Health have recently undertaken a major refit of a new commercial building at 80 Tuwharetoa Street and the following DC assessment was provided in accordance with the current DC Policy based on the footprint of the area being refitted for the new health care facility: Tuwharetoa Health have written to Council requesting a waiver of the fee’s based on the valuable community health care service they provide and as a registered not-for-profit charity that has limited funding (see attached letter).

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There is no argument that the service being provided is crucial to our community and is a valuable part of our overall health care services when caring for our local community to support wellbeing in health, education, and social services. It should also be noted that this new facility brings together several existing health care providers under one roof. The DC Policy does not have any provision for waivers of DC’s. Simply put the Policy direction is that if demand is created by new development, that development should pay its fair share. The charge as assessed by the current 2018 Policy is as follows: HEU $/HEU Total Transportation 6.76 $4256.00 $28770.56 Water 0.78 $5360.00 $4180.80 Wastewater 1.57 $7446.00 $11690.22 Subtotal (excl GST) $44641.58

The new 2021 Development Contributions Policy, currently under consultation has taken a different approach to commercial development, in that an application such as this would not be assessed for DC’s and only at the time of subdivision would a charge be applicable. In other words, any application for a fitout for a commercial premise or an expansion to an existing commercial building, would not trigger the need to assess DC’s. It would only be when a new title is created that a DC charge would be applied and that would cover any future use of the site with the exception of high water or wastewater activities (exceeding 10m3 a day). The philosophy behind the 2021 Policy is that much of the growth in demand comes from residential growth (population increase) and that we can capture more fairly the cost of growth from mainly residential development. An example of this would be a new gym that opens due to the rising population base, creating capacity in the market for a new gym. The gym itself is not increasing demand to Council services, rather the overall population increase is the causing factor. The Health facility being considered here is the same, an increase in population requires more health and medical services, so again the population increase is driving demand, not the services themselves. It is considered appropriate to consider the direction Council is taking with the new DC Policy in regard to Tuwharetoa Health and their application for a waiver of fees. It is also considered appropriate to consider that this is a unique situation where existing services are being collocated within one building and unlikely to be replicated. This not only consolidates services for health, but likely results in less demand on Council services given the providers already exist and are likely to be more efficient under one roof. The unique set of circumstance, being the type of activity, existing multiple providers collocating and the proximity in timing to a new DC Policy being implemented ensures that there is not a precedent set, should Council be of a mind to waive the DC’s. Based on this information it is considered that there are three options: 1. Fully accept the application for a waiver of DC’s 2. Partially accept the application for a waiver of DC’s 3. Reject the application for waiver of DC’s

OPTIONS Analysis of Options

Option 1. Accept Waiver application in full Advantages Disadvantages • This will be consistent with the new 2021 DC • The 2021 DC Policy is still in a consultation Policy in that most growth-related costs of phase, albeit no submissions have been infrastructure are occurring due to residential received challenging the change in philosophy growth. that is relevant in this situation. • This will ensure Tuwharetoa Health Charitable • May be seen to set a precedent to waive fees

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Trust can utilise its limited funding into valuable for charitable organisations. health care services rather than funding Council infrastructure.

Option 2. Partially accept the application to Waive DC’s Advantages Disadvantages • This will be more in line with the new 2021 DC • Creates further uncertainty about how to Policy but recognising that this application is not calculate the appropriate fee’s by making a covered by that new Policy. decision around some arbitrary rate. • It will reduce the costs somewhat to Tuwharetoa • May be seen to set a precedent to reduce fee’s Health and still recognise the valuable work they for charitable organisations. do.

Option 3. Reject the application for waiver of DC’s Advantages Disadvantages • Is consistent with current DC Policy approach • Will likely require Tuwharetoa Health to divert that new development fully funds it’s expected funds away from valuable community health demand on Council services. care to pay the DC’s. • Ensures integrity of the Policy and that waivers • Is inconsistent with the direction Council is are not considered an appropriate method of indicating in the new 2021 Policy. providing what could be seen as a grant in disguise.

Analysis Conclusion: The preferred option is option 1, this is in line with the new Policy direction and also considers the unique nature of the services Tuwharetoa Health provide given this is a collocation of existing service providers and likely creates overall more efficiency to Council services.

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 financial impact of the proposal is estimated to be $51,337.82 inclusive of GST. Long-term Plan/Annual Plan The expenditure outlined is currently unbudgeted. But given the factors stated above, such as a change of funding more towards residential growth and the efficiency that occurs with this unique proposal, it is not considered there would be an actual shortfall of funding for the purpose of infrastructure.

Item 4.3 Page 8 Ordinary Council Meeting Agenda 25 May 2021

Local Government Act and how that applies to Development Contributions and our 2018 Development Contributions Policy. Authorisations are not required from external parties.

Policy Implications The proposal has been evaluated against the following plans:  Long Term Plan 2021-2031 ☐Annual Plan ☐ Waikato Regional Plan ☐ Taupo District Plan ☐ Bylaws ☐ Relevant Management Plan(s) The key aspects for consideration with regards to this proposal are as follows: The recommended option is consistent with the changes being implemented through the Long Term Plan 2021 and proposed Development Contributions Policy. There are no known policy implications as the preferred option is supported by the proposed Policy. 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. Tuwharetoa Health and the associated providers play a crucial role in Māori health care services. Supporting such an application to waive fees enables more money to be put into these services and therefore directly benefits our iwi partners.

Risks There may be a risk of setting a precedent and other similar charitable trust apply for waiver of DC’s. This is considered an extremely low risk given the direction of the new DC Policy will remove much of these costs.

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.

Item 4.3 Page 9 Ordinary Council Meeting Agenda 25 May 2021

COMMUNICATION/MEDIA No communication/media required.

CONCLUSION Tuwharetoa Health Charitable Trust have fitted out 80 Tuwharetoa Street at significant expense to create one location to house multiple health services to provide community health services. Previously many of these services were in individual locations and this one new site creates efficiencies and improvements in the ability to deliver these crucial services. The fit out has created an assessment for DC’s which Tuwharetoa Health have requested be waived due to their unique situation as a community health provided under a charity umbrella. The proposed 2021 Development Contributions Policy, has significantly changed our assessment for these types of commercial fitouts, meaning in the near future we would unlikely charge any DC’s for this sort of development. It is therefore appropriate to consider this request to waive fees, without fear of precedent based on the unique services being provided and the upcoming change in Policy direction.

ATTACHMENTS 1. Request to Waive DC's 2. DC Assessment

Item 4.3 Page 10 Ordinary Council Meeting Agenda 25 May 2021

4.4 EXTENSION OF CONTRACT TDC/1718/228 - TAUPO DISTRICT COUNCIL STREETLIGHT MAINTENANCE 2018-2021

Author: Colin Giles, Transport and Projects Manager Authorised by: Kevin Strongman, General Manager Operations and Delivery

PURPOSE This report is to seek approval to extend Contract TDC/1718/228 Taupō District Council Streetlight Maintenance for a period of one year.

EXECUTIVE SUMMARY The current Streetlight Maintenance Contract was awarded at the Council Meeting held on 29 May 2018, for a period of three years at a value of $1,016,141.06 plus GST with the option to extend it for two further periods of one year subject to satisfactory performance. The contract is a combination of measure and value and lump sum and has cost escalations applied. Horizon Networks Ltd from Whakatane has met the performance criteria. This report seeks approval to extend Contract TDC/1718/228 Taupō District Council Streetlight Maintenance for a period of one year until 30 June 2022. This will be the first extension to this Contract.

RECOMMENDATION(S) That Council:

1. Approves the extension of Contract TDC/1718/228 for maintenance of Taupō District Council streetlights with Horizon Networks Ltd for one further year to 30 June 2022. 2. Approves an increase to the value of the contract by $368,700.00 plus GST to cover costs due to the various changes in the scheduled items. This will bring the total sum of the contract to $1,384,850.00 plus GST.

BACKGROUND

The proposal has not been presented previously. The change of 3000 High Intensity Discharge luminaires to Light Emitting Diode luminaires, has reduced the energy and maintenance costs.

DISCUSSION Council needs to determine whether to extend the contract for a fourth year in accordance with the terms and conditions or whether to re-tender the work. If the contract was to be extended, the anticipated value based on an estimate of quantities, forwards works programme of works and allowance for cost fluctuations would increase by $368,700.00 plus GST. Taupō District Council has allocated sufficient funding with Council’s Transportation Programme to carry out this work. There are benefits in continuing with the existing Contractor due to the level of understanding and knowledge held by the current contracted staff. This may be lost if Council were to call for tenders. If Council decided to run a new tender process, there is a risk the contract price could increase as there is high uncertainty in the contract rates. Based on this information it is considered that there are two options: • Extend the existing Contract. • Prepare and call for tenders for the Streetlight Maintenance Contract.

Item 4.4 Page 11 Ordinary Council Meeting Agenda 25 May 2021

OPTIONS Analysis of Options Option 1 – Extend the existing contract. Advantages Disadvantages • Able to achieve desired outcome of • Does not test the market. maintaining the streetlights to the current standard and provide the level of service to the community which is provided by Horizon Networks Ltd. • Utilise efficiencies Horizon Networks Ltd have developed over the past three years. • Maintains institutional knowledge. • Requires minimal staff time and costs which would be required during the tendering process.

Option 2 – Prepare and call for tenders for the Streetlight Maintenance Contract. Advantages Disadvantages • Allows Council to test the market. • May result in higher costs to Council • May result in lower costs to Council • Will require high volume of staff time and resources

• If a new Contractor was selected there may be impacts associated with the transition period.

Analysis Conclusion: Option 1 (Extend the contract) is preferred because it requires minimal staff time, will cause minimal disruption and allows for the continuation of a good service to the public.

CONSIDERATIONS

Financial Considerations The financial impact of the proposal is estimated to be $368,700.00 plus GST. Funding for this has been allocated within the draft 2021-31 Long-term Plan in the Transportation Maintenance and Renewals Budget for Streetlighting.

Item 4.4 Page 12 Ordinary Council Meeting Agenda 25 May 2021

Policy Implications The proposal has been evaluated against the Draft Long-term Plan 2021-2031 and Asset Management Plan and is consistent with these plans.

Risks If Council does not extend this contract, there is a risk that an alternative tenderer might not be able to be found on similar or more favourable terms.

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.

COMMUNICATION/MEDIA No communication/media required.

CONCLUSION Horizon Networks Ltd is an experienced contractor with appropriate resources to fulfil the needs of this contract. They have successfully carried out streetlight maintenance on the streetlight network as per the contract and performance measures. It is considered appropriate to extend the existing contract as allowed for in the contract documents.

ATTACHMENTS Nil

Item 4.4 Page 13 Ordinary Council Meeting Agenda 25 May 2021

4.5 WASTEWATER TREATMENT PLANT DIGESTER 2 FLOATING ROOF REPLACEMENT

Author: Daniel McKay, Contracts and Procurement Specialist Authorised by: Kevin Strongman, General Manager Operations and Delivery

PURPOSE There is a need to replace the existing digester No.2 floating roof at the Taupō Wastewater Treatment Plant (WWTP). This requirement is due to the age and condition of the existing roof. This paper discusses the options of replacing this roof versus doing nothing.

EXECUTIVE SUMMARY Taupō District Council (TDC) went to market to understand the optimal way to remove the existing roof and guide rails and the building, installation and commissioning of a new replacement roof modelled on the floating roof installed on digester No.1. Due to the nature of this work and the specialisation within Taupō, four local fabrication businesses were approached. Only one conforming bid was received. This is reflective of the capacity of the industry at the moment. A benchmarking exercise was done to confirm value for TDC. Replacing the Digester No.2 floating roof will reduce the risks of operational and health and safety incidents, and this replacement floating roof should have a lifespan of 20+ years.

RECOMMENDATION(S) That Council accepts the Tender for Contract TDC/2021/369 for the removal, supply, and installation of Digester No.2 Roof submitted by MB Century for the sum of $529,631 [excl. GST] with a contingency of $80,000 [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.

DISCUSSION TDC are working through several stages of operational upgrades and asset replacements at the Taupō Wastewater Treatment Plant (WWTP). These upgrade works are to improve service to the community and to increase the available life of each asset to an acceptable level. Within this programme of works, there is a requirement to replace the existing digester No.2 floating roof (built in 1972). This requirement is due to the age and condition of the existing roof. The steel and protection coatings are in poor condition and are causing operational issues. The new roofing structure will be similar in design to the roof on digester No.1. The scope of works includes the removal of the existing roof and guide rails and the building, installation and commissioning of a new replacement roof. It is thought that this works will last for at least 20 years. It is possible that the internal structure has failed, but we cannot know this until we have removed the existing roof. Should we find any failure of this structure it will cost extra to remedy this. Doing this work will ensure that we can maintain our level of service and will ensure legislative compliance whilst ensuring cost avoidance through not having a catastrophic failure. If we don’t do this work we will have the potential for both operational and health and safety risk. Should the digester roof continue to cause operational issues the following could occur: 1. Gases could be released from the digester roof causing – poor performance of the digester, resulting in the other digesters needing to provide a higher level of service; odour concerns could be raised from the community resulting in a breach of the sites odour consent limits; the pressure of the gas system could drop to a point that would result in the hot water heating system not being able to provide the necessary heating for the three on site digesters, resulting in total digester plant failure.

Item 4.5 Page 14 Ordinary Council Meeting Agenda 25 May 2021

It is important to note, having gas leaks within the digester area has a high risk of an explosion. Typically our electrical and instrumentation equipment within the digester area is not zone rated. Meaning that they are not intended for use around gases. They have the potential to produce sparks and would put the complete area at risk. 2. The holes currently in the digester allow for rainwater and condensate to collect within the roof structure. This liquid collected can and has (under the right conditions) turned into a light sulphuric acid, and can caused the roof structure to tilt to one side and jam in place. Should these holes get worse and a significant rain event happen, this could cause significant issues with being able to correct the roof after the event. Both of these issues have significant health and safety concerns. The start date for this work is likely to be in June 2021 and will overlap into the next financial year.

TENDERS RECEIVED It was decided that a closed market engagement process be utilised with local fabricators (Ag Industrial Engineering, Devine Engineering, MB Century, and Steiner & Moses), as these fabricators have the capability to perform this work, and having a local presence is essential in terms of being able to support the installation and commissioning. Tender documents were issued for a proposed contract on 16 February 2021. Tenders closed on 21 March 2021. One conforming tender was received from the following organisation: • MB Century (Taupō)

Ag Industrial Engineering and Devine Engineering both chose to not submit bids. In the case of Ag Industrial Engineering TDC were notified just before the bid closing date. Steiner & Moses indicated at the start of the process that they would not bid. Devine Engineering did not notify us that they would not be bidding.

The Tender price received was $529,631 (excluding GST).

TENDER EVALUATION Tenders were evaluated on a weighted attributes basis. The received bid was benchmarked against other jobs, and the evaluation team is satisfied that this bid represents good value for TDC. An engineers estimate shows that a reasonable price in the current market place is $621,000 (excluding GST). Furthermore, awarding this job now is advantageous to TDC for the following reasons: • The price of steel and other commodities are increasing and there is recognised supply chain disruption for these materials. MB Century have indicated that they already have the required materials in their yard. There will be no materials escalation in the quoted price. • Contact Energy are about to start building the Tauhara Geothermal Power Station. MB Century have indicated that they can complete this project before their commitments to assisting with the delivery of the new Geothermal Power Station will consume them. This factor is highly likely to impact on other local fabricators as well.

RECOMMENDED CONTRACT PRICE The tender submitted by MB Century being $529,631 (excluding GST) over the contract term. A contingency of $80,000 (excluding GST) is asked for in the event of needing to replace the internal structure (which we will not know until we have removed the existing roof) or other unknown factors.

OPTIONS Council may choose to accept the preferred tender or not. If the tender is not accepted there is a risk that the floating roof on digester 2 may fail and cause an operational or health and safety issue.

CONSIDERATIONS

Financial Considerations The financial impact of the proposal is estimated to be $529,631 (excluding GST). The project was initially budgeted for $370,000 (excluding GST) and this figure was proposed in the 20/21 Annual Plan WWTP renewals. The remaining $159,631 (excluding GST) will be funded by the 21/22 Annual

Item 4.5 Page 15 Ordinary Council Meeting Agenda 25 May 2021

Plan WWTP renewals. Any contingency required, due to an internal structure failure or otherwise will also come from the 21/22 Annual Plan renewals. This project will span both financial years. Long-term Plan/Annual Plan The expenditure outlined is partially budgeted within district-wide waste-water renewals for $370,000 (excluding GST) in 20/21. The remainder will be in the district-wide waste-water renewals for 21/22.

Policy Implications There are no known policy implications.

Risks The risks are detailed in the body of the report. These include: • Potential gas release. • Further deterioration of the roof resulting in a more difficult replacement. • Materials Price escalation. • External market conditions.

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COMMUNICATION/MEDIA Direct communication has been/will be carried out with affected parties/key stakeholders but no wider communication is considered necessary.

CONCLUSION It is recommended that TDC engages MB Century to remove the existing roof and guide rails and the building and installation of a new replacement roof. This will ensure the safe and efficient operation of the No.2 Digester roof for an additional 20+ years.

ATTACHMENTS 1. Benchmarking of the Digester Floating Roof Replacement

Item 4.5 Page 17 Ordinary Council Meeting Agenda 25 May 2021

4.6 TAUPO SALESYARDS- REQUESTED CHANGES TO DRAFT NEW LEASE

Author: Ella Howie, Legal Counsel Authorised by: Andrew Peckham, General Manager Corporate

PURPOSE The purpose of this report is for Council to decide on changes requested by the Taupō Saleyards to the draft lease and sublease agreements.

EXECUTIVE SUMMARY The Taupō Saleyards lease Council land at 14 Oruanui Street for saleyards purposes. The Council subleases back part of the land for stock effluent dump/truck wash purposes. The existing lease and sublease expires on 31 December 2021. Council resolved at its January 2020 meeting to grant a new lease and enter into a new sublease, both for 10+10 year terms. Council and the Taupō Saleyards are negotiating the terms of the new proposed lease and sublease. The Taupō Saleyards has subsequently requested that the term be 5+5+5+5 years instead of 10+10 years, and that the “Business Use” description is extended to include “truck wash, stock effluent dump, telecommunications tower, pony club and western riding arena”. The stock effluent dump, truck wash, pony club and western riding arena are existing historic activities. The telecommunications tower is a proposed new activity. This report recommends that Council agrees to the requested changes to the term and Business Use description.

RECOMMENDATION(S) That Council: 1. Revokes its resolution TDC202001/08. 2. Agrees to grant Taupō Saleyards Limited a new lease of 14 Oruanui Street for saleyards and associated purposes, stock effluent dump, truck wash, telecommunications tower, pony club and western riding arena, for a term of 5+5+5+5 years at an annual rental of $6,473 plus GST per annum with rent review every 5 years, to commence on 1 January 2022. 3. Agrees to sublease from Taupō Saleyards Limited the area of land at 14 Oruanui Street outlined in Attachment 1 for a term of 5+5+5+5 years for stock effluent dump/truck wash purposes at an annual rental of 28% of the headlease annual rental, to commence on 1 January 2022.

BACKGROUND The proposal has been before Council at a prior meeting on the 30th of January 2020, refer item number 5.5 and the following resolutions were made (resolution TDC202001/08): That Council agrees to: 1. Grant Taupō Saleyards Limited a new lease of 14 Oruanui Street for saleyards and associated purposes for a term of 10 +10 years at an annual rental of $6,473 plus GST per annum with rent reviews every 5 years, to commence simultaneously with the surrender of the existing lease that expires on 31 December 2021. 2. Sublease from Taupō Saleyards Limited the area of land at 14 Oruanui Street outlined in Attachment 1 to the report attached to the agenda for stock effluent dump/truck wash facility purposes for a term of 10+10 years at an annual rental of 28% of the headlease annual rental, to commence simultaneously with the surrender of the existing sublease that expires on 31 December 2021. As a result a draft lease and sublease was presented to the Taupō Saleyards for signing. The Taupō Saleyards has requested the following amendments to the draft lease agreements which require a decision from Council: 1. 5+5+5+5 year lease and sublease instead of 10+10 years; 2. Extend the business use description from:

Item 4.6 Page 18 Ordinary Council Meeting Agenda 25 May 2021

“Saleyards for the disposal by auction of livestock farm produce and all property both real and personal incidental to the farming industry” To (requested changes underlined): “Saleyards for the disposal by auction of livestock farm produce and all property both real and personal incidental to the farming industry and stock effluent dump, truck wash, telecommunications tower, pony club and western riding arena.”

DISCUSSION Spark telecommunications tower: The Taupō Saleyards wish to sublease an area to Spark to install a telecommunications tower providing new broadband services and improved mobile phone coverage. Attachment 2 shows the proposed location of the cell tower and specifications. The proposal is described in full in the attached plans and includes: - Installation of a new pole structure. The total height of the new pole excluding the lightening rod is 25m; - Installation of six panel antennas (measuring approximately 2.5m x 0.6m x 0.25m – HxWxD) to be fixed to the top of the mast; - Installation of ancillary equipment to be fixed to the mast under the antennas; - Installation of a 600mm diameter dish antenna to be fixed to the mast under the ancillary equipment; - New modular equipment cabinets atop a concrete base (measuring approximately 2.52m wide x 0.48m deep and 1.6m high in total excluding the concrete foundation); - Installation of underground power and fibre connections. Spark has already received a certificate of compliance pursuant to section 139 of the Resource Management Act 1991 for the proposed activity. The location of the proposed tower will not impede access to the truck wash/stock effluent dump facility. Spark has investigated other locations (private land and road reserve) but these options were either unsuitable due to topography or permission could not be obtained. Stock effluent dump, truck wash, pony club, western riding club The stock effluent dump, truck wash, pony club, and western riding club are activities that have been carried out on land leased to the Taupō Saleyards for some time. As a matter of formality, the description of the business use is requested to be extended to include these existing activities. The Oruanui Pony Club, and the Taupō Western Riding Club currently occupy an area of the leased land. The stock effluent dump is operated by Central Transport under contract to Council. Central Transport also operate the truck wash. Term of the lease and sublease: The Taupō Saleyards has requested that the term of the lease is 5+5+5+5 years instead of 10+10 years so that the subleases align. Officers see no issues with this and the total term is still 20 years. Other community activities permitted under the lease: The lease contains a clause that the Saleyards may make available the premises to other users at such charges as they may from time to time impose for purposes incidental to the farming industry and for the benefit of the community generally provided however that the conduct of the business of a saleyard for the disposal by auction of livestock, farm produce and all property both real and personal incidental to the farming industry shall not be interfered with. The lease expressly prohibits the erection of any structure of any nature, whether temporary or permanent, for the purposes of geothermal investigation or activity, or excavations for/or extraction of geothermal resources to be effected on the premises.

Item 4.6 Page 19 Ordinary Council Meeting Agenda 25 May 2021

Lease fees The current annual rental is $3,640 plus GST per annum. A recent market rental valuation recommended $12,000.00 plus GST. Council resolved that annual lease fees in the new lease are to be $6,473 plus GST per annum. Taupō Saleyards will be receiving $8,000.00 per annum in sublease fees from Spark. There is therefore scope for Council to increase the lease fees should it agree to allow the Spark sublease. It should be noted that 28% of the rental received by Council would be paid back to the Taupō Saleyards by Council under Council’s sublease for the land used for the truck wash/stock effluent dump facility. Also, the new lease provides for market rent reviews every 5 years.

OPTIONS Analysis of Options Option 1. Agree to extend the description of the business use and to the 5+5+5+5 year term of the lease and sublease. Advantages Disadvantages • The Taupō Saleyards can receive additional • None known. revenue from Spark for the sublease. • The existing historic activities (pony club, western riding, stock effluent dump, truck wash) are permitted in the lease. • Greater cellphone coverage for rural community and new broadband service for the area.

Option 2. Decline to extend the description of the business use and the 5+5+5+5 year term. Advantages Disadvantages • None known • The existing historic activities (Pony Club, stock effluent dump, truck wash, western riding) will not be permitted under the lease. • Cellphone coverage in the area will continue to be poor. • Taupō Saleyards will not receive additional revenue from Spark for the sublease.

Option 3. Agree to extend the description of the business use to include existing activities but decline the new proposed activity of a Spark tower, and agree to the 5+5+5+5 year term. Advantages Disadvantages • The existing historic activities (pony club, • The rural community do not receive the benefit western riding, stock effluent dump, truck wash) of greater cellphone coverage and new can lawfully continue. broadband service. • The Taupō Saleyards will not receive additional revenue from Spark for the sublease.

Item 4.6 Page 20 Ordinary Council Meeting Agenda 25 May 2021

Analysis Conclusion: The preferred option is for Council to agree to extend the description of the “business use” to include the existing historic activities (stock effluent dump, truck wash, pony club, western riding club) and also to permit the proposed new activity (Spark telecommunications tower) to ensure greater cellphone and broadband service coverage in the area. In respect of the sublease and lease term, the preferred option is for Council to agree to the 5+5+5+5 year term of the lease and sublease instead of 10+10 years.

CONSIDERATIONS

Financial Considerations Council will receive a small financial return from the lease.

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. Land Status The land is held in fee simple by the Taupō District Council and comprises of 16.1844 hectares. The land was purchased by the Council in 1970 from the Crown and the contract included the following condition: “That the area be used for saleyards, or associated purposes, and if the saleyards are not established the land is to be returned to the Crown at the same purchase price plus the cost of survey.” There is a deed dated 6 March 1998 between the Council and the Crown which records that the above condition had been satisfied with the construction of the saleyards on the property in or around 1970/1971. The deed further records that the Crown agrees that any obligation or liability that exists or may have existed in favour of the Crown pursuant to the contract or condition was wholly extinguished as at the date of satisfaction of the condition, and that all legal and equitable rights and interest in the Property now reside with the Taupō District Council. There are no interests registered on the title that affect the ability of the Council to lease this land for the proposed purpose or for an alternative purpose. Council may lease the land to Taupō Saleyards pursuant to Council’s power of general competence under section 12(2) of the Local Government Act 2002. Authorisations as follows are required for the proposal: ☐ Resource Consent ☐ Building Consent ☐ Environmental Health ☐ Liquor Licencing ☐ Licence to occupy Authorisations are not required from external parties.

Policy Implications The proposal has been evaluated against the following plans: ☐ Long Term Plan 2018-2028 ☐Annual Plan ☐ Waikato Regional Plan ☐ Taupō District Plan ☐ Bylaws ☐ Relevant Management Plan(s) There are no known policy implications. The land is zoned Rural Environment under Council’s District Plan. Spark has received a certificate of compliance from Taupō District Council confirming the proposed installation complies with all relevant regulations of the District Plan and relevant regulations under the National Environment Standards for Telecommunications Facilities 2016.

Item 4.6 Page 21 Ordinary Council Meeting Agenda 25 May 2021

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. There are no known culturally significant sites on the land and therefore consultation with Māori has not been carried out in terms of this decision.

Risks There are no known risks associated with the decision to extend the business use description. Spark has advised that if Council were not to agree to permit the telecommunications tower then government funding for the new site would be lost and rural wireless broadband service to surrounding residents would be delayed indefinitely until new funding was provided and then a suitable alternative site found and acquired. Further that the funding would likely be reallocated so new funding is not guaranteed and then the process of acquiring a new site generally takes 12-24 months. If Council were to decline to approve the existing historic activities (pony club, truck wash, stock effluent facility, western riding club) then the community would lose the benefit of those services/activities.

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.

COMMUNICATION/MEDIA Communication of the decision will be carried out after consultation with Council’s Communications Team.

CONCLUSION This report recommends that Council agrees to the requested changes to the term and Business Use description. ATTACHMENTS 1. Stock effluent dump/truck wash sublease area 2. Certificate of compliance - Spark Telecommunications Tower 3. Taupo Saleyards Lease Area

Item 4.6 Page 22 Ordinary Council Meeting Agenda 25 May 2021

4.7 FUNDING OF KIDDLE DRIVE / NAPIER ROAD / ARROWSMITH AVENUE SAFE INTERSECTION IMPROVEMENT

Author: Bryson Huxley, Senior Engineering Officer Authorised by: Kevin Strongman, General Manager Operations and Delivery

PURPOSE The project team requires a decision on whether Council should accept the risk of funding the entire safe intersection improvement at the intersection of Kiddle Drive, Arrowsmith Ave, and Napier Road, if Waka Kotahi do not approve 51% share of funding in September 2021.

EXECUTIVE SUMMARY Confirmation of Waka Kotahi co funding (at 51%) for a safe intersection improvement at the intersection of Kiddle Drive, Arrowsmith Ave, and Napier Road, is unlikely to be received until September 2021. The normal process would be to wait until we have funding confirmed before starting procurement of a contractor for construction. However, there has been a desire from the community and Council that construction at this intersection should begin as soon as possible. Therefore, we are seeking a decision on whether council accepts the risk that funding might or might not be granted by Waka Kotahi and begin construction as soon as possible or to wait until Waka Kotahi funding is received in September 2021.

RECOMMENDATION(S) That Council accepts the risk of funding the entire safe intersection improvement at the intersection of Kiddle Drive, Arrowsmith Ave, and Napier Road, if Waka Kotahi do not approve 51% share of funding in September 2021, and proceed with the time frame to begin construction as soon as possible.

BACKGROUND The proposal has not been presented previously. Council has submitted $1.95 million for the safe intersection improvement at the intersection of Kiddle Drive, Arrowsmith Ave, and Napier Road into the LTP, RLTP and the NLTP under the Low Cost Low Risk Funding category. Due to delays in the NLTP programme, this will not have Waka Kotahi final approval until September 2021. This presents us with a conflict of wanting to undertake procurement of a contractor and commence construction as soon as possible and waiting for funding approval from Waka Kotahi.

DISCUSSION Although the indication from Waka Kotahi is that we are likely to receive this funding, there is still no guarantee due to other competing safety projects across the country. This means that if we begin to let a tender prior receiving Waka Kotahi’s approval of the project, Council will be contractually obligated to fund the full $1.95m for the project. If we do begin the work prior to Waka Kotahi’s approval, and Waka Kotahi subsequently does approve funding then we can back date our claim back to 1 July. There would be limited benefit on starting construction significantly earlier, as construction in mid-August aligns with any sealing work occurring in the warmer months (November / December). Based on this information it is considered that there are two options.

Item 4.7 Page 23 Ordinary Council Meeting Agenda 25 May 2021

OPTIONS Analysis of Options

Option 1. Accept the funding risk and proceed with the time frame to begin construction before Waka Kotahi confirms approval of the project for funding. Advantages Disadvantages • Begin Construction mid-August • Risk of not gaining 51% share from Waka Kotahi

Option 2. Wait until funding is approved from Waka Kotahi in September before procuring Contractor Advantages Disadvantages • Eliminates funding risk for council. • Construction would begin in October 2021 (allowing September for tendering) • Risk of further crashes • Community expectations are not met

Analysis Conclusion:

Option 1. is the preferred option. This is an important safety project and delaying this has safety risks for the community.

CONSIDERATIONS

Financial Considerations The financial impact of the proposal could be $0.996 million (Waka Kotahi’s 51% share of $1.95 million of the project cost) Long-term Plan/Annual Plan The expenditure outlined is allocated in the draft 2021 Long-term Plan. This proposal is not requesting any unbudgeted expenditure, but is highlighting the risk that we could council might not be able to claim Waka Kotahi’s 51% share ($0.996 million), if we do not receive approval from Waka Kotahi.

Item 4.7 Page 24 Ordinary Council Meeting Agenda 25 May 2021

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 Risks are as explained above with the key risk being financial and discussed above.

COMMUNICATION/MEDIA This decision requires no communication or media.

CONCLUSION It is recommended that Council accepts the risk of funding the entire safe intersection improvement at the intersection of Kiddle Drive, Arrowsmith Ave, and Napier Road, if Waka Kotahi do not provide part funding in September 2021, and proceed with the time frame to begin construction as soon as possible. The expenditure outlined is allocated in the draft 2021 Long-term Plan. This proposal is not requesting any unbudgeted expenditure, but is highlighting the risk that we could council might not be able to claim Waka Kotahi’s 51% share ($0.996 million), if we do not receive approval from Waka Kotahi.

ATTACHMENTS Nil

Item 4.7 Page 25 Ordinary Council Meeting Agenda 25 May 2021

4.8 ADOPTION OF REPORT ON DOG CONTROL POLICY AND PRACTICES

Author: Ross McDonald, Compliance Team Leader Authorised by: Andrew Peckham, General Manager Corporate

PURPOSE To adopt the 2019/20 report on the administration of Taupō District Council’s Dog Control Policy and its dog control practices.

DISCUSSION Section 10A of the Dog Control Act 1996 requires the Council, in respect of each financial year, to report on the administration of: 1. its dog control policy adopted under section 10 of the Act; and 2. its dog control practices. Attachment 2 show the figures from the 2018/19 year financial year for comparison.

CONCLUSION The report for the 2019/20 financial year is attached for adoption, following which public notice of the report will be given.

RECOMMENDATION(S) That Council adopts the Annual Dog Control Report 2019/20 [A2909069].

ATTACHMENTS Nil

Item 4.8 Page 26 Ordinary Council Meeting Agenda 25 May 2021

Taupō District Council Annual Dog Control Report 2019/20 Dog Control Act 1996 Section 10A

This report has been prepared by: R. McDonald Compliance Team Leader - Taupō District Council

Item 4.8 Page 27 Ordinary Council Meeting Agenda 25 May 2021 CONTENTS

1. Introduction

2. Section 10A(1)(a) - Dog Policy

3. Section 10A(1)(b) - Summary of Practices

4. Section 10A(2)(a-g) - Table of Complaints

ANNEX A - Dog Control Act 1996 Section 10A

Item 4.8 Page 28 Ordinary Council Meeting Agenda 25 May 2021

1. Introduction In accordance with section 10A of the Dog Control Act 1996 (the Act), territorial authorities are required to report each financial year on the administration of their dog control policy and dog control practices. The report must include information relating to: • The number of registered dogs in the territorial authority district;

• The number of probationary owners and disqualified owners in the territorial authority district;

• The number of dogs in the territorial authority district classified as dangerous under section 31 and the relevant provision under which the classification is made;

• The number of dogs in the territorial authority district classified as menacing under section 33A or section 33C and the relevant provision under which the classification is made;

• The number of infringement notices issued by the territorial authority;

• The number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints; and

• The number of prosecutions taken by the territorial authority under the Act.

Item 4.8 Page 29 Ordinary Council Meeting Agenda 25 May 2021

2. Section 10A(1)(a) Dog Control Policy Taupō District Council adopted a policy dated 23 September 2013. The objectives of this Policy are: • To ensure the protection of public health and safety in areas used by the general public as well as dog owners and their dogs. • To provide for exercise and recreational needs of dogs and their owners. • To minimise the fear of dogs attacking or intimidating people. • To avoid danger from uncontrolled dogs entering children’s play areas. • To minimise danger, distress and nuisance caused by dogs. • To have all dogs registered and micro-chipped.

The principles of the Policy are: • Taupō District Council places a high priority on ensuring that dogs are registered.

• Taupō District Council recognises that the large majority of dog owners are very responsible and, as a result, the interaction between dogs and the public is generally positive.

• Dogs need the ability to exercise unrestrained and within a social setting. There are designated dog exercise areas throughout the District. Dog owners are encouraged to act responsibly, evaluate the circumstances and then to take all reasonable steps to ensure that their dogs do not cause a nuisance, in these areas.

• Taupō District Council believes that conflicts can be resolved and managed in a way that protects the public, manages the pet population, prevents cruelty to animals and balances the interests of many people in the community.

Legislation and bylaws also affect the Policy and how it relates to the control of dogs and the obligations of the Taupō District Council. During the reporting period, the Compliance Team has continued its commitment to the Policy. Some of the ways the Team has achieved this are:

• Ensuring our procedures for the care of dogs is regularly monitored. This year we have focussed on the way the facility is cleaned and maintained to ensure that the appropriate precautions are taken to mitigate the introduction of illness and diseases such as Parvovirus etc. Compliance has been achieved by assisting and educating dog owners rather than by infringements alone.

• Continual improvement of our investigation practices to ensure that the response from Council is fair, measured and in the best interest of the community.

• Patrols of the district’s reserves and open spaces.

• Registration for the year was in excess of 99 percent of known dogs in the district – this is a great result achieved through proactive actions such as contact with our owners, education, patrols and compliance action prior to and post the month registration is due.

3. Section 10A(1)(b) Summary of Practices

Item 4.8 Page 30 Ordinary Council Meeting Agenda 25 May 2021

The Animal Control functions of the Dog Control Act 1996 are managed by our Compliance Team. This is made up of: • A Team Leader;

• A Senior Compliance Officer;

• 4 x Compliance Officers;

• A Pound Keeper Compliance Officer; and

• A Part time Pound Assistant

The Council Animal Control facility is located at 131 Centennial Drive Taupō along with the Pound/ Animal Shelter. There is also a small Pound/ Animal Shelter located at Turangi, this is not open to the public and houses dogs on a temporary basis only. This Taupō facility is operated by Council staff and acts as a welfare centre for day to day care of animals as well as being available for companion animals during a major event such as a natural disaster. It has kennelling for 42 dogs, an exercise yard and three amnesty drop cages. The Council Animal Control facility is co-located next to the Taupō SPCA which we work closely with when dealing with animal welfare issues and rehoming of dogs. Rehoming is also undertaken with other animal rescue centres, pet shops and through our own dedicated Facebook page. Registration services are available at the Animal Control facility as well as low cost micro-chipping, discounted leads and collars. Compliance Officers aim to build great relationships with our community and promote the benefits of compliance which we enforce with reason and compassion, taking into account individual circumstance where appropriate. This creates a better place to be for our community, and Compliance Officers get an opportunity to interact with the public and hand out education cards that provide information about dogs and the Taupō district. During this report period the Compliance Team also dealt with the challenges presented by the Covid-19 Pandemic and various levels of lockdown. We continued to run our ‘Take the Lead’ Campaign which ran over the last summer period. This involved Compliance Officers targeting those owners that had their dog off lead in areas where a lead is required and if they were not carrying a lead a free lead, were gifted one alongside the opportunity to chat and inform them of their responsibilities. This has again been a positive experience with our community responding to the message. Our Compliance Officers regularly patrol Taupō district’s reserves and open spaces to achieve greater compliance and interact with dog owners in a positive way. The patrols increase over our District’s busy summer and holiday periods which assist Council to achieve its aim of balancing the needs of dogs and their owners, while minimising any potential issues to the community and environment. The Taupō District Council, in association with Department of Internal Affairs (DIA), continues to promote free neutering (de-sexing) for menacing dogs. There is also a discount for microchipping and registering menacing dogs that have not been previously registered. Dog education is provided by the Compliance Team and continues to grow its audience. The Dog Smart Programme is presented mainly to primary school and preschool age children and community groups. Community events are also attended to promote dog rehoming and safe handling around dogs.

Item 4.8 Page 31 Ordinary Council Meeting Agenda 25 May 2021

4. Section 10A(2)(a-g) Dog Control Act 1996 Section 10A Report - End of Financial Year 2019/20 10A(2)(a) The number of registered dogs 7,367 The number of owners 4,983 10A(2)(b) The number of probationary owners 3 The number of disqualified owners 9 10A(2)(c) The number of dogs in the territorial authority district classified as dangerous 26 under section 31 and the relevant provision under which the classification is made: Section 31(1)(a) Conviction under Section 57A(2) 0 Section 31(1)(b) Sworn Evidence 20 Section 31(1)(c) Owner admission 6 10A(2)(d) The number of dogs in the territorial authority district classified as menacing 133 under section 33A or section 33C and the relevant provision under which the classification is made: Section 33A 84 Section 33C 49 10A(2)(e) The number of infringement notices issued by the territorial authority: 1181

10A(2)(f) The number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:

Animal Care/Welfare 24 Dogs/Animal Management and After Hours 102 Attack 83 Barking 324 Lost/Found 334 Pound/Impounding 555 Registration checks 535 Roaming/Fouling 447 Rushing/Aggression 79 10A(2)(g) The number of prosecutions taken by the territorial authority under this Act. 0

Item 4.8 Page 32 Ordinary Council Meeting Agenda 25 May 2021

ANNEX A

Dog Control Act 1996 Section 10A Territorial authority must report on dog control policy and practices (1) A territorial authority must, in respect of each financial year, report on the administration of— (a) its dog control policy adopted under section 10; and (b) its dog control practices. (2) The report must include, in respect of each financial year, information relating to— (a) the number of registered dogs in the territorial authority district: (b) the number of probationary owners and disqualified owners in the territorial authority district: (c) the number of dogs in the territorial authority district classified as dangerous under section 31 and the relevant provision under which the classification is made: (d) the number of dogs in the territorial authority district classified as menacing under section 33A or section 33C and the relevant provision under which the classification is made: (e) the number of infringement notices issued by the territorial authority: (f) the number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints: (g) the number of prosecutions taken by the territorial authority under this Act. (3) The territorial authority must give public notice of the report— (a) by means of a notice published in— (i) 1 or more daily newspapers circulating in the territorial authority district; or (ii) 1 or more other newspapers that have at least an equivalent circulation in that district to the daily newspapers circulating in that district; and (b) by any means that the territorial authority thinks desirable in the circumstances. (4) The territorial authority must also, within 1 month after adopting the report, send a copy of it to the Secretary for Local Government.

Please contact the Taupō District Council Compliance Team if you have any questions regarding this report.

Item 4.8 Page 33 Ordinary Council Meeting Agenda 25 May 2021

Dog Control Act 1996 Section 10A Report - End of Financial Year 2018/19

10A(2)(a) The number of registered dogs 7,427 The number of owners 4,842

10A(2)(b) The number of probationary owners 7 The number of disqualified owners 9

10A(2)(c) The number of dogs in the territorial authority district classified as dangerous under section 31 and the relevant provision under which the classification is made: 24 Section 31(1)(a) Conviction under Section 57A(2) 0

Section 31(1)(b) Sworn Evidence 21

Section 31(1)(c) Owner admission 3

10A(2)(d) The number of dogs in the territorial authority district classified as menacing under section 33A or section 33C and the relevant provision under which the classification is made: 140

Section 33A 84

Section 33C 56

10A(2)(e) The number of infringement notices issued by the territorial authority: 503

10A(2)(f) The number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:

Animal Care/Welfare 70

Dogs/Animal Management and After Hours 151

Attack 114

Barking 387

Lost/Found 385

Pound/Impounding 782

Item 4.8 Page 34 Ordinary Council Meeting Agenda 25 May 2021

4.9 ADOPTION OF RESERVES BYLAW 2021

Author: Temi Allinson, Policy Advisor Authorised by: John Ridd, General Manager Policy and Strategy

PURPOSE To adopt the Reserves Bylaw 2021.

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 Reserves and Public Places Bylaw was carved out of the General Bylaw No.1 2008 in 2016. This review of the bylaws has been undertaken to allow Council to meet statutory obligations around the review of bylaws, while also ensuring that the bylaws continue to function as intended. For ease of administration, reserves and public places have been split into separate bylaws, and this report is for the adoption of the Reserves Bylaw 2021 alone. A public consultation was held over January and February 2021, followed by a hearing and deliberations session on 24 March 2021. The recommendations of the ad-hoc committee that oversaw the hearing have been incorporated into the draft documents and the final updated version is attached to this report for adoption. The minutes and resolution of the Ad Hoc Bylaws Committee meeting are attached [attachments one and two].

RECOMMENDATION(S) That Council: 1. In accordance with sections 145 and 146 of the Local Government Act 2002, 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, approves the Reserves Bylaw 2021.

2. Directs officers to publicly notify the date on which the bylaw comes into force – 1 July 2021.

DISCUSSION The Local Government Act 2002 (LGA) provides Council with the ability to make bylaws to protect the public from nuisance, protecting, promoting and maintaining public health and safety and minimising the potential for offensive behaviours in public places. At the Council meeting on 15 December 2020, Council decided that bylaws continue to be the most effective method for Council 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. The Local Government Act 2002 (LGA) requires bylaws be reviewed once at 5 years and then every 10 years. Council “bundled” together the reviews of the bylaws and the special consultative procedure was undertaken for this review. A total of 65 submissions were received and considered by the Ad-hoc Hearing Committee. The hearing committee considered the submissions on the draft bylaws and recommended that the Reserves Bylaw 2021 [attachment three] be adopted as it is. The Reserves Act 1977 requires that ministerial assent be received from the Minister for Conservation before any Reserves Bylaw made under the Act can be adopted and come into effect. A request for assent was sent to the Minister in March 2021; and approval was received on 23 April 2021 [attachment four]. The assent process was expedited faster than was originally anticipated which is why the other bylaws had been brought to Council separately last month.

Item 4.9 Page 35 Ordinary Council Meeting Agenda 25 May 2021

Reserves Bylaw

The bylaw was separated from the Reserves and Public Places Bylaw – although most of the reserves related provisions were retained and carried over into the new draft. One key change is the proposed removal of the ban on skateboards in reserves and parks. In making this recommendation, officers had considered the success of the GLOW scooter trial and the lack of any major complaints about them in the Council’s service request system. Officers remain of the opinion that the skateboard ban should be lifted, bearing in mind that Council has the ability to introduce, by resolution, practical controls to manage any adverse effects that may emerge. The Reserves bylaw also clarified for the public that the flying of a drone over a reserve must be accompanied by prior approval from the Council. This is not a new recommendation and is in keeping with the Council’s stance on the matter as stated on the Council website OPTIONS Analysis of Options There are two options available. Option 1 – adopt the bylaw Advantages Disadvantages • Council will meet legislative requirements. • None

Option 2 – do not adopt the bylaw 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 additional financial considerations beyond those already budgeted for.

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 use and management of reserves. Having considered the issues raised by submitters officers are of the view that these bylaws are the most appropriate mechanism. 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. The review of the bylaws is in accordance with the general bylaw requirements under the LGA, the Reserves Act 1977, the Health Act 1956 and the Land Transport Act 1998 (LTA).

Policy Implications There are no known additional policy implications.

Risks There are no identified risks to accepting the recommendations from the Ad-hoc Bylaw Committee to adopt these bylaws.

Item 4.9 Page 36 Ordinary Council Meeting Agenda 25 May 2021

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 15 January to 15 February to allow members of the public to provide input to the decision making.

COMMUNICATION/MEDIA The adopted versions of the bylaws 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 they can be found.

CONCLUSION Council is asked to adopt the Reserves Bylaw 2021.

ATTACHMENTS 1. Ad Hoc Bylaws Committee Minutes - 24 March 2021 2. Ad Hoc Bylaws Committee Resolution AHC-B202103/03 3. Reserves Bylaw 2021 4. Ministerial Approval of Bylaw

Item 4.9 Page 37 Ordinary Council Meeting Agenda 25 May 2021

4.10 LGFA STANDBY FACILITY AGREEMENT

Author: Neil Ward, Finance Manager Authorised by: Andrew Peckham, General Manager Corporate

PURPOSE The purpose of this item is to enable the establishment of a new standby credit facility agreement with the New Zealand Local Government Funding Agency (LGFA).

DISCUSSION Council currently has two standby facility agreements totalling $50m which supports Councils RBNZ registered $50m Commercial Paper (CP) programme and liquidity requirements. Council has a $40m facility with BNZ which is a 4-year evergreen facility. Council also has a $10m facility with Westpac which matures on 30 June 2021. The shareholders in the LGFA (being Councils) have been working with the LGFA and its Board to establish a standby credit facility within the LGFA’s operations. This facility has now been established. With the maturity of the $10m Westpac facility on 30 June 2021 the opportunity has arisen to switch this facility over to the LGFA. The LGFA standby facility provides for a rolling 15-month term via the termination clause that the LGFA must give Council. This assists with Council’s liquidity metrics. The terms of this facility both in terms of line fee and margin are more favourable than the maturing facility. All the relevant security Deeds are in place to support this facility. To give effect to this facility requires two elected members to sign the LGFA standby facility agreement. The agreement has been reviewed by Simpson Grierson on behalf of the LGFA shareholding Councils.

CONCLUSION Council has a maturing standby credit facility of $10m on 30 June 2021. The LGFA now offers a rolling 15- month standby credit facility which meets Councils liquidity requirements.

RECOMMENDATION(S) That Council: 1. Replaces the maturing $10m standby credit facility currently with Westpac with a new $10m 15-month rolling standby credit facility with the New Zealand Local Government Funding Agency (LGFA).

2. Authorises the Mayor and Deputy Mayor to execute the new Standby Facility agreement with the New Zealand Local Government Funding Agency (LGFA) for $10m.

ATTACHMENTS 1. LGFA Standby Facility Agreement

Item 4.10 Page 38 Ordinary Council Meeting Agenda 25 May 2021

4.11 COUNCIL'S APRIL PERFORMANCE REPORT

Author: Gareth Green, Chief Executive Officer Authorised by: Gareth Green, Chief Executive Officer

PURPOSE This report provides Council with an overview on the performance of the organisation.

RECOMMENDATION(S) That Council notes the information contained in the Council Performance report for the month of April 2021.

The most significant task for Council this past month has undoubtedly been the Long Term Plan process. This is the one time every three years that you get to hear from the community about what they want to see the District be, what services and facilities they would like, and how much they are willing to pay for it. It is a major undertaking for our team to work up the business cases behind the proposed projects, get them in a state that you can make decisions on them and prioritise them, ensure that we meet all of the various legislative requirements, engage with our community, collate and consider submissions, assist with hearings and subsequent deliberations, and now respond to submitters and complete the Long Term Plan for adoption. I won’t go into the detail of those decisions here as you are fully aware of them, and submitters are yet to be communicated with, however I would like to acknowledge not only the effort that you put into this process as Elected Members, but also the very hard work that my team put into the process, under quite trying circumstances. At the start of these processes, it often feels like an insurmountable task, but I am constantly impressed with how the team always pulls together and gets things done. And, just quietly I think that this is the best Long Term Plan we have done yet, so congratulations to everyone involved.

Also, this month we have taken another major step on the Taupō Towncentre Transformation project, with the decisions on the pedestrian malls being completed, and design work and key decision making on design continuing. I know that the concepts that we are proposing here have been challenging to some in our community – I get that, but I also think that these changes are what we need to move us towards what we need to be for the future. Change can be very hard and will affect some people in different ways. However I reflect on some of the submissions we received, particularly from some of the young people in our town who are not scared to be brave and demand what they see the right thing as being, and I am really excited about what this project is bringing for us.

Work continues on a number of other projects that in any normal year would be considered massive, and game changers for us. Examples such as the Representation Review, the Turangi kerb and channel project, the Three Waters Reform process, the Future of Local Government Reform process, the Destination Playground for Tongariro Domain, the Kinloch wastewater upgrade project, the Turangi and the Mangakino Sports Facilities (to name a few) show just how full on we are and delivering what is our largest capital works programme that we have ever seen. And judging by the exciting decisions of the Long Term Plan, the velocity of delivery is not going to slow down for some time, which is incredibly exciting for our district and its communities.

To achieve all of this, I have been undertaking the realignment process for the organisation. I am very excited that I now have my new executive team together for the first time, and we are in the process of selecting third tier managers into the new roles created. We should be in a position by early June to be able to confirm these appointments and allow us to work on what other resourcing we need to be able to deliver the next few years of the Long Term Plan. This is an exciting stage of our development, as we position ourselves into a place where we can be sure that we can deliver the services and projects that our community wants and needs as it grows and matures.

ATTACHMENTS 1. Project and Service Council Performance Report 2. Three Waters Report to 30 April 2021 3. TLP Report 30 April 2021 - MBIE projects 4. Treasury Report April 2021

Item 4.11 Page 39 Ordinary Council Meeting Agenda 25 May 2021

4.12 COUNCIL ENGAGEMENTS JUNE 2021

Author: Shainey James, Democratic Services Officer Authorised by: Andrew Peckham, General Manager Corporate

Engagements

ENGAGEMENT DAY DATE TIME

Workshops Tuesday 1 9.30am-3pm

Turangi-Tongariro Community Board public Wednesday 2 1.30pm-2pm forum (Boardroom, Council / Department of Conservation offices) Turangi-Tongariro Community Board meeting Wednesday 2 2pm-3.30pm (Boardroom, Council / Department of Conservation offices) Treaty Training workshop (Council Chamber) Thursday 3 9am-12.30pm

Performance Monitoring Group meeting Tuesday 8 10am-noon (closed) (Council Chamber) Taupō Reserves and Roading Committee Tuesday 8 1pm-3pm meeting (Council Chamber) Lake Taupō Protection Project Joint Friday 11 Times TBC Committee meeting (Council Chamber) Mangakino/Pouakani Representative Group Tuesday 15 10am-noon meeting (Mangakino Service Centre) Taupō Airport Authority Committee meeting Monday 21 10.30am-noon (Taupō Airport, ANZAC Memorial Drive) Workshops (topics TBC) Tuesday 22 9.30am-3pm

Taupō East Rural Representative Group Friday 25 11am-12.30pm meeting (River Road Community Hall, River Road, Reporoa) Public forum (Council Chamber) Tuesday 29 12.30pm-1pm

Council meeting (Council Chamber) Tuesday 29 1pm-4pm

RECOMMENDATION(S) That Council receives the information relating to engagements for June 2021.

ATTACHMENTS Nil

Item 4.12 Page 40 Ordinary Council Meeting Agenda 25 May 2021

4.13 MEMBERS' REPORTS

Author: Shainey James, Democratic Services Officer Authorised by: Andrew Peckham, General Manager Corporate

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 4.13 Page 41 Ordinary Council Meeting Agenda 25 May 2021

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 Confirmation of Confidential Section 48(1)(d) - the exclusion Section 48(1)(d)- the exclusion of Portion of Ordinary Council of the public from the whole or the public from the whole or the Minutes - 27 April 2021 the relevant part of the relevant part of the proceedings proceedings of the meeting is of the meeting is necessary to necessary to enable the Council enable the Council to deliberate to deliberate in private on its in private on its decision or decision or recommendation recommendation where a right of where a right of appeal lies to any appeal lies to any court or court or tribunal against the final tribunal against the final decision decision of the Council in these of the Council in these proceedings proceedings

Agenda Item No: 5.2 Receipt of the Public Excluded Section 7(2)(a) - the withholding Section 48(1)(a)(i)- the public Lake Taupo Protection Project of the information is necessary to conduct of the relevant part of the Joint Committee Meeting held on protect the privacy of natural proceedings of the meeting would 26 March 2021 persons, including that of be likely to result in the disclosure deceased natural persons of information for which good reason for withholding would exist under section 7

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 4.13 Page 42