Te Huinga Taumatua Committee

Te Huinga Taumatua - Agenda (13 September 2018) - Agenda

MEETING AGENDA

TE HUINGA TAUMATUA COMMITTEE

Rāpare 13 Mahuru 2018 Thursday 13 September 2018

hei 3.30pm

COUNCIL CHAMBER LIARDET STREET NGĀMOTU

Co Chairperson: Cr Gordon Brown Co Chairperson Ms Liana Poutu (Te Kotahitanga o Te Atiawa Trust) Members: Cr Richard Handley Cr Stacey Hitchcock Cr Marie Pearce Mayor Neil Holdom Mr Larry Crow (Te Rūnanga o Ngāti Tama Trust) Dr Dennis Ngawhare (Te Kāhui o Taranaki Trust) Ms Colleen Tuuta (Te Rūnanga o Ngāti Mutunga)

1 Te Huinga Taumatua - Agenda (13 September 2018) - Agenda

TE HUINGA TAUMATUA COMMITTEE PURPOSE 1. To identify, report and decide (where delegated authority) on the issues and priorities of cultural, economic, environmental and social importance to Māori of the New Plymouth District.

2. To provide strategic guidance and advice to the Council on matters of importance to Māori.

3. To foster the development of Māori capacity to contribute to Council’s decision-making processes.

4. To jointly determine Māori cultural issues and priorities of importance for integration into the Council’s Blueprint and long-term planning.

5. To receive submissions on matters of importance to Māori and other relevant reports as appropriate.

6. To attend briefings and/or presentations at the invitation of the Mayor.

Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and: x Will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses; x Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.

END

2 Te Huinga Taumatua - Agenda (13 September 2018) - Health and Safety

Health and Safety Message

In the event of an emergency, please follow the instructions of Council staff.

Please exit through the main entrance.

Once you reach the footpath please turn right and walk towards Pukekura Park, congregating outside the Spark building. Please do not block the foothpath for other users.

Staff will guide you to an alternative route if necessary.

If there is an earthquake – drop, cover and hold where possible. Please be mindful of the glass overhead.

Please remain where you are until further instruction is given.

3 Te Huinga Taumatua - Agenda (13 September 2018) - Apologies

APOLOGIES

Cr Gordon Brown

4 Te Huinga Taumatua - Agenda (13 September 2018) - Deputations

ADDRESSING THE MEETING Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements.

PUBLIC FORUM Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation. x None advised

DEPUTATIONS Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies. x None advised

5 Te Huinga Taumatua - Agenda (13 September 2018) - Previous Minutes

PREVIOUS COMMITTEE MINUTES Recommendation That the minutes of the Te Huinga Taumatua Committee (9 August 2018), and the proceedings of the said meeting, as previously circulated, be taken as read and confirmed as a true and correct record.

END

6 Te Huinga Taumatua - Agenda (13 September 2018) - Table of Contents

REPORTS

ITEMS FOR DECISION BY COMMITTEE

1 Marae Grants

ITEMS FOR RECOMMENDATION TO COUNCIL

1 Speed Limits Bylaw

2 CBD Activation Report

3 On-Street Dining Policy Report for Consultation

4 Tapuae Roa Actions

5 Te Rewa Rewa Agreement

6 Ngᾱti Maru Settlement Report

END

7 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

MARAE GRANTS ALLOCATION 2018-19

MATTER 1. The matter for consideration is the allocation of Marae Development Grants for applications over $10,000 for the 2018-19 financial year in line with the Marae Grants Policy.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council make the following grants under the Marae Grants Policy: a) Ōakura Marae/Okorotua Marae - $22,000.00 b) Te Upoko o Te Whenua Marae - $10,000.00 c) Te Kohanga Moa Marae - $37,192.89

COMPLIANCE

Significance This matter is assessed as being of some importance

This report identifies and assesses the following reasonably practicable options for addressing the matter: Options 1. Approve some or all of the marae grant applications

2 Decline some or all of the marae grant applications

The persons who are affected by or interested in this matter

are the marae communities and Māori.

Recommendation This report recommends option 1 for addressing the matter.

Long-Term Plan / Annual Plan No Implications

Significant Policy and Plan No Inconsistencies

8 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

EXECUTIVE SUMMARY 2. Council provides funding in the Long Term Plan for marae through the Marae Development Grants. Applications from marae which total over $10.000 are approved or declined under delegated authority by Te Huinga Taumatua. Applications under $10,000 are approved or declined at an officer level under delegated authority. This report informs the committee of the applications received for their decision.

BACKGROUND 3. Te Huinga Taumatua has delegated authority to allocate grants on behalf of the Council within the parameters of the Community Funding Investment Policy (CFIP) and the Marae Grants Policy (MGP) (Appendix I).

4. Under the CFIP, funding is provided to assist marae organisations with insurance, maintenance and capital projects applicable to the marae. Financial assistance for marae insurance is dealt separately to the Marae Development Grants and is allocated to marae on receipt of an invoice from their insurance company showing the annual premium.

Insurance 5. Community Partnerships and Iwi Relationships have undertaken a series of hui with marae trustees to outline possible changes to insurance. The proposal put forward by Community Partnerships was for marae insurance to be covered by one insurance company, the same company that covers Council’s assets. The intention was to make the administration of insurance easier with one due date for insurance premiums, as currently they are staggered throughout the year because marae are insured by different companies. It was also hoped that this proposal would save some money on marae insurance costs.

6. The majority of marae trustees we met with were relaxed about the proposal and could see the benefits of one insurance cover for all marae. The intention was to follow up with the marae once they had time to consider the proposal. In the meantime Community Partnerships went back to the Council’s insurance company to discuss the steps required if the marae all agreed to the one insurance cover. They were told by the company that all the marae would require new valuations even though we had received valuations at the end of 2016. In addition, all marae electrical systems would require a full evaluation before they would consider insurance cover. The combination of both these requirements would carry substantial costs which had not been budgeted for.

7. Community Partnerships are now in discussion with the individual marae insurance companies with the intention of bringing all marae insurance premiums due date being 1st July annually. However we are still exploring the possibility of one cover for all marae and have been approached by one of the insurance companies to discuss this further.

9 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

Applications 8. There are 3 applications exceeding the $10,000 threshold for which Te Huinga Taumatua have delegated authority to approve or decline these applications.

Ōakura Pā/Okorotua Marae: 8.1. Oakura Pā / Okorotua Marae has applied for a total of $22,000 excl GST to replace the roof on their wharekai. There has been severe deterioration of the roof which has caused leaking over the last couple of years. The marae trustees believe that their close proximity to the sea and general wear and tear are the main contributors to the deterioration.

8.2. The wharekai is perhaps the most used building on the marae as it is often used for monthly marae meetings as well as meetings with external participants due to the wharenui having limited capacity in terms of size. The wharekai is also where all the cooking facilities take place and has the dining room attached for feeding visitors to the marae. The replacement of a roof is a priority area under the Marae Grants Policy as it forms part of the fabric of the building ensuring it is structurally sound and watertight.

8.3. The marae has provided 2 quotes as is required under the funding policy, with one of the quotes being slightly cheaper than the other. Ōakura Pā/Okorotua Marae has received 3 smaller grants between 2016-2017 for gas heating and infinity units. The total of these grants was $6811.45.

Te Upoko o Te Whenua Marae: 8.4. Te Upoko o Te Whenua Marae at Tarata has applied for funding to replace the derelict fencing, some of which has disappeared due to the erosion of the river bank. The marae run cattle on the property and the stock are not only getting into the river but causing issues on the cliff face. The intention is that once the fencing has been built, they will undertake riparian planting along the edge of the river which will assist with the erosion issue.

8.5. The marae has requested $10,000 excl GST from the Marae Development Grants and they will provide the balance of the work to be undertaken which will be between $4000-$6000 depending on which quote they decide to accept. Fencing on marae falls within the aesthetic and capital projects priority of the MGP which is the lowest priority area. Te Upoko o Te Whenua has received previous funding in 2016 of $52,750 to install new water lines, water storage, gas hot water and make repairs to their ablution blocks.

Te Kohanga Moa Marae 8.6. Te Kohanga Moa Marae is the only community marae in the New Plymouth district and is located in Inglewood. A new set of trustees have been in place since early 2017 and are committed to restoring the marae for use by the entire community.

10 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

8.7. Te Kohanga Moa has applied for a grant to upgrade and/or replace all of the kitchen appliances and utensils which is intended to improve food safety and health and safety in general. Their intention is to make the marae more accessible for people and groups to use safely as there are few appliances in working order. This makes it difficult for the marae to be used to its full potential.

8.8. The marae has requested a total of $37,192.89 excl GST to cover the costs of the following:

1 x chiller unit $ 3,026.94 1 x freezer unit $ 3,798.80 1 x microwave $ 865.89 2 x gas ovens $14,855.04 ($7,427.52 each unit) 1 x convection oven $ 4,860.00 1 x oven stand $ 705.60 1 x passthrough dishwasher $ 4,744.80 2 x dishracks $ 84.28 ($42.14 per rack) 2 x open racks for cups $ 84.28 ($42.14 per rack) 1 x pre rinse faucet and spout $ 788.40 1 x Wet & Dry vacuum $ 274.58 3 x three tier trollies $ 828.48 ($276.16 per trolley) 3 x refuse bins for trolley $ 156.81 ($52.27 per bin) 3 x cutlery bins for trolley $ 92.85 ($30.95 per bin) 1 x stainless work bench $ 1,448.30 3 x chopping boards $ 77.84 ($25.95 per board) Delivery $ 500.00

8.9. A recent visit to the marae by officers confirmed that the marae was in need of decent kitchen equipment. The little they did have such as the ovens which did not work, were very old and parts were very difficult to get and expensive. The items above have been provided in case the committee decides to fund just some of the equipment required. Kohanga Moa received funding in the last financial year to cover the costs of fixing the roof and ceiling and replacing the carpet in the wharenui area caused by the leaking roof. This funding was allocated under officer delegation. The above list would fit in the priority area of Hygiene under the MGP.

11 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

Available Funding 9. The funding available under the Marae Development Grants scheme is $82,500 excluding GST. Te Huinga Taumatua will need to consider each application in relation to the MGP and the applications fit within a range of priorities as identified above. It is the beginning of a new financial year which means that the entire amount of the fund is available for allocation as shown in the table below:

Funding scheme Marae Development Grants $82,500.00 Ōakura Pā / Okorotua Marae $22,000.00 Te Upoko o Te Whenua $10,000.00 Te Kohanga Moa $37,192.89 Total Applications $69,192.89

10. If the committee approves the allocation of all applications, there will be a total of $12,807.11 left to allocate for marae funding applications below $10,000.

SIGNIFICANCE AND ENGAGEMENT 11. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance.

12. Marae Development Grants provide investment into the marae of the district. Marae play an important role in their community with a historical and cultural connection to the past for those affiliated to the marae, but they are also well used facilities by the wider community including being Civil Defence and/or Emergency Management venues. The areas of priority that have been identified within the policy are similar to the priorities within the Rural Halls Fund.

OPTIONS The Committee has the following options

Option 1 Approve some or all of the applications and allocate funding under the Marae Development Grant a) Financial and Resourcing Implications This grant will be allocated within existing budgets in the Long Term Plan

b) Risk Analysis There is a small risk that funding does not get used within the time period required and therefore further funding cannot be provided.

c) Promotion or Achievement of Community Outcomes

12 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

This application contributes to Community Outcomes of People by building strong marae communities. It also contributes to Place and Prosperity through maintaining quality marae buildings and assets for Māori and the wider community to use for a range of activities.

d) Statutory Responsibilities There are no statutory responsibilities.

e) Consistency with Policies and Plans Allocation of grants is consistent with the Community Funding Investment Policy and the Marae Grants Policy

f) Participation by Māori Māori will participate in the decision-making process for Marae Development Grants through the iwi representation on Te Huinga Taumatua.

g) Community Views and Preferences The move towards more strategic grant allocations was adopted through the Long Term Plan 2015-25 following public consultation.

h) Advantages and Disadvantages Funding for marae enables them to improve and upgrade their facilities for the benefit of all.

Option 2 Do not approve some or all of the applications for funding a) Financial and Resourcing Implications Any funding not allocated to this application is available for other marae to apply during the year

b) Risk Analysis Declining applications that meet the criteria without good reason may result in a negative reputational risk for the committee and Council

c) Promotion or Achievement of Community Outcomes

Applications are considered on a case-by-case basis. Those applications that do not fit within the criteria or do not provide the necessary information are unlikely to be supported.

d) Statutory Responsibilities There are no statutory responsibilities

e) Consistency with Policies and Plans

13 1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

Decisions to decline funding applications are consistent with the funding schemes

f) Participation by Māori Iwi representatives on Te Huinga Taumatua are involved in the decision making for marae funding.

g) Community Views and Preferences Declining funding may not reflect the community views and preferences

h) Advantages and Disadvantages Declining grants can prevent marae organisations from improving and upgrading the marae to meet the needs of their communities.

Recommended Option This report recommends option 1 for addressing the matter.

APPENDICES Appendix I – Marae Development Grants Policy (ECM 7817007) Appendix 2 – Marae Grants Allocation Table 2012-2017 (ECM 7817020)

Report Details Prepared By: Aroha Chamberlain (Kaitakawaenga) Team: Iwi Relationships Team Approved By: Liam Hodgetts (Strategy Manager) Ward/Community: District Wide Date: 13th August, 2018 File Reference: ECM 7805450

------End of Report ------

14 1.1 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

Item for Decision

Marae Development Grants Policy ECM: 7817007

Purpose The purpose of the marae development grant is to support funding for the maintenance and development of the districts Marae.

Grants may be sought for the following purposes: x External works (protection of the fabric of the building ensuring it is structurally sound and watertight). x Health and safety (work that ensures the building is safe and secure for all using it and includes areas such as electricity work, faulty floor boards, plumbing and lighting). x Hygiene (matters related primarily to drainage, kitchens, bathrooms and toilet areas). x Interior structure (walls, ceilings, and the internal structures not already covered by the areas above). x Accessibility (improvements to the accessibility of buildings). x Aesthetic and capital projects (this criteria allows for new desirable objects).

Eligibility To be eligible the Marae must be an incorporated society or trust.

Application requirements The group or organisation must supply a copy of the last year's annual accounts with their application. Financial accounts must meet or exceed the Financial Reporting standards established for charitable entities by the External Reporting Board. The External Reporting Board (XRB) is an independent Crown Entity, established under section 22 of the Financial Reporting Act 1993, and subject to the Crown Entities Act 2004). Whilst there is a preference for accounts that have been reviewed, should these not be available, the group or organisation must discuss the matter with the Council Officers.

The marae must provide two quotes for the proposed works.

Insurance funding All Marae are encouraged to insure their buildings, Whakairo/Tukutuku/Kowhaiwhai, and plant and equipment with a replacement policy.

Insurance funding for Marae is excluded from the Marae Development Grants. Insurance funding is separately available for Marae. Marae Committees are advised to contact Council Officers.

15 1.2 Te Huinga Taumatua - Agenda (13 September 2018) - Decision - Marae Grants

APPENDIX I

ECM 7817020

The table below provides a list of grants provided to each marae from 2012-2017. These grants are in addition to the marae insurance MARAE 2017 2016 2015 2014 2013 2012 TOTAL Pukearuhe 8,899.00 8,899.00 Urenui 40,000.00 40,000.00 Muru Raupatu 8,976.33 5,350.00 40,911.00 55,237.33 Te Upoko o te 57,750.00 57,750.00 Whenua Te Kohanga 8,234.78 5,350.00 14,425.56 28,010.34 Moa Katere-ki-te- 3,035.00 4,584.00 7,461.38 15,080.38 Moana Oakura 3,013.00 5,000.00 8,013.00 payments that are provided annually.

16 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

SPEED LIMITS BYLAW – TECHNICAL AMENDMENTS TO REFLECT LAND TRANSPORT RULE CHANGES

MATTER 1. The matter for consideration by the Council is technical changes to the Speed Limits Bylaw reflective of the new Land Transport Rule: Setting of Speed Limits 2017.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council: a) Note that the revised Land Transport Rule: Setting of Speed Limits 2017 should be reflected in the Council’s Speed Limits Bylaw, and that these changes have no impact on speed limits as currently set b) Adopt the revised Speed Limits Bylaw and technical changes to the Speed Limit Schedule for consultation in accordance with sections 82 and 82A of the Local Government Act 2002

COMMUNITY BOARD RECOMMENDATIONS The Kaitake, Inglewood, Clifton and Waitara Community Boards endorsed the officer’s recommendation.

COMPLIANCE

Significance This matter is assessed as being of some importance. This report identifies and assesses the following reasonably practicable options for addressing the matter:

Options 1. Consult on the revised Speed Limits Bylaw

2. Do not seek to make changes to the Speed Limits Bylaw

The persons who are affected by or interested in this matter Affected persons are local road users.

Recommendation This report recommends option 1 for addressing the matter.

Long-Term Plan / Annual Plan No Implications

Significant Policy and Plan No Inconsistencies

17 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

18 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

EXECUTIVE SUMMARY 2. This report recommends the Council consults the community on whether to change the Speed Limits Bylaw to reflect the revised Land Transport Rule: Setting of Speed Limits 2017. The proposed consultation period will be relatively short, reflective of the fact that the changes are not substantial.

BACKGROUND 3. The Speed Limits Bylaw (the Bylaw) sets out the approach to setting speed limits in the district. It enables the Council, by resolution, to set speed limits through two mechanisms – either through being included by reference to a map or by being listed as an exception.

4. Last year the Government promulgated the Land Transport Rule: Setting of Speed Limits 2017 (the Rule). The Council’s current Bylaw reflects and references the previous Rule that was superseded, and therefore requires updating.

5. There are a number of technical changes to the Bylaw and Schedule to reflect the new Rule. The changes include:

x updating references to the Rule and the Rule’s provisions,

x enabling the Council to set speed limits over private roads at more types of facilities, including marae and cultural reserves (although there is no requirement to do so and it is most likely that these powers would only be used at the request of the land owner), and

x providing more speed limits that can be made by the Schedule (reflecting the wider variety of speed limits in the Rule, from 10kph to 110kph), enabling the Council to make future decisions to use those speed limits as appropriate.

6. At the same time, small changes have been made to reflect changes to the Land Transport Act 1998 (which now wholly contains the bylaw-making powers, rather than partially relying on the Local Government Act) and other minor changes to improve the Bylaw’s usability.

7. While some changes (such as updating references to the Rule and Land Transport Act) are effectively mandatory, others (such as the ability to set speed limits over more private roads) are arguably not and the Council could choose not to do so. It is recommended that the Council adopt all changes at this point in time as not doing so may result in a more time-consuming process to make changes in response to urgent issues that may arise in the future. For instance, if a problem arose with speeding on a private road that could be covered but was not, then the Council would need to amend the bylaw (after consultation) and then set the speed limit (after consultation).

19 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

8. None of these changes have any impact on existing speed limits. These changes are simply preparatory for future changes. Any subsequent changes to speed limits must be made by Council resolution and must be consulted on specifically under the Rule.

9. While this is not part of the district-wide speed limit review per se, it is required before any significant work occurs on the speed limit review. This will ensure any changes to speed limits as a result of that review are lawfully made. Otherwise, any speed limit set through the review process may be challengeable.

SIGNIFICANCE AND ENGAGEMENT

10. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because it has no immediate implications, and reflects new statutory requirements.

11. Section 156 of the Local Government Act sets out requirements for consultation on bylaws. The proposed changes allow the Council to set speed limits on private roads by resolution. The changes would impact on the rights of persons and therefore meet the statutory test for consultation. However, the changes are not so significant as to require a special consultative procedure. Unfortunately, there is no statutory exemption for consultation for changes to bylaws where those changes reflect changes to other laws.

12. As the changes are largely technical in nature, and reflective of changes to the Rule, a low-key approach will be taken to consultation. Consultation will occur over three weeks from 26 September to 17 October. Staff will issue public notices in the Taranaki Daily News and the Council’s website. Staff will also inform marae, iwi and hapū organisations of the consultation given the particular expansion to being able to set speed limits for marae and cultural reserves.

OPTIONS

Option 1 Consult on the revised Speed Limits Bylaw a) Financial and Resourcing Implications Consultation will be managed with existing staff resources and within existing budgets.

b) Risk Analysis This approach minimises legal risk in updating the Bylaw, and reduces potential legal challenges to the Bylaw on the grounds of not consulting.

20 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

c) Promotion or Achievement of Community Outcomes No community outcome is impacted by this decision.

d) Statutory Responsibilities There are a number of statutory responsibilities that relate to this decision: x The Land Transport Rule: Setting of Speed Limits 2017 sets out the roles and responsibilities of the Council for reviewing and setting speed limits.

x Section 22AB of the Land Transport Act 1998 provides the statutory authority for the Council to make bylaws related to roads.

x Section 22AD provides that section 156 of the Local Government Act 2002 applies to consultation requirements for any bylaw made under the Land Transport Act.

x Section 156 of the Local Government Act sets out that the Council must consult using the special consultative procedure for significant changes, or in accordance with sections 82 and 82A otherwise, or may adopt without consultation in certain circumstances (which do not apply).

The proposed changes to the Bylaw are consistent with these statutory responsibilities.

e) Consistency with Policies and Plans This option is consistent with current policies and plans.

f) Participation by Māori The proposed revisions align the Bylaw with the Rule and enable the Council to resolve speed limits for marae and cultural reserves. Staff will inform marae, iwi and hapū of the consultation process so that they can provide their feedback on the proposed changes.

In future, any speed limits being set or changed on marae and cultural reserves will be undertaken in consultation with the land owner(s).

g) Community Views and Preferences The community will be able to provide their views through the consultation process. While there are various known views about speed limits, these do not relate specifically to the proposed Bylaw changes. Further, any proposed variations to speed limits

21 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

will still require consultation and therefore provide the opportunity for community views to be provided to inform Council decisions.

h) Advantages and Disadvantages This Bylaw change should be made before any further speed limit changes are made, including any future changes as a part of the district-wide speed limit review.

Option 2 Do not seek to make changes to the Speed Limits Bylaw a) Financial and Resourcing Implications There are no financial and resourcing implications.

b) Risk Analysis Not updating the Bylaw means that the Council’s ability to change speed limits may be challenged in the future.

c) Promotion or Achievement of Community Outcomes No community outcome is impacted.

d) Statutory Responsibilities The Speed Limit Bylaw would be inconsistent with the Land Transport Rule: Setting of Speed Limits 2017. This inconsistency could cause issues in the future.

e) Consistency with Policies and Plans This option is consistent with current policies and plans.

f) Participation by Māori To date there has been no participation by Māori.

g) Community Views and Preferences Community views and preferences on this option are unknown.

h) Advantages and Disadvantages This option would mean the Bylaw is inconsistent with the Rule and it would be unclear which instrument would be used in setting speed limits.

Recommended Option This report recommends option 1 Consult on the revised Speed Limits Bylaw for addressing the matter.

22 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2

Item for Recommendation

APPENDICES Appendix 1: Amendments to the Speed Limits Bylaw (ECM 7793314)

Report Details Prepared By: Greg Stephens (Senior Policy Adviser) Team: Policy Development Team Approved By: David Langford (Infrastructure Manager), Mitchell Dyer (Policy Development Lead) Ward/Community: District Wide Date: 8 August 2018 File Reference: ECM 7793313

------End of Report ------

23 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1 at5 Part

Speed Limits

The purpose of this part of the bylaw is to allow the Council to set speed limits by resolution on all roads under its ownership or control and in certain designated locations specified in the bylaw.

24 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

25 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

1. Authority

1.1 This part is made under:

a) Section 684(1)(13) of the Local Government Act 1974;

Section 145 of the Local Government Act 2002;

b)a) Section 22AB of the Land Transport Act 1998; and.

c)b) Land Transport Rule: Setting of Speed Limits 201703.

2. Purpose

2.1 The purpose of this part of the bylaw is to allow the Council to set speed limits by resolution on all roads under its ownership or control and in certain designated locations specified in the bylaw.

3. Application of this part

3.1 This part applies to all roads for which the New Plymouth District Council is the road controlling authority and includes all roads under the ownership or control of the Council.

4. Interpretation

4.1 This part shall be in addition to the provisions of Part 1 Introductory of the New Plymouth District Bylaw 2008 and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

4.2 In this part unless the context otherwise requires: Definitions

Bylaw speed limit means a speed limit for vehicle traffic saved or fixed set by or under this bylaw.

Road has the same meaning as in Part 2 of the Rule, but does not include any State Highways within the district.

Road Controlling Authority has the same meaning as in Part 2 of the Rule.

Rule means the Land Transport Rule: Setting of Speed Limits 201703.

Rural area has the same meaning as in Part 2 of the Rule.

Speed limit has the same meaning as in Part 2 of the Rule.

Urban traffic area has the same meaning as in Part 2 of the Rule.

Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998. .

SPEED LIMITS 1

26 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

5. Bylaw speed limits

5.1 The Council may, by resolution, set speed limits and designate urban traffic areas for any roads under the Council's jurisdiction.

5.2 The Council may, by resolution, set speed limits for any roads under the Council’s jurisdiction in any of the following designated locations: a) Car park. b) Educational or scientific facility. b)c) Commercial or industrial facility. c)d) Health facility. e) Residential facility. d)f) Marae land. e)g) Camping ground. f)h) Sports facility or other recreation area. i) Botanical garden. g)j) Cultural reserve. h)k) Port or wharf area. i)l) Airport. j)m) Beach k)n) Cemetery. o) Facility operated by the New Zealand Defence Forces. l)p) Facility operated by the Department of Corrections. m)q) Any other location approved by the New Zealand Transport Agency by notice in the GazetteDirector of Land Transport Safety.

5.3 The Council may, by resolution, amend or revoke a resolution made under clauses 5.1 or 5.2 of this bylaw.

6. Consultation

6.1 If the Council chooses to create, amend or alter any bylaw speed limit by way of resolution under clauses 5.1 or 5.2 of this bylaw, the consultation process in sections 2.5, 2.6 and 8.1(3) 4.1(4) and 7.1 of the Rule, as the case may be, must be followed.

6.2 To avoid any doubt, nothing in this bylaw limits the application of the Rule.

7. Offences

7.1 Every person commits an offence against this bylaw who operates a vehicle in excess of the bylaw speed limits set by this bylaw.

Offences, penalties and fees relating to infringement of speed limits are provided for in the relevant provisions of the Land Transport Act 1998 and the Transport Act 1962. These do not change as a result

2 New Plymouth District Council Bylaw 2010

27 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

of this bylaw.

8. Register of speed limits and savings

8.1 The designated urban traffic areas referred to in clause 5.1, the validated speed limits referred to in clause 5.2, and the speed limits listed in Schedules (all being clauses and schedules of Part 21 of the New Plymouth District Consolidated Bylaw 2000) are not revoked but are incorporated into the New Plymouth District Council Register of Speed Limits.The Council shall maintain a Register of Speed Limits, which will include all designated urban traffic areas and speed limits as set by Council resolution.

8.2 Nothing in this bylaw affects any speed limit already set, or any urban traffic area already designated, or any speed limit previously saved, and those speed limits and urban traffic areas continue to apply unless the Council alters or revokes the speed limit or urban traffic areas in accordance with this bylaw and the Rule.

8.3 The revocation of Part 21 of the New Plymouth District Consolidated Bylaw 2000 does not prevent any legal proceedings being taken in relation to any speed limits set under that Part and such proceedings continue to be dealt with and completed as if that Part had not been revoked.

8.38.4 To avoid any doubt, nothing in this bylaw limits the application of the Rule.

SPEED LIMITS 3

28 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

4 New Plymouth District Council Bylaw 2010

29 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

All roads under the New Plymouth District Council’s jurisdiction have enforceable speed limits in accordance with Part 5 (Speed Limits) of the New Plymouth District Council Bylaw 2010.

This register records these speed limits.

The bylaw allows the New Plymouth District Council to set or change the enforceable speed limits on roads under its jurisdiction.

It does not however allow the Council to set or change the enforceable speed limits on New Zealand Transport Agency (State Highways) roads or other privately owned roads within the Council’s boundary.

30 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Designated Urban Traffic Areas

The Council can formally resolve built up areas as Designated Urban Traffic Areas.

The Council can formally resolve that built up areas are to beas Designated Urban Traffic Areas. The default sSpeed limits on the roads within these Designated Urban Traffic Areas are automatically is 50 km/h. These roads are not listed separately in this register, but Designated uUrban tTraffic aAreas are listed in Schedule 45 of the Register.

Roads within the Urban Traffic Areas which can have a speed limit other than 50 km/h and these limits are set are designated by the Council separatelyresolution. A speed limit sign is then installed, and the road is and are then sign posted and recorded in this register and maps.

Speed limits on roads outside the Designated Urban Traffic Areas are automatically 100 km/h, unless the Council has designated set a different speed limit by Council resolution.

These different speed limits are made known by installing speed limit signs, and are then are then signposted and recorded in this register and maps.

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31 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 1

Roads that have a speed limit of 10 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 10 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit is set

SCHEDULE 21

32 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Roads that have a speed limit of 20 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 20 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

4 REGISTER OF SPEED LIMITS

33 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 32

Roads that have a speed limit of 30 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 30 km/h.

Date of Map Enactment under Ref. Previous Legal Description of Speed Limit Speed Legal Instrument Number which Speed Limit was No. Instrument Limit set New Plymouth CBD catchment 1 July 2012 Council Resolution Land Transport Rule The following north/south streets: 24 April 2012 Setting of Speed Limits 2003 - Queen Street, entire length - Egmont Street, entire length - Robe Street, from Powderham Street to Devon Street West - Brougham Street, from Powderham Street to Ariki Street - Currie Street, entire length - Liardet Street, from St Aubyn Street/Molesworth Street to Courtenay Street - Gover Street, from Molesworth Street to Courtenay Street and the following east/west streets: - Devon Street West, from Currie Street to Queen Street - Devon Street East, from Currie Street to Gover Street - King Street, from Queen Street to Brougham Street - Ariki Street, entire length - Gill Street, from Currie Street to Gover Street St Aubyn Street, Molesworth Street (State Highway 44) and Powderham Street/Courtenay Street (State Highway 45) are excluded from the speed reduction zone and form the boundaries of the zone

34 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 43

Roads that have a speed limit of 40 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 40 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

6 REGISTER OF SPEED LIMITS

35 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 54

Urban traffic areas - roads that have a speed limit of 50 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to be urban traffic areas that have a speed limit of 50 km/h.

Previous Map Enactment under Ref. Date of Description of Speed Limit Legal Instrument Legal Number which Speed No. Speed Limit Instrument Limit was set S4/01 New Plymouth City (including Bell Block) - All New Plymouth District Council dd/mm/yy New Plymouth New Zealand LTO332/ 1B Land Transport roads within the area marked on the map entitled “Speed Restrictions New District Council Gazette and LT0332/ Rule Setting of Plymouth City (incl. Bell Block),” number LTO332/ 1B and LT0332/ 2B and Speed Limits Bylaw 27/11/2003 2B Speed Limits identified in the legend as an urban traffic area having a speed limit of 50km/h, 2005 2003 except for those roads or areas that are marked on the said maps and identified in No.161 the legend as having a different speed limit, as referenced in the appropriate p.4481 schedule of this bylaw. Notice no.7703 S4/02 Okato - All New Plymouth District Council roads within the area marked on the dd/mm/yy New Plymouth New Zealand LT9732/ 3 of Land Transport map entitled “Speed Restrictions Okato,” number LT9732/ 3 of 8 and identified in District Council Gazette 8 Rule Setting of the legend as an urban traffic area having a speed limit of 50km/h, except for those Speed Limit Bylaw 23/11/2000 Speed Limits roads or areas that are marked on the said maps and identified in the legend as 2005 2003 having a different speed limit, as referenced in the appropriate schedule of this No.157 bylaw. p.4056 Notice no.8705 S4/03 Oakura - All New Plymouth District Council roads within the area marked on the dd/mm/yy New Plymouth New Zealand LT9732/ 4A Land Transport map entitled “Speed Restrictions Oakura,” numbers LT9732/ 4A and identified in District Council Gazette Rule Setting of the legend as an urban traffic area having a speed limit of 50km/h, except for those Speed Limit Bylaw 23/11/2000 Speed Limits roads or areas that are marked on the said maps and identified in the legend as 2005 2003 having a different speed limit, as referenced in the appropriate schedule of this No.157 bylaw. p.4056 Notice no.8705 S4/04 Inglewood - All New Plymouth District Council roads within the area marked on dd/mm/yy New Plymouth New Zealand LT9732/ 5 of Land Transport the map entitled “Speed Restrictions Inglewood,” number LT9732/ 5 of 8 and District Council Gazette 8 Rule Setting of identified in the legend as an urban traffic area having a speed limit of 50km/h, Speed Limit Bylaw 23/11/2000 Speed Limits except for those roads or areas that are marked on the said maps and identified in 2005 2003

36 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Previous Map Enactment under Ref. Date of Description of Speed Limit Legal Instrument Legal Number which Speed No. Speed Limit Instrument Limit was set the legend as having a different speed limit, as referenced in the appropriate No.157 schedule of this bylaw. p.4056 Notice no.8705 S4/05 Waitara - All New Plymouth District Council roads within the area marked on the dd/mm/yy New Plymouth New Zealand LT9732/ 6 of Land Transport map entitled “Speed Restrictions Waitara,” number LT9732/ 6 of 8 and identified in District Council Gazette 8 Rule Setting of the legend as an urban traffic area having a speed limit of 50km/h, except for those Speed Limit Bylaw 18/9/2003 Speed Limits roads or areas that are marked on the said maps and identified in the legend as 2005 2003 having a different speed limit, as referenced in the appropriate schedule of this No.132 bylaw. p.3579 Notice no.6095 S4/06 Urenui - All New Plymouth District Council roads within the area marked on the dd/mm/yy New Plymouth New Zealand LT9732/ 7 of Land Transport map entitled “Speed Restrictions Urenui,” number LT9732/ 7 of 8 and identified in District Council Gazette 8 Rule Setting of the legend as an urban traffic area having a speed limit of 50km/h, except for those Speed Limit Bylaw 23/11/2000 Speed Limits roads or areas that are marked on the said maps and identified in the legend as 2005 2003 having a different speed limit, as referenced in the appropriate schedule of this No.157 bylaw. p.4056 Notice no.8705 S4/07 Egmont Village, Lepperton & Tongaporutu - All New Plymouth District Council 04/04/2012 New Plymouth New Zealand LT9732/ 8 of Land Transport roads within the area marked on the map entitled “Speed Restrictions Egmont District Council Gazette 8 Rule Setting of Village, Lepperton & Tongaporutu,” number LT9732/ 8 of 8 and identified in the Speed Limit Bylaw 23/11/2000 Speed Limits legend as an urban traffic area having a speed limit of 50km/h, except for those 2005 2003 No.157 roads or areas that are marked on the said maps and identified in the legend as 13/03/2012 having a different speed limit, as referenced in the appropriate schedule of this p.4056 bylaw. Notice no.8705 S4/08 New Plymouth (Bell Block) – Wills Rd for a distance of 700m northbound from 1 November Council resolution LTO 332/1B Land Transport State Highway 3 as shown on plan LTO 332/1B and 2B in diagram 18. 2007 13 September 2005 and 2B in Rule Setting of Diagram 18 Speed Limits 2003 S4/09 Onaero Beach Road - from a point 315m north of SH3 for a distance of 350m 1 March Council resolution 20 Land Transport 2007 February 2007 Rule Setting of Speed Limits

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37 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Previous Map Enactment under Ref. Date of Description of Speed Limit Legal Instrument Legal Number which Speed No. Speed Limit Instrument Limit was set 2003

S4/10 Motukari Place 1 March Council resolution 20 Land Transport 2007 February 2007 Rule Setting of Speed Limits 2003

S4/11 Sutton Road 1 March Council resolution 20 Land Transport 2007 February 2007 Rule Setting of Speed Limits 2003

S4/12 Holloway Road 1 January Council resolution 15 Land Transport 2010 December 2009 Rule Setting of Speed Limits 2003

S4/13 Waireka Road East 1 January Council resolution 15 Land Transport 2010 December 2009 Rule Setting of 225m long from its junction with SH45 and retain the existing 80km speed limit for Speed Limits the remaining 376m of road 2003

S4/14 Sisson Terrace, Lepperton 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/15 Smith Street, Lepperton 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/16 Manutahi Road from the western bridge abutment at a point 5,036m from 1 March Council resolution 9 Land Transport Henwood Road intersection to 85m before the Richmond Road intersection 2010 February 2010 Rule Setting of Speed Limits 2003

S4/17 Hurlstone Drive from Katere to Egmont Roads, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits

38 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Previous Map Enactment under Ref. Date of Description of Speed Limit Legal Instrument Legal Number which Speed No. Speed Limit Instrument Limit was set 2003

S4/18 Cody Place, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/19 Gregory Place, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/20 Dean Place, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/21 Craig Place, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/22 Wendy Avenue, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/23 Create a new 50km/h speed limit on Wills Road, Bell Block over a section from 1 March Council resolution 9 Land Transport 700m from the State Highway 3 intersection to 1,600m 2010 February 2010 Rule Setting of Speed Limits 2003

S4/24 Jules Crescent, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/25 Amy Way, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits

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39 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Previous Map Enactment under Ref. Date of Description of Speed Limit Legal Instrument Legal Number which Speed No. Speed Limit Instrument Limit was set 2003

S4/26 Keene Drive, Bell Block 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/27 Wairau Road from State Highway 45 to the intersection of Surrey Hill Road, 1 March Council resolution 9 Land Transport Oakura 2010 February 2010 Rule Setting of Speed Limits 2003

S4/28 Tui Grove, Oakura 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S4/29 Tarata Road in an easterly direction from its intersection with Rata Street at the 20 Council resolution 14 Land Transport Kurapete Stream bridge to the junction of Dudley and Tarata roads December December 2010 Rule Setting of 2010 Speed Limits 2003

S4/30 Airport Gates - for a distance of 76m, measured in a northerly direction from a 1 June 2010 Council resolution 1 Land Transport point 67m south of the New Plymouth Airport gates. May 2010 Rule Setting of Speed Limits 2003

S4/31 Barrett Road - from 38.6 - 538.6m measured in a southerly direction from the 1 July 2014 Council resolution 29 Land Transport prolongation of the south kerb of Pararewa Drive May 2014 Rule Setting of Speed Limits 2003

S4/32 Smart Road - from 0 - 372m measured in a southerly direction from the 15 Council resolution 4 Land Transport prolongation of the south kerb of Colson Road December November 2014 Rule Setting of 2014 Speed Limits 2003

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SCHEDULE 65

Roads that have a speed limit of 60 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 60 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

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SCHEDULE 76

Roads that have a speed limit of 70 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 70 km/h.

Date of Previous Map Number Enactment under Ref. Description of Speed Limit Speed Legal Instrument Legal which Speed Limit No. Limit Instrument was set S6/01 New Plymouth (including Bell Block) – All New Plymouth District Council dd/mm/yy New Plymouth District New Zealand LTO332/ 1B Land Transport roads within the area marked on the map entitled “Speed Restrictions New Council Speed Limit Gazette and LT0332/ Rule Setting of Plymouth City (incl. Bell Block),” number LTO332/ 1B and LT0332/ 2B and Bylaw 2005 27/11/2003 2B Speed Limits 2003 identified in the legend as having a speed limit of 70km/h. No.161 p.4481 Notice no.7703 S6/02 Oakura – All New Plymouth District Council roads within the area marked on dd/mm/yy New Plymouth District New Zealand LT9732/ 4A Land Transport the map entitled “Speed Restrictions Oakura,” number LT9732/ 4A and Council Speed Limit Gazette Rule Setting of identified in the legend as an urban traffic area having a speed limit of 70km/h. Bylaw 2005 23/11/2000 Speed Limits 2003 No.157 p.4056 Notice no.8705

S6/03 Inglewood - All New Plymouth District Council roads within the area marked dd/mm/yy New Plymouth District New Zealand LT9732/ 5 of 8 Land Transport on the map entitled “Speed Restrictions Inglewood,” number LT9732/ 5 of 8 Council Speed Limit Gazette Rule Setting of and identified in the legend as an urban traffic area having a speed limit of Bylaw 2005 23/11/2000 Speed Limits 2003 70km/h. No.157 p.4056 Notice no.8705

S6/04 Waitara - All New Plymouth District Council roads within the area marked on dd/mm/yy New Plymouth District New Zealand LT9732/ 6 of 8 Land Transport the map entitled “Speed Restrictions Waitara,” number LT9732/ 6 of 8 and Council Speed Limit Gazette Rule Setting of identified in the legend as an urban traffic area having a speed limit of 70km/h. Bylaw 2005 18/9/2003 Speed Limits 2003 No.132 p.3579 Notice no.6095

S6/05 Egmont Village, Lepperton & Tongaporutu - All New Plymouth District dd/mm/yy New Plymouth District New Zealand LT9732/ 8 of 8 Land Transport Council roads within the area marked on the map entitled “Speed Restrictions Council Speed Limit Gazette Rule Setting of Egmont Village, Lepperton & Tongaporutu,” number LT9732/ 8 of 8 and Bylaw 2005 23/11/2000 Speed Limits 2003 identified in the legend as an urban traffic area having a speed limit of 70km/h. No.157

42 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Date of Previous Map Number Enactment under Ref. Description of Speed Limit Speed Legal Instrument Legal which Speed Limit No. Limit Instrument was set p.4056 Notice no.8705

S6/06 New Plymouth – Smart Rd for a distance of 1,524m southbound from Colson 01/11/05 Council resolution LTO 332/1B Land Transport Rd on shown on plan LTO 332/1B and 2B in diagram 9. 13 September 2005 and 2B in Rule Setting of diagram 9. Speed Limits 2003

S6/07 Oakura – Wairau and Surrey Hill roads 330m south of State Highway 45 for a 01/1105 Council resolution LT 9732/4A Land Transport further 400m southbound (including 30m into start of Surrey Hill Rd) marked 13 September 2005 Rule Setting of on plan LT 9732/4A. Speed Limits 2003

S6/08 New Plymouth – Tukapa St for a distance of 530m commencing from a point 01/1105 Council resolution LTO 332/1B Land Transport 586m south of Cowling Rd in a southbound direction as shown on plan LTO 13 September 2005 and 2B in Rule Setting of 332/1B and 2B in diagram 17. diagram 17. Speed Limits 2003

S6/09 New Plymouth – Veale and Eva Rds and McGiven, Freeth, Hadley and 01/11/05 Council resolution LTO 332/1B Land Transport Ridgewood drives commencing at a point on Veale Rd 40m south of Shelter 13 September 2005 and 2B in Rule Setting of Grove as shown on plan LTO 332/1B and 2B in diagram 3. diagram 3. Speed Limits 2003

S6/10 Onaero Beach Road for a distance of 315m from its junction with SH3 1 March Council resolution 1 Land Transport 2007 March 2007 Rule Setting of Speed Limits 2003

S6/11 Patterson Road, New Plymouth 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S6/12 Surrey Hill Road, Oakura 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

S6/13 Kaitake Road, Oakura 1 March Council resolution 9 Land Transport 2010 February 2010 Rule Setting of Speed Limits 2003

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44 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 87

Roads that have a speed limit of 80 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 80 km/h.

Ref. Description of Speed Limit Date of Legal Instrument Previous Legal Map Enactment under No. Speed Limit Instrument Number which Speed Limit was set S7/01 Raleigh Street, Waitara - 1,400m long in a north easterly direction from the 1 July 2006 Council Resolution Land Transport Rule junction of SH3 to the existing 50km urban boundary 16 May 2006 Setting of Speed Limits 2003 S7/02 Tate Road, Waitara - 140m long in a south easterly direction from its junction 1 July 2006 Council Resolution Land Transport Rule with Raleigh Street 16 May 2006 Setting of Speed Limits 2003 S7/03 Johnston Street - Approx 496m long in a north westerly direction from its junction 1 July 2006 Council Resolution Land Transport Rule with Raleigh Street 16 May 2006 Setting of Speed Limits 2003 S7/04 Borthwick Street - Approx 290m long in a south easterly direction from its 1 July 2006 Council Resolution Land Transport Rule junction with Raleigh Street 16 May 2006 Setting of Speed Limits 2003 S7/05 Airport Drive - 1,902m of Airport Drive, Bell Block, from its intersection with State 1 June 2010 Council Resolution Land Transport Rule Highway 3 to 67m south the New Plymouth Airport gates 11 May 2010 Setting of Speed Limits 2003 S7/06 Henwood Drive – create a new 80km/h speed limit for Henwood Road from RP50 1 March Council Resolution Land Transport Rule to RP2980 in a southerly direction from the existing 50/100km/h speed limit 2012 7 February 2012 Setting of Speed location on the urban/rural boundary of Bell Block to its intersection with Limits 2003 Manutahi Road. S7/07 Corbett Road -from 0 – 3.3km measured in a northerly direction from the 1 October Council Resolution Land Transport Rule prolongation of the north side of Manutahi Road. 2014 11 September Setting of Speed 2014 Limits 2003 S7/08 Otaraoa Road - for the section of Otaraoa Road Upper between Inland North 1 December Council Resolution Land Transport Rule Road (RP4.46) and the McKee production station (RP13.33), is reduced to 2014 23 October 2014 Setting of Speed 80km/h Limits 2003 S7/09 Egmont Road - from 148m - 3420m measured in a southerly direction from the 15 December Council Resolution Land Transport Rule

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45 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Ref. Description of Speed Limit Date of Legal Instrument Previous Legal Map Enactment under No. Speed Limit Instrument Number which Speed Limit was set prolongation of the south side of Katere Road 2014 4 November 2014 Setting of Speed Limits 2003

46 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 9

Roads that have a speed limit of 90 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 90 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

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47 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 108

Rural areas - roads that have a speed limit of 100 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to be rural areas that have a speed limit of 100 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

All New Plymouth District roads outside the urban traffic areas linked in Schedule 54, have a speed limit of 100 km/h except for roads or areas: a) Described as having a different speed limit in the appropriate schedule or bylaw; or b) Shown on a plan as having a different speed limit, as referenced in the appropriate schedule of this register.

48 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 11

Rural areas - roads that have a speed limit of 110 km/h

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to be rural areas that have a speed limit of 110 km/h.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

SCHEDULE 129

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49 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Roads that have a holiday speed limit

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a holiday speed limit as set out in the schedule and/or plan.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

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SCHEDULE 130

Roads that have a variable speed limit

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a variable speed limit as set out in the schedule and/or plan.

Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set S3/01 Woodleigh School - Brois Street from 24m to 268m in a westerly direction from 16/9/2009 Council Resolution Land Transport Rule the prolongation of the west kerb of Govett Avenue (south leg) 16 September Setting of Speed 2009 Limits 2003 40km speed limit on any school day: Between 8.15am and 9am, and 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and 10 minutes at any other time when at least 50 children are crossing the road, or entering, or leaving vehicles at the roadside

S3/02 Coronation Avenue – Highlands School, from 100.0m to 390.0m measured in a 1/10/2010 Council Resolution Land Transport Rule southerly direction from the prolongation of the south kerb of Coronation 17 August 2010 Setting of Speed Avenue/Junction Road (SH3) Limits 2003 On any school day: a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside. d) When the 40km/hr signs are illuminated.

S3/03 Huatoki Street – Vogeltown School, from Huatoki Street from 50.0m to 280.0m 31/01/2012 Council Resolution Land Transport Rule measured in a westerly direction from the prolongation of the west kerb of 15 November 2011 Setting of Speed Carrington Street. Limits 2003

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Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set

Times 40km/hr variable speed limits are in force on any school day for: a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than five minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road, or enter, or leave vehicles at the roadside. d) When the 40km/hr signs are illuminated.

S3/04 Princess Street, Waitara - from 30.0m to 375.0m measured in a northerly 13/08/2012 Council Resolution Land Transport Rule direction from the prolongation of the north kerb of Bayly Street. 07 August 2012 Setting of Speed Limits 2003 Times 40km/hr variable speed limits are in force on any school day for: a) A period between 8.15am - 9.00am. b) A period of 30 minutes from the end of the Manukorihi Intermediate School day (3.00pm to 3.30pm), beginning no earlier than five minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road, or enter, or leave vehicles at the roadside. d) When the 40km/hr signs are illuminated.

S3/05 Mangorei Road - outside Mangorei School: Mangorei Road, from 0.0m to 275m 01/07/2013 Council Resolution Land Transport Rule measured in a northerly direction from the prolongation of the north kerb of 21 May 2013 Setting of Speed Oakwood Drive. Limits 2003 Outside New Plymouth Girls' High School: Mangorei Road, from 26m to 369m measured in a northerly direction from the prolongation of the north kerb of Rimu Street. Times 40km/hr variable speed limits are in force on any school day: a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or

52 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set enter, or leave vehicles at the roadside. d) When the 40km/h signs are illuminated.

S3/06 Brooklands Road - from 80 – 337m measured in a southerly direction from the 05/05/2004 Council Resolution Land Transport Rule prolongation of the south kerb of Kaimata Street. 1 April 2014 Setting of Speed Times 40km/hr variable speed limits are in force on any school day: Limits 2003 a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside. d) When the 40km/h signs are illuminated.

S3/07 Tukapa Street - from 0 – 150m measured in a northerly direction from the 05/05/2004 Council Resolution Land Transport Rule prolongation of the No. 359 / No. 361 property boundary. 1 April 2014 Setting of Speed Times 40km/hr variable speed limits are in force on any school day: Limits 2003 a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside. d) When the 40km/h signs are illuminated.

S3/08 Kelly Street, Inglewood - from 30 – 150.7m measured in a westerly direction 05/05/2004 Council Resolution Land Transport Rule from the prolongation of the west kerb of Miro Street. 1 April 2014 Setting of Speed Times 40km/hr variable speed limits are in force on any school day: Limits 2003 a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside.

24 REGISTER OF SPEED LIMITS

53 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set d) When the 40km/h signs are illuminated.

S3/09 Cumberland Street - from 20 – 290m measured in an easterly direction from the Council Resolution Land Transport Rule prolongation of the eastern kerb of Coronation Avenue (State Highway 3). 15 December 2015 Setting of Speed Times 40km/h variable speed limits are in force on any school day: Limits 2003 a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside. d) When the 40km/h signs are illuminated.

S3/10 Arawa Street -from 0 – 64m measured in a southerly direction from the Council Resolution Land Transport Rule prolongation of the southern kerb of Cumberland Street and from 0 – 27m 15 December 2015 Setting of Speed measured in a northerly direction from the prolongation of the northern kerb of Limits 2003 Cumberland Street. Times 40km/h variable speed limits are in force on any school day: a) A period between 8.15am - 9.00am. b) A period of 20 minutes at the end of school, beginning no earlier than 5 minutes before the end of school, and c) Ten minutes at any other time when at least 50 children cross the road or enter, or leave vehicles at the roadside. d) When the 40km/h signs are illuminated.

54 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

SCHEDULE 141

Roads that have an emergency a minimum speed limit

The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have an emergency minimum speed limit as set out in the schedule and/or plan.

Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set

26 REGISTER OF SPEED LIMITS

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PLAN 332/1A

56 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

PLAN 332/2A

28 REGISTER OF SPEED LIMITS

57 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

PLAN 332/1B

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PLAN 332/2B

30 REGISTER OF SPEED LIMITS

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PLAN 9732/3

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PLAN 9732/4

32 REGISTER OF SPEED LIMITS

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PLAN 9732/4A

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PLAN 9732/5

34 REGISTER OF SPEED LIMITS

63 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

PLAN 9732/6

64 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Speed Limits Bylaw 2.1

PLAN 9732/7

36 REGISTER OF SPEED LIMITS

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PLAN 9732/8

66 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - CBD Activation Report

3 Item for Recommendation CENTRAL BUSINESS DISTRICT ACTIVATION PROGRESS REPORT

PURPOSE 1. The purpose of this report is to update elected members on the Central Business District (CBD) activation work that was completed by staff in the 2017/18 year.

RECOMMENDATION That, having considered all matters raised in the report, the report be noted.

SIGNIFICANCE AND ENGAGEMENT 2. This report is provided for information purposes only, and has been assessed as being of some importance.

DISCUSSION 3. This report is an update for elected members on the revitalisation work that has been undertaken in the CBD. The intent of the CBD activations was to help create more vibrancy in the CBD, attracting visitors and supporting business.

4. Following the free parking trial in 2016/17, Council directed officers to use the revenue received from Saturday parking in the CBD ($310k per annum) to help activate the CBD via events and small improvements to the pedestrian environment. This work also has strategic alignment with Councils vision of building a lifestyle capital, and People, Place, and Prosperity.

5. Council officers saw a gap in the event calendar between Americarna and WOMAD, and felt there could be some bridging of these major events. Community lead events, with the support of NPDC, were held to fill the summer period, as well as deliver activities in the traditionally quiet winter.

6. The activations have been received well by businesses in the CBD. A CBD Survey was completed asking retailers how they thought the events supported their businesses. 68% of businesses noticed significantly more foot traffic, and 70% of respondents involved their business some way during an event. The following is a snapshot of the programme of works completed in the 2017/18 financial year.

See it in the City 7. A Central City Facilitator (CCF) role was created within NPDC with a focus on making the New Plymouth CBD vibrant through events and activities. This role also worked as a conduit between retailers and NPDC, making for a clear flow of information between both parties.

67 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - CBD Activation Report

3 Item for Recommendation 8. The CCF also worked closely with the Taranaki Chamber of Commerce and the Business and Retailers Association (BARA) to build on and enhance opportunities, especially around times when there’s expected to be an influx of visitors to the region. This work provided a great opportunity to leverage off events by bringing themed activities in the CBD.

9. Over the twelve month period, all activities that we delivered or supported by NPDC, within the CBD, came under the umbrella of See it in the City (SITC). This was an overarching, easily identifiable brand to cover the variety of entertainment occurring in the CBD.

10. A significant portion of the work was completed through the SITC brand:

Taste of the NZ Tattoo & This event comprised of lunch time concerts, Art Festival art, and BMX riders. Local businesses 21 -23 Nov 2017 supported the event by creating temporary hospitality areas.

See it in the City Market Day To leverage off the Cat Stevens concert, a 16 Dec 2017 CBD market day was held, with CBD retailers involved. The day also included music, performers, and activities for children.

Shape & Sounds This event, held of the Puke Ariki landing, 10 and 17 Feb 2018 had live outdoor yoga in the morning and live music in the afternoon.

Americarnival Family Fun Delivery of this event was done by Day– 24 Feb 2018 collaborating with Americarna, and creating a free family fun day. Activities included, food stalls, live entertainment, activities for children, and the chance to view all the American cars lined up in the CBD.

Velo Deus This work supported the retro bike race. It 20 – 2 March 2018 was organised by JetCharm Barbers, with support from NPDC Let’s Go team.

Escapefest NPDC worked with Escape 10 March 2018 coffee to deliver the Escapefest skating competition. Youth provider Zeal also supported the event.

Newtopia Multimedia Festival Every Sat and Sun March 2018 – NPDC again supported this multimedia festival with musicians, street artists and sculptors

68 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - CBD Activation Report

3 Item for Recommendation collaborating together to create and showcase their talents. This event was originally conceived to bridge the events calendar together.

FEASTival – Taranaki NPDC supported this celebration of Restaurant Week Taranaki’s high calibre restaurant scene, 5 – 10 June 2018 which helped drive people into the CBD in the winter months. SITC were founding sponsors of this event and delivered a pop- up charity event in Huatoki Plaza.

Right Royal Cabaret Festival NPDC were sponsors for the festival of 28 June – 1 July 2018 cabaret and comedy. The event was able to leverage off their national and regional marketing activities to promote the brand.

See it in the City Ice Skating This winter activation leveraged off the Right 28 July – 15 July 2018 Royal Cabaret Festival. It was a fun activity to bring people into the CBD. The rink was well received with 4,000 attendees over the 18 days. Also seven schools and three other groups booked private sessions.

Other Projects 11. Council officers completed other projects, including some funded through other avenues than the Council’s $310k CBD spend. These included:

x Pavement upgrade, and lighting of Huatoki Lane

x The Vital Transformations exhibition that utilised empty shops by having art installations installed in them. This event was funded through a Council Community Funding Investment grant.

x Herbs being planted in planter boxes to support FEASTival

x Having Christchurch’s Gapfiller come speak to local creatives about CBD initiatives. Gapfiller is a creative social enterprise that designs and delivers public place making installations that was born after the Christchurch earthquakes

x Partnering with the Business and Retail Association to get CBD businesses with projects, and revitalisation projects of their own. This included businesses on Devon Street decorating their shop frontages for events, such as Americarna.

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3 Item for Recommendation CBD Strategy 12. By building up the event programme and profile of See it in the City, Council was able to leverage additional opportunities for the community, such as Gapfiller.

13. A Central Business District Strategy will be commenced this year to provide a framework for the planning and development of the New Plymouth CBD. The Strategy will be informed by the Proposed District Plan that is to be publicly notified in April 2019.

14. The strategy will identify how we can plan for CBD revitalisation, key principles that will guide future development opportunities in the CBD, summarise Council’s current investment in the CBD, and provide recommendations on the approach to further developing, and investing in, public spaces in the CBD. The strategy document will also consider a wider set of interventions including events, promotional activities and community and business engagement, which can be considered for further activating the CBD.

15. The document will build on guidance provided in the Proposed District Plan for urban design and façade conservation.

16. The development of the Strategy is not part of the Central Business District vibrancy budget.

FINANCIAL AND RESOURCING IMPLICATIONS 17. There are no financial and resourcing implications outside of what has already been budgeted in the CBD.

IMPLICATIONS ASSESSMENT 18. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: x Council staff have delegated authority for any decisions made; x Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; x Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost- effective for households and businesses; x Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; x Any decisions made are consistent with the Council's plans and policies; and

70 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - CBD Activation Report

3 Item for Recommendation x No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.

Report Details Prepared By: Callum Williamson Team: Community Partnerships Approved By: Liam Hodgetts Ward/Community: City Ward Date: 9 August 2018 File Reference: ECM 7793243

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71 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 REVIEW OF ON-STREET DINING POLICY AND GUIDELINES

MATTER 1. The matter for consideration by the Council is the approval for public consultation of the updated on-street dining policy and new guidelines.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report:

a) The updated on-street dining policy and new on-street dining guidelines be approved for public consultation.

b) The following two new charges for on-street dining be approved for public consultation:

x Transfer of licence - $85

x Renewal of licence - $85

c) Note that as part of the consultation, on-street dining stakeholders (including current on-street dining premises) will be notified about the consultation and their opportunity to provide feedback.

COMPLIANCE

Significance This matter is assessed as being of significant. This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Approve the updated policy and guidelines for public consultation.

Options 2. Approve the updated policy and guidelines for public consultation with amendments.

3. Maintain status quo, retain the current policy and guidelines.

The persons who are affected by or interested in this matter Affected persons are business owners of on-street dining premises, adjacent business owners and users of on-street dining facilities.

Recommendation This report recommends option one for addressing the matter.

72 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 COMPLIANCE

Long-Term Plan / Annual Plan No Implications

Significant Policy and Plan No Inconsistencies

EXECUTIVE SUMMARY 2. This report seeks approval for public consultation of the updated On-street Dining Policy and new On-street Dining Guidelines.

3. The updated policy and new guidelines introduce an outcomes focused approach compared to the previous guidelines which concentrated on specific requirements and specifications for aspects of on-street dining. This new approach enables a level of design flexibility and individuality for on-street dining activities whilst achieving the Council’s desired outcomes for on-street dining. This will contribute to central city vibrancy and revitalisation, a top 10 focus area of the Council.

4. The updated policy also reemphasises that on-street dining is about consuming food (with associated drinks) and not for the sole consumption of alcohol without food. The policy also encourages and incentivises smoke free on-street dining.

5. The next step is to consult with the public on the proposed policy updates and new guidelines. The consultation will include notifying stakeholders (including current on-street dining premises) about the consultation and their opportunity to provide feedback.

BACKGROUND

An opportunity to enhance the on-street dining experience 6. An assessment of on-street dining activities in the New Plymouth central area identified an opportunity to enhance the quality and experience of the city centre for both residents and visitors through improved design and management of on-street dining activities.

7. This opportunity was incorporated into a review of the Council’s Encroachment Licences for On-street Dining Policy (the policy) and the On-street Dining Guidelines (the guidelines).

73 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 8. The regulatory provision for on-street dining is the Council’s Public Places Bylaw which requires any on-street dining activity to have an encroachment licence to occupy the pavement/road reserve. The policy and guidelines support the provisions of the bylaw through clarifying encroachment licence requirements for on-street dining.

9. This report discusses the review of the policy and the guidelines and recommends an updated policy and guidelines be approved for public consultation and feedback.

Reviewing the on-street policy and guidelines 10. The review of the policy and guidelines included the following phases:

x Understanding the current policy context for on-street dining

x Looking at national and international good practice on-street dining

x Talking to stakeholders to understand issues/opportunities

What the review identified 11. The review identified five key matters for response through the policy and guidelines:

x Personal safety and accessibility, where the safety and accessibility of pedestrians is compromised.

x Street and public realm amenity, where the general amenity of the street and city centre is compromised.

x Universal access, where access, particularly for those with disabilities (e.g. require wheelchair access; visually impaired, and so forth) is diminished.

x Vehicle movement and parking, where conflict is created between pedestrians and/or on-street dining uses and those using the road corridor.

x Potential regulatory issues, leading to safety, amenity and liability issues.

12. Examples of where these matters are demonstrated, and the outcomes that are to be avoided include:

x Seating and tables extending into pedestrian realm, limiting pedestrian manoeuvrability.

x Signage and other clutter from commercial services extending into pedestrian realm, limiting pedestrian manoeuvrability.

74 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4

x Barriers (i.e. on-street dining fencing) enclosing the pedestrian space and limiting manoeuvrability for pedestrians.

x Potential conflict between on-street dining and adjoining road carriage ways, including parked vehicles and movement.

x Narrow pedestrian thoroughfare between on-street dining seats, tables and adjoining buildings.

x Potential bottleneck to pedestrian movement during peak business hour times.

x Potential trip hazards associated with tables and chairs.

x Private dining tables and chairs obstruct public seating.

x Loss of visibility between the street and buildings due to high barriers blocking views, and associated safety issues.

x Decks and other semi-permanent physical interventions create ‘ownership’ of the public realm.

x Alcohol consumption moving out into the street as part of on-street dining.

x Use of bar stools and other furniture creating ‘dominance’ over pedestrian areas.

x Intimidation, caused by high numbers of people in areas that are being moved through by pedestrians.

Policy updates and new guidelines 13. Updates to the policy and new guidelines have been developed to respond to the five key matters identified in the review. The policy and new guidelines will also help with improved regulation through ensuring clear identification of encroachment licence areas.

75 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 Policy updates 14. General updates are proposed to the policy to improve readability. The following are the key proposed updates to the policy:

Proposed Rationale Update Focus on - There have been instances, especially late night, where on- food street dining areas have been used for the consumption of alcohol and not for the consumption of food. This activity is not consistent with the intent and purpose of on-street dining in the current policy.

- To clarify the intent of the policy, further emphasis is given to the fact that on-street dining is about consuming food (with associated drinks) and is not provided for the sole consumption of alcohol without food. The update to the policy specifically mentions that ‘on-street dining encroachment licences will not be approved for activities that provide for or promote the consumption of alcohol without food’.

Licence - To ensure consistency of approach and to provide certainty duration, to on-street dining premises, a new licence duration of 2 review and years (maximum) and an annual review frequency is transfer updated in the policy.

- Current licence duration dates vary. Since 2014 the majority of licences have a 5 year duration, before 2014 licences were not issued with a duration or review date.

- Currently licence holders will be encouraged to transition over to the new licence duration and review. All licences will be transitioned to the new licence duration and review within 2 years.

- The policy retains the ability to review a licence at any time.

- Also amended in the policy is the ability to transfer a licence to a new owner. This approach aligns with other regulatory activities and licences. The licence will only be transferred when there is no change in the on-street dining activity. If the new owner wishes to change any part of the activity they may have to reapply for a licence. The ability to transfer a licence is also reflected in the fees and charges for on-street dining as explained further in this report.

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Item for Recommendation 4 - Council officers will continue to liaise with the Police to improve monitoring, regulation and enforcement of on- street dining activities including the consideration of appropriate evening closure times of the licences.

Promotion - To support the Council’s Smoke Free Parks and Outdoor of smoke Areas Policy and the New Zealand Government’s goal of a free on- smoke free New Zealand by 2025, the policy is updated to street dining encourage smoke free on-street dining.

- The policy also introduces an incentive of a 50% discount on the annual rental of encroachment licences for smoke- free on-street dining areas. This will require an update to the Council’s schedule of fees and charges if approved.

- The potential uptake of the smoke free incentive is unknown. To provide some understanding of the financial implications of the incentive, the current on-street dining rental information is summarised:

x Total revenue from on-street dining in the last year $40,108.11

x This is made up of 51 separate premises

x Smallest amount (single premise) $148.56

x Largest amount (single premise) $4,850.98

x Average amount (single premise) $771.30

- If the incentive was taken up by the current on-street dining premises then the average loss in council revenue would be $385.65, with a range for a single premises from $74.28 to $2,425.49. If every on-street dining premise became smoke free then the loss in revenue would be $20,054.06.

- The updated policy showing the updates as strike through and underlined text is attached in Appendix 1.

77 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 Fees and - Two new charges are proposed for on-street dining: charges updates x Transfer of licence $85. This is to enable a licence to be transferred to a new owner who intends to continue the same on-street dining activity.

x Renewal of licence $85. This is to enable a licence to be renewed recognising that the cost will not be as much as an original application fee as it is simply a continuation of a current activity.

- These new charges will be additional to the current fees and charges for encroachment licences as included in Appendix 2.

New - The new guidelines are outcome focused compared to the Guidelines - previous guidelines which concentrated on specific outcomes requirements and specifications for aspects of on-street focused dining. This new approach enables a level of design approach flexibility and individuality for on-street dining activities whilst still achieving the Council’s desired outcomes for on- street dining.

- The new guidelines seek to support the vision of the New Plymouth Central Area Urban Design Framework (adopted by Council in 2013) ‘a vibrant, efficient and accessible public living room and business hub for the people of New Plymouth District’.

- They are based around four outcomes and accompanying design guidelines that provide ways of achieving the outcomes.

- The outcomes sought for on-street dining are:

x On-street dining does not impede pedestrian movement and universal access

x On-street dining that contributes to a high amenity, attractive public realm

x On-street dining that supports safety and crime prevention

x On-street dining that does not create conflict between adjoining road (vehicle) use.

78 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 - The design guidelines include ‘non-negotiables’ and ‘other matters’. The ‘non-negotiables’ are those matters that the Council believe need to be addressed to achieve the outcomes and contribute meaningfully to achieving a vibrant city. The ‘other matters’, which are still important, are seen as more flexible and the Council is open to considering how alternative design solutions may meet the intent of the outcomes and guidelines.

- A highlight of the guidelines is the recognition of visually impaired pedestrians through the implementation of a consistent 2m wide pedestrian zone to enable safe, unimpeded movement along the street. Where possible the 2m pedestrian zone will be located along the building line/edge to align with good practice design for the visually impaired.

- The new guidelines are included in Appendix 3.

SIGNIFICANCE AND ENGAGEMENT 15. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being significant because on-street dining is a popular activity in New Plymouth both from a supplier and user view point. There are currently 51 premises offering on-street dining in the district which will be interested and affected by the proposed policy updates and new guidelines.

16. This report seeks approval of the policy updates and new guidelines for consultation. Each premise currently providing on-street dining will be informed of the consultation as well as other on-street dining related stakeholders.

OPTIONS

General options assessment

a) Promotion or Achievement of Community Outcomes On-street dining promotes the People and Prosperity Community Outcomes.

b) Statutory Responsibilities There are no statutory requirements for the Council to provide for on-street dining.

79 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 c) Participation by Māori Māori will have the opportunity to participate in the Council decision-making process through Ngā Kaitiaki, Te Huinga Taumatua and the public consultation on the updated policy and new guidelines.

d) Community Views and Preferences Current providers of on-street dining will be interested and affected by the updated policy and guidelines. These along with other on-street dining related stakeholders will be informed of the consultation process and the opportunity to provide feedback.

Option 1 Approve the updated policy and guidelines for public consultation.

a) Financial and Resourcing Implications On-street dining encroachment licences are managed by the Customer and Regulatory Services.

The Council recovers costs of managing on-street dining encroachment licences through fees and charges. Cost recovery would be reduced with uptake of the smoke free on-street dining incentive as discussed previously in this report. This would have to be recovered from rates or another funding source.

b) Risk Analysis There is a risk that premises and users may not like the smoke free initiative. It is a voluntary initiative available to those premises wanting to participate, as such there is no obligation on a premise to become smoke free.

c) Consistency with Policies and Plans The policy and guidelines are consistent with, and support the provisions of the bylaw through clarifying encroachment licence requirements for on-street dining.

d) Advantages and Disadvantages The new guidelines respond to identified issues with on-street dining and maximise the benefits of outdoor dining for all within the public realm through improved design, placement and management.

80 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 Option 2 Approve the updated policy and guidelines for public consultation with amendments

a) Financial and Resourcing Implications Amendments will require further assessment to identify financial and resourcing implications.

b) Risk Analysis Any amendments will require further assessment to identify risks.

c) Consistency with Policies and Plans Any amendments will require further assessment to identify consistency with policies and plans.

d) Advantages and Disadvantages Any amendments will require further assessment to identify advantages and disadvantages.

Option 3 Maintain status quo, retain the current policy and guidelines

a) Financial and Resourcing Implications There are no additional financial or resourcing implications with this option.

b) Risk Analysis Without the new guidelines and policy updates there is a risk that the issues identified will not be addressed and the desired outcomes for on-street dining will not be achieved.

c) Consistency with Policies and Plans Retaining the current policy and guidelines will not be inconsistent with the Council’s bylaw.

d) Advantages and Disadvantages The issues and opportunities that the policy updates and new guidelines are designed to encourage may not be achieved.

Recommended Option This report recommends option one approve the updated policy and guidelines for public consultation for addressing the matter.

81 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

Item for Recommendation 4 APPENDICES Appendix 1 Updated On-street Dining Policy (ECM7798103)

Appendix 2 Current Fees and Charges for Encroachment Licences (ECM7798106)

Appendix 3 New On-street Dining Guidelines (ECM7798109)

Report Details Prepared By: Richard Mowforth (Senior Policy Adviser) Team: Policy Development Approved By: Mitchell Dyer (Policy Development Lead), Katrina Brunton (Customer and Regulatory Solutions Manager) Ward/Community: District wide Date: 13 August 2018 File Reference: ECM7798092

------End of Report ------

82 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - On-Street Dining Policy Report for Consultation

4.1 ENCROACHMENT LICENCES FOR ON-STREET DINING

POLICY PURPOSE The purpose of this policy is to clarify the encroachment licence process for on-street dining to enable transparent decision-making and management of this activity in New Plymouth District.

POLICY STATEMENTS

This policy supports the provisions of the New Plymouth District Council Bylaw 2008 Part 5 Public Places as the regulatory requirement for encroachment licences in New Plymouth District. The following information underpins the management and decision-making for encroachment licences for on- street dining: Defining on-street dining 1. On-street dining is the activity of providing seated diners the opportunity to consume food (and associated drinks) and/or liquor on a public footpath or road that is operated in conjunction with an adjoining premise that is licensed to sell food and/or liquor. Footpaths are located within road reserve and as such they are managed by the Council under the remit of the Local Government Act 2002. Council position on on-street dining 2. The community enjoys the convenience and ambience that on-street dining brings to the district. The public realm, including on-street dining, has a key role to play in the experience of the city centre for all. Done well, on- street dining enhances vibrancy and safety, making the city a more attractive place to visit, work and invest. This policy and the associated design and operation guidelines have been compiled to maintain standards that allow on-street dining to co-exist with the primary uses of the footpath by pedestrians and for public street furniture, plantings and utilities.

3. The focus of oOn-street dining is limited to the consumption of food provision for seated diners. On-street dining encroachment licences are unlikely towill not be approved for activities that provide for or promote standing dining or drinkingthe consumption of alcohol without food. This is to ensure that the activity occurs within the defined boundaries of the licensed area and is less likely to breach the licensed area and impede on other parts of the road reserve. Scope of policy 4. This policy applies to any proposed on-street dining on any local road reserve and State Highway reserve in New Plymouth District that has a posted speed limit of 50kmph or less. 5. This policy may also be applied to proposed dining situations in any public place in New Plymouth District at the discretion of the Council. Requirement for an on-street dining encroachment licence 6. The New Plymouth District Council Bylaw 2008 Part 5 Public Places requires that no person may occupy a road, reserve, park, or airspace above a road, reserve or park for any purpose unless that person has: a) Obtained an encroachment licence, airspace or subsoil lease or licence to occupy from the Council; and b) Paid the relevant fee. 7. An encroachment licence to occupy the road reserve is required for all on-street dining activities. Application process and requirements 8. An application form must be completed for all on-street dining encroachment activities.

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9. An application must contain the required level and standard of information before it can be accepted for 4.1 processing by the Council. 10. The application will be assessed in relation to this policy and the associated New Plymouth On-Street Dining gGuidelines. 11. The applicant is required to submit for approval and then implement an on-street dining activity management plan for their proposed dining activity. The plan will identify how the licence holder, in the practical sense, will meet the licence conditions on a day to day basis. This has been introduced to ensure the applicant knows what is expected for their activity to continue and to ensure the applicant is committed to meeting the encroachment licence requirements. Principles for assessing on-street dining 12. The following principles will be used to assess applications for on-street dining. On-street dining should be implemented in a manner that:

x Meets the intent of the ‘key outcomes’ outlined within the New Plymouth On-Street Dining Guidelines. x x Does not require any alteration or fixture to the footpath, utilities or other Council or community assets. x Does not deter or inconvenience pedestrians or vehicles from using the adjacent public places. x Its location maintains the safety of its customers and the users of the adjacent public places. x Does not significantly obstruct or adversely affect the safe and efficient passage of pedestrians or vehicles. x Does not significantly affect access to or use of adjacent businesses and/or properties. Trade competition is excluded from consideration. x The design of furniture and its siting does not detract from the visual appearance of the area. x Will not, in terms of occupation and activity, extend beyond the boundaries of the approved licensed area. x Is complementary to existing uses of the area. x Is consistent with existing consents and licences. x Enhances the heritage values of the immediate area. x Is safe for users with adequate protection from vehicle traffic where risk arises.

The New Plymouth On-Street Dining Guidelines on-street dining guidelines will be used to determine the extent to which applications meet these principles. Smoke free on-street dining 13. To support the Council’s Smoke Free Parks and Outdoor Areas Policy and the New Zealand Government’s goal of a smoke free New Zealand by 2025, smoke free on-street dining areas are encouraged. 14. The Council will provide a 50% discount on the annual rental of encroachment licences for smoke free on- street dining areas.

Issuing an on-street dining encroachment licence 1315. A licence is not transferable and when a property or business is sold, the new owners will need to apply for a new licence. 1416. A licence will be subject to such conditions of operation as are necessary to ensure that the intent of this policy is met. These will include, but are not limited to, the following conditions:

x That the licence holder will maintain the dining area in a clean, tidy and presentable manner. x That all on-street dining furniture will be removed from the public place at the end of the day’s trading.

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x That the licence holder will have public liability insurance and will be able to provide evidence that the 4.1 insurance is current. x The ability for the Council to review the encroachment licence at any time. x The right of the Council with appropriate notice to require the temporary cessation of on-street dining to enable works to be carried out or to accommodate a special event.

1517. It is the responsibility of the licensee to ensure that the conditions of an on-street dining encroachment licence are met when the activity operates.

Licence duration and review 18. An On-street dining encroachment licence will be issued for a maximum duration of two years with an annual review.

Costs and Charges 1619. Fees and charges for encroachment licences are set as part of the Annual Plan or Long Term Plan process and are detailed in the relevant Schedule of Fees and Charges. 1720. Annual rentals are reviewed in accordance with the Schedule of Fees and Charges. 1821. The licensee is responsible for all costs associated with the installation, operation and ongoing maintenance of the on-street dining activity. 1922. The licensee is responsible for any costs of damage to Council owned property associated with the provision of the on-street dining activity. 2023. The licensee is responsible for the cost of maintaining the required level of public liability insurance. 2124. The licensee is responsible for any costs associated with the reinstatement of road reserve arising from the on-street dining activity or its removal. Any remedial works will be undertaken by a Council approved contractor at the full cost to the licensee. Advertising 2225. The New Plymouth District Plan and New Plymouth District Council Bylaws control advertising in public places. Advertising signage must conform to these controls except that on-street dining furniture may also display the following:

x The premise name and/or logo. x A product supplier brand name and/or logo.

Situations when on-street dining may cease 2326. On-street dining may cease or be required to cease where:

x The licensee surrenders the licence. x The licensee ceases trading. x Any associated costs remain unpaid. x A breach of licence conditions occurs. x A review of the licence finds that on-street dining is no longer feasible in accordance with this policy due to changed circumstances (e.g. significant increases in pedestrian flows) or changes to the use of the adjoining carriageway (e.g. the establishment of a pedestrian crossing point or parking facilities) or the need to use the footpath for any other primary purpose.

Guidelines for on-street dining

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2427. The On-street Dining Guidelines provide information on the ways in which this policy may be met, the 4.1 application process and the status of any licence issued prior to this policy. The guidelines will be used in conjunction with this policy to assess any application for an on-street dining encroachment licence.

POLICY CONTACT The policy holder is the Property Assets Team within the Community Asset GroupCustomer and Regulatory Services.

POLICY REVIEW

A review of this policy will be undertaken three years after its formal adoption or earlier if required. Reviewed five yearly (next review 2023). Reviewed three yearly (next review 2014).

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Encroachment Licence Fees and Charges

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4.3

NEW PLYMOUTH ON-STREET DINING GUIDELINES

NEW PLYMOUTH DISTRICT COUNCIL

FEBRUARY 2018

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These guidelines have been prepared by Beca on the specific instructions of New Plymouth District Council. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work.

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Contents

1. Introduction 1

2. On-Street Dining Guidelines 3 3. Information Requirements 11

4. Application Site Plan Example 12

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4.3 1. Introduction

In recent years, New Plymouth has benefited significantly from Through ongoing assessment of on-street dining activities, including In addition to requiring on-street dining proposals to be supporting good urban design and continuing to invest in the feedback from the community and local businesses, the following key consistent with and achieve the outcomes and guidelines quality of its city centre, both for residents and visitors. The issues were identified: outlined within this document, the Encroachment Licences public realm, including on-street dining, has a key role to play for On-Street Dining Policy will also be considered against the in the experience of the city centre for all. Done well, on-street • Negative impacts on people’s personal safety due to following matters: dining enhances vibrancy and safety, making the city a more inappropriately located and/or designed on-street dining areas. attractive place to visit, work and invest. • Reduction in the pleasantness of the street and public realm, due • Does not require any alteration or fixture to the footpath, to inappropriately located and/or designed on-street dining areas. utilities or other Council or community assets. ‘On-street dining’ is defined as the activity of providing • Universal access is diminished, particularly for those with • Does not deter or inconvenience pedestrians or vehicles seated diners the opportunity to consume food (and disabilities (e.g. require wheelchair access; visually impaired, and from the adjacent public places. associated drinks) on a public footpath or road that is so forth). • Its location maintains the safety of its customers and operated in conjunction with an adjoining premises licensed • Potential for conflict is created between pedestrians and/or on- those within the adjacent public places. to sell food. This document outlines guidance in relation to street dining users and those using the road corridor. • Does not significantly affect access to or use of adjacent the layout and design of on-street dining for New Plymouth’s • Potential for regulatory issues, leading to safety, amenity and businesses and/or properties. Trade competition is City Centre and local centres. Based on best practice urban liability issues. excluded from consideration. design and safety design principles, they have been prepared • Will not, in terms of occupation and activity, extend to support Council’s Encroachment Licences for On-Street The purpose of these guidelines is to respond to these issues and beyond the boundaries of the approved licensed area. Dining Policy, and to assist applicant’s in their planning maximise the benefits of outdoor dining for all within the public realm. • Is complementary to existing uses of the area. process. • Is consistent with existing consents and licences.

The on-street dining outcomes and guidance within this document also seek to support the vision outlined within the New Plymouth Central Area Urban Design Framework for the city centre:

“A vibrant, efficient and accessible public living room and business hub for the people of New Plymouth District.”

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Figure 2: Example of desirable outcomes - clear pedestrian routes.

Figure 1: Example of undesirable outcomes - cluttered street space, reducing pedestrian amenity. Figure 3: Example of desirable outcomes - well defined outdoor dining space, with innovative use of planting to define boundaries.

New Plymouth District Council 2

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4.3 2. On-Street Dining Guidelines

2.1 Outcome One

On-street dining does not impede pedestrian movement and universal access How to use these guidelines Key Outcomes Sought: The on-street guidelines are made up of ‘outcomes • New Plymouth’s streets are designed to enable and prioritise safe sought’ and ‘design guidelines’. The ‘outcomes pedestrian movement, for all. Where on-street dining amenities are sought’ set out the outcome Council is seeking provided, these need to be designed so that safe movement, for to achieve through the proposed on-street dining activity; the ‘design guidelines’ provide the ways of all, is not impeded. achieving the outcome. • New Plymouth’s streets provide an inclusive environment for all, including those with disabilities. As such, it is important that The design guidelines include ‘non-negotiables’ on-street dining amenities are provided for in a manner that is and ‘other matters’. The non-negotiables are those inclusive of all, taking into account universal access principles as matters that Council believe need to be addressed to part of their overall design. achieve the outcomes and contribute meaningfully to achieving the vision for the city. The ‘other matters’, which are still important, are seen as more flexible Design Guidelines: and Council is open to considering how alternative • Non-negotiables: design solutions may meet the intent of the outcomes » Maintain a 2.0 metre wide ‘pedestrian zone’ along all footpaths, and guidelines. at all times. ‘Pedestrian zone’ refers to the area required by Figure 4: Plan showing minimum 2.0m pedestrian zone in relation pedestrians and others for safe and unimpeded movement to on street dining zone and kerb clearance. along the street. Consistency of the pedestrian zone should be maintained for visually impaired pedestrians. Refer figures 4 to 8. » Avoid the use of furniture and fittings (including canvas screens, glass screens, large planter boxes and freestanding awnings) that impedes pedestrian manoeuvrability. » Do not impede any fire exit or wheelchair access associated with adjoining premises. » Avoid on-street dining amenities that may result in trip hazards or otherwise impede safe footpath use. This includes furniture, barriers and raised floors. 3 Beca

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• Other Matters: » Where the footpath width allows for on-street dining to be provided safely on the street side of the footpath the preferred option is to avoid on-street dining along the building line/edge, so as to not impede movement of visually impaired pedestrians. Refer figures 4, 14 and 16. » Provide on-street dining furniture that can be used by people with disabilities and/or mobility issues, including people pushing prams and strollers. Universal access guidelines recommend the following: • Table surface height between 750mm to 850mm • Seating height between 450mm to 520mm • Ensuring furniture is positioned to enable wheelchair access. » Provide a minimum 1.0 metre clearance from existing street infrastructure that requires access by members of the public and for emergency purposes, such as fire hydrants, exit doors, litter bins, public seats, bicycle stands, pay phones and parking meters. » Provide a clearance of 500mm from other street infrastructure such as bollards, poles and street trees. » Design the layout of the on-street dining area so as to not deter or inconvenience pedestrians or vehicles from using and accessing the adjacent public places, including Figure 5: Diagram showing minimum 2.0m pedestrian zone, and preferred table heights and setbacks from street edge. adjoining public seating areas. » Locate and design planter boxes: • A minimum clearance of 600mm from the kerb edge • To be located within the defined on-street dining zone (to be identified at the time of application) • So they don’t obstruct the pedestrian zone • To a maximum height (including planting) of 1200mm (refer figure 13 example). New Plymouth District Council 4

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Figure 7: Existing Devon Street (north side of street) showing appropriate intensity of street dining where footpath width is limited.

Figure 6: Existing Devon Street (southern side of street) showing clear pedestrian zone width, minimum 2.0m. Figure 8: Existing Devon Street (south side of street) showing appropriate intensity of street dining where footpath width is wider.

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4.3 2. On-Street Dining Guidelines

Design Guidelines: • Be no more than 900mm in height 2.2 Outcome Two • Non-negotiables: • Be no more than 2000mm in length over a single panel On-street dining that contributes to a high » Provide on-street dining furniture that is of a high quality • Predominately be of canvas or timber construction amenity, attractive public realm appearance and finish, durable and sturdy. • Avoid use of glass or other materials that may shatter, unless they can be shown to be of a suitable standard for Key Outcomes Sought: • Other Matters: public places in agreement with Council. • On-street dining amenities should positively impact on » Provide for on-street dining areas that contribute to the » Allow space at a minimum of 1m2 per person within on- streetscape and the public realm through attractive, vitality and public nature of the street by minimising screens street dining areas. innovative design approaches. and barriers, particularly where these might create a sense » Design on-street dining areas adjacent to identified of privatising the public place (refer figures 11 to 13). Where character or heritage buildings so as not to detract from screens and barriers are required, these shall be designed or damage those buildings (applications will be subject to to: review by Council’s planning team). • Define the area, as opposed to act as wind or visual » Use of umbrellas are appropriate provided they: screens • Have a minimum 2.4m clearance above the footpath • Be placed either parallel to the road corridor or at the (refer figure 3) ends of on-street dining areas – not fully enclosing on- • Are securely installed against effects of weather, i.e. wind street dining zones and rain. • Be removable when not in use, while remaining stable » Require ashtrays where smoking is permitted. and robust

New Plymouth District Council 6

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4.3 2. On-Street Dining Guidelines

2.3 Outcome Three Design Guidelines: • Non-negotiables: On-street dining that supports safety and » Require on-street dining areas located next to intersections to be crime prevention set back from the building to allow a clear line of sight for turning traffic. Key Outcome Sought: On-street dining areas need to provide safe, welcoming • Other Matters: environments for all, and assist to enhance the safety of the » Avoid the use of on-street dining furniture that has sharp edges, wider environment. Means to achieve this include through glass tables, hinges, or other moving parts that present a potential maximising passive surveillance and personal safety, avoiding hazard to patrons or pedestrians environments that may otherwise intimidate others within » Provide adequate lighting (if not already available) within and the street environment, and avoiding elements that may around the on-street dining area contribute to physical safety hazards. » Avoid the use of bar stools and other high stools or chairs, which have the potential to topple over and also increase the feeling of Figure 9: Example of low quality dining furniture that has the potential to break or become brittle over time. intimidation for pedestrians passing by » Maintain a clear view of the on-street dining area from the inside of businesses to enable effective monitoring of the patrons and outlook into the street. The maximum height for screens and barriers is recommended to be 900mm. This will assist to preserve the appearance and openness of the streetscape, along with passive surveillance and » Outdoor heating units (where provided) are suitably designed and located and subject to Council approval.

Figure 10: Example of high quality appearance and finish, durable and sturdy.

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Figure 12: Appropriate sized canvas barriers.

Figure 11: Attractively set out dining that maintains the adjoining pedestrian zone. Figure 13: Appropriate sized planting barriers, maintaining visibility and relationship with the public realm.

New Plymouth District Council 8

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4.3 2. On-Street Dining Guidelines

2.4 Outcome Four On-street dining that does not create conflict between adjoining road (vehicle) use

Key Outcome Sought:

On-street dining needs to be suitability located and positioned so as to not conflict with the adjoining road use, including parked cars opening doors, and potential safety issues at intersections.

Figure 14: Plan illustrating required on-street dining setbacks from bus stops and taxi ranks.

Figure 15: Example of appropriate on-street dining in vicinity of an intersection, where ample room is retained for pedestrian movement.

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Design Guidelines:

• Non-negotiables: » Require a minimum clearance of 600mm from the kerb edge to the on-street dining area, to reduce potential for conflict with vehicles, including allowing for people to enter / exit cars parked parallel to the footpath. » Do not locate on-street dining adjacent to disability car parks, loading zones, bus stops and taxi ranks; a minimum of 3.0m should be provided up or down the street between on-street dining areas and any bus stops and taxi ranks, so as to avoid conflicts between passengers and diners. Refer figure 14. » On-street dining should not be provided where it will obstruct visibility between pedestrians and traffic or obstruct the free flow of pedestrians at pedestrian crossing points such as traffic lights, pedestrian crossings or raised medians.

• Other matters: » Require a setback of 45° from the corner buildings. This will generally result in a 1.0 metre to 3.0 metre clearance from the corner to the edge of an on-street dining area. Refer figures 16 and 17. » Minimise the use of furniture and fittings (including canvas Figure 16: Concept drawing illustrating desirable clear pedestrian zone at intersections, and emphasising the need to retain good visibility between indoor and outdoor activities. screens, glass screens, foliage, planting and planter boxes) that produce a dominating effect to vehicle use and/or obstruct the view from a vehicle onto the footpath.

New Plymouth District Council 10

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4.3 3. Information Requirements

As part of an encroachment licence • A “Management Plan” for the activity – this plan should detail the • To allow for continuity with the use, signage and application, and to show how these practical steps of how the licence responsibilities will be met on a structures adjoining the frontage of neighbouring guidelines have been responded to, the day-to-day basis. properties (NB: Size and location controls apply to following forms and information should be • Evidence of adequate public liability insurance indemnifying footpath signs under the District Plan and Bylaws). included: the Council against any claim arising from damage caused by furniture, items or structures used in association with the dining 5. Elevations, drawn to a scale of not less than 1:50, 1. A completed encroachment licence application form. area. illustrating: • Design of furniture and the materials and colours 2. The application fee. 4. A site plan, at a scale of 1:250 or larger, illustrating: used and any associated sign writing. Manufacturer’s • The dimensioned width of your property frontage(s), the position information and photographs that provide the necessary 3. A description of the activity, including the following, as and dimensioned width of the adjoining footpath measured from degree of detail may be used. appropriate: the frontage of your premises to the kerb face. • The use of your premises, i.e. licensed or unlicensed • The extent and location of the proposed ‘on-street dining zone’. Any Alcohol Licences or Building Consents will need to be café, restaurant or bar or takeaway food outlet. • The dimensioned minimum clearance of the dining furniture applied for separately if needed. • Whether permanent or temporary – if temporary please relative to any street furniture or utilities such as parking meters, specify duration. signs, trees, utility boxes and poles or adjoining kerbs, or Licences are subject to annual fees in accordance with • The normal hours of use of the on-street dining area. pedestrian crossings (refer to the guidelines for guidance on Council policy, and may be reviewed at any time. • Whether or not the on-site consumption of alcohol is dimensions). proposed (alongside dining) in the on-street dining area. • The extent and location of any dining areas on adjoining • The number of tables and seated diners proposed to be frontages. located on the footpath. • The position of proposed dining furniture including required • Confirmation that all of the structures (barriers, screens, screen enclosures, barriers, screens, blinds, shelters, planters, umbrellas) are not fixed to the footpath or attached to tables and chairs and any footpath sign for the premises. street furniture or other equipment and will be removed • The location of a direct and unobstructed pedestrian zone past or when not in use. through the dining area. The width of this access is not less than two metres.

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4.3 4. Example Application Plan

Example of a site plan supporting an application for an on-street dining encroachment licence.

Figure 17: Example of a site plan supporting an application for an on-street dining encroachment licence.

New Plymouth District Council 12

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4.3

13 Beca

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Item for Recommendation

TAPUAE ROA ACTION PLAN AND NPDC 5 PURPOSE 1. This report outlines the actions in the Tapuae Roa: Make Way for Taranaki Action Plan which relate to the New Plymouth District Council (NPDC) and the implications.

RECOMMENDATION That, having considered all matters raised in the report, the report be noted.

SIGNIFICANCE AND ENGAGEMENT 2. This report is provided for information purposes only, and has been assessed as being of some importance.

DISCUSSION 3. The NPDC adopted the Tapuae Roa: Make Way for Taranaki (Tapuae Roa) Strategy and Action Plan in March 2018. The implementation of the Action Plan is now underway and much of this is being managed by Venture Taranaki. There are, however, many actions which require the involvement of NPDC and this report outlines these.

4. The implementation of the Action Plan has been sped up following the Government announcement putting a halt to offshore block offers, particularly in the “Energy Futures” area. “Energy Futures” recognised that the global energy sector is in the midst of a significant transition, driven by new technologies, changing consumer preferences and efforts to reduce pollution and greenhouse gas emissions. The Action Plan has stood up to the sudden change and will greatly help focus Taranaki for this transition.

5. The Council approved the following during the Long-Term Plan 2018-2028 deliberations on 6 June 2018:

Opex of $350k per annum over Years One to Ten to provide for the implementation of the Tapuae Roa: Make Way for Taranaki – the Regional Economic Development Strategy and Action Plan

6. This funding has provided an ability to respond to requirements for regional contribution to projects mostly funded by the Provincial Growth Fund. So far in the 2018/19 year this has included the following:

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Item for Recommendation

Project NPDC Total Project 5 Contribution Cost New Energy Development Centre $50,000 $170,000 Feasibility H2 Taranaki Roadmap Development $50,000 $190,000 Innovation Precinct study, including $50,000 $175,000 hubs Future Foods Network Accelerator $30,000 $100,000 Scoping Study Future Foods Major Taranaki Food $37,500 $210,000 Opportunities Taranaki Regional Investment Fund $20,000 $100,000 Tapuae Roa Project Coordination $50,000 $140,000 TOTAL $287,500 $1,085,000

7. The current Tapuae Roa related actions which require NPDC input are shown in appendix one, including timeframe, sector, reason for involvement and the team(s) requiring input.

FINANCIAL AND RESOURCING IMPLICATIONS 8. The $350,000 approved in the Long-Term Plan 2018-2028 for the implementation of Tapuae Roa has been used in year one to help leverage significant investment from Central Government through the Provincial Growth Fund. The costs associated with staff time to contribute to the actions in appendix one will be covered from other existing budgets.

9. Some Tapuae Roa projects may provide opportunities for NPDC capital investments such as those related to Hydrogen vehicles and/or power supplies. These will be considered under current procurement policies and practices where whole-of-life costs, reliability, fit-for-purpose, etc. are taken into account.

IMPLICATIONS ASSESSMENT 10. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: x Council staff have delegated authority for any decisions made; x Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and

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Item for Recommendation

preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; 5 x Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost- effective for households and businesses; x Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; x Any decisions made are consistent with the Council's plans and policies; and x No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.

APPENDICES Tapuae Roa Action Plan – Actions with NPDC Involvement (ECM 7798147)

Report Details Prepared By: Kathryn Scown (Senior Policy Adviser) Team: Policy Development Approved By: Liam Hodgetts (Group Manager Strategy) Ward/Community: District Wide Date: 13 August 2018 File Reference: ECM 7798148

------End of Report ------

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TAPUAE ROA ACTION PLAN – ACTIONS WITH NPDC INVOLVEMENT

Projects Tapuae Roa Section Reason for NPDC Involvement Team(s) involved IMMEDIATE PRIORITIES 5.1 Tapuae Roa Project Coordination Overall Stakeholder Strategy Group SH43 - The Forgotten Highway Study Accessibility & Connectivity Stakeholder Transportation, Policy Development Owner of asset, district plan District Planning, Policy Development, Property, Airport Runway Scoping Study Accessibility & Connectivity implications PRIP Blue Water Highway Accessibility & Connectivity Stakeholder Strategy Group Airport Drive and SH 3 Intersection Accessibility & Connectivity Stakeholder Infrastructure, Property, PRIP Mayoral Forum initiative, venue Policy Development, Venues & Events, Just Transitions Conference Energy Futures holder, organising committee Communications New Energy Development Centre Feasibility Energy Futures Stakeholder Policy Development, Infrastructure Planning Stakeholder, significant energy Strategy Group, Customer & Regulatory, H2 Taranaki Roadmap Development Energy Futures user Infrastructure Just Transitions Conference, VTT General Manager Just Transitions Energy Futures Owner Policy Development, Infrastructure Planning Future Foods Network Accelerator Scoping Study Food Futures Stakeholder Strategy Group Future Foods Major Taranaki Food Opportunities Investigation Food Futures Stakeholder Strategy Group Taranaki Regional Investment Fund Study Investment Stakeholder Strategy Group, Business Services Regional Investment/Growth Fund Investment Stakeholder, owner of PIF Policy Development, Business Services Talent, Enterprise & Innovation Precinct study, including hubs Innovation, Māori Futures Stakeholder Policy Development

Taranaki Crossing Visitor Sector Futures Stakeholder Iwi Liaison, Transportation, Parks, Strategy Group North Egmont Visitor Centre Visitor Sector Futures Stakeholder Transportation, Policy Development Regulatory requirements, links Taranaki Cathedral Visitor Sector Futures with Puke Ariki Customer & Regulatory Mangorei Road Carpark and Toilets Visitor Sector Futures Owner of assets Infrastructure, Policy Development Introduction and delivery of an enhanced events programme Visitor Sector Futures Current business of NPDC Events & Venues

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SHORT-TERM PRIORITIES Venture Taranaki Monitoring and Evaluation Framework Overall Owner of Venture Taranaki Policy Development Port Developments Accessibility & Connectivity Stakeholder Strategy Group 5.1 Egmont National Park Roads review Accessibility & Connectivity Owner of assets Transportation Infrastructure Investment Investment Current business of NPDC Infrastructure Story-telling promotion Vibrancy & Liveability Stakeholder Strategy Group, Recreation & Culture Stakeholder and current Settlement support Vibrancy & Liveability business of NPDC Community Partnerships, Governance Work with immigration NZ to fill skills Stakeholder and current gaps Vibrancy & Liveability business of NPDC Strategy Group, Human Resources Explore conference market to secure conferences Vibrancy & Liveability Current business of NPDC Events & Venues Environmental enhancement and beautification coordination Vibrancy & Liveability Current business of NPDC Infrastructure Prioritised recreation facilities investment Vibrancy & Liveability Current business of NPDC Infrastructure, Property Free Wi-Fi in the city and town centres Vibrancy & Liveability Stakeholder Strategy Group, Information Services Advance the Puke Ariki and cultural heritage and identity developments Visitor Sector Futures Owner of assets Puke Ariki, Govett Brewster Extend the offerings of the Len Lye Centre Visitor Sector Futures Owner of assets Govett Brewster Build additional walkways and cycleways Visitor Sector Futures Owner of assets Infrastructure Enhance garden experiences Visitor Sector Futures Owner of assets Infrastructure Owner of assets which may be Infrastructure, Recreation & Culture, Strategy Develop eco-tourism product Visitor Sector Futures used Group Establish Drive journeys Visitor Sector Futures Stakeholder Transportation Enhanced support for destination marketing and major event attraction Visitor Sector Futures Owner of associated assets Communications, Events & Venues Assist iwi to develop capacity in visitor Possible stakeholder, regulatory sector Visitor Sector Futures implications Iwi Liaison, Customer & Regulatory Strategy Group, Infrastructure, Customer & Resolve visitor pressure on infrastructure Visitor Sector Futures Owner of associated assets Regulatory Policy and regulatory environment for visitor sector needs Visitor Sector Futures Current business of NPDC Strategy Group, Customer & Regulatory

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Improve community awareness and support for visitors Visitor Sector Futures Stakeholder Community partnerships, Customer & Regulatory MEDIUM-TERM PRIORITIES Digital Enablement Plans in district 5.1 councils Accessibility & Connectivity Current business of NPDC Strategy Group, Information Services Strategy Group, Infrastructure, Customer & Hydrogen Supply infrastructure Energy Futures Stakeholder Regulatory New Energy Development Centre Strategy Group, Infrastructure, Customer & Development Energy Futures Stakeholder Regulatory Innovation Precinct development Talent, Enterprise & Stakeholder, possible venue Puke Ariki, Customer & Regulatory, Policy including hubs Innovation, Māori Futures owner, education role Development

Regulatory environment review Vibrancy & Liveability Current business of NPDC District Planning, Customer & Regulatory Expand the TSB Stadium Visitor Sector Futures Owner of assets Infrastructure Improve accessibility and connectivity Owner of assets and within and to Taranaki Visitor Sector Futures stakeholder Transportation Improve efficiency of i-SITE operations Visitor Sector Futures Owner of assets Puke Ariki Town and city centre refresh and identity Visitor Sector Futures Current business of NPDC Strategy Group, Infrastructure Reopening of Yarrow Stadium as soon as Owner of assets and possible Visitor Sector Futures stakeholder Infrastructure, Property

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Item for Recommendation

AGREEMENT REGARDING REWA REWA RESERVE

MATTER 6 1. The matter for consideration by the Council is to recommend the establishment of a Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Forum). The Forum will help meet the obligations of both parties as set out in the Agreement Regarding Rewa Rewa Reserve (‘the Agreement’) signed between Ngāti Tawhirikura Hapū Trust (the Hapū) and New Plymouth District Council in 2007.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report: a) The Council establish the Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Forum). b) The Mayor be delegated authority to:

i) Appoint three (3) New Plymouth District Council elected members to the Forum.

ii) Formalise the appointment of Hapū members on receiving the the recommendation of the Hapū.

iii) Appoint replacement representatives should a vacancy occur in the appointees to the Forum. c) That once all members have been appointed, the Forum prepare a draft Terms of Reference, based on the Agreement Regarding Rewa Rewa Reserve (‘the Agreement’) signed between Tawhirikura A Hapū Trust (the Trust) and New Plymouth District Council in 2007 for consideration by the Council and the Trust.

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Item for Recommendation

COMPLIANCE

Significance This matter is assessed as being of some importance. 6 This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Establish the Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Options Forum)

2. Not establish Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Forum)

The persons who are affected by or interested in this matter Affected persons are the Council and Ngāti Tawhirikura Hapū.

This report recommends Option 1 - Establish the Forum for Recommendation addressing the matter.

Long-Term Plan / Annual Plan No Implications

Significant Policy and Plan No Inconsistencies

EXECUTIVE SUMMARY 2. The “Agreement Regarding Rewa Rewa Reserve” between New Plymouth District Council and Ngāti Tawhirikura A Hapū Trust is a legally binding agreement. To progress the Agreement both parties have agreed to establish a committee of equal representation. We recommend that a Partnership Forum is established in order to meet the requirements of the Agreement. This approach will provide co-governance and co-management mechanisms as originally envisaged by the Council and the Hapū. The next step is for the Mayor to appoint three (3) elected members and formalise the appointment of three (3) Ngāti Tawhirikura hapu members to the Partnership Forum. The hapū members will be appointed on the recommendation of Ngati Tawhirikura. The Forum will then draw up a Terms of Reference, based on the Agreement, for adoption by the Council and the Trust.

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Item for Recommendation

BACKGROUND 3. On 6th June 2007 New Plymouth District Council signed a legal agreement with Ngāti Tawhirikura A Hapū Trust regarding Te Rewa Rewa Reserve located on northern side of Waiwhakaiho River and commonly known at that time as the 6 Rifle Range. The Agreement was described as a ‘21st century solution to an 18th century issue’. The Agreement also won a Local Government New Zealand Crown-Māori Relationships Award the same year. The then Prime Minister Helen Clarke attended the signing of the Agreement which indicates the level of interest in this Agreement at the time.

Background 4. In 1999 the Crown informed Council that the land which housed the rifle range was surplus to their needs and that they intended to land bank the property for possible acquisition by Te Ātiawa iwi as part of their Treaty of Waitangi settlement. They also informed Council that if any of this land was required for public works or infrastructure, Council could apply to obtain what was necessary. Council did apply for a part of the reserve on the basis that they may need to extend the Waste Water Treatment in the future. The remainder of the land was then land banked awaiting a Treaty settlement.

5. At the same time the Council had identified a desire to extend their coastal reserves and the coastal walkway and made a direct approach to Te Ātiawa about the possibility of Council purchasing the reserve. Te Ātiawa however directed the Council back to the hapū of Ngāti Tawhirikura as the land had been taken under the Public Works Act 1905 and some animosity remained with the Hapū on how it was taken.

6. Council approached Ngāti Tawhirikura in the hope of building relationships and understanding the aspirations of the hapū. This reserve is of major significance to the Hapū as tangata whenua. Discussions continued to occur over a number of years and eventually an agreement was struck between the Council and the Hapū. The Hapū would support the Council to acquire ownership of the land on the basis that the reserve would be used in partnership by the Council and the Hapū. The Council would provide both encouragement and assistance to the Hapū in their aspirations to protect the urupā and the historic Rewa Rewa Pā, on the reserve and to use other areas on the reserve for a variety of cultural and income-generating activities.

7. The Agreement identifies that the land has been classified as a local purpose reserve pursuant of the Reserves Act 1977 for the purpose of fostering iwi activity, extending the coastal reserves and the coastal walkway. The aspirations of both the Council and the Hapū are identified in the Agreement.

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Item for Recommendation

8. Following the signing of the Agreement, a management committee was formed with equal numbers of Hapū and Council members. This committee was a mechanism for decision making in relation to the reserve. While the Hapū appointed their elected members to the committee, Council management appointed staff. 6

9. The committee met between July 2007 and April 2011, by this time Te Rewa Rewa Bridge had been built and coastal walkway extended across the reserve. Over time both parties found it increasingly difficult to meaningfully service the committee.

Issues: 10. In recent discussions with the Hapū on the possibility of re-activation of the committee and the agreement’s commitments, they raised the following issues:

x The Hapū are willing to re-convene a relationship consistent to the agreements objectives, but are cautious, siting that Council at did not communicate its actions and decisions well enough when negotiating the land and during the implementation of the agreement. The Hapū were expecting a ‘rangatira ki te rangatira’ relationship (elected members to elected members). They still have the same expectations.

x The Hapū also look to Council to support and assist them to achieve their aspirations in the same way as the hapū supported the Council with the bridge procurement, extending the coastal reserves and the coastal walkway.

11. Offficer’s note that while there is a dispute resolution process in the Agreement that the Hapū could have invoked early on, they have chosen not to do this.

Forum Structure 12. The Hapū members have indicated they would prefer an informal approach to the establishment of the committee. For this reason, it is proposed that a Partnership Forum be established. The Forum would not be a Committee in terms of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987. The Forum would meet as required, with support from officers to action items and for the elected members to monitor progress implementation. It is envisaged that this will be a working forum and a Terms of Reference can be developed directly from the wording in the Agreement. Officers believe that this structure provides more flexibility for achieving Hapū and Council aspirations.

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Item for Recommendation

Community Views and Preferences 13. The establishment of a Forum is an administrative matter and community views and preferences have not been sought.

14. It is noted that the Council and the Trust have previously entered into a legal 6 agreement. That Agreement states the aspirations of both parties. The Agreement states that the Council aspires to “allow general unimpeded public access to the coast through the Reserve.” The Agreement notes that “the Hapū and the Trust aspire to “use the Reserve for such other purposes as to serve the Hapū and the community at large”.

15. Establishment of the Forum is not expected to impinge on current uses of the Reserve.

SIGNIFICANCE AND ENGAGEMENT 16. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance as there are no financial or resourcing implications. While the matter impacts on the relationship of Māori with their ancestral land, the establishment of a Forum is an administrative matter to fulfil obligations previously made.

OPTIONS

Option 1 Establish the Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Forum) a) Financial and Resourcing Implications Resourcing of the Forum can be met within existing budgets. This includes both staff time and meeting allowances for the external appointees.

b) Risk Analysis There are no known risks associated with establishing the Forum.

c) Promotion or Achievement of Community Outcomes The work of the Forum will contribute to the People and Place community outcomes.

d) Statutory Responsibilities Establishment of the Forum will assist in delivering on the partnering agreement for the administration of the Te Rewa Rewa Reserve, as set out in the Agreement.

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Item for Recommendation

The Forum will also assist the Council in meeting it’s obligations under s81 of the LGA by providing for the establishment and maintenance of processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority 6 e) Consistency with Policies and Plans Establishment of the Forum gives effect to the “Māori Contribution to Decision-Making” section of the Long-Term Plan 2018-2028.

f) Participation by Māori This option has been proposed following consultation with representatives of Ngāti Tawhirikura Hapū.

g) Advantages and Disadvantages The advantage of this option is that it gives effect to an agreement entered into in 2007.

Option 2 Not establish the Ngāti-Tawhirikura A Hapū Trust – New Plymouth District Council Partnership Forum (the Forum) a) Financial and Resourcing Implications There are no financial and resourcing implications.

b) Risk Analysis Not establishing the Forum will run the risk of not meeting the Council’s obligations set out in the Agreement. This may result in the dispute process, set out in the Agreement, being invoked.

c) Promotion or Achievement of Community Outcomes This option does not contribute to the community outcomes.

d) Statutory Responsibilities Not establishing the Forum will require the Council to investigate other opportunities for meeting its obligations under the Agreement Regarding Rewa Rewa Reserve.

e) Consistency with Policies and Plans This option is not inconsistent with current policies and plans, however the Council would still need to fulfil its obligations under the Agreement and the Local Government Act 2002.

f) Participation by Māori This option is not favoured by Ngāti Tawhirikura Hapū.

g) Advantages and Disadvantages The disadvantage of this option is that it does not support the Agreement.

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Item for Recommendation

Recommended Option This report recommends Option 1 – Establish the Forum for addressing the matter. 6

APPENDICES Agreement Regarding Rewa Rewa Reserve (ECM7549767)

Report Details Prepared By: Aroha Chamberlain (Kaitakawaenga) Team: Iwi Relationships Team Approved Liam Hodgetts (General Manager Strategy) Ward/Community: District Wide Date: 20 August, 2918 File Reference: ECM 7805344

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116 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Te Rewa Rewa Agreement

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128 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Ngati Maru Settlement Report

Item for Recommendation

NGĀTI MARU TREATY SETTLEMENT

MATTER 1. The matter for consideration by the Council is whether to support changes to Crown-owned, Council-administered reserves to form part of the Ngāti Maru Treaty Settlement, being: 7

x Purangi Domain

x Tarata Domain

x The indigenous bush part of Tarata Cemetery that is not being used for cemetery purposes

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the matter be uplifted from the table and the Council:

a) Note that the Crown holds underlying title for Purangi Domain, Tarata Domain and Tarata Cemetery with the Council appointed as administering body under the Reserves Act 1977

b) Note that the Crown has identified Purangi Domain, Tarata Domain and the indigenous bush part of Tarata Cemetery as suitable for inclusion in the Ngāti Maru Treaty settlement and has sought support from the Council for inclusion in the settlement

Purangi Domain to be vested in Ngāti Maru outright

c) Supports the proposal to cancel vesting in Council at Purangi Domain (legally described as Section 2 Block II Ngatimaru Survey District), revoke reserve status and vest the estate in fee simple outright in Ngāti Maru

Tarata Domain to be vested in Ngāti Maru with NPDC as the administering body

d) Supports the proposal to vest the fee simple with Tarata reserve (legally described as Section 1 and 2 Tarata Village-recreation reserve; Section 58 & 59 Tarata Village-recreation reserve) in Ngāti Maru to be a reserve classified as “recreation reserve” and subject to Reserves Act provisions with the Council continuing as the administering body

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Item for Recommendation

Tarata Cemetery indigenous bush area to be classified as scenic reserve and be vested in Ngāti Maru

e) Supports the proposal to split Tarata Cemetery (legally described as Section 21 Block III Huiroa Survey District) into two parts:

i) Indigenous bush area that will not be used for cemetery 7 purposes – to vest the fee simple in Ngāti Maru and to be classified as “scenic reserve” and for Ngāti Maru to be the administering body of the reserve

ii) Cemetery area – status quo (to remain with NPDC as administering body with Crown reversionary title)

COMPLIANCE

Significance This matter is assessed as being of some importance. This report identifies and assesses the following reasonably practicable options for addressing the matter: Options 1. Supports the Crown’s proposed changes 2. Does not support the Crown’s proposed changes The persons who are affected by or interested in this Affected persons matter are Ngāti Maru, users of the parks and the wider Inglewood and New Plymouth Communities

This report recommends options 1 for addressing the Recommendation matter.

Long-Term Plan / Annual Plan No Implications

Significant An amendment to the Cemetery Reserve Management Plan Policy and Plan will be required in the future. Inconsistencies

EXECUTIVE SUMMARY 2. It is recommended that the Council support the Crown’s proposed changes at Purangi Domain, Tarata Domain and the indigenous bush part of Tarata Cemetery that will not be used for cemetery purposes.

3. The Crown and Te Rūnanga o Ngāti Maru Trust signing a deed of settlementsigned an agreement in principle for the historical Treaty of Waitangi claims of Ngāti Maru. This included an agreement to explore the transfer of the sites which are the subject of this report to Ngāti Maru through their Treaty

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Item for Recommendation

settlement. During negotiations, the Crown has identified Purangi Domain, Tarata Domain and the indigenous bush part of Tarata Cemetery as suitable for inclusion in the Ngāti Maru Treaty settlement and has sought support from the Council.

4. These changes are generally minor as the Crown holds underlying title for these reserves with the Council appointed as administering body under the Reserve 7 Act 1977. This approach has been used for a number of reserves throughout the country already. Purangi and the indigenous bush part of Tarata Cemetery have limited use for recreation purposes and through ownership in the Iwi can be further recognised for their cultural values. Tarata Domain will remain a recreation reserve that is administrated by the Council. Negotiations between the Crown and Ngāti Maru mean the Crown is able to meet their obligations under the historical Treaty of Waitangi claims. The Crown are seeking the support from the Council for the proposed reserve changes. These changes will be processed by the Crown through the Treaty settlement process and will be actioned through settlement legislation.

5. On 28 August 2018, the Council resolved to lie this report on the table until after the completion of a discussion between the Tarata community and Ngāti Maru. That discussion has now been held. There are no changes to the officer’s recommendation as a result of that meeting.

DISCUSSION

Ngāti Maru Settlement negotiations

6. Ngāti Maru, one of the eight iwi of Taranaki, is located to the east of Maunga Taranaki. Te Runanga o Ngāti Maru Trust has been recognised by the Crown as having the mandate to represent their people in historical Treaty settlement negotiations. Ngāti Maru are the last of the Taranaki Iwi to settle. The Ngāti Maru area of interest is 220,000 hectares, which overlaps a portion of the New Plymouth District Council area.

7. The Office of Treaty Settlements informed the Council in March 2017 that negotiations to settle the historical Treaty of Waitangi claims of Ngāti Maru hadve begun. The Crown and Te Rūnanga o Ngāti Maru Trust are negotiating working towards signing a deed of settlement for the historical Treaty of Waitangi claims of Ngāti Maru. They are now in the process of negotiating a Deed of Settlement.

8. The settlement includes a wide-range of commercial and cultural redress. Most of the affected Crown properties are in the Stratford district. However, a range of Crown properties in the New Plymouth district will be included, of which there are three with particular Council interests. Other properties being transferred have no particular Council interests.

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Item for Recommendation

9. During negotiations with the Crown, Te Runanga o Ngāti Maru Trust has expressed an interest in the availability of a number of Crown properties that the Council administers under the Reserves Act 1977 as settlement redress due to their long cultural association with these particular sites. The location of these sites are attached in Appendix 1. Staff have worked with the Office of Treaty Settlements as part of this process. 7

10. The Crown has sought the support of the Council for these changes. Staff recommend the Council support these proposals.

Outcome of community meeting

11. A community meeting was held in the Tarata community on the evening of 4 September 2018. Approximately 25 people attended including Ngāti Maru and Council representatives. The meeting was chaired by local resident Mr Bryan Hocken.

12. Council officers gave a short presentation on the land being negotiated and the process to date. Mr Anaru Marshall, on behalf of Ngāti Maru spoke about the settlement process and the iwi’s ongoing interest and commitment to the Tarata community.

13. The meeting was positive with community questions focussed mostly around the future use of the school and the impacts on Tarata Cemetery. All questions were comprehensively answered.

Crown owned, NPDC administered sites

Site Settlement Process Purangi Domain This is an area of four hectares After consultation with the Office of Treaty comprising mainly of a bush area Settlement, Council officers support the with some exotic trees and an area following actions for the Purangi Domain. of grazed pasture. The Domain was set aside in 1903 through gazette - Cancel vesting in Council notice. The area has strong historic - Revoke the reservation under Section connection with Ngāti Maru Iwi. The 24(1) of Reserve Act 1977 (becomes Purangi area has a number of Crown land subject to Land Act 1948) significant sites all in close proximity - Vest the estate in fee simple outright to each other. For more information in Iwi regarding the reserve refer to Appendix 2. This would mean that the public reserve ceases and it becomes private freehold land owned by the iwi. Council officers have agreed this is the best approach for this land as it currently has no current or likely future use by the public for recreation purposes.

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Item for Recommendation

Tarata Domain After consultation with the Office of Treaty Comprising of 4.9 hectares is located Settlements, Council officers support the on the eastern bank of the Waitara following actions for the Tarata Domain River in Tarata Village. The domain has high amenity qualities due to the - Vest the fee simple in Iwi thoughtful selection and spacing of - Classified as recreation reserve under 7 ornamental trees, the provision of Section 17 of Reserve Act 1977 open space and the adjacent river. - Subject to Legislative Reserve Act The domain was set aside as a provisions reserve for recreation purposes in - NPDC would continue to be the 1888. The domain is owned by the administering body Crown and is administered by Council. The Tarata Domain would remain a recreation reserve under the Reserve Act Officers have contacted the Office of 1977 where the public would still have access Treaty Settlements and Ngāti Maru to the reserve. The proposed changes would to confirm if there has been any mean the land is now owned by Iwi but the formal conversations with the Tarata Council continues to be the administered community regarding the intent to body. change the ownership of the domain. No formal meetings have This is the same classification and process occurred, however officers used for a number of reserves in the district. understand that informal This includes the Urenui and Onaero conversations have been held with Domains (Ngāti Mutunga), and the proposed some community members. Officers status for a number of reserves in Waitara are continuing to pursue clarity on under the New Plymouth District Council the extent of discussions that have (Waitara Lands) Bill. been held with the community of Tarata. In short, there would be very little or no impact on the day-to-day use of the Tarata Domain.

The indigenous bush part of Tarata Approves the proposal to remove Tarata Cemetery that will not be used for Cemetery status (legally described as Section cemetery purposes 21 Block III Huiroa Survey District) and change the reserve classification of the The cemetery’s boundary includes indigenous bush area (under Section 24(1) an unformed legal road (Wiri Road) RA) to “scenic reserve” purposes subject to that lies parallel to the Waitara River the provisions of 19(1) (a) (2) Reserves Act on the north and western 1977 and vest the estate in fee simple in Iwi boundaries. Other boundaries are to who are to be the administering body of the neighbouring farmland. Access to reserve- Legislative Reserve Act provisions to the cemetery is along a driveway apply. Subject to: over the unformed Wiri Road which joins Tarata Road, just east of Tarata Village.

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Item for Recommendation

i) The main cemetery reserve will This reserve is within the tribal rohe remain with Council as administering and of historic and cultural body with Crown reversionary title. significance to Ngāti Maru Iwi with waahi taonga sites in proximity. ii) Subject to survey of the bush and the issuing of new titles following the Tarata Cemetery is managed as settlement legislation 7 three distinct areas: x A burial area iii) Ngāti Maru will need to prepare a x A grazing area Management Plan for the x A bush area scenic reserve as required under the Reserve Act 1977.

iv) Note that Council will be required to amend the Cemeteries Management Plan for the next review in 2022.

The indigenous bush area to be transferred has no known burial plots in it. That area will never be used for cemetery purposes. The estimated life of the existing cemetery is 42 years.

SIGNIFICANCE AND ENGAGEMENT 14. In accordance with Council’s Significant and Engagement Policy, this matter has been assessed as being of some importance. The Significance and Engagement Policy notes that there may be situations where seeking community input into decision-making is not appropriate, including where “The Council is advocating a position, or submitting to, another organisation and the Council is not the ultimate decision-maker”. As this is a Crown decision, on Crown-owned property, the Crown is consulting with the Council and staff do

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Item for Recommendation

not recommend community consultation. Community consultation can occur through the Treaty settlement legislation process.

OPTIONS The following reasonably practicable options for addressing the matter have been assessed: 7

Option 1 Support the Crown’s proposals

a) Financial and Resourcing Implications There are two very minor financial implications: x The Council will lose grazing revenue from Purangi Domain of approximately $50 per annum. The lease has now expired. x As the properties are Crown-owned, any disposal through standard (non-settlement) processes would be subject to Crown policy of the time. At present, Crown policy is that local authorities can claim up to 50 per cent of the net proceeds. The Council could therefore have received up to approximately $10,000 for Purangi Domain and part of Tarata Cemetery under that policy. This is lost potential future revenue.

b) Risk Analysis There is a small risk that the Tarata/Purangi communities will have insufficient green space or cemetery space. However, Tarata Domain remains recreation reserve, and Tarata cemetery continues to have space sufficient for an estimated 42 years. Further, Ngāti Maru are committed to their rohe.

c) Promotion or Achievement of Community Outcomes PEOPLE/He Tangata: Putting people first: Ngāti Maru has expressed an interest in the proposed reserves due to their long cultural association with these particular sites. By supporting the proposed changes, Council will be supporting Iwi interests.

PLACE/Tiakina: Caring for our place: Ngāti Maru have cultural association with these proposed reserves. By owning the proposed reserves it means they can be recognised for their cultural values.

PROSPERITY/Āwhina: Supporting a prosperous community: By supporting Ngāti Maru in their Treaty settlement process.

d) Statutory Responsibilities The Council is the administering body under the Reserves Act 1977 for these three sites. The changes will be implemented through settlement legislation.

e) Consistency with Policies and Plans The Cemeteries Management Plan will need to be amended as a result of this proposal.

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Item for Recommendation

f) Participation by Māori Ngāti Maru have been working with the Crown and Council staff on these proposals.

g) Community Views and Preferences The proposed reserve changes have been progressed by the Crown through 7 the Treaty settlement process. This will require the Crown to initiate consultation with the public.

h) Advantages and Disadvantages This option supports the settlement of Ngāti Maru. It is a small way for the Council to contribute to the final iwi Treaty settlement in the region.

Option 2 Do not support the Crown’s proposals

a) Financial and Resourcing Implications There are no financial implications with not supporting the proposal.

b) Risk Analysis The Crown is the ultimate owner of these properties. It has the right to determine how it uses its own properties. It also has the ability to enact legislation regardless of the views of the Council. Therefore, even if the Council choose this option, the Crown may still proceed.

c) Promotion or Achievement of Community Outcomes PEOPLE/He Tangata: Putting people first: This option will not support Ngāti Maru interest in the proposed reserves.

PLACE/Tiakina: Caring for our place: These reserves have been identified due to their cultural values. Failing to support this proposed changes may fail to recognise these values for the Iwi.

PROSPERITY/Āwhina: Supporting a prosperous community: Not supporting the proposal will not be consistent with Ngāti Maru Treaty settlement proposal.

d) Statutory Responsibilities The changes will be implemented through settlement legislation and even if the Council choose this option, the Crown can implement legislation to proceed.

e) Consistency with Policies and Plans Inconsistence with Cemetery Reserve Management Plan for Tarata Cemetery.

f) Participation by Māori Ngāti Maru have been working with the Crown and Council staff on these proposals.

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Item for Recommendation

g) Community Views and Preferences The proposed reserve changes have been progressed by the Crown through the Treaty settlement process. This will require the Crown to initiate consultation with the public.

h) Advantages and Disadvantages There is little advantage in not supporting the proposal. The Crown is the 7 ultimate owner of these properties. It has the right to determine how it uses its own properties. It also has the ability to enact legislation regardless of the views of the Council.

Recommended Option This report recommends Option 1, support the Crown’s proposed changes

APPENDICES Appendix One Map of domains and reserves- ECM: 7768093 Appendix Two Information on reserves- ECM: 7768094

Report Details Prepared By: Kelsi Bolstad (Reserve planner) Team: Strategy Approved By: Liam Hodgetts (Group Manager- Strategy) Ward/Community: District wide Date: 5 September 2018 File Reference: ECM 7768150

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Purangi Domain 7.1

Stratford boundary (yellow line)

Tarata Domain and Tarata Cemetery

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Appendix 2: Purangi Domain

7.2

An area of four hecates comprising mainly of a bush area with some exotic trees and an area of grazed pasture. The land contour is that of a peak, descending to the Waitara River to the west and east. There are unformed paper roads to the west, south and east and private farmland to the north.

The domain was set aside in 1903 through gazette notice. A Domain Board was set up to control and manage the site. The Inglewood Country Council were appointed the domain board in 1945. The domain was classified as a recreation reserve through gazette notice 13 December 1984. As the Council was appointed Domain Board prior to 1980, the domain is vested in Council through section 26A of the Reserve Act 1977.

In 1963 a 33 year lease was assigned to LHR George over the domain. The Council in 1965 conceded that the “existing domain is not sutiable for sports and recreation, the Council resolved to retain the area as a “district assets”. The Council in 1960s investigated purchasing a flat site for recreation purposes but could not find a willing seller.

Pits are recorded in the waahi tapu section of the District Plan on the unformed Willow Terrace adjacent to the domain. Mangahau Pa and a kainga are located at the end of Purangi Terrace adjacent to Tapu Road (both unformed legal roads) and recorded in the District Plan.

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Tarata Domain

7.2

Tarata Domain comprising of 4.9 hectares is located on the eastern bank of the Waitara River in Tarata Village. The domain has high amenity qualities due to the thoughtful selection and spacing of ornamental trees, the provision of open space and the adjacent river. There are two public toilets at the domain. New tennis courts were built in 2015 adjacent to the Tarata Hall replacing the older courts. The older courts, which along with the associated high fencing that were located near the toilet buildings, have been removed.

The southern end of the domain is separated from the larger domain area by an avenue of trees. The southern area is closest to the Tarata Hall and is the area of the former rugby fields.

The domain was set aside as a reserve for recreation purposes in 1888. In 1979 the domain was classified as a recreation reserve under the Reserve Act. In 1982 the Tarata Domain Board appointment to control and manage the reserve was revoked and the reserve was then vested in trust in the Inglewood County Council, then through local body amalgamation in 1989 that vestment came to NPDC. Although no longer the administrating body of the domain (from 1982), the Domain Board continued to actively manage the domain, a relationship that continued from Inglewood County Council days through to NPDC until 2007, when the Tarata Domain Board notified that they had resolved to disband the board (10/07/2007) and that the operation of the Tarata Domain be transferred to the Council.

There were tennis, bowling and rugby clubs operating at the domain. The honours boards of these clubs are located in the nearby Tarata Hall

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Tarata Cemetery

7.2

The cemetery’s boundary includes an unformed legal road (Wiri Road) that lies parallel to the Waitara River on the north and western boundaries. Other boundaries are with neighbouring farmland. Access to the cemetery is along a driveway over the unformed Wiri Road which joins Tarata Road, just east of Tarata Village. This reserve is within the tribal rohe and of historic and cultural significance to Ngāti Maru Iwi

In August 1888 a gazette notice recorded that Governor Jervois, pursuant to Section 227 of Land Act 1885 reserved Section 21, Block III Huiroa District for the purpose of a cemetery; an area of five acres. In December 1930, Governor-General Bledisloe by way of a gazette notice pursuant to Section 55 of the Cemeteries Act 1908, appointed the Inglewood County Council as Trustees of the Tarata Cemetery, being Section 21, Block III Huiroa District.

Certificate of title TN137/118 notes Section 21 as a cemetery, vested in the New Plymouth District Council. The underlying title to the land remains with the Crown.

The first recorded burial at Tarata Cemetery is in November 1894. The Cemetery was controlled and managed by Crown appointed trustees until 1930, when the Inglewood County council was appointed trustees of the cemetery.

The cemetery has a holly that is a notable tree protected under the District plan. The holly is a commemorative planting to an unknown bushman who died in the early 1900s after a tree being felled split and killed him. To notify the police would have meant a day trip to Inglewood so the body was buried in Tarata Cemetery. Godfrey Smith planted the holly, which he found growing on the banks of the Waitara River, on the unknown person’s grave.

Tarata Cemetery is listed in the District plan as a heritage site, Category B

On the opposite bank of the Waitara River is located Kerikeringa Pa, listed as waahi tapu 575 in the District Plan.

141 Te Huinga Taumatua - Agenda (13 September 2018) - Recommendation - Ngati Maru Settlement Report

Tarata Cemetery is managed as three distinct areas: 1. A burial area 2. A grazing area 3. A bush area

The burial area is mown, the grassed area outside of the burial area is grazed and the large bush area is self-maintained.

Management objectives and special policy under the Cemetery Reserve Management Plan 7.2 - This cemetery is managed as an open cemetery and nature bush reserve - The developed burial area will continued to be used for interments until it reaches capacity. - At capacity a portion of the grazed area beyond the burial area will be developed for further burials. - The bush area which comprised nearly three quarters of the reserve will be retained as bush.

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