File No: 01-15-010\25

$File No: 01-15-010\25$

1 Council meeting RDC-910686 2 May 2019 File No: 01-15-010\25

NOTICE OF A MEETING OF COUNCIL

to be held on Thursday, 2 May 2019 at 9.30am in the Council Chamber, Rotorua Lakes Council

Chairperson: Mayor Chadwick

Members: Cr Donaldson (Deputy) Cr Bentley Cr Gould Cr Hunt Cr Kent Cr Kumar Cr Maxwell Cr Raukawa-Tait Cr Sturt Cr Tapsell

Quorum: 6

A G E N D A

1. KARAKIA WHAKAPUAKI OPENING KARAKIA

2. NGĀ WHAKAPAAHA APOLOGIES

3. WHAKAPUAKITANGA WHAIPĀNGA DECLARATIONS OF INTEREST

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a member thinks they may have a conflict of interest, they can seek advice from the Chief Executive or the Corporate Planning & Governance Manager (preferably before the meeting). It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member. 2 Council meeting RDC-910686 2 May 2019

4. NGĀ TAKE WHAWHATI TATA KĀORE I TE RĀRANGI TAKE URGENT ITEMS NOT ON THE AGENDA

Section 46A of the Local Government Official Information and Meetings Act 1987 states: (7) An item that is not on the agenda for a meeting may be dealt with at the meeting if – (a) the local authority by resolution so decides, and (b) the presiding member explains at the meeting at a time when it is open to the public, - (i) the reason why the item is not on the agenda; and (ii) the reason why the discussion of the item cannot be delayed until a subsequent meeting.

(7A) Where an item is not on the agenda for a meeting, - (a) that item may be discussed at the meeting if – (i) that item is a minor matter relating to the general business of the local authority; and (ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but (b) No resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.

Page 5. NGĀ MENETI O NGĀ HUI KAUNIHERA MINUTES OF COUNCIL MEETING/S

5.1 Council meeting – 28 March 2019...... 8 5.2 Council hearing – 10 April 2019...... 14 5.2 Council meeting – 11 April 2019 ...... 17 5.3 Release of confidential items ...... 20

6. NGĀ TAUNAKITANGA A ĒTAHI ATU KOMITI RECOMMENDATIONS FROM OTHER COMMITTEES

6.1 Recommendations from other committees …...... 23

7. PŪRONGO KAIMAHI STAFF REPORTS

RECOMMENDATION 1 Adoption of the Rotorua District Council Traffic Bylaw ...... 76 RECOMMENDATION 2 Deliberations Report – East Rotoiti/Rotomā Sewerage Scheme Objections to Install a Step System within Properties at Lake Rotoma…109

3 Council meeting RDC-910686 2 May 2019

8. KA MATATAPU TE WHAKATAUNGA I TE TŪMATANUI RESOLUTION TO GO INTO PUBLIC EXCLUDED (to consider and adopt confidential items)

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987, for the passing of this resolution are as follows:

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

CONFIDENTIAL MINUTES of previous Please refer to the relevant Good reason for meeting held 28 March 2019 clause/s in the open meeting withholding exists minutes. under Section 48(1)(a). RECOMMENDATIONS FROM OTHER Enable any local authority holding Section 48(1)(a) COMMITTEES the information to carry on, Section 7(2)(i) Request to approve purchase of land without prejudice or along Rotorua Eastern Arterial alignment disadvantage, negotiations (including commercial and industrial negotiations). RECOMMENDATIONS FROM OTHER Protect information where the Section 48(1)(a) COMMITTEES making available of the Section 7(2)(b)(ii) Fee increase – Waikite Valley Thermal information would be likely Pools Springs ‘n’ Spa unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. RECOMMENDATION 3: Protect information where Section 48(1)(a) Six monthly review of governance risk making available would be likely Section 7(2)(c)(ii) register otherwise to damage the public interest.

Prevent the disclosure or use of Section 48(1)(a) official information for improper Section 7(2)(j) gain or improper advantage.

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above (in brackets) with respect to each item.

9. NGĀ TAKE MATATAPU CONFIDENTIAL ITEMS

9.1 Confidential minutes of Council meeting held 28 March 2019 ...... C168

9.2 Recommendations from other committees (confidential items) ...... C172 4 Council meeting RDC-910686 2 May 2019

9.3 Staff reports (cont.) RECOMMENDATION 3: Six monthly review of governance risk register ...... C177

Rotorua Lakes Council is the operating name of Rotorua District Council. 5 Council meeting RDC-910686 2 May 2019

NGĀ TUKUNGA HAEPAPA A TE KAUNIHERA COUNCIL DELEGATIONS

Type of Committee Council Subordinate to Subordinate  Strategy, Policy and Finance committee Committees  Operations and Monitoring committee  District Licencing committee  CEO performance committee  RMA Policy Committee  Audit and Risk Committee  Working /Strategy Groups (People, Sustainable living, Creative communities, District Revitalisation, Sustainable Economic Development Strategy, Sports and Recreation) Legislative Basis Schedule 7 S30 (1) (A), Local Government Act 2002 Committee delegated powers by the Council as per Schedule 7, S32, Local Government Act 2002 Purpose The purpose of the Council is to make decisions on all matters that cannot be delegated, that it has not delegated or that it has had referred to it by staff or a committee. Reference 01-15-010 Membership Mayor (Chair) Deputy Mayor (Deputy Chair) All councillors Quorum 6 Meeting frequency Monthly Delegations  the power to make a rate  the power to make a bylaw  the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-term Plan  the power to adopt a long-term plan, annual plan, or annual report  the power to appoint a chief executive  the power to adopt policies required to be adopted ad consulted on under the LGA 2002 in association with the long-term plan, or developed for the purpose of the local governance statement; and  the power to adopt a remuneration and employment policy  the power to set and support strategies in measures related to emergency matters.  all the powers, duties and discretions under the Civil Defence Act for the proper operation and administration of the approved Civil Defence Plan; such delegation to be executed solely within the 6 Council meeting RDC-910686 2 May 2019 defined policy guidelines as determined from time to time by the Council and subject to the Financial limits imposed by the approved Council estimates. Relevant Statutes All the duties and responsibilities listed above must be carried out in accordance with the relevant legislation. Limits to Delegations Powers that cannot be delegated to committees a per the Local Government Act 2002 Schedule 7 S32

MINUTES OF COUNCIL MEETINGS 1/1 8 Council meeting RDC-910686 2 May 2019

RDC-905151 ROTORUA LAKES COUNCIL

Minutes Council meeting held Thursday, 28 March 2019 at 9.30am in the Council Chamber, Rotorua Lakes Council

MEMBERS PRESENT: Mayor Chadwick (Chairperson) Cr Bentley, Cr Donaldson (Deputy Mayor), Cr Gould, Cr Hunt, Cr Kent, Cr Kumar, Cr Maxwell, Cr Raukawa-Tait, Cr Sturt, Cr Tapsell

APOLOGIES: None

IN ATTENDANCE: S Trumper, Rural Community Board P Thomass, Lakes Community Board

STAFF PRESENT: G Williams, Chief Executive; G Rangi, Manahautū Maori; J-P Gaston, Group Manager Strategy; H Weston, Group Manager Operations; T Collé, CFO/ Group Manager Business Support; S Michael, General Manager Infrastructure; C Tiriana, Manager CE’s Office; O Hopkins, Manager Corporate Planning & Governance; J Ward, Manager Planning & Development Solutions (part); K Dahm, Team Lead Planning; I Tiriana, Council Communications Manager; R Dunn, Governance Lead; C Peden, Governance Support Advisor.

Mayor Chadwick welcomed councillors, members of the public, media and staff to the Council meeting.

1. KARAKIA WHAKAPUAKI OPENING KARAKIA

Cr Hunt opened the meeting with a karakia, followed by a 1-minute silence to remember those who had lost their lives in the recent mosque attack in Christchurch.

At the chair’s request, Cr Donaldson displayed a NZ Event Association Awards trophy for the ‘Best sporting event in 2018’. This had been presented to Crankworx 2018 in association with Rotorua Lakes Council.

2. NGĀ WHAKAPAAHA APOLOGIES

An apology from Cr Maxwell (for lateness) was noted.

3. WHAKAPUAKITANGA WHAIPĀNGA DECLARATIONS OF INTEREST

Cr Donaldson declared an interest and advised he would leave the meeting during discussion of the Crankworx item. 1/1 9 Council meeting RDC-910686 2 May 2019

ATTENDANCE: Cr Kumar joined the meeting at 9.38am.

4. NGĀ TAKE WHAWHATI TATA KĀORE I TE RĀRANGI TAKE URGENT ITEMS NOT ON THE AGENDA

None.

5. TE WHAKAŪ I NGĀ MENETI CONFIRMATION OF COUNCIL MINUTES

5.1 Council meeting – 28 February 2019

Resolved

That the minutes of the Council meeting held 28 February 2019 be confirmed as true and correct.

Cr Kent/Cr Gould CARRIED

5.2 Release of confidential items

Resolved

That the report ‘Release of confidential items’ be received.

Cr Sturt/Cr Tapsell CARRIED

6. NGĀ TAUNAKITANGA A ĒTAHI ATU KOMITI RECOMMENDATIONS FROM OTHER COMMITTEES

Resolved

1. That the report “Recommendations from other committees” be received.

Cr Hunt/Cr Kent CARRIED

ATTENDANCE: Cr Maxwell joined the meeting at 9.41am.

Further resolved:

2. That the following recommendations of the Strategy Policy & Finance Committee meeting held 14 March 2019 be adopted:

1/1 10 Council meeting RDC-910686 2 May 2019

Recommendation 1 DRAFT HANNAHS BAY/WAIKAWAU RESERVE MANAGEMENT PLAN 64-48-011-01 1. That the Committee recommends to Council that the Draft Hannahs Bay/Waikawau Reserve Management Plan be approved for public consultation pursuant to Section 41(6) of the Reserves Act 1977.

2. That the Committee recommends to Council that the following members are appointed to hear submissions and make recommendations to Council on the Draft Hannahs Bay/Waikawau Reserve Management Plan:

 Cr Sturt

 Mr Eugene Berryman-Kamp

 Mr Phill Thomass

 Cr Tapsell

 Cr Hunt

Cr Donaldson/Cr Kent C19/03/006 CARRIED

3. That the following recommendations of the Resource Management Act Policy Committee meeting held 14 March 2019 be adopted, with minor amendments as outlined in the report:

Recommendation 1 REPORT ON NOTIFICATION OF PLAN CHANGE 2: PUKEHANGI AND THE USE OF THE STREAMLINED PLAN CHANGE PROCESS 69-06-028-06

Henry Weston and Kate Dahm spoke to a Powerpoint presentation (Attachment 1a).

A replacement page 18 was tabled (Attachment 1b).

Resolved: 1. That the report: Notification of Plan Change 2: Pukehangi and the use of the Streamlined Plan Change Process be received.

2. A. That the Council approves that an application be made to the Minister for the Environment to use the Streamlined Plan Change Process for Plan Change 2: Pukehangi Heights.

3. That Council agrees that any final changes that are not substantive in nature to the proposed Plan Change prior to notification be made by the RMA Policy Committee after consideration of: 1/1 11 Council meeting RDC-910686 2 May 2019

a. the reports on stormwater;

b. the Cultural Impact Assessment and Archaeological Assessment; and

c. any additional reports or information received.

Cr Donaldson/Cr Sturt C19/03/007 CARRIED Cr Gould requested that his abstention from voting be recorded.

7. PŪRONGO KAIMAHI STAFF REPORTS

7.1 RECOMMENDATION 1: Local Government New Zealand (LGNZ) Conference 2019 01-15-010\25

Resolved

1. That the report “Local Government New Zealand (LGNZ) Conference 2019” be received.

Cr Raukawa-Tait/Cr Sturt CARRIED

2. That Council determines that Cr Gould and Cr Raukawa-Tait attend the 2019 Local Government New Zealand (LGNZ) conference.

Cr Donaldson/Cr Sturt C19/03/008 CARRIED

8. KA MATATAPU TE WHAKATAUNGA I TE TŪMATANUI RESOLUTION TO GO INTO PUBLIC EXCLUDED

Resolved

That Council move into public excluded session.

Cr Tapsell/Cr Hunt CARRIED

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

CONFIDENTIAL MINUTES of previous Please refer to the relevant clause/s Good reason for meeting held 28 February 2019 in the open meeting minutes. withholding exists under Section 48(1)(a). RECOMMENDATIONS FROM OTHER Enable any local authority holding Section 48(1)(a) COMMITTEES the information to carry on, without Section 7(2)(i) prejudice or disadvantage, Disposal of Council owned property negotiations (including commercial and industrial negotiations). Enable any local authority holding Section 48(1)(a) the information to carry out, without Section 7(2)(h) prejudice or disadvantage, commercial activities. RECOMMENDATIONS FROM OTHER Enable any local authority holding Section 48(1)(a) COMMITTEES the information to carry on, without Section 7(2)(i) prejudice or disadvantage, Concept design for Sir Howard negotiations (including commercial Morrison Performing Arts Centre and industrial negotiations).

RECOMMENDATIONS FROM OTHER Enable any local authority holding Section 48(1)(a) COMMITTEES the information to carry on, without Section 7(2)(i) Crankworx support prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

RECOMMENDATION 2: Protect the privacy of natural Section 48(1)(a) Nomination to recruit to the persons. Section 7(2)(a) “Recovery Manager Civil Defence” position within Rotorua Lakes Council incident management team

RECOMMENDATION 3: Enable any local authority holding Section 48(1)(a) Extension of Contract 16/001 – the information to carry on, without Section 7(2)(i) removal and beneficial re-use of prejudice or disadvantage, sewage sludge 2016 negotiations (including commercial and industrial negotiations).

1/1 13 Council meeting RDC-910686 2 May 2019

The meeting adjourned at 10.58am and reconvened at 11.01am

ATTENDANCE: Cr Donaldson left the meeting at 10.58am.

OPEN SESSION

______

The meeting closed at 11.48am ______

To be confirmed at a Council meeting on 2 May 2019

……………………………….……………..

Mayor

Note 1: Rotorua Lakes Council is the operating name of Rotorua District Council Note 2: Attachments to these minutes are available on request or on Council’s website www.rotorualc.nz

1/1 14 Council meeting RDC-910686 2 May 2019

85-08-502-01 RDC-910413 ROTORUA LAKES COUNCIL

Minutes Council hearing Rotoiti/Rotoma Sewerage Scheme – Approval to Install STEP System into Properties at Rotoma held Wednesday, 10 April 2019 at 3.00pm in the Council Chamber, Rotorua Lakes Council

PRESENT: Mayor Chadwick (Chairperson) Cr Donaldson, Cr Bentley, Cr Gould, Cr Hunt & Cr Maxwell

APOLOGIES: Cr Kent, Cr Raukawa-Tait, Cr Sturt & Cr Tapsell (Council business)

NO ATTENDANCE: Cr Kumar

OFFICERS PRESENT: G Williams, Chief Executive; S Michael, General Manage Infrastructure; O Hopkins, Governance & Partnership Manager; G Manzano, Infrastructure Planning Manager & R Dunn, Governance Lead.

The Chairperson welcomed members, submitters and staff to the hearing.

1. APOLOGIES

Resolved:

That the apologies from Cr Kent, Cr Raukawa-Tait, Cr Sturt & Cr Tapsell (Council business) be accepted. Cr Bentley/Cr Gould CARRIED

2. DECLARATIONS OF INTEREST

None. 1/1 15 Council meeting RDC-910686 2 May 2019

3. STAFF REPORT

RECOMMENDATION 1: Hearing on “Rotoiti/Rotoma Sewerage Scheme – Approval to Install STEP System into Properties at Rotoma”

Resolved

That the report titled “Hearing on Rotoiti/Rotoma Sewerage Scheme – Approval to Install STEP System into Properties at Rotoma” be received.

Cr Donaldson/Cr Gould CARRIED C19/04/14

4. HEARING OF SUBMITTERS

Submitters were invited to speak, as summarised on Attachment 1.

______

Hearing closed at 3:50pm ______

Confirmed at the Council meeting on 2 May 2019

…………..……………………….. Chair

Rotorua Lakes Council is the operating name of Rotorua District Council

1/1 16 Council meeting RDC-910686 Attachment 1 2 May 2019

2. HEARING OF SUBMITTERS

Time Submitter Summary of comments 3:15pm Suzanne Cammell Su Cammell highlighted the following points:  Leaseholder not a landowner.  No objection to the scheme as water quality is important but she opposed being asked to pay for works when the cost is uncertain and has changed over time.  She questioned the accuracy of the information the scheme is based on e.g. 400 occupied houses.  She stated her lack of confidence in the design and costing.  The targeted rate should not be imposed until the scheme is operative. 3:30pm Mark Hughes Mark Hughes highlighted the following points;  Leaseholder.  He doesn’t disagree that the systems need upgrading but disagrees with the cost for many retired / part time occupiers.  He questioned the ability for the Council to charge interest as it is not a registered financial entity.  He also questioned why sewerage is covered in general rates in the urban area but there is a targeted rate in the lakes area. 3:40pm Pam Takiwa Pam Takiwa highlighted the following points;  Leaseholder.  Cost is the key issue – she suggested the landowner should pay as well. 3:43pm Victor Jenkins Victor Jenkins highlighted the following points;  Cost is the key concern.  Complying systems should not have to be replaced.  Pollution from domestic septic tanks needs to be confirmed.

Note 1: Rotorua Lakes Council is the operating name of Rotorua District Council Note 2: Attachments to the previous minutes are available on request or on Council’s website www.rotorualc.nz 1/1 17 Council meeting RDC-910686 2 May 2019

RDC-908325 ROTORUA LAKES COUNCIL

Minutes Council meeting held Thursday, 11 April 2019 at 1pm in the Council Chamber, Rotorua Lakes Council

MEMBERS PRESENT: Mayor Chadwick (Chairperson) Cr Bentley, Cr Donaldson (Deputy Mayor), Cr Gould, Cr Hunt, Cr Kent, Cr Kumar, Cr Maxwell, Cr Raukawa-Tait; Cr Sturt

APOLOGIES:

COUNCIL BUSINESS: Cr Tapsell

STAFF PRESENT: G Williams, Chief Executive; J-P Gaston, Group Manager Strategy; H Weston, Group Manager Operations; T Collé, CFO/ Group Manager Business Support; S Michael, General Manager Infrastructure; C Tiriana, Manager CE’s Office; O Hopkins, Manager Corporate Planning & Governance; I Tiriana, Council Communications Manager; R Dunn, Governance Lead; H King, Governance Support Advisor.

Mayor Chadwick welcomed councillors, members of the public, media and staff to the Council meeting.

1. KARAKIA WHAKAPUAKI OPENING KARAKIA

Cr Bentley opened the meeting with the Council prayer.

2. NGĀ WHAKAPAAHA APOLOGIES None

3. WHAKAPUAKITANGA WHAIPĀNGA DECLARATIONS OF INTEREST

4. NGĀ TAKE WHAWHATI TATA KĀORE I TE RĀRANGI TAKE URGENT ITEMS NOT ON THE AGENDA

None.

1/1 18 Council meeting RDC-910686 2 May 2019

5. PŪRONGO KAIMAHI STAFF REPORTS

5.1 RECOMMENDATION 1: Approve 2019/20 Annual Plan – Information/Consultation Document for public consultation be received

Resolved:

1. That the report Approve 2019/20 Annual Plan – Information/consultation document for public consultation be received. Cr Hunt/Cr Bentley CARRIED

2. That Council approve the information/consultation document for the Annual Plan 2019/20 for public consultation.

Cr Raukawa-Tait/Cr Hunt CARRIED C19/04/15

1/1 19 Council meeting RDC-910686 2 May 2019

RELEASE OF CONFIDENTIAL ITEMS 1/3 20 Council meeting RDC-910686 2 May 2019

File No: 01-15-010\25-01 ROTORUA LAKES COUNCIL

Mayor Members COUNCIL

RELEASE OF CONFIDENTIAL ITEMS

Report prepared by: Hilda King, Governance Support Advisor Report reviewed by: Oonagh Hopkins, Corporate Planning & Governance Manager Report approved by: Henry Weston, Group Manager Operations

1. PURPOSE

The purpose of this report is to provide an update on any confidential items which have been released since the previous meeting.

2. RECOMMENDATION

That the report ‘Release of confidential items’ be received.

3. BACKGROUND

3.1 Council’s Standing Orders, Clause 17.5 ‘Release of information from public excluded’ states:

“A local authority may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition the chief executive may release information which has been considered at a meeting from which the public has been excluded where it is determined the grounds to withhold the information no longer exist. The chief executive will inform the subsequent meeting of the nature of the information released.” 1/3 21 Council meeting RDC-910686 2 May 2019

4. SUMMARY OF RELEASED ITEMS

Item Meeting/s O&M 7/03/19 for A. Crankworx Rotorua 2019 support recommendation to Council 28 March 2019

5. DECISIONS RELEASED (RELATING TO THE ABOVE TABLE)

5.1 Crankworx Rotorua 2019 support

That Mountain Bike Events Limited receive an additional $75,000 funding support for the 2019 Crankworx Rotorua event to bring it back into line with funding levels in 2015-2017.

1/3 22 Council meeting Doc No.: date

RECOMMENDATIONS FROM OTHER COMMITTEES 1/3 23 Council meeting RDC-910686 2 May 2019

Rdc-910670 ROTORUA LAKES COUNCIL

The Mayor Members COUNCIL

RECOMMENDATIONS FROM OTHER COMMITTEES

Report prepared by: Hilda King, Governance Support Advisor Report reviewed by: Oonagh Hopkins, Corporate Planning & Governance Manager Report approved by: Henry Weston, Group Manager Operations

1. TE PŪTAKE PURPOSE

The purpose of this report is to provide an opportunity for members to consider recommendations received from other committees.

2. NGĀ TŪTOHUNGA RECOMMENDATIONS

1. That the report “Recommendations from other committees” be received.

2. That the following recommendations of the Operations & Monitoring Committee meeting held 4 April 2019 be adopted:

Recommendation 1

CYWAYS ROTORUA UPDATE RDC-900021

1. That Council approves that the general functionality of the CBD transport network be reviewed and that the green door be de-mobilised as soon as practicable.

3. That the following recommendations of the Strategy Policy & Finance Committee meeting held 11 April 2019 be adopted:

Recommendation 2

ELECTION AND COMMUNICATIONS PROTOCOLS FOR ELECTED MEMBERS RDC-905279

1. That Council adopt the election and communication protocols for elected members (Attachment 1)

1/3 24 Council meeting RDC-910686 2 May 2019 Recommendation 3

ASSESSMENT OF WATER AND SANITARY SERVICES RDC-905199

2. That Council adopt the “ Assessment of Water and Sanitary Services 2019” (Attachment 2).

3. TE TĀHUHU BACKGROUND

Reports relating to the above recommendations were included in the agenda for the Operations & Monitoring Committee held 4 April 2019 and the Strategy, Policy & Finance Committee meeting held 11 April 2019. These agenda are available for viewing on Council’s website under the following link:

http://www.rdc.govt.nz/our-council/agendas-and-minutes

4. NGĀ APITIHANGA ATTACHMENTS

Attachment 1: Election and communications protocols for elected members (RDC-905279) Attachment 2: Assessment of Water and Sanitary Services 2019 (RDC-814601)

1/3 25 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019 ELECTION AND COMMUNICATION PROTOCOLS FOR ELECTED MEMBERS

Context

Local government elections are held every three years. In 2019, the elections will be held on Saturday 12 October. The period leading up to an election is a time of high interest from parties including the media, members of the public and electoral candidates.

As an incumbent elected member seeking re-election, you have two roles. You will continue to make the decisions of Rotorua Lakes Council as members of the Council or its community boards, while at the same time campaigning for re-election as a candidate.

These protocols provide guidance for you to balance your dual role as elected members and candidates seeking re-election. For further guidance or for clarification, please contact Democracy Services in the first instance.

Summary

1. If you are standing for re-election, you must clearly and transparently differentiate between activities conducted as an incumbent elected member (e.g., business-as-usual activities) and activities conducted while campaigning for re-election.

2. Resources owned by the Council and made available to you should only be used for Council purposes. The use of Council resources for election purposes is unacceptable. This includes Council-owned computers and mobile phones, social media channels, email addresses and publications.

3. Council-run social media accounts are considered Council resources and must remain politically neutral during the election. You must comply with our social media guidelines for candidates at all times.

4. You will continue to have access to the information you need to do your job as an incumbent. Council officers will not provide assistance with electioneering activities.

5. These protocols have general application at all times, but are especially relevant in the three months before the local election (Friday 12 July – Saturday 12 October). It is your responsibility to ensure your behaviour falls within these guidelines.

Protocol 1: Continuation of Council business

The normal business of Council continues during the pre-election period. Incumbents seeking re-election must balance and differentiate between these two roles.

Leading up to the election, elected members continue to have the right and responsibility to govern and to make decisions.

However, you should be mindful of an increased level of media and public scrutiny during this period and make a clear and transparent distinction between your activities as an elected member and your activities as a candidate.

1/3 26 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019 Protocol 2: Use of Council resources

A local authority must not promote, nor be perceived to promote, the re-election prospects of a sitting member. The use of Council resources for re-election purposes is unacceptable.

Council would be directly promoting a member’s re-election prospects if it allows incumbent elected members to use Council resources1 explicitly for campaign purposes. This includes all Council communications facilities (such as Council branding, stationery and postage, social media channels, and communications devices).

Council communications will be restricted during the pre-election period, to remove any perception that the Council is helping incumbents to promote their re-election prospects over other candidates.

Therefore, during the pre-election period:

 Council resources must not be used for campaigning purposes (including for positions not at Rotorua Lakes Council). This includes Council-supplied computers, social media channels, email addresses, mobile phones and telephone numbers.  Elected members’ columns in Council publications will be suspended.  Elected members’ radio slots will be suspended  Elected members will be required to comply with Council’s social media guidelines for candidates in all aspects of their role.  Access to Council resources for members to issue media releases will be limited to what is strictly necessary to communicate current Council business. Comments or quotations from the Mayor, chairpersons, and portfolio leaders will continue to be used in media releases setting out the Council’s position on an issue (for example, where a decision has been made at a committee meeting). Officers will comment on or issue media releases as required. Journalistic use of information that may raise the profile of a member will be discontinued. Your Council contact information will still be available (for example on the Council website or in the Annual Report) so your constituents can contact you about Council business. However, you should not be using your Council-supplied email address or mobile phone for electioneering purposes. If someone contacts you regarding the election on either of these channels, you should reply from your personal email address or mobile phone.

Protocol 3: Social media

Council’s social media channels are Council resources and must remain politically neutral during the election. Elected members seeking re-election must follow Council’s social media guidelines for candidates at all times, and not comment on, share, or otherwise use Council social media channels for electioneering.

Council has produced a set of social media guidelines for candidates, which are attached at Attachment 1. You must comply with these guidelines at all times.

Council’s social media channels will remain neutral at all times. Council will promote elections and the importance of voting, but will not associate these posts with any candidates.

Please note that for the period of the election:

1 Council resources include, but are not limited to, Council-owned or -controlled property and other resources including the Council logo and branding, all Council marketing and communication channels (including social media), Council-supplied business cards, stationery, computers, email, mobile phones, photocopiers, cars, Council venues (other than those available for hire to the general public), Council funds, and Council’s human resources. 1/3 27 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019  Council’s social media channels must not be used by anyone for campaigning purposes. Any campaign-related material (including posts related to nominations and candidacy) will be removed.  Council social media accounts will not follow any candidates. This may result in your account being unfollowed.  You may not reply to comments or posts on Council’s social media channels encouraging people to like or follow your social media accounts.  You may not rate, review, check-in or tag the Council’s social media channels in your own posts or comments. Advice on how to effectively and safely use social media during the election period can be found in the social media guidelines for candidates.

Protocol 4: Availability of information

Elected members will have access to the information they need to discharge their roles as incumbents and their Council contact information will still be publicly available. However, Council officers will not provide assistance with electioneering activities.

You will continue to be supported in your role as an incumbent elected member. However, information requests should be clearly related to Council business and not for re-election purposes.

Where the Council supplies information that is not already in the public domain to a candidate, the Council may consider any broader interest in this information alongside the requirement that Council resources are not used to give an electoral advantage to any candidate, and at its discretion make this information available to all other candidates.

Protocol 5: Use of Mayoral resources

Council resources provided for mayoral use should not be used for any electioneering activities associated with any candidate.

If an incumbent mayor is seeking re-election a clear and transparent distinction will be made between that mayor’s business-as-usual activities and the mayor’s campaigning activities. An incumbent mayor seeking re-election will establish a separate office, with separate staff, for any campaigning activities at their own expense.

The incumbent mayor’s office will establish systems and protocols to ensure that any information or other requests from the public, media, other elected members or council employees during the pre-election period are identified as either business as usual or campaign related and to ensure that these are kept separate and responded to appropriately

Application of protocols

As an elected member seeking re-election, it is ultimately your responsibility to ensure that your behaviour falls within these guidelines.

If you are unsure as to whether a particular action or request is in breach of these protocols, you should seek advice from the Electoral Officer (Warwick Lampp, 021 498 517) or Deputy Electoral Officer (Rick Dunn 07 3518321) as soon as possible. 1/3 28 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

A 1

Rotorua Lakes Council’s Social Media Guidelines for Candidates

Candidates must comply with the following guidelines for social media use and presence related to campaigning:

Things to be aware of

• Election advertising, using any media, including social media, must identify the person under whose authority they have been produced, as per sections 113-115 of the Local Electoral Act 2001. This means in your profile photo/bio, you must have a statement saying that all content/images on your social media channel are authorised by you or your agent. You must include a physical address in the authorisation statement.

• The Council’s social media accounts (listed in Appendix 1), including but not limited to Facebook, Twitter, Instagram, LinkedIn and Neighbourly, are not permitted to be used as a communications channel by anyone (candidates or members of the public) for promotion, electioneering or campaigning. This also applies to all social media accounts owned by Council-controlled organisations.

• The Council’s social media accounts are constantly monitored and any campaign related or electioneering content will be removed immediately.

• If Rotorua Lakes Council already follows your public social media accounts, please note you will be unfollowed 3 months prior to the election date. This protocol is in line with the Local Electoral Act 2001.

• Any social media post – positive or negative – made by any individual specifically relating to their own – or someone else’s – nomination, intention to run for Council, or election campaign, will be removed immediately.

• Candidates cannot reply to the Council’s social media posts or share with a comment encouraging people to like or follow their own social media accounts or any other electioneering tool. Any posts that do this will be removed immediately.

• Candidates must not link their own social media accounts (if they are used for campaigning purposes) to the Council’s social media accounts. .

• Candidates cannot rate, review, check-in or tag the Council’s social media channels.

• The Council’s social media accounts will remain neutral. Rotorua Lakes Council will promote elections and the importance of voting but will not associate these posts with any candidates.

Rotorua Lakes Council’s social media accounts are listed in Appendix 1.

1/3 29 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

Appendix 1 Social media channel list

Page Name Web Facebook Twitter Rotorua Lakes www.rotorualakescouncil.nz www.facebook.com/rotoruacouncil.nz www.twitter.com/rotoruacouncil.nz Council

Te Aka Mauri – www.rotorualibrary.govt.nz www.facebook.com/RotoruaLibrary.nz Rotorua Library Rotorua Museum www.rotoruamuseum.co.nz www.facebook.com/RotoruaMuseum.nz

Rotorua Economic www.rotoruanz.com Development; - Destination Rotorua Marketing - Rotorua Visitor Centre & I-site - Events and Venues - Redwoods Visitor Centre Rotorua Airport www.rotorua-airport.co.nz

Infracore www.infracore.co.nz

Rotorua Rural www.facebook.com/ruralcommunityboard.nz Community Board Rotorua Lakes www.facebook.com/LakesCommunityBoard.nz Community Board Rotorua Night www.facebook.com/rotoruanightmarket.nz Market CyWay Rotorua www.cyway.nz www.facebook.com/CywayRotorua.nz Rotorua Aquatic www.clmnz.co.nz www.facebook.com/Rotorua-Aquatic - Centre Centre.nz

Page Name YouTube LinkedIn Instagram Rotorua Lakes www.youtube.com/channel/UCBWBTTm01UQc3Hnri7fU9BQ?view Council

RDC-910670 30 Council meeting ATTACHMENT 2 2 May 2019

ASSESSMENT OF

WATER AND SANITARY SERVICES

2019

In accordance with Part 7 of the Local Government Act 2002

RDC-814601 RDC-910670 31 Council meeting ATTACHMENT 2 2 May 2019

TABLE OF CONTENTS

1 INTRODUCTION ...... 34 1.1 Legislative Context ...... 34 1.2 What matters are not included in this assessment? ...... 34

2 EXECUTIVE SUMMARY ...... 35 2.1 Introduction ...... 35 2.2 Definition of “Communities” ...... 35 2.3 Water Supply ...... 36 2.3.1 Services Available - RLC Serviced ...... 36 2.3.2 Services Available - Rural Lifestyle/Farming ...... 36 2.3.3 Services Available - Rural Residential ...... 37 2.3.4 Services Available - Rural (Work/Accommodation/Education) ...... 37 2.3.5 Quality, Compliance and Assessment of Risks to Communities ...... 37 2.3.6 Current and Future Demands ...... 37 2.4 Wastewater ...... 38 2.4.1 RLC-Serviced Quality and Risks ...... 38 2.4.2 Non-RLC-Serviced Quality and Risks ...... 39 2.4.3 Current and future Demand ...... 39 2.4.4 Actual or Potential Consequences of Sewerage Discharges ...... 39 2.5 Stormwater ...... 40 2.5.1 RLC –Serviced ...... 40 2.5.2 Non-RLC Serviced ...... 40 2.5.3 Current and Future Demand...... 40 2.5.4 Risks and Actual or Potential Consequences of Stormwater Discharges ...... 41 2.6 Cemeteries ...... 41 2.7 Crematoria ...... 41 2.8 Public Toilets ...... 41

3 RELATIONSHIP TO OTHER DOCUMENTS ...... 42

4 DEFINITION OF “COMMUNITIES” ...... 43 4.1 Definition of “Community” ...... 43 4.2 Identification of Communities ...... 43

5 WATER SUPPLY ...... 44 5.1 RLC Supplied ...... 44 5.1.1 Services Available ...... 44 5.1.2 Quality of Service and Compliance with Standards ...... 45 5.2 Rural Lifestyle/Farming ...... 47 5.2.1 Services Available ...... 47 5.2.2 Quality of Service and Compliance with Standards ...... 48 5.3 Rural Residential ...... 48 5.3.1 Services Available ...... 49 RDC-910670 32 Council meeting ATTACHMENT 2 2 May 2019

5.3.2 Localities ...... 49 5.3.3 Quality of Service and Compliance with Standards ...... 49 5.4 Rural (Work/Accommodation/Education) ...... 50 5.4.1 Services, Quality and Compliance with Standards ...... 50 5.5 Assessment of Risks To Communities ...... 51 5.5.1 RLC Serviced ...... 51 5.5.2 Other Communities (Water Supply) ...... 51 5.6 Current and Estimated Future Demands ...... 53 5.6.1 Growth ...... 53 5.6.2 Level of Service Improvement ...... 53

6 WASTEWATER ...... 54 6.1 RLC Serviced ...... 54 6.1.1 Services Available ...... 54 6.1.2 Quality of Service ...... 55 6.2 Non-RLC Serviced ...... 56 6.2.1 Services Available ...... 56 6.3 Health Risks To Community from Absence or Deficiency in Service ...... 57 6.3.1 RLC Serviced ...... 57 6.3.2 Non RLC Serviced ...... 58 6.4 Current and Estimated Future Demand for Services ...... 58 6.5 Actual or Potential Consequences of Sewage Discharges within the District ...... 59

7 STORMWATER ...... 60 7.1 RLC Serviced ...... 60 7.1.1 Services Available ...... 60 7.1.2 Quality of Service ...... 60 7.2 Non-RLC Serviced Areas ...... 62 7.2.1 Services and Quality Available ...... 62 7.3 Current and Future Demand...... 62 7.3.1 Urban ...... 62 7.3.2 Rural ...... 62 7.4 Risks from Absence or Deficiency of Service ...... 63 7.5 Actual or Potential Consequences of Stormwater Discharges Within the District ...... 63

8 CEMETERIES ...... 64 8.1 Overview ...... 64 8.2 The Urban Community ...... 64 8.2.1 Existing Services ...... 64 8.2.2 Current and Estimated Future Demand ...... 65 8.2.3 Assessment of Options ...... 66 8.3 The Rural Community ...... 67 8.3.1 Existing Services ...... 67 8.3.2 Estimated Future Demand for Services ...... 68 8.3.3 Assessment of options ...... 68 RDC-910670 33 Council meeting ATTACHMENT 2 2 May 2019

8.4 Tangata Whenua Community ...... 68 8.4.1 Existing services ...... 68 8.4.2 Anticipated demand for services ...... 68 8.5 Overall Quality and Health Risks ...... 69

9 CREMATORIA ...... 70 9.1 Existing Services ...... 70 9.2 Operating procedures ...... 70 9.3 Maintenance ...... 70 9.4 Anticipated Demand for Services ...... 70 9.5 Public Health Risks ...... 71

10 PUBLIC TOILETS ...... 71 10.1 Existing Services ...... 71 10.1.1 CBD and other shopping precincts ...... 71 10.1.2 Urban & Rural Services ...... 72 10.1.3 The Travelling Public ...... 73 10.2 Current and Future Demand...... 73 10.3 Public Health Risks ...... 74 RDC-910670 34 Council meeting ATTACHMENT 2 2 May 2019

INTRODUCTION

Legislative Context Part 7 of the Local Government Act 2002 (LGA) (Section 125) requires territorial authorities to assess the provision of water services and other sanitary services available to communities within their districts from time to time. An assessment under section 125 does not include assessments in relation to individual properties.

For the purpose of these assessments, water services mean water supply, sewerage, treatment and disposal of sewage, and stormwater drainage. Sanitary services comprise drainage works, sewerage works and works for the disposal of sewage, waterworks, sanitary conveniences for use of the public, cemeteries, and crematoria.

The stated purpose of an assessment under Section 125 is to assess, from a public health perspective, the adequacy of water and sanitary services available to communities within a territorial authority’s district in light of: the health risks to communities arising from any absence of, or deficiency in, water or other sanitary services; and, the quality of services currently available to communities within the district; and, the current and estimated future demands for such services; and the extent to which drinking water provided by water supply services meets applicable regulatory standards; and, the actual or potential consequences of stormwater and sewage discharges within the district.

The information in the assessment should be used to inform the long-term plan. Schedule 10 of the Local Government Act 2002 (LGA) requires the long-term plan to identify and explain any significant variation between the proposals outlined in the long-term plan and a) the assessment of water and other sanitary services under section 125 and b) the waste management and minimisation plans adopted under section 43 of the Waste Minimisation Act 2008.

What matters are not included in this assessment? This document updates the first and most recent assessment carried out by Rotorua District Council in 2005. At that time, the requirements of the LGA with respect to assessments were more comprehensive and extensive. Consequently, there are several areas excluded from this updated assessment.

The Assessment has a specific focus on public health matters, but it needs to be read in conjunction with RLC’s high level strategies for Water, Wastewater, and Stormwater, and other documents that form part of the Long Term Plan, such as Asset Management Plans and the Infrastructure Strategy, which have undergone full updates in 2017. These documents also have a specific purpose and they are the appropriate place to set out the detailed description and analysis of the services provided or intended to be provided by Council. Consequently, this assessment provides a broad overview of each service area rather than a detailed description.

The Assessment needs to consider the adequacy of existing sanitary services and the risks that may arise to public health from any inadequacy or deficiency. Risk assessment is also a critical element of each of the Council’s Asset Management Plans and also, for water supply, of existing Water Safety Plans. However there are differences in how this is undertaken and the matters that are considered. The risks that are considered through the Asset Management Plan process are wide RDC-910670 35 Council meeting ATTACHMENT 2 2 May 2019

ranging and include economic, technical or qualitative matters that go beyond issues related to public health. For the purpose of this Assessment, the risk assessment focus is on the single matter of public health.

While Council has a responsibility to assess the provision of services, it is important to note that the Council does not have responsibility for all areas or aspects of service provision. For example, the Council is not responsible for the performance of private water supplies, septic tanks or other private wastewater treatment facilities. Nevertheless, the performance of such facilities can have effects on the wider environment and community perceptions regarding sanitary services. Therefore, although the Council is not directly responsible, it must consider whether there is a need for any specific action, such as education, to ensure that the community’s health is protected. While the Assessment does not describe the performance of private service provision, it does describe the issues associated with private services and explains the Council’s actions in relation to matters that are beyond its immediate control.

An additional service area that is excluded from the Assessment relates to solid waste management. The Council has adopted a Waste Minimisation and Management Plan which is kept under review and managed separately from sanitary services, as the matter is the subject of specific legislative requirements under the Waste Minimisation Act, 2008.

EXECUTIVE SUMMARY

Introduction The Local Government Act 2002 Part 7 Section 125 requires the Rotorua Lakes Council to assess the provision of water and sanitary services available to communities within the District.

Water services include water supply, sewerage, treatment and disposal of sewage, and stormwater drainage. Sanitary services include drainage works, sewerage works and works for the disposal of sewage, waterworks, sanitary conveniences for use of the public, cemeteries and crematoria. The assessments do not need to address matters that have been addressed in a Waste Management Plan under Part XXXI of the LGA 1974. Therefore solid waste services are not included under this assessment.

An assessment under Section 125 does not include assessments in relation to individual properties

Definition of “Communities” In establishing the communities to be assessed it has been decided that communities for the purposes of this assessment should not necessarily be geographical in nature, but could be based on areas or groups of people of a common need.

Section 4.2 describes the rationale for the selection of communities to be individually assessed, and these are listed below. Together, these cover the whole district, its residents and visitors.

Water Supply RLC supplied Rural Lifestyle/Farming Rural residential Rural – (Work/Accommodation/Education)

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Wastewater RLC serviced Non RLC serviced

Stormwater RLC serviced Urban/Rural Non-RLC serviced

Cemeteries Urban Rural localities Tangata Whenua

Crematoria The District

Public Toilets CBD Urban Rural The Travelling Public

Water Supply

Services Available - RLC Serviced

The Rotorua Lakes Council administers and manages ten urban and rural drinking water supplies serving residential, commercial, industrial and farming consumers.

These supplies are managed in accordance with Asset Management Plans and Water Safety Plans, and there is high customer satisfaction with these services by those provided.

The Council has an accredited registered laboratory that schedules, samples, tests, and reports on RLC drinking water supply quality. There is high compliance with drinking water standards and the requirements of the Health Act with respect to networked drinking water suppliers, and consequently the risks to public health associated with these supplies are extremely low.

Services Available - Rural Lifestyle/Farming

For the purposes of this assessment “Rural Lifestyle/Farming” encompasses any areas of the District not serviced by an RLC reticulated supply, and not grouped in close residential – type clusters, such as those that may surround a lakeshore. It does not include individual properties or premises that may supply water for large amounts of people on an intermittent basis, such as work premises, schools or accommodation providers.

This “community” will encompass a number of large separate geographical areas of the District.

Information on services for individual properties is not available. However, data gathered from a survey of properties in 2004 is still largely valid, and showed the following: The most common source types for individual properties were Bores, Rainwater, Springs, and Lake. RDC-910670 37 Council meeting ATTACHMENT 2 2 May 2019

13% of non RLC supplied properties had some form of treatment.- 10% of non RLC supplied properties were dissatisfied with their water. The main areas of concern were pathogens in roof-gathered water and lake-sourced water, and metals in bore water.

Services Available - Rural Residential

For the purposes of this assessment, Rural Residential includes any areas of the District not served by an RDC reticulated supply, but grouped in clusters which may or may not share common systems between 2 or more properties. A large majority of the residences in this category will be in “lakeside” settlements.

This community includes both individual properties and a number of “group” schemes. As for the Rural/Lifestyle/Farming community, there is variable source quality and treatment, but a number of those group schemes are subject to some management and monitoring

Services Available - Rural (Work/Accommodation/Education)

A number of premises such as schools, lodges, resorts, industries and sports clubs run their own supplies. These were previously subject to varying degrees of monitoring either by RDC Environmental Health Officers or the MOH Register of Drinking Water Supplies. However, since the introduction of the Food Act 2014 and the Food Regulations 2015, it is the responsibility of individual premises to ensure that their water is monitored regularly to ensure its suitability.

Quality, Compliance and Assessment of Risks to Communities

Because of the high level of management and compliance with legislation and standards for RLC supplied communities, the level of public health risk from the absence of or deficiency in the water supply service is considered extremely low.

For the other non-RLC serviced communities, the quality of sources, treatment employed and management skills will vary widely between properties in all the communities. Therefore there is a high likelihood that at any time an unknown number of these properties could be subject to microbiological contamination. However as most of these are likely to be individual properties, the number of persons affected will be very low. There is a risk of high concentrations of arsenic in groundwater in some locations due to the geothermal nature of the environment.

Some lack of understanding of source water quality and property owner responsibilities has been identified as an issue. RLC has recently begun offering a full sampling, testing and reporting service for non-Council supplies.

Overall, the risk to public health is considered moderate.

Current and Future Demands

Current and future demands for existing RLC serviced areas have been assessed as part of the development of the Water Supplies Asset Management Plan, using growth projections. This assessment has informed Councils 30 Year Infrastructure Strategy and Long Term Plan budgets.

There are also a number of areas of the district where there are drivers to consider new RLC water supplies or extensions to existing RLC water supplies. Some of these drivers have prompted calls in the past for Council to consider provision of these new services. The Medical Officer of Health has recommended that Council progressively extend its reticulated water supplies to serve more of the RDC-910670 38 Council meeting ATTACHMENT 2 2 May 2019

community. There are no plans in the current LTP to do so, but this should be considered alongside other priorities during the development of each LTP.

Specific areas include: Individual properties with lake sources in Rotoma (east of the currently-supplied area), Rotoiti (Okawa Bay, Mourea, Okere, Otaramarae), Tarawera, Okaro and Rerewhakaaitu. These lakes are of varying microbiological quality, and the wastewater in some areas is not reticulated. Some lakes are also potentially at risk from differing degrees of toxic algae bloom. At present there is no readily available treatment for individual lake water-sources (Boiling, and chlorination do not inactivate the toxic cyanobacteria), and therefore either individual rainwater tanks or some public or group water supplies are options to overcome this risk.

 Kaingaroa Village - Concerns have been expressed about the adequacy of the Kaingaroa water infrastructure (privately-owned and managed) and the ability of the owners to fund capital and operational improvements that are likely to be required in future.

 Geothermally influenced Groundwater – geothermal waters can be high in arsenic, and elevated levels have been detected in private sources.

Where future development is located beyond the reach of Council networks, it will still need to ensure that appropriate provision is made for adequate and safe water supply. Consenting processes will continue to provide the mechanism to apply appropriate scrutiny.

Council also expects a continued and increasing role in providing education to self-suppliers about risk management around their sources.

Wastewater

RLC-Serviced Quality and Risks

The Urban area of Rotorua is serviced by the Rotorua Urban Wastewater network and a single centralised wastewater treatment plant. Wastewater is currently treated to a relatively high standard although it does not include disinfection. The treated water is being pumped and irrigated to land in Whakarewarewa Forest with information signs and unirrigated buffer zones between irrigation blocks and main public tracks and roads. Since 2006 a number of lakeside sewerage schemes have also been established and sewage from these is pumped to the Rotorua wastewater treatment plant.

Solids arising from the wastewater treatment process comprise screenings and biosolids(sludge). Screenings are disposed of to landfill, and sludge is transported out of the district, to a vermicomposting facility. The compost produced is applied to land as a soil conditioner/fertiliser.

This service is managed according to Councils Asset Management Plan, in compliance with Environment Bay of Plenty Resource consent and results in high public satisfaction, and it is assessed that there are no significant risks to public health or the environment from deficiencies in this service.

The risk to public health has increased slightly in recent years as recreational use of the forest has increased. The increased intensity and frequency of heavy rainfall events also has the potential to RDC-910670 39 Council meeting ATTACHMENT 2 2 May 2019

increase sewage overflows in the network. A major upgrade to the wastewater treatment plant is planned and has been included in the LTP. It will include disinfection and an increase in the capacity to mitigate the risk of overflows to a very high level.

Non-RLC-Serviced Quality and Risks

The remainder of the District is served predominantly by septic tanks, and a growing number of on- site effluent treatment (OSET) systems. In most of the more sparsely populated rural areas there are few known issues with disposal of wastewater.

However, there are a number of localities (mostly adjacent to lakes), where contamination of groundwater and lake water can pose health and environmental risks.

Mamaku is also an area where soil conditions are difficult for septic tank discharge fields, and contamination of stormwater drains has been raised as a concern.

Environment Bay of Plenty’s On-Site Effluent Treatment Regional Plan requires properties within certain areas of lake catchments to be either connected to a sewerage system or have an advanced on-site treatment system capable of meeting certain effluent standards.

Council has provided sewerage reticulation for most lakeside communities, and has plans to provide sewerage systems for Lake Rotoma, Rotoehu, Hinehopu/Gisborne Point (Lake Rotoiti) and Lake Tarawera in the current 2018 Long Term Plan. A system for Mamaku is not included in the 2018 Long Term Plan, but has been signalled for consideration in later years.

As a key partner and host of the OSET National Testing Facility, Council is contributing to reducing the risk to public health and the environment from onsite systems. Council also has a role in enforcing Environment Bay of Plenty’s On-Site Effluent Plan, through the building consent process.

Current and future Demand

The asset management planning process has identified network and treatment upgrades due to projected growth, and these are factored into the Infrastructure Strategy, along with new sewerage schemes for Rotoiti/Rotoma and Tarawera.

Preliminary investigations for servicing options are underway for Mamaku ( 385 properties plus commercial and community facilities), and other clusters within the urban area like Fairy Springs and Clayton Road. It is anticipated that for some communities an upgraded onsite system, as required by the draft Regional Plan, is likely to be the best approach when considering public health risk, environmental risk and affordability.

Actual or Potential Consequences of Sewerage Discharges

Discharges from RLC sewerage systems do occur from time to time due to blockages, and also as a result of overloading of systems during large rain events. These do have to potential to create public health hazards and add nutrients to receiving waters, but these consequences are minimised by response procedures including clean-up, disinfection and warnings to avoid affected areas.

For non-RLC serviced areas, poorly-managed septic tanks and other on-site systems can result in gradual leaching of contaminants into groundwater, or sudden overflows to surface water. These can pose direct risks from persons coming into contact with contaminated water, or by contaminating waters used as drinking water sources. RDC-910670 40 Council meeting ATTACHMENT 2 2 May 2019

These consequences can be minimised by education and enforcement of sewage disposal practices, and also education on management of drinking water sources and intakes. The Bay of Plenty Regional Council also carries out regular quality monitoring of bathing waters within the district.

Stormwater

RLC –Serviced

The Rotorua urban area and small residential rural clusters are served by a regularly maintained network of pipes, channels and natural watercourses, utilising as much as possible the natural contour of the land. The network is designed to protect dwellings from a flood with a probability of 0.02 (1 in 50 year flood) and land from a flood with a probability of 0.1 (1 in 10 year flood). The increase in frequency of intensive rainfall events has added some risk to the network.

Discharge of stormwater from Councils network is controlled under Environment BOP’s Land and Water Plan. This plan promotes the use of catchment-wide (comprehensive) consents for the discharge of stormwater. Council has gained consents for the Rotokawa, Tarawera and Mamaku catchments, and has applications under consideration for the Rotorua urban and Okareka catchments.

Discharge to Councils network is controlled under the Building Act and Councils Water Services Bylaw.

Satisfaction with stormwater services provided by RLC is generally high.

Non-RLC Serviced

In areas not served by RLC systems, stormwater drainage is facilitated by topography and naturally- occurring watercourses and streams, with minor modifications such as private open drains.

Drainage to protect buildings and developments is subject to the District Plan and Building Act which ensure that stormwater is conveyed away from these to either ground soakage or watercourses.

Current and Future Demand

Demand for new and upgraded stormwater systems is likely to be driven by: Growth and development higher in the sides of lakes basins, causing higher volumes of stormwater to be directed into existing networks Higher rainfall and resulting higher frequency of extreme groundwater and lake levels Increasing concern regarding the quality of stormwater and its effects on lakes and streams

Catchment analysis and network designs taking into account climate change will be extremely important, as will requirements for on-site disposal of stormwater. Closer management of lake levels by the BOP Regional Council is already being undertaken. Increasing use of stormwater treatment infrastructure will also be required. RDC-910670 41 Council meeting ATTACHMENT 2 2 May 2019

Risks and Actual or Potential Consequences of Stormwater Discharges

Stormwater discharges from RLC infrastructure are, or will be subject to resource consents designed to minimise risks to and adverse effects on the environment and public health that are inherent in all stormwater discharges. These risks include: Carrying of contaminants from urban and rural environments into streams and lakes, affecting bathing water quality and increasing nutrient loads Silting of streams, resulting in increased flood risks High groundwater levels, resulting in poor septic tank and effluent field performance

Minimising these risks and consequences will require multi-agency interventions including land use controls, infrastructure upgrades and public education. . RLC has recently lodged an application for a comprehensive stormwater consent for the urban area and the risks will be managed through this process.

Cemeteries Council maintains and manages 5 cemeteries in the District. These are Rotorua and Kauae in the city; and Reporoa, Mamaku and Ngakuru within the rural communities. These are managed according to relevant laws and regulations, and comprehensive records are kept.

A number of marae also operate urupa for members of their local tangata whenua.

No current public health or environmental risks have been identified from the provision of cemetery services.

With projected future demand for burials, it is likely that existing space for public burials in the Urban area will last for only the next 6 to 10 years. However, Council has purchased a suitable parcel of land that can be developed as a cemetery to provide burial space for in excess of 50 years at current uptake.

There are no known or anticipated public health risks associated with the level or quality of cemetery services within the district.

Crematoria Council operates one Crematorium which services the District, located in the grounds of the Rotorua Cemetery.

The operation is strictly controlled by well-documented operations and maintenance procedures.

Present demand for cremations is up to 400 per annum. The crematorium can comfortably process 750 per annum and the Council’s Long Term Plan provides for an upgrade to the cremator in the 2018-19 year which is currently underway as of March 2019. Therefore there are no issues related to future demand, and there are no known or anticipated public health risks associated with cremation services for the district.

Public Toilets Council has 13 public toilets in the CBD and 49 located in various Urban and Rural reserves throughout the District. RDC-910670 42 Council meeting ATTACHMENT 2 2 May 2019

These are subject to maintenance contracts and service standards. The only public health concern is through the drinking of contaminated water at certain rural toilets, this is currently be managed through the placement of signage, filters and small uv treatment systems. Council has a policy in place which will provide for future demand, based on community usage.

There are also 14 wastewater disposal points throughout the District (13 privately operated at motor camps etc.) for the dumping of effluent from motor homes and one operated by the Rotorua Lakes Council at the waste water treatment plant.

RELATIONSHIP TO OTHER DOCUMENTS

Other Council plans and reports with linkages to this assessment are:

Long-Term Plan (LTP) o Schedule 10 Clause 6 of the LGA 2002 requires that the LTP must identify and explain any significant variation between proposals contained in the LTP and this assessment of water and sanitary services.

District Plan o The district plan sets out land use, sub-divisions and building development allowances and processes for the district. It provides useful information as to where subdivision and development might be anticipated to occur or intensify and shows at a macro level where development is permitted to occur.

Development Forecasts and Growth Strategies o Effective planning for infrastructure is assisted by forecasts of the type, rate and location of development within the district over at least the next 10 years. This is useful as a basis for estimating the future demand for water and sanitary services. Forecasts also assist the setting of robust financial and development contribution policies so that a new development contributes its fair share towards new or upgraded water and sanitary services that might be required as a consequence of development.

Asset Management Plans (AMP’s) o Council has asset management plans for its major activities. These plans are the source of much of the information required under section 126 of the Act for those services already provided by Council.

Water Safety Plans (WSP’s) o The health Act 1956 (Section 692) requires Council to prepare and implement Water Safety Plans for all its networked water supplies. A key part of each WSP is the identification of risks to public health and mitigation of those. RDC-910670 43 Council meeting ATTACHMENT 2 2 May 2019

DEFINITION OF “COMMUNITIES”

Definition of “Community” A Key starting point in assessing the adequacy of sanitary services in the protection of public health is to establish the nature of the communities that are being served. In a district as geographically, topographically, demographically and economically diverse as Rotorua, the “communities” that need to be considered vary according to the nature of the service.

Section 124 of the LGA 2002 which requires the carrying out of this assessment, defines “assessment” as meaning “an assessment of water services and other sanitary services available to communities in the district of the territorial authority; but does not include assessments in relation to individual properties”. However, no definition of “community” is given in this part.

Section 5 of the Act defines community as “subject to subsection (2) a community constituted under Schedule 6 (which are the communities for which community boards are established). Subsection 5 (2) provides that this meaning does not apply in relation to several other specific parts of the Act, and also to provisions of the Act “in respect of which the context otherwise requires.”

Local Government New Zealand (LGNZ) has previously published a “Know How” guide to making assessments, and in it has concluded that a “community” means either a community constituted under Schedule 6 of the Act (of which Rotorua District has none) or as otherwise required in this context, “a community that is usefully identified for the purpose of making a satisfactory assessment of water and sanitary services.”

Identification of Communities From 4.1 it is clear that given the different characteristics of the activities that make up the water and sanitary services, the communities should be separately defined for each activity, but may not necessarily be defined by geographical boundaries.

RLC has followed this process, and looking separately at each activity, defined separate communities based on the different attributes of, assets available to and requirements of various groups of persons throughout the district.

For the three Water services, one obvious different attribute is the provision or not of Council – managed systems as provided in the urban area, rural water supplies, lakeside sewerage schemes or rural public drainage areas for stormwater. The remainder of the district may have differing requirements whether primarily farming (low density population) or small communities with higher density. The needs of non-permanent residents are also met by suppliers at various facilities such as work sites, schools or tourist attractions.

Cemeteries have been split into three separate communities, with the special concerns of rural localities and Tangata Whenua requiring their consideration as separate communities from the urban community.

For Crematoria, the District has been assessed as requiring consideration together as one community.

RDC-910670 44 Council meeting ATTACHMENT 2 2 May 2019

Communities in terms of Public Toilets have been based on the anticipated needs of residents of the District whether shopping in the CBD or going about activities in their normal environment (Urban or Rural). Recognising the needs of visitors or people passing through the District, the “Travelling Public” has been accorded the status of a community in terms of the Public Toilet activity.

Resulting from the above analysis, the following “communities” have been identified for the purpose of carrying out Water and Sanitary Services Assessments:

Water Supply RLC supplied Rural Lifestyle/Farming Rural residential Rural – (Work/Accommodation/Education)

Wastewater RLC serviced Non RLC serviced

Stormwater RLC serviced Urban/Rural Non-RLC serviced

Cemeteries Urban Rural localities Tangata Whenua

Crematoria The District

Public Toilets CBD Urban Rural The Travelling Public

WATER SUPPLY

RLC Supplied

Services Available

The Rotorua Lakes Council administers and manages ten Water Supplies, serving residential, commercial, industrial and farming consumers. The areas served and details of each supply are described in the Water Supplies Asset Management Plan.

Within each of the water supply areas, a water connection is available to every property.

RDC-910670 45 Council meeting ATTACHMENT 2 2 May 2019

Basic details of each supply are as shown in the following table:

Supply Central Eastern Ngongotaha Mamaku Rotoiti Rotoma Kaharoa Reporoa Hamurana Okareka Population 38823 1025 4194 867 462 189 693 1030 907 585 (Census 2013) No. of 16866 4133 2079 308 341 131 349 372 352 267 connections Source Type Spring Spring Spring Bores Spring Lake Spring Spring Spring Spring intake 20m deep Chlorine Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Disinfection UV Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Disinfection Public Health Grading (2017) A A A E A A A A A A Source/TP a a a a b a a a a a Reticulation

Quality of Service and Compliance with Standards

The management of each supply is carried out by the infrastructure services group of council, in accordance with regularly updated Asset Management Plans and Water Safety Plans.

Council measures its service delivery performance annually against Key Performance Indicators in its Long Term Plan. These indicators and the measured performance against these are as shown in the following table:

Performance Measures 2017/18 As at 30 June 2018 Targets Bacterial Compliance All supplies Yes Compliance with: Achieved for all Protozoal  Part 4 of the drinking-water standards (bacterial compliance supplies Compliance criteria), Mamaku No Hamurana No  Part 5 of the drinking-water standards (protozoal All other supplies compliance criteria) Yes ≤ 25% 21.9% The percentage of real water loss from the local authority’s networked reticulation system (including a description of the methodology used to calculate this). Where the local authority attends a call-out in response to a fault or ≤ 60 minutes 22 minutes unplanned interruption to its networked reticulation system, the following median response times measured:  attendance for urgent call-outs: from the time that the local authority receives notification to the time that service personnel reach the site RDC-910670 46 Council meeting ATTACHMENT 2 2 May 2019

Performance Measures 2017/18 As at 30 June 2018 Targets Where the local authority attends a call-out in response to a fault or ≤ 240 minutes 72 minutes unplanned interruption to its networked reticulation system, the following median response times measured:  resolution of urgent call-outs: from the time that the local authority receives notification to the time that service personnel confirm resolution of the fault or interruption. Where the local authority attends a call-out in response to a fault or ≤ 1 day 2 hour unplanned interruption to its networked reticulation system, the 55 minutes following median response times measured:  attendance for non-urgent call-outs: from the time that the local authority receives notification to the time that service personnel reach the site Where the local authority attends a call-out in response to a fault or ≤ 3 days 18 hours unplanned interruption to its networked reticulation system, the 59 minutes following median response times measured:  resolution of non-urgent call-outs: from the time that the local authority receives notification to the time that service personnel confirm resolution of the fault or interruption. The total number of complaints received by the local authority ≤ 10 / 1000 4.1 / 1000 about any of the following: connections connections  drinking water clarity  drinking water taste  drinking water odour  drinking water pressure or flow  continuity of supply, and  the local authority’s response to any of these issues expressed per 1000 connections to the local authority’s networked reticulation system The average consumption of drinking water per day per resident ≤ 320 litres per 292 litres per within the territorial authority district. person per day person per day

Council also commissions annually a survey of customer satisfaction with its services, carried out by the National Research Bureau. Results from this survey have consistently shown satisfaction rates with the water supply service provided averaging 95% over the past three years.

As a networked water supplier, council has obligations to comply with certain sections of the Health Act 1956, and this compliance is subject to annual inspection and report by Toi Te Ora Public Health. The most recent report for the year 2017/2018 has confirmed that: All treatment plants except Mamaku and Hamurana were compliant with the Drinking Water Standards for New Zealand (DWSNZ) 2005 (2008 Revision) bacterial and protozoal requirements Mamaku treatment plant was compliant with the bacterial and radiological requirements but not protozoal requirements All distribution zones were compliant with the Drinking Water Standards for New Zealand 2005 (2008 Revision) bacterial and chemical requirements All of the water supplier duties specified under the Health Act 1956 had been complied with

It will be noted that Mamaku treatment was not compliant with the DWSNZ protozoal requirements. Council has in December 2018 installed ultraviolet (UV) light disinfection and RDC-910670 47 Council meeting ATTACHMENT 2 2 May 2019

filtration at this site which will address this deficiency. Following this, all Councils water supplies will be fully compliant. Hamurana was also not compliant due to a single incident that was not responded in accordance with the requirements of the standards. Procedures are now in place to ensure that this cannot occur again. Council has an accredited registered laboratory that schedules and carries out a testing, sampling and reporting programme on drinking water quality, in accordance with provisions of the Health Act.

Rural Lifestyle/Farming For the purposes of this assessment “Rural Lifestyle/Farming” encompasses any areas of the District not serviced by an RDC reticulated supply, and not grouped in close residential – type clusters, such as those that may surround a lakeshore. It also does not include individual properties or premises that may supply water for large amounts of people on an intermittent basis, such as work premises, schools or accommodation providers.

This “community” will encompass a number of large separate geographical areas of the District.

Services Available

There are no records available to list the water source and potability for every household or farm in these areas, nor will it be cost-effective to gather and collate this information.

However, for the purposes of making the original 2005 Assessment of Water and Sanitary Services, Council carried out a survey of all habitable properties in the District outside of the Urban area, requesting information on the drinking water and wastewater services available to these properties. The survey forms were sent to the owners of 5180 properties, and 2556 were returned. Although this information is 13 years old, it is considered that it still provides the broad overview required of the assessment, given that section 124 of the Act clarifies that it “does not include assessments in relation to individual properties”.

Additional data has also been sourced from: Environmental Health Officers Records Environment BOP/Waikato Resource Consents Community/Ratepayer Groups

Group Schemes

There are several small private water supply schemes serving two or more farming properties. The following is a list of those known:

Scheme Source Treatment Grading Population East Road Spring at Torepatutahi N/A 30 Stream Whirinaki Valley Bore – Corbett Road Chlorination N/A 20

Individual Properties There is little data available which would give a good overview of how individual properties provide their own water services. Councils Building or Environmental Officers may visit properties from time to time to carry out their duties, but few records of these services are available.

RDC-910670 48 Council meeting ATTACHMENT 2 2 May 2019

The survey referred to in 5.2.1 asked owners to identify the source of their drinking water, whether it was treated and what type, and whether they were happy with the quality and quantity.

Of the 2556 returns, 1488 were not supplied by Council schemes The following briefly summarises the data from these properties: . The most common four source types were Bores (544), Rainwater (410), Spring (293) and Lake (110) followed by Stream (46) and Other – not specified (32).

178 of these were treated, 1008 were not and 159 respondents did not know. Overall dissatisfaction rates with their water supplies was 10%.

Lake sources had the highest dissatisfaction rates (22%), followed by stream (15%) and rainwater (12%). Rainwater also had the most properties that were dissatisfied (49) although springs and bores also had 22 and 34 properties dissatisfied respectively.

Main reasons given for dissatisfaction were: concerns with contamination of roof-gathered rainwater (possums, birds etc) iron and staining from bore water algae blooms in lake water bacteria in sources chlorine treatment

Quality of Service and Compliance with Standards

Not enough data is available to properly assess the quality and compliance of water supplies for individual properties in the rural area, nor is it cost-effective to gather such data.

From the data that has been gathered, it is unlikely that any supplies will be in complete compliance with DWSNZ , and in the rural setting and for very small supplies (2-5 households), it is often impractical to meet these standards.

An assessment of quality can really only be estimated based on the feedback from users, monitoring records (of which little is done) and known water-borne health problems.

A summary of these categories of data is: feedback - 90% satisfied with their drinking water records - not enough monitoring data to adequately assess

Therefore a general assessment of the water services available to the “Rural Farming” Community is that both Quality and Adequacy are acceptable, although there will be individual consumers with water of unacceptable quality.

Rural Residential For the purposes of this assessment, Rural Residential includes any areas of the District not served by an RDC reticulated supply, but grouped in clusters which may or may not share common systems between 2 or more properties. A large majority of the residences in this category will be in “lakeside” settlements. RDC-910670 49 Council meeting ATTACHMENT 2 2 May 2019

Services Available

As explained in 5.3.1, the Water, Wastewater and Stormwater survey of 2004 has provided some data to assist in assessing the provision and potability of water for rural residences, along with already held data.

5.3.2 Localities

The following localities have been identified as falling into the “Rural Residential” category: Rotoma East Kennedy Bay Mourea/Okawa Bay Brunswick Park Otaramarae/Okere Parkcliff Tarawera Kaingaroa

Several of these contain small privately run systems supplying a group of households, some of which are monitored by inclusion in the Ministry of Health Register of Drinking Water Supplies for NZ. Those known are in the following table:

Scheme Source MoH Register Population (est.) Tarawera Co-operative Water Supply Un-named spring 2017 80 Parkcliff Road Bore No 75 Kennedy Bay Private Supply Bore No 60 Parklands Bore No 140 Brunswick Park 1 Bore 2017 Unknown Brunswick Stage Three/Four Bore 2017 Unknown Kaingaroa Forest Village Bore and spring 2017 400

Quality of Service and Compliance with Standards

As stated above, not enough data is available to properly assess the quality and compliance of water supplies for individual properties in the rural area, nor is it cost-effective to gather such data.

From the data that has been gathered, it is unlikely that any supplies will be in complete compliance with DWSNZ, and in the rural setting and for very small supplies it is often impractical to meet these standards.

An assessment of quality can really only be estimated based on the feedback from users, monitoring records (of which little is done) and known water-borne health problems.

As for the Rural/Lifestyle/Farming community: feedback - 90% satisfied with their drinking water records - not enough monitoring data to adequately assess

Rural (Work/Accommodation/Education) There are a number of rural schools, tourist attractions, work sites and accommodation providers, which whilst not having permanent populations, do provide drinking water for significant numbers of people.

Services, Quality and Compliance with Standards

With the introduction of the Food Act 2014 and Food Regulations 2015, all registered food premises are required to provide water that is fit for purpose and does not adversely affect the safety or suitability of food. This is achieved by the business having to test their water supply regularly (usually annually).

The introduction of this legislation has meant that many of these premises are no longer monitored by either the Ministry of Health or local authorities.

The following is a list of premises of this type that are currently recorded:

Premises/Community Source Treatment Population / Roll MoH Notes Register *Schools/Education Horohoro School School Bore UV 52 2017 Ngakuru School School Spring UV + Filter 90 2017 Upper Atiamuri School School Spring UV + Filter 52 2017 Waikite Valley School School Bore Unknown 98 2017 Whangamarino School School Bore Ozone + Filter 130 2017 LakeRerewhakaaitu School Bore UV 92 2017 School *Food/Accommodation Rotokiwi Un-names Spring Sand Filter & UV 60 No 2004 Data Kiwi Ranch Okataina Ed & Rec Trust Camp Bore 100 2017 Camp Okawa Bay Resort Resort Bore Chlorine 200 2004 Data Tui Ridge Church Cased Bore Chlorine 100 2017 2004 Data Complex Lake Rotoiti Holiday Lake Rotoiti UV & Pre Filter Peak 150-200 No 2004 Data Park (2004) new bore (Taheke Motor Camp) Waiotapu Trust Youth Waikokomuka UV 50 2017 Camp Stream Okataina Lodge Lake Okataina UV 50+ Restaurant No Box 2391, Rotorua Waiotapu Tavern Unknown Licensed Premises No 2004 Data and Restaurant The Landing Café Spring Unknown No 2004 Data Mamaku Blue Winery Bore Unknown Licenses Premise No 2004 Data and Restaurant Tourism Lake View Golf Club Lake Rotoiti Unknown 200+ No 2004 Data Off Road NZ Unknown 100 No 2004 Data Hells Gate Bore Unknown Tearooms & Buses No 2004 Data Te Wairoa Buried Village Te Wairoa Stream Unknown 200 No 2004 Data Waimangu Volcanic Bore Unknown Restaurant & No 2004 Data Valley Tourists 200+/day RDC-910670 51 Council meeting ATTACHMENT 2 2 May 2019

Premises/Community Source Treatment Population / Roll MoH Notes Register Waiotapu Thermal Un-named Spring Unknown Restaurant & No 2004 Data Wonderland Tourists 200+/day Paradise Valley Te Waireka Springs Unknown 100 No 2004 Data Tumunui Complex Tumunui Hill Spring Unknown 20 No 2004 Data (Tamaki Tours) Solitaire Lodge Spring Unknown 20 No 2004 Data Waikite Pools & Bore Chlorine + filters Food Premise & No Monitored Camping Ground for arsenic Camping Ground by RLC up to 100 Moose Lodge Lake Rotoiti Unknown Accommodation 20 No 2004 Data Restaurant 50 Tree Tops Lodge Unknown No 2004 Data Waipa Sawmill Hemo Springs Chlorine 300 No Has approved Water Safety Plan

Assessment of Risks To Communities

RLC Serviced

Given the level of management and compliance described for RLC schemes, it can be seen that the risks to public health from consumption of water from these supplies is very low. In 2017 a Toi Te Ora Public Health drinking water assessor carried out a grading exercise to assign Ministry of Health Public Health Gradings. These are not a grading of the actual water supplied, but are a measure of the perceived risk to public health.

The gradings for all supplies range between Aa – “Completely satisfactory-extremely low level of risk” and Ab – “Satisfactory –very low level of risk”, except for Mamaku which has received a Ea grade due to the variable quality of one of the bores. This has now been addressed with the installation of additional treatment processes.

All supplies are operated in accordance with an approved Water Safety Plan which identifies and mitigates possible risks.

Other Communities (Water Supply)

It is obviously not practical to carry out a risk assessment for every source and system used by individual residential and farming properties scattered throughout the District.

However, there are generic risks inherent with all types of supply that are briefly described as follows:

Roof water is subject to variations in rainfall and it is unlikely that this source will provide an adequate supply in all extremes of seasons. Households relying on this source, even with storage, may experience periods of low supply that could impact on health and hygiene. Roof water supply essentially captures clean rainwater but it has the potential for immediate contamination on contact with the collection system. Roofing materials, even where well maintained, attract dust from the atmosphere such as from wood burners, or from roads or from fertiliser overspray. Birds, possums and other wildlife increase the risk of contamination by animal faeces and the collection of leaves or other decaying materials within gutters can create the conditions for rapid bacterial RDC-910670 52 Council meeting ATTACHMENT 2 2 May 2019

growth. Such conditions can result in a variety of health issues, the most common being gastro- intestinal complaints.

Current and historical land management practices present risks to public health through the potential for contamination of groundwaters and springs. Nitrates from fertilisers, as well as animal effluent, has the potential to enter groundwater resources through aquifer recharge or through flooding around well head structures.

Surface water supplies can also be susceptible to the ingress of contaminants from associated land use activities, particularly during periods of heavy rainfall and flooding where run-off finds its way into surface water bodies.

In some parts of the district, geothermally-influenced ground and surface waters can result in Arsenic concentrations which exceed maximum allowable values in the DWSNZ.

Regardless of the method of supply, storage has significant potential to result in risks to public health. Such concerns are elevated where communities rely on numerous, individual privately owned facilities, and where patterns of use are sporadic. The extent to which such systems are used, in connection with private dwellings and holiday accommodation, is unknown. The maintenance of any storage facility is critical but is often overlooked until a problem arises. Lengthy periods between maintenance can allow the build-up of material that creates the conditions for the growth of harmful organisms.

Lake waters are subject to microbiological contamination from both human and animal contamination(particularly waterfowl) as well as sewerage and stormwater discharges. The growth of algae can also result in build-up of toxins in the water that cannot be removed by boiling.

In assessing risks to the communities not served by RLC water supplies, it could be said that the consequences are LOW, as individual deficiencies would only affect a small number of people at a time. However, with many untreated, unmonitored and unmanaged sources/systems, the probability of problems can be classed as HIGH.

Combining these two, the overall risk would be MODERATE.

On a community-wide basis, this can be supported by the high level of satisfaction with individual water supplies expressed through the survey results.

One role for Council in mitigating these risks could be to extend existing supplies or to create new supply schemes. This is discussed in the next section and also in Councils asset management plan.

Where this is not feasible, council still has roles in accordance with its general duty under the Health act to “protect and promote public health”. Council periodically reviews its criteria for water quality in respect of new developments and buildings in non-reticulated areas and their ongoing compliance with the Building Act, particularly where the above water quality issues are present. Council has also developed a communications plan to ensure that operators of small supplies and self-suppliers are aware of the inherent risks to such supplies, and where to find information and assistance to mitigate these risks.

Councils accredited, registered laboratory also now offers a full sampling, testing and reporting service for non-Council supplied properties at no charge. RDC-910670 53 Council meeting ATTACHMENT 2 2 May 2019

Current and Estimated Future Demands Current and future demands have been assessed as part of the Asset Management Plan for Water Supplies, and capital upgrade and renewal projects are as scheduled in this plan to meet these future demands.

The preceding parts of the Assessment have analysed the existing services available, and through the processes undertaken have identified areas of concern mainly related to quality. The quantity of water available has not been raised as an issue but will need to be allowed for as growth and development occurs in the District.

Bay of Plenty Regional Council’s Water and Land Plan is currently undergoing a change (Plan Change 9) which is likely to more rigorously define allocation limits and rules, and require more use efficiency measures from municipal water suppliers. There is a risk that the amount of water available under current resource consents could be reduced, or require more onerous conditions to be met in order to retain them.

Growth

Against the possibility of reduced access to water sources is the expectation of population and business growth, and the resulting increase in water demand.

Council has adopted two growth assumptions: ‘Housing Accord’ for 10-year planning. ‘BERL Unrestrained’ for 30-year planning.

This approach is intended to minimise the risks for each planning horizon. Council has assumed the largest land area demand and infrastructure requirements over the 30-year horizon, but has assumed a lower level of revenue over the 10-year horizon.

Council has decided to make a projection in line with the Housing Accord target of 250 new residential dwellings per annum (125 in year one and 250 there on out). This equates to 0.9% annual population growth (assumed 2.6 people per household).

Growth in demand will also depend on the successful implementation of water demand management and water conservation measures. If successful, the growth in demand can be restricted to 0.01% for the medium growth and 0.9% for the high growth scenarios respectively. Council has embarked on pressure management and sectorisation of the water supply schemes. The commissioning of these measures are in process and results will become available in the next three years on all of the major schemes.

Level of Service Improvement

There are a number of areas of the district where there are drivers to consider new or extensions to existing RLC water supplies. Some of these drivers have prompted calls in the past for Council to consider provision of these new services. There are no plans in the current draft LTP to do so, but it is possible that drivers may change and Council will consider meeting such demand in future.

Some of these drivers are:

Lake-sourced water

RDC-910670 54 Council meeting ATTACHMENT 2 2 May 2019

This includes individual properties in Rotoma (east of the currently-supplied area), Rotoiti (Okawa Bay, Mourea, Okere, Otaramarae), Tarawera, Okaro and Rerewhakaaitu.

These lakes are of varying quality, and in particular suffer from differing degrees of toxic algae bloom. Those of highest risk are Okaro and Rotoiti although all have the potential to pose a risk in future.

At present there is no readily available treatment for individual water-sources (Boiling, and chlorination do not inactivate the toxic cyanobacteria), and therefore some public or group water supplies may be an option.

Arsenic in Groundwater

Geothermal waters within the district are known to have elevated levels of arsenic, and this has been detected in some small water sources in areas subject to geothermal activity. Treatment devices are available for individual properties, and Councils current role should be to ensure property-owners have access to information about the risks inherent in these sources.

General Improvement in Risk for Rural communities

The Medical Officer of Health has expressed a desire to see Council progressively supply safe drinking water to a greater proportion of the existing community, in order to bring non-serviced areas up to the same level of protection as serviced areas. At present there are no plans in the current Long Term Plan to progress this. Council needs to consider the costs and benefits of such improvement programmes, and balance them against other programmes benefiting public health including extending reticulated wastewater services which is currently underway. The prioritisation of these programmes should be considered during the development of each new Long Term Plan.

Other

Where future development is located beyond the reach of Council networks, it will still need to make appropriate provision for water supply. Proposals designed to serve additional “communities”, such as Sports Clubs. Hospitality Industry, Schools and Camps, will involve potential health risks associated with the provision of supply, storage, treatment and maintenance. Consenting processes will continue to provide the mechanism to apply appropriate scrutiny.

As discussed in 5.5.2, Council has developed a communications strategy to provide education to private and self-suppliers in reducing risks from their water supplies, and expects that demand for this type of community support will increase.

WASTEWATER

RLC Serviced

Services Available

The whole of the Rotorua Urban area including the Eastern suburbs and Ngongotaha is served by the Rotorua Urban Wastewater System.

Since 2006 Council has progressively been extending the sewerage network to include a number of lakeside communities including Hamurana, Hinemoa Point, Rotokawa, Brunswick Park, Mourea, RDC-910670 55 Council meeting ATTACHMENT 2 2 May 2019

Okawa Bay, Whangamarino, Okere, Otaramarae and Okareka. Most of these areas use a low- pressure grinder pump (LPGP) system to collect and transport the sewerage to the urban network for treatment at the Rotorua WWTP.

Council has also commenced the construction of a sewerage system that will serve communities from Gisborne Point to Hinehopu at Lake Rotoiti, and also the Lake Rotoma community. This system will use on-site pre-treatment for solids separation and new treatment plant will be built at Rotoiti for the liquid component.

A sewer connection is available to every separate property within these areas.

The Rotorua WWTP treats the sewerage to a high standard, and the liquid effluent is disposed of via spray irrigation in the Whakarewarewa Forest, and the bio-solids are transported out of the district to be vermicomposted.

The Rotoiti WWTP will also treat the liquid to a very high standard, and the effluent will be disposed of via infiltration trenches on nearby land. Solids from the pre-treatment systems will be transported to the Rotorua WWTP, as will biosolids from the treatment process.

Full details of the system are contained in the Asset Management Plan for Wastewater Services.

Quality of Service

The management of the wastewater system and services is carried out by the infrastructure services group of council, in accordance with regularly updated Asset Management Plans and in compliance with the Resource Management Act and resource consents issued by the Bay of Plenty Regional Council.

As at Performance Measures 2017/18 Targets 30 Jun 2018

≤ 5 / 1000 1.98 / 1000 The number of dry weather sewerage overflows from the territorial connections connections authority’s sewerage system, expressed per 1000 sewerage connections to that sewerage system. Compliance with the territorial authority’s resource consents for discharge from its sewerage system measured by the number of: a) abatement notices b) infringement notices 0 0 c) enforcement orders d) convictions received by the territorial authority in relation to those resource consents. Where the territorial authority attends to sewerage overflows resulting from a blockage or other fault in the territorial authority’s ≤60 sewerage system, the median attendance time from the time that 37 minutes minutes the territorial authority receives notification to the time that service personnel reach the site. RDC-910670 56 Council meeting ATTACHMENT 2 2 May 2019

Where the territorial authority attends to sewerage overflows resulting from a blockage or other fault in the territorial authority’s ≤ 210 sewerage system, the median resolution time from the time that the 146 minutes minutes territorial authority receives notification to the time that service personnel confirm resolution of the blockage or other fault. The total number of complaints received by the territorial authority about any of the following:  sewage odour  sewerage system faults ≤ 10 / 1000 17.8 / 1000  sewerage system blockages, and connections connections  the territorial authority’s response to issues with its sewerage system, expressed per 1000 connections to the territorial authority’s sewerage system

Council also commissions annually a survey of customer satisfaction with its services, carried out by the National Research Bureau. Results from this survey have consistently shown satisfaction rates with the wastewater service provided averaging 97% over the past 3 years.

Non-RLC Serviced This community comprises mostly individual scattered farming or lifestyle properties, but also includes several more densely populated groups of residential dwellings such as: Reporoa Kaingaroa Parekarangi Mamaku Lake Tarawera

The localities of Lake Rotoma and Gisborne Point/Hinehopu (Lake Rotoiti) are included in the RLC Serviced Areas community as construction has commenced on the public sewerage scheme to serve them.

Also included are the Work/Accommodation/Education facilities identified in section 5.5.

Services Available

Of the above 5 residential areas, only Kaingaroa has a reticulated sewerage scheme, which serves the households and businesses in the village, and conveys the sewage to oxidation ponds which discharge to land several kilometres from the village. This discharge is covered by Environment BOP Discharge Permit No. 25177.

A cluster of industrial businesses in the Waipa valley, including the Waipa Red Stag sawmill are served by a sewer system operated by Red Stag mill. This discharges to oxidation ponds and a land- based effluent disposal system in the Whakarewarewa Forest.

The areas of Reporoa and Parekarangi were investigated in a report “Small Community Sewerage Schemes – Identification of Options” in 1996. High groundwater levels at times were creating RDC-910670 57 Council meeting ATTACHMENT 2 2 May 2019

problems with effluent soakage, causing septic tanks to overflow and associated public health problems. After investigation, a drainage system for Reporoa was installed, including some groundwater drainage which has alleviated the sewerage problems.

Apart from Kaingaroa and Waipa, other properties in the district outside RLC serviced areas have either consented on-site effluent treatment (OSET) systems or septic tanks with or without soakage fields. OSET systems are subject to regular inspection and maintenance but the quality of construction and maintenance of septic tank systems is extremely variable.

To gather additional information on rural wastewater services, the survey carried out in 2004 asked for details of the methods of sewerage disposal used by every inhabited rural property. This survey included properties in lakeside communities that have since been incorporated into a Council network.

A summary of results for these areas combined is as follows:

Properties surveyed 3948 Responses received 1988 (50%) Method used: % of responses

Septic tank with soakhole 1172 59 Septic tank with effluent drain 528 27 Long drop 6 0.3 Other (unspecified) 121 6

Given that the requirements to install OSET systems has been extended and enforced, it is likely that the percentage of properties with septic tanks has dropped slightly, as the uptake of OSET systems has increased.

Health Risks To Community from Absence or Deficiency in Service

RLC Serviced

Although the wastewater system is well-managed and the treatment process is well-controlled, the effluent sprayed into the Whakarewarewa forest via the land disposal system is not sterilised, and there is a moderate microbiological risk to persons coming into contact with the sprayed area. This risk will increase as recreational use of the forest increases.

Council is currently planning a major upgrade of the treatment process which will involve membrane filtration and ultraviolet light sterilisation, and remove the microbiological risk from the effluent. It is also proposed to decommission the forest disposal system, and discharge the effluent to a new land-contact system and into Lake Rotorua.

From time to time, overflows from the network occur due to blockages or from rain-induced capacity issues. Council has operational response plans and clean-up processes to minimise health risks from these events.

The Medical Officer of Health has identified management of sewage sludge as a particular risk to be assessed. The management of solids arising from the treatment process is not covered by Councils solid waste assessment under the Waste Minimisation Act. There are two solid waste streams arising from the wastewater treatment process – screenings and biosolids (sludge).

RDC-910670 58 Council meeting ATTACHMENT 2 2 May 2019

Screenings are collected via a sealed conveyor and discharged into sealed bins, which are then transported by a contractor to the Rotorua Landfill/Transfer station, where they join the general solid waste stream which is now transported out of the district to be landfilled.

The sludge remaining after the treatment process is dewatered to 18-20% solids content, and transported by truck to a vermicomposting operation near Kawerau. Council has a contract with the transporter/composting contractor for this service which expires in 2019, but is currently in the process of making long-term arrangements for this to continue.

Both the contractors involved in transporting and processing these two waste streams have all the required licences and consents to transport hazardous materials, to dispose of/process the solids at their respective sites, and in the case of vermicomposting to apply to land as a fertiliser/soil conditioner.

Overall, the risks from any deficiencies in the wastewater service are considered to be low.

Non RLC Serviced

The previous survey of rural areas showed that from 2426 respondents, 2219 or 91% used septic tanks for disposal, which is as would be expected.

The NIWA Septic Tanks Leachate Study for Rotorua Lakes Report referred to in 6.2.1 reported on risks to both the environment and public health from sewage discharges in areas serviced by septic tanks.

The report concluded that there were risks to public health in most of these areas, either through recreational use of surface waters, or through contamination of drinking water bores and lake waters.

This has been recognised, with Council taking steps to deal with these risks by the implementation of lakeside sewerage schemes over recent years, and continuing with Rotoiti/Rotoma and Lake Tarawera in future.

One particular area that has been raised as a concern is Mamaku, where difficult soil conditions for effluent drainage have contributed to intermittent contamination of open stormwater drains. A sewerage scheme is outside the window of the 2018 Long Term Plan, but community discussion about this issue is increasing, and both RLC and the Bay of Plenty Regional Council are working together on preliminary investigations.

Current and Estimated Future Demand for Services The currently-planned upgrade of the Rotorua wastewater treatment plant, the Rotoiti/Rotoma sewerage scheme and the Tarawera sewerage scheme have all been designed to cater for growth and expansion of the serviced areas out to at least 2050.

The growth estimates used for these designs are based on the latest population studies, availability of land, and land use allocations according to the District Plan.

As mentioned above, there have been calls for consideration of the implementation of a sewerage scheme for Mamaku township, and these are likely to continue. Because of the distance of the township from the Rotorua WWTP, a scheme for Mamaku would be likely to have a stand-alone treatment plant, which would be subject to best practice environmental design. RDC-910670 59 Council meeting ATTACHMENT 2 2 May 2019

Actual or Potential Consequences of Sewage Discharges within the District Sewage discharges are subject to the regulatory framework of the Resource Management Act and the Bay of Plenty and Waikato Regional Plans. Discharges can arise due to unforeseen events such as storm events, technical malfunctions or poor maintenance. As the majority of the council’s water supply networks rely on groundwater abstractions, they are not greatly vulnerable to such events. If they were to occur, they have the potential to result in significant risks to public health through the introduction of contaminants and to generally affect the suitability of supplies for abstraction through issues such as turbidity and discolouration.

The risks to public health in those areas served by well managed and compliant network are minimal. However, not all parts of the district receive that level of service and such risks are significantly elevated for such communities. Sewage discharges will gravitate towards water courses and lakes and therefore threaten surface water supplies. Storm events can also be of such intensity that they flood septic tanks and saturate effluent fields, resulting in contaminated run-off beyond the soakage areas. Through leaching or groundwater recharge, such contaminants can also reach groundwater sources, increasing the vulnerability of communities served by shallow bores or unconfined aquifers.

Changing weather patterns are anticipated over the long term. The anticipated effects for Rotorua are more frequent extreme weather events. Periods of high rainfall increase the risk of flooding which can have short term effects on water quality and its suitability for supply. All of these aspects, including the projections regarding climate change, are reflected in the Council’s Asset Management Plans for its own infrastructure, but they will be equally significant in relation to private service provision. Opportunities for direct intervention to ensure minimisation of such risks are limited.

It is essential for good health that every household and building has a means of managing wastewater in a sanitary manner. Ideally, a well-managed centralised or networked sewerage system is the best option to achieve this. However, for many rural localities, it is not practical or cost-effective to achieve this.

Current planning controls that are in place to ensure that properties have effective means of managing wastewater include:

 Rotorua Lakes Council District Plan Section B - Subdivision

Water quality has been identified as a key environmental issue along with sustainable design and development of land, including improving public health.

Subdivision objectives include water quality improvements, demonstration of adequate sewage disposal, including the minimisation of adverse effects on water quality, the environment and public health.

Subdivision rules require connection to reticulation sewerage systems where they are available. Where a reticulated system is not available, Regional Council rules for onsite effluent disposal and associated land disposal fields must be adhered to. There are minimum lot size rules so that there is sufficient area to meet Regional Council rules.

 Bay of Plenty Regional Council – On site effluent treatment Regional Natural Resources Plan RDC-910670 60 Council meeting ATTACHMENT 2 2 May 2019

The Regional Council is currently amending its rules to ensure OSET systems are designed for factors at the site (e.g. soil type, distance to water and depth to ground water) and to ensure that they are maintained and continue to work well. Old fashioned septic tanks are no longer permitted. New systems must be designed by approved system designers.

Where development already exists, the role for the Council is essentially one of providing education and support to assist communities in taking appropriate steps at a local or household scale to protect public health. This may include assisting with investigations for soil conditions, providing laboratory services and providing information on appropriate on-site systems and their maintenance.

STORMWATER

RLC Serviced

Services Available

RLC operates stormwater networks in the main city urban area and surrounds, and a number of smaller rural and/or lakeside localities including the Reporoa farming drainage area. These networks are shown on Council’s Stormwater Drainage As-Built Plans.

The Stormwater Drainage Infrastructure is a series of pipes, channels and natural watercourses, utilising as much as possible the natural contour of the land. Publicly owned land particularly in the road reserves is utilised for installation of the piped network. In parts of the urban area where soils have high porosity, some reliance on ground soakage is made.

Quality of Service

The management of the stormwater system and services is carried out by the infrastructure services group of council, in accordance with regularly updated Asset Management Plans and in compliance with the Resource Management Act and resource consents issued by the Bay of Plenty and Waikato Regional Councils.

As at Performance Measures 2017/18 Targets 30 Jun 2018 The number of flooding events that occur in a territorial authority ≤ 2 2 district. For each flooding event, the number of habitable floors affected. ≤ 0.5 / 1000 (Expressed per 1000 properties connected to the territorial rated 6.3 authority’s stormwater system). properties RDC-910670 61 Council meeting ATTACHMENT 2 2 May 2019

Compliance with the territorial authority’s resource consents for discharge from its stormwater system measured by the number of: a) abatement notices b) infringement notices 0 0 c) enforcement orders d) convictions received by the territorial authority in relation to those resource consents. The median response time to attend a flooding event, measured ≤ 60 from the time that the territorial authority receives notification to N/A minutes the time that service personnel reach the site. The number of complaints received by a territorial authority about ≤ 20 / 1000 5.2 / 1000 the performance of its stormwater system, expressed per 1000 rated rated properties connected to the territorial authority’s stormwater properties properties system.

The results for habitable floors and response times were affected by the significant rain event experienced on 29 April 2018 which resulted in a civil defence emergency being declared.

Council also commissions annually a survey of customer satisfaction with its services, carried out by the National Research Bureau. Results from this survey have shown satisfaction rates with the wastewater service provided between 84% and 95% over the past 3 years.

The design standards for the network are based on the Building Code which requires dwellings, buildings etc – to be protected from a flood with a probability of 0.02 (i.e. 1 in 50yr flood) and the land to be protected from a flood with a probability of 0.1 (i.e. 1 in 10yr flood), where probability means probability of occurrence in any one year. Essentially this means that the main network (pipes, channels etc) are designed to cater for the one in 10yr event with provision for overflows to secondary overland flow paths, storage areas etc for up to the 1 in 50yr event.

The system may not however perform as expected due to a number of reasons:

Rainfall/runoff patterns may be quite different from design scenarios. Blockages may occur within the system during events. Incorrect design assumptions.

To mitigate these risks a maintenance contract is in place with specified performance levels and an inspection regime that concentrates on “at risk” areas.

Discharge of stormwater is controlled under the Bay of Plenty Regional Council’s Land and Water Plan (BOPRC LWP). The BOPRC LWP sets out the rules for permitted activities and, if outside of this, specific consent is required. The Plan promotes the use of catchment wide (comprehensive) consents for the management of stormwater. To date Council has gained consents for Rotokawa (Airport, Eastgate etc), Tarawera (Spencer Road) and Mamaku Village catchments. Further comprehensive consent applications have been submitted and are currently being processed by BOPRC for the Rotorua Urban Area and Okareka catchments. These comprehensive consents specify conditions regarding the rate and water quality of the discharge at catchment outlets, and may also obtain conditions to address specific catchment issues such as flooding and erosion.. To ensure Council remains within its consent requirements, high-risk facilities are required to be licensed under the water services by-law. In this way Council is able to control discharges direct to the stormwater network and take appropriate action against breaches of those consent conditions. RDC-910670 62 Council meeting ATTACHMENT 2 2 May 2019

Non-RLC Serviced Areas

Services and Quality Available

In areas not serviced by RLC, stormwater drainage is facilitated by topography and the naturally occurring watercourses and streams, with very minor modifications such as private open drains. In these areas, human habitation and development has occurred taking advantage of these natural features, as well as the free-draining pumice soils.

Buildings and developments are subject to the District Plan and Building Act which ensure that adequate drainage is provided away from habitable buildings to either ground soakage or watercourses.

Runoff associated with roads is dealt with by way of maintenance under the transport activity. Outside of this, drainage/stormwater is considered a Regional Council function under the Soil Conservation and Rivers Control Act 1941. There are catchment schemes constituted under this Act within Rotorua District:

- Paeroa Range Scheme - Waikato Regional Council - Upper Kaituna Catchment Control Scheme - Bay of Plenty Regional Council

The Paeroa Range scheme essentially provides for soil conservation measures and the Kaituna scheme flood protection (to 0.01 probability) and soil conservation measures for the Rotorua basin.

Current and Future Demand

Urban

The topography of the Rotorua Basin, with relatively small catchments and absence of major river systems mean that flood risk in Rotorua City will be isolated to relatively small areas for rainfall events within the 50-year design envelope. The design standards of the Building Code are considered adequate to cater for this. There is a risk that extreme lake levels could flood significant areas, and this is managed by way of hazard mapping of existing properties and minimum floor levels on future developments. Lakes Rotoiti, Rotoma and Okareka are also able to be controlled through the operation of weir systems.

As growth occurs within the Urban area, and particularly in elevated areas of the basin, the capacity of stormwater networks lower in the basin is tested. Council’s strategic planning documents including the Infrastructure strategy have factored this projected growth.

Rural

For the small rural communities future demand is expected to remain low. Little public demand is made for additional services and is mainly restricted to maintenance of existing services. Unless land use changes require a higher level of service there is unlikely to be any significant future increase in demand.

Rural catchments are also relatively small and steep with no major river systems so the risk of major widespread flooding is relatively small. There are rural communities at some long term risk e.g. Gisborne Point, Hinehopu, from extreme events that are considered outside of the drainage standard provided by Council and are Regional Council issues. RDC-910670 63 Council meeting ATTACHMENT 2 2 May 2019

Risks from Absence or Deficiency of Service Section 126 (1) (b) of LGA 2002 requires an assessment of the risks to the community relating to the absence of or deficiency in a stormwater system. The rural (farmed) portion of Rotorua District has no publicly funded stormwater system provided, apart from a network of open drains in the Reporoa basin. Otherwise there is a complete reliance on natural drainage channels. The Bay of Plenty and Waikato Regional Councils do have a responsibility under section 30 of the Resource Management Act to manage hazards as does the District Council under section 31. Flooding hazard in rural areas is managed by way of requiring developers to prove development is clear of that hazard. While there are some risks associated with this approach, specific site data is simply not available at all sites to provide a better assessment. It is normal for a conservative approach to be taken when assessing applications.

Further the Catchment Authority (Regional Council) has under section 126 of the Soil and Conservation and Rivers Control Act 1941 the power to provide flood protection works, regulate the flow of any watercourse etc. Under this Act therefore it is seen as a Regional Council function to provide stormwater services to most rural areas rather than the District Council.

Actual or Potential Consequences of Stormwater Discharges Within the District Stormwater discharges are subject to the regulatory framework of the Resource Management Act and the Bay of Plenty and Waikato Regional Plans. Systems are designed to allow discharges into watercourses and lakes, but problems can occur due to storm events or poor maintenance. As the majority of the council’s water supply networks rely on groundwater abstractions, they are not greatly vulnerable to such events. If they were to occur, they have the potential to result in significant risks to public health through the introduction of contaminants and to generally affect the suitability of supplies for abstraction through issues such as turbidity and discolouration.

Changing weather patterns are anticipated over the long term. The anticipated effects for Rotorua are more frequent extreme weather events. Periods of high rainfall increase the risk of flooding and the transport of sediments and faecal contamination from farmland which can have short term effects on water quality and its suitability for bathing or supply. All of these aspects, including the projections regarding climate change, are reflected in the Council’s Asset Management Plans for its own infrastructure, but they will be equally significant in relation to private service provision. Opportunities for direct intervention to ensure that such risks are minimised, are limited. The extension of Councils water supply and wastewater networks where practical and cost-effective is the most effective strategic response, although it has potentially significant cost implications. Where such opportunities are impracticable, the most appropriate approach is to ensure that suitable measures and contingencies are made at the design stage of development and construction. Where development already exists, the role for the Council is essentially one of ensuring appropriate maintenance strategies are implemented.

RDC-910670 64 Council meeting ATTACHMENT 2 2 May 2019

CEMETERIES

Overview Rotorua Lakes Council (RLC) has an obligation under part two of the Health Act 1956 to protect public health. Under the Burial and Cremations Act 1964 it is also the duty of Council “where sufficient provision is not otherwise made for the burial of bodies of persons dying within its district, to establish and maintain a suitable cemetery.”

RLC currently maintains and manages five cemeteries in the Rotorua District. Of these, four are owned by RLC. These are the cemeteries at Rotorua, Reporoa, Mamaku and Ngakuru. A fifth cemetery, Kauae, is maintained by RLC on behalf of the Kauae Cemetery Trust Board in whom the land was vested in 1922.

Council operates an interment and cremation service in accordance with the Burial and Cremations Act 1964, the Health Act 1956, the Cremation Regulations 1973, the Rotorua District Council General Bylaw 2017 (based on NZS9201) and the Kauae Cemetery Regulations. A comprehensive record of interments is maintained at the Council offices in Rotorua with records also kept at the Cemetery office in Sala Street. The information is readily available on request to family, relatives and friends. It is often used for genealogical research.

Cemetery operating hours for burials, cremations and chapel services are 8.00am to 4.30pm every day except Christmas Day. Council provides a 24/7 reservation service allowing funeral directors and family certainty in arranging disposal of remains.

The Urban Community

Existing Services

The Rotorua and Kauae Cemeteries are located in or on the fringe of the urban area and serve the urban community and members of the rural community who do not have ready access to or do not wish to use rural cemeteries or urupa.

a) Rotorua Cemetery

The Rotorua Cemetery dates from 1882 and includes some victims of the Tarawera eruption of 1886. The cemetery is located on Sala Street on reserve land vested in the Rotorua Lakes Council for cemetery purposes. The cemetery utilizes around 6 hectares of the available reserve. However the remainder of the land is considered to be unusable for cemetery purposes as it has been used in the past for landfill, nightsoil disposal and has a high water table that shows evidence of geothermal activity. Part of the cemetery reserve is now used for recreation purposes (Short drive and putt).

The Rotorua Crematorium and chapel are located on the grounds of this cemetery. The cemetery has largely reached capacity for burial of adults as there are no plots left unreserved. However, the cemetery has sections for stillborn, children and returned servicemen that still have capacity. The children’s section has 90 plots remaining and the RSA section has around 65 plots.

In addition to the RSA, stillborn and children’s sections, this cemetery also has a section set aside for Catholic burials. The Catholic section has 40 plots remaining.

RDC-910670 65 Council meeting ATTACHMENT 2 2 May 2019

The Rotorua Cemetery has had an average of 40 burials a year for the last four years with no discernible upwards or downwards trend. Of the forty burials per annum, about 10 are in the RSA plots, and about 5 are children. The majority of the remainder are re-opens with a few burials occurring in reserved or empty plots.

In addition to burials, this cemetery has provision for a range of ash internment options including berms, memorial gardens and a niche wall.

b) Kauae Cemetery

The Kauae Cemetery Trust Board own the land and administer the Kauae Cemetery which is located on the corner of Henderson and Ngongotaha Roads. The cemetery occupies around 6 hectares of an 8 hectare block. The land is elevated and slopes gently to the east. Soils are free draining pumice loam and water tables are well below digging depth.

The cemetery and Trust Board were established by legislation in 1922, and the cemetery has been in use as a public cemetery since 1924. The Trust Board is constituted of four Rotorua Lakes Councillors and four Ngati Whakaue representatives. The Trust Board are responsible for the financial management of the cemetery as well as any improvements or upgrades. The day to day running of the cemetery including maintenance and burials is contracted to RLC on a non-profit basis.

Prior to Kauae becoming a public cemetery it was a Ngati Whakaue urupa. A large portion of the cemetery is reserved for Ngati Whakaue burials (5150 plots). Of these around 1500 plots are occupied. In addition to this there are 1800 public burial plots occupied with 100 remaining and room for a further 900 to be constructed. Current rates of burial at Kauae average 100 per annum. However this figure has been trending upwards for the last four years and future demand will need to reflect this. On average 25 of these burials are in the Ngati Whakaue section and a further 10 are re-opens. Therefore the remaining 1000 plots can expect to last 10 to 15 years. Of the 250 plots provided for RSA, around 10% are utilized. As the remaining plots in the RSA section of the Rotorua Cemetery are filled however, demand for these plots will increase.

Whilst Ngati Whakaue have room for another 3650 burials providing capacity for another 140 years, all plots have been reserved. Although the bulk reservation of plots by some families has created some inequities in terms of access, to date only a very few individuals have had to be buried in the public section of the cemetery because they were unable to get into the Ngati Whakaue section.

c) Cemetery operating procedures

Operating procedures for both cemeteries are well documented and comply with relevant regulations and legislation. Procedures have been developed to protect public health, the health and safety of staff, and maintain the appropriate level of respect and courtesy to the deceased and their relatives.

Current and Estimated Future Demand

At present the average rates of burial are as follows:

RDC-910670 66 Council meeting ATTACHMENT 2 2 May 2019

Cemetery RSA Children New adult plots Ngāti Whakaue Re-opens Rotorua 10 5 5 - 20 Kauae 5 - 70 25 10

Taking into account changing demographics, trends in use, and shifting use from one cemetery to another as the Rotorua Cemetery fills, the anticipated life of each cemetery for each type of burial can be projected within a range allowing for best case and worst case scenarios:

Rotorua Cemetery Kauae Cemetery RSA 5 to 7 years 15 to 20 years Children 10 to 20 years No children’s section General Depends on the rate of use of the 5 to 7 years reserved plots Ngāti Whakaue - 120 to 150 years

It is apparent that with projected demand the limiting factor will be the amount of space in the public section of the Kauae Cemetery. With current rates of burial it can be expected to last 10 to 15 years. However this will be reduced to 6 to 10 years by gradually increasing demand.

Assessment of Options

Rotorua Lakes Council has an obligation under the Burial and Cremation Act to provide and maintain cemeteries where sufficient provision is not otherwise made. In this case, although Ngati Whakaue, children (up to 12 years) and veterans are provided for some time to come, Council will need to make provision for the general public.

a) Expansion of Rotorua Cemetery

There is considerable unused reserve land on the margins of the Rotorua Cemetery. . However, this is unsuitable due to past land-use and subsoil conditions.

b) Expansion of Kauae Cemetery

There is no further ability to expand the Kauae Cemetery within the land currently set aside once the remaining areas have been developed into blocks. The western end of the land on the flanks of Mt Ngongotaha is the oldest part of the urupa and is dotted with remains and unmarked graves. Ngati Whakaue Tribal Lands Inc are the owners of the land surrounding the cemetery. There may be potential in the future to expand the Cemetery into adjoining areas.

c) Reallocation of plots within Kauae Cemetery

The only section of the cemetery that has excess capacity is the Ngati Whakaue section of the Kauae Cemetery. However, the regulations for the urupa that are made by order of the Maori Land Court specify that 2.6576 hectares of the block is to be set aside for interment of Ngati Whakaue. This was a condition of the establishment of the cemetery for public burials. Any variation to the regulations to reduce the land available would be unacceptable to Ngati Whakaue.

d) Convert existing Council reserve land to cemetery purposes

There is potential for this option assuming that Council has land that fits the specifications. Such reserve land would need to be reclassified which would involve public consultation. However, this will be a requirement for any establishment of a new cemetery. A new cemetery RDC-910670 67 Council meeting ATTACHMENT 2 2 May 2019

would ultimately replace both the Rotorua and Kauae Cemeteries, although the latter will continue to be used as a Ngati Whakaue urupa for some time.

e) Purchase of Land for new Cemetery

After evaluation of the various options Council has purchased a block of bare land on State Highway 5 (706 S HWY 5). The land measures approximately 13 hectares, with allowing for the development of infrastructure on site it has been estimated that development of a new cemetery here would provide for around 110-125 years of burials for the District.

Council has been working with groups of interested parties over what should be included in the new cemetery. To date Council has confirmed as area for natural burials and the requirements of the Muslim community. We will continue to work with other areas of our community around their individual requirements and how these could possibly be meet within the new cemetery.

The Rural Community

Existing Services

The rural community is also serviced by the Rotorua and Kauae Cemeteries. However, in addition to these there are three small rural cemeteries at Mamaku, Ngakuru and Reporoa.

a) Mamaku Cemetery

Mamaku Cemetery has operated since the early 1900’s when the township was developed around the timber milling industry. The cemetery is located on reserve land on the corner of Maire Street and Kaponga Street, and provides both burial and cremation plots. The reserve is over 2 hectares in extent although only around 1600m2 has been developed. The remainder of the land is being grazed by a neighbour until it is needed for cemetery.

There are 135 vacant burial plots available in the developed area, and enough cremation plots to last 80 years at current rates.

b) Ngakuru Cemetery

The Ngakuru cemetery is located within the Ngakuru township behind the church. It is approximately 4000m2, although only part is developed. This is Council’s most recent cemetery, and was opened in 2000 as a result of lobbying by the Ngakuru community to provide a service for the Ngakuru and Waikite Valley communities.

The cemetery has 30 burial plots immediately available and space for a further 178 to be developed. The unused portion of the cemetery is grazed.

c) Reporoa Cemetery

The Reporoa Cemetery is located near the corner of Homestead and Broadlands Road. It was opened in 1994 after Council purchased land to provide a cemetery for families in the area. The cemetery is approximately 4000m2 although less than half is developed.

There are 115 burial plots immediately available as well as many cremation plots. The number of burials varies from year to year but averages one per year. RDC-910670 68 Council meeting ATTACHMENT 2 2 May 2019

d) Cemetery operating procedures

Operating procedures for all three cemeteries are well documented and comply with relevant regulations and legislation. Procedures have been developed to protect public health, the health and safety of staff, and maintain the appropriate level of respect and courtesy to the deceased and their relatives.

Estimated Future Demand for Services

The number of burials in these cemeteries has varied over the last few years from zero to four, with no discernible trend. Burials are unlikely to increase significantly in the rural community. Based on an average of one burial per annum each cemetery can expect to have well over 100 years life expectancy.

Assessment of options

The rural community is well catered for by the existing cemeteries and this situation is expected to continue. There is no unmet demand that is sufficient to create a health issue. Although not every community has a cemetery (e.g. Kaharoa, Rotoiti, Tarawera, Kaingaroa) the cost of provision of this service to every rural community far outweighs any benefit in terms of public health. All communities are within a half hour drive from Rotorua, and can be adequately serviced by the Rotorua and Kauae Cemeteries for the short term.

Tangata Whenua Community

Existing services

Maori make up 37% of the population of the Rotorua District. Maori are traditionally buried rather than being cremated. As previously mentioned, over 2.5 hectares of the 6 hectares available at the Kauae Cemetery is set aside for Ngati Whakaue burials. This is because the land for the cemetery was provided by Ngati Whakaue. There is also a section in the Kauae Cemetery set aside for Tuhoe. Other hapu or sub-tribes of Te Arawa are buried either in urupa or in the public section of the cemetery.

In the Rotorua District there are 32 marae. Each of these is associated with at least one urupa. Use of the urupa is restricted to those who can whakapapa back to particular whanau, or to the marae and the whenua, but most urupa are currently in use. Around 30 burials a year would occur on urupa.

Operating procedures for urupa are also determined by the Burial and Cremations Act 1964. Council has no records of those buried within Urupa.

Anticipated demand for services

Ngati Whakaue and Tuhoe are well catered for at the Kauae Cemetery. Other hapu or sub-tribes of Te Arawa are catered for in the public section of Kauae or in the various other cemeteries. Therefore, demand for services for Maori is met in the same way as demand for general burials. In addition some Maori will have the option of burial in an urupa.

Council has to date chosen not to assume a role in the management and maintenance of other urupa throughout the district, leaving this instead to the landowners themselves. However it is RDC-910670 69 Council meeting ATTACHMENT 2 2 May 2019

acknowledged that the availability of urupa reduces demand on Council burial plots by around 30 burials a year.

Overall Quality and Health Risks Council provides cemetery services for the urban and rural communities which meet its obligations under the health Act and the Burials and Cremations Act. Options also exist for tangata whenua to be buried in various urupa.

There is currently no unmet demand for cemetery services, and options exist to ensure that capacity will be in place to service future demand.

There are no public health risks to communities related to cemeteries services.

RDC-910670 70 Council meeting ATTACHMENT 2 2 May 2019

CREMATORIA

Existing Services There is one crematorium in the Rotorua District which services the entire community. The Crematorium is located in the grounds of the Rotorua Cemetery on Sala Street and also contains the cemetery office and chapel. The Rotorua Crematorium was opened in November 1963. Full cremation services are available including various options for the internment or scattering of ashes. The attached chapel seats up to 150 people and can be used for either burial or cremation services. There are between 400 and 450 cremations per annum. The figure varies somewhat as the Rotorua Crematorium provides a service for South Waikato, . The Rotorua Crematorium also provides a back-up service for Hamilton, Tauranga and surrounding areas.

Operating procedures The operation of the crematorium is strictly controlled by well documented procedures. These ensure a safe working environment, and safe and efficient disposal of remains. Ashes are returned either directly to family or to funeral directors. A variety of cremation plots are available at all Council cemeteries for internment of ashes.

Maintenance The Crematorium and in particular the cremator unit itself is the subject of several maintenance contracts including general maintenance, plant maintenance, cremator maintenance and chemical cleaning. Total annual expenditure on maintenance is around $20,000.

Anticipated Demand for Services As with burials, the demand for cremations can be expected to increase with time. However, the main impact on changing demand is not from within the Rotorua community but from surrounding districts. As Rotorua provides a partial service to Whakatane, Opotiki, Taupo, and Tokoroa, demand tends to fluctuate as funeral directors switch allegiance from one service provider to another. The establishment of alternative service providers in these centres can have a huge impact on demand. Quality of service therefore generates demand as much as does demographics.

At present the Rotorua Crematorium handles between 400 and 450 cremations per annum, an average of around one to two a day. However, in practice caskets arrive for cremation at a rate of anywhere between zero and six in any one day. During normal working hours, it is possible to cremate up to six caskets in a day. However this is a full-time occupation and requires more than one staff member if services or burials also need attention.

The crematorium can comfortably manage 3 to 4 cremations a day or 750 per annum (normal working days only) and the Council’s Long Term Plan provides for an upgrade to the cremator in the 2018-19 year which is currently underway as of March 2019. There is therefore plenty of capacity to cater for an increase in demand.

At present caskets are cremated the same day they are delivered by the funeral directors and are only very occasionally held overnight. The Rotorua Crematorium has no refrigeration facilities so cannot hold caskets for any length of time before cremation unless remains have been treated with a long term embalming fluid. RDC-910670 71 Council meeting ATTACHMENT 2 2 May 2019

Public Health Risks There are no health issues relating to the management, operation or maintenance of the Rotorua Crematorium. It provides a high level of service, as evidenced by the number of out-of-town funeral directors that continue to use the Rotorua Crematorium even when they have other options that are closer.

Public health risks to communities within the district related to cremation services are assessed to be low.

PUBLIC TOILETS

Rotorua Lakes Council (RLC) has an obligation to provide safe & convenient to use public toilet facilities of appropriate design and quality in terms of New Zealand Standards 4241.

RLC will also provide an efficient and effective cleaning/janitorial service for public conveniences, sufficient to meet the needs of the community and visitors. The cleaning service through rewriting of the service contract is proposed to move to a more responsive management footing which will respond to changes in demand on a daily/weekly and annual cycle.

The minimum standards of service will be – comprehensive early morning cleaning/re stocking/damage/graffiti check/repeat of function at midday and attendance in cases of damage/ emergency/offensive graffiti and special events.

Existing Services

CBD and other shopping precincts

There are a total of 13 public toilets within the CBD area which includes the Ngongotaha township.

a) There are 4 blocks of Exeloos within the CBD, 1 at the Skate Park, 1 at Te Ngae shopping centre, 3 on Pukuatua Street and one at the i-site Rotorua. All of these facilities are open 24 hrs. Each Exeloo consists of a single bowl, hand washing facilities and are unisex. The toilets in the inner city are cleaned on a continuous rotation from 7am to 6pm each day. In reality this equates to about 4 – 5 cleans per day dependent on individual needs of each facility.

b) All other conveniences have summer (7:30am till 8:30pm) and winter (8:00am till 6:00pm) hours. Where appropriate, these are adjusted to take into account events that are occurring near them and will require toilet facilities to be available.

These are located at Lakefront (2), Hall Road Reserve (Ngongotaha), Tyron Street (Whakarewarewa), Brookland Road, Te Ngae Shopping Centre, Ohinemutu, Hinemoa Street and Kuirau Park. The toilets at the Lakefront and Kuirau Park are on the continuous clean rotation and the other CBD and shopping precinct toilets are maintained at 3 cleans per day, each day of the week.

The standard fittings for toilets within the CBD are, disabled access, lighting, attached to the town water and sewage services, provision of hand washing, drying facilities and baby changing areas. RDC-910670 72 Council meeting ATTACHMENT 2 2 May 2019

Urban & Rural Services

Public Toilets on reserves are located on both the Urban and Rural Reserves. There are a total of 54 toilets located on reserves within the Rotorua District.

The following is a list of urban and rural toilets, and the location of each.

Urban Reserves Open 24 hrs Redwoods (2) Waingaehe Reserve Jessie Martin Park Reeme Street Reserve Centennial Park Hannahs Bay Reserve (Playground) Government Gardens (Motutara Point)

Urban Reserves Open Daylight hours Karenga Park Kauae Cemetery Murray Linton Rose Gardens Hannahs Bay Reserve (Boatramp Toilets) Puketawhero Park – Youth Space

Urban Reserve Open by Users as required Medical Officers Reserve Rowi Street Reserve Linton Park East (Sportsfields) Puketawhero Park – League Fields Ray Boord Park Smallbone Park Ngongotaha Domain Neil Hunt Park Puarenga Park Park Road Reserve

Urban Reserve Closed Toilets Arawa Park Glenholme Reserve Turner Drive Reserve

Rural Reserve Toilets Open 24 hrs Kerosene Creek Butchers Pool Rerewhakaaitu Domain Reporoa Domain Reserve Waipa Delta Reserve Matahi Spit Hamurana Reserve (2) Hinehopu Reserve (2) Merge Lodge Reserve Okawa Bay Reserve Otaramarae Reserve Lake Ohakuri Reserve Lake Okaro Reserve Tarawera Landing Reserve Acacia Road Lakefront Reserve Guy Rowe Reserve Kariri Bay Reserve Stoney Point Reserve Lake Tikitapu (3) Steep St Reserve Trout Pool Reserve Boyes Beach Reserve Waipa Mountainbike Carpark Whaka Forest Mountain Bike Toilet

Proposed New Toilets Ngakuru Hall Public Toilet Government Gardens (Playground)

Toilets in these urban and rural areas are cleaned at varying frequencies according to levels of use. Higher used toilets are cleaned twice daily every day. For lesser used facilities, cleaning frequencies drop to 1 clean per day, and to lesser days per week. There is also a higher summer and lower winter frequency for some reserves with large seasonal variation (eg lakeside reserves).

RDC-910670 73 Council meeting ATTACHMENT 2 2 May 2019

The standard fittings for toilets within the Urban and Rural areas can vary quite significantly depending on location. For instance those at the Redwoods, Waipa Mountainbike Carpark are comparable to the CBD facilities. Others maybe a simple vault toilet with a cubicle and toilet only i.e. Kerosene Creek, Trout Pool Reserve. Exact fit out depends on location and anticipated demand.

It is anticipated that as the extension to the waste water services into more rural communities occurs that the public toilets in these areas are connected to this service and may enable the installation of / improvements to each facility i.e. installation of hand basins and soap.

Organisers of a particularly large event that is taking place on a recreation reserve where more than 150 people are going to be present are to supply portable toilets as well as using the council facilities. All bookings on reserves are to be made through the Sport, Recreation and Environment Department so that extra toilet cleans can be arranged if necessary through the cleaning contractors.

The Travelling Public

At present the needs of the travelling public are catered for by the following: RLC 24 hour public toilet facilities (sec 10.1.1 and 10.1.2) Petrol/service station 24 hour facilities

In addition, the disposal of effluent from motor homes is catered for by 14 designated wastewater disposal points. 13 of these are at Holiday Parks or Motor Camps, and one is operated by RLC at the Wastewater Treatment Plant.

Levels of Service

The cleaning and minor maintenance of the urban and rural toilets are currently carried out with the following frequency based contracts and frequencies of cleaning are described above in 10.1.1 and 10.1.2

Contract 15/003 – Janitorial Services Contract 09/048 - Supply of Sanitary Disposal Units

These contracts are due to be repriced in 2018/19 based around new contract specifications and requirements still under development.

These contracts specify the levels of service, performance criteria, work techniques and reporting details for the following activities: Cleaning entire toilet block inside, outside Maintaining supplies of toilet paper Supply and clearing of sanitary bins

RLC currently have a Public Toilet Policy in place. This sets out the conditions and policies around the supply and maintenance requirements that Council currently have.

Current and Future Demand The current demand for toilet facilities is being met according to supply policies and future demand is catered for as recreational use of spaces change. Recent increasing use in places such as Whakarewarewa Forest has seen the installation of vault toilets to provide necessary services at identified locations within the mountain biking trails. Upgrades and refurbishments to existing RDC-910670 74 Council meeting ATTACHMENT 2 2 May 2019

toilets has been identified in the Council’s LTP and this increased investment will target areas with increasing visitor use and where there is a need to provide disabled toilet facilities where none is provided within existing older style toilets.

Public Health Risks The only known public health risk is through members of the public using the water from some of the rural toilets as drinking water. This has been managed through the placement of appropriate signage (Do not drink the water), installation of filters or in one case the installation of a small uv treatment system (Guy Rowe Reserve).

There are no known issues with deficiencies in the public toilets services available in the district, and given the management and maintenance systems in place, risks to public health are assess to be low.

STAFF REPORTS

1/3 76 Council meeting RDC-910686 2 May 2019

File No: 01-63-097-8 RDC-906416

ROTORUA LAKES COUNCIL

Mayor Members COUNCIL

ADOPTION OF THE ROTORUA DISTRICT COUNCIL TRAFFIC BYLAW 2018

Report prepared by: Neven Hill, Manager Community and Regulatory Services Report reviewed by: Stavros Michael, General Manager Infrastructure Report approved by: Henry Weston, Group Manager Operations

1. TE PUTAKE PURPOSE

The purpose of this report is for Council to adopt the Rotorua District Council Traffic Bylaw 2018 following consultation with the community and stakeholders.

2. TE TUHINGA WHAKARĀPOPOTOTANGA EXECUTIVE SUMMARY

On the 14 February last Councils Strategy, Policy and Finance Committee considered the amendments proposed to the Traffic Bylaw Amendment No 1, 2018 and recommended to Council that this goes out for public consultation following the provisions of the special consultative procedures of the Local Government Act 2002.

On the 28 February Council approved the above recommendation of the Strategy, Policy and Finance Committee and set the consultation period ending on the 1 April 2019. This period has closed, there were no submissions made.

3. HE TŪTOHUNGA RECOMMENDATION 1

1. That the report ‘Adoption of the Rotorua District Council Traffic Bylaw 2018’ be received.

2. That Council Adopts the Rotorua District Council Traffic Bylaw 2018 as attached (Attachment 1).

3. That Council sets the date that the Bylaw comes into force as 3 May 2019.

1/3 77 Council meeting RDC-910686 2 May 2019

4. TE TĀHUHU BACKGROUND

On 14 December 2017, Council resolved that Harding Traffic Limited be awarded a contract to manage all parking services within Rotorua District. In light of the introduction of ‘pay by plate’ parking technology and the regulation of freedom camping, officers considered it necessary to reconsider certain aspects of the RLC Traffic Bylaw Amendment No 1, 2018 to ensure the Bylaw met the new requirements. Due to complexity, varying interpretations of certain clauses of the current bylaw and the need to ensure any amendments were legally robust, officers engaged Council’s solicitors to reconsider the Traffic Bylaw Amendment No 1, 2018.

The Council is empowered by the Land Transport Act 1998, Local Government Act 1974, the Local Government Act 2002 and the Bylaws Act 1910 to make bylaws for the purposes of regulating traffic and parking.

With regard to the introduction of ‘pay by plate’ parking technology, Council’s solicitors did recommended amendments to the Bylaw to accommodate the new ‘pay by plate’ parking technology. In particular, the Council carpark building which uses the coupon system will need to be declared by Council resolution to be a ‘parking meter area’. To provide for contractors, the purchase of a ‘contractor’ permit is provided for by clause 8.11 of the Bylaw. While no amendments to the clause are necessary to accommodate the change to the ‘pay by plate’ system, Council’s solicitors did propose a new clause with more precise wording.

With regard to freedom camping, Council’s solicitors did recommend deleting clause 21.2 of the Bylaw to ensure it meets the requirements of the Freedom Camping Act. The Act provides three conditions under which a Bylaw may restrict freedom camping and this clause did not meet those requirements.

Finally, as part of the reconsideration, Council’s solicitors also recommended a number of further minor amendments to the Traffic Bylaw Amendment No 1, 2018. These are shown in the tracked changes version as (Attachment 2).

5. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS

These options have previously been put forward and discussed at the Strategy, Policy and Finance Committee and approved by Council.

6. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE

The report concern amending the Traffic Bylaw Amendment No 1, 2018, that was approved by Council stated “Council must apply greater diligence to the decision-making requirements of the Local Government Act 2002. This includes, but is not limited to, the degree to which different options are identified and assessed and the extent to which community views are considered. As a consequence, it was recommended that the Council consult publicly on the proposed bylaw in accordance with the special consultative procedure.”

1/3 78 Council meeting RDC-910686 2 May 2019

7. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY

As stated public consultation was undertaken with submissions closing on the 1st April. Statistics from Council’s Korero mai – Let’s talk portal showed that 45 people looked at the consultation documents, of those 9 downloaded the documents. Given this information and public newspaper advertising no one has chosen to make a submission on this subject.

8. HE WHAIWHAKAARO CONSIDERATIONS

8.1 Mahere Pūtea Financial/budget considerations

Costs associated with making this bylaw are within existing budgets. The bylaw recommended is not expected to have a significant impact on future operating costs.

8.2 Kaupapa Here me ngā Hiraunga Whakariterite Policy and planning implications

The amended bylaw is consistent with the Rotorua 2030 Vision and Portfolio Strategies.

8.3 Tūraru Risks

No significant risks have been identified.

8.4 Te Whaimana Authority

Council has the authority to adopt this bylaw.

9. TE WHAKAKAPINGA CONCLUSION

In line with the special consultative procedures and bylaw making provisions this bylaw should be adopted by Council.

10. NGĀ ĀPITIHANGA ATTACHMENTS

Attachment 1: Rotorua District Council Traffic Bylaw 2018 (clean version) – Page 80 Attachment 2: Rotorua District Council Traffic Bylaw 2015 (tracked changes version) Page 95

1/3 79 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

Rdc-906542

ROTORUA DISTRICT COUNCIL TRAFFIC BYLAW 2018

1/3 80 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019 TRAFFIC BYLAW 2018

Part 1 Preliminary

1 Introduction

1.1 This Bylaw is made under the Land Transport Act 1998, Local Government Act 1974, the Local Government Act 2002, the Bylaws Act 1910. In addition, traffic and parking issues are also regulated by other Acts and regulations which should be referred to in conjunction with this Bylaw.

1.2 This Bylaw shall be referred to as “Rotorua District Council Traffic Bylaw 2018.

1.3 This Bylaw shall come into force and take effect on 3rd May 2019.

2 Objective

2.1 The objective of this Bylaw is to set the requirements for the parking and associated control of vehicular or other traffic on any road in the District, including state highways located within any urban boundaries that are otherwise controlled by the New Zealand Transport Agency.

3 Interpretation

3.1 In this Bylaw, unless inconsistent with the context:

authorised officer means any person appointed or authorised by the Council to act on its behalf and includes any Parking Warden appointed under section 128D of the Land Transport Act 1998 or enforcement officer authorised to carry out any of the duties provided for in this Bylaw. authorised period means: a) That period of time commencing when the prescribed parking fee is inserted into a parking meter and ending when the parking meter indicates that the period has expired. b) That period of time commencing when the prescribed parking fee is inserted into a pay and display parking meter and ending when the expiry time noted on the parking receipt has expired. c) That period of time commencing when a vehicle is parked within an area which Council by resolution has designated as a “time limited” area and in which the appropriate sign(s) have been erected.

coupon parking space means a parking space or section in a coupon parking area indicated by and lying within markings made by Council for the parking of a motor vehicle. cycle has the same meaning as in the Land Transport (Road User) Rule 2004. cycle lane has the same meaning as in the Land Transport (Road User) Rule 2004. cycle path has the same meaning as in the Land Transport (Road User) Rule 2004. designated means specified by Council by resolution. District means the Rotorua District as from time to time constituted. driver has the same meaning as in the Land Transport (Road User) Rule 2004. enforcement officer has the same meaning as in the Land Transport Act 1998 and the Local Government Act 2002. footpath has the same meaning as in the Land Transport (Road User) Rule 2004. goods vehicle has the same meaning as in the Land Transport (Road User) Rule 2004. heavy motor vehicle has the same meaning as in the Land Transport Act 1998. loading zone has the same meaning as the Land Transport (Road User) Rule 2004. meter hood means a bag or sign issued by Council for the purpose of indicating a temporary discontinuance of a parking space. metered space means a parking space located in a parking meter area or a pay and display parking meter area. mobility concession card means a card issued by the CCS Disability Action, or a similar organisation authorised by Council, which is to be displayed in vehicles operated by disabled persons and for which certain parking concessions are available. motorcycle has the same meaning as defined in the Land Transport (Road User) Rule 2004. motor vehicle has the same meaning as in the Land Transport Act 1998. parking has the same meaning as defined in the Land Transport (Road User) Rule 2004. parking fee means the fee payable for the parking of vehicle/s within a metered space for a permitted period. The term includes payment by coins or by any other means approved by Council. parking meter means an apparatus used to facilitate the payment of parking fees in exchange for parking a vehicle in a parking meter area for a limited amount of time, and includes a pay and display parking meter. parking meter area means any parking space or group of parking spaces (including within a building) declared by Council resolution to be a parking meter area and includes any area previously declared under this Bylaw to be a pay and display parking meter area. parking place Has the same meaning as in section 591(6) of the Local Government Act 1974. parking receipt means a receipt indicating the payment of a parking fee and the end of the period allowed for parking as fixed by the meter. parking space means a portion of a parking place marked out with painted lines for the specific purpose of accommodating a parked vehicle. parking warden means a parking warden appointed under section 128D of the Land Transport Act 1998. passenger service vehicle has the same meaning as in the Land Transport Act 1998. 1/3 82 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

pay and display parking meter means an apparatus used to facilitate the payment of parking fees in exchange for parking a vehicle in a pay and display parking meter area for a limited amount of time. pay and display parking meter area means any parking space or group of parking spaces (including within a building) declared by Council resolution to be a pay and display parking meter area under this Bylaw. public holiday has the same meaning as in the Holidays Act 2003. public place means a public place owned by or under the control of Council and includes any road. public work means every activity which the Crown or Council (or their agents) are authorised to engage in and includes any investigation, enquiry, meeting or item required directly or indirectly for such activity. reserved parking space means any parking space which has been reserved by Council for letting to any person for reserved parking and which is clearly marked by a sign, road marking, notice or number or otherwise as being not available for public parking. road has the same meaning as in the Land Transport (Road User) Rule 2004. shared path means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all of the following persons at the same time – (a) cyclists; (b) pedestrians; (c) riders of mobility devices; and (d) riders of wheeled recreational devices. shared zone means a length of roadway intended to be used by pedestrians and vehicles (including cyclists). shipping container means a standardised rectangular box or a similar container, used to transport freight by ship, rail and highway. skip bin means a bin or similar receptacle used for the removal of waste. special vehicle lane has the same meaning as the Land Transport (Road User) Rule 2004. storage charges are a fee as specified from time to time in the Land Transport Act 1998 or in Regulations or Notices made pursuant to that Act. structure means something made up or constructed of a number of parts that are held or put together in a particular way. towage fee is a fee as specified from time to time in the Land Transport Act 1998 or in Regulations or Notices made pursuant to that Act. vehicle has the same meaning as in the Land Transport Act 1998 and includes motor vehicles and heavy motor vehicles. verge includes every verge, flowerbed, grass verge or plot, shrubbery or planted area which is laid out to not form part of the road carriageway.

3.2 Words implying the singular include the plural and vice versa.

3.3 Headings and bolding are only for convenience and may be ignored.

3.4 Resolutions of Council may be amended, rescinded or reinstated by a further resolution of Council. The latest resolution of Council shall be deemed to be the operative resolution. 1/3 83 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

Part 2 General Scope

4 Parking on roads

4.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

4.1.1 Limit, restrict or prohibit the parking or stopping of vehicles on any part of any public place.

4.1.2 Permit the parking or stopping on any part of any public place of a particular class or classes of vehicles on such basis as may be designated.

Part 3 Metered parking

5 Creation of parking meter areas

5.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

5.1.1 Declare any part of a public place to be a parking meter area.

5.1.2 Declare the number and position of metered spaces within a parking meter area.

5.1.3 Declare the times and for how long vehicles may park in metered spaces.

5.1.4 Fix the fees payable for the parking of vehicles within metered spaces in parking meter areas.

5.1.5 Declare the mechanism for collecting fees and managing parking meter areas.

5.2 In accordance with any resolution under clause 5.1 Council shall mark out metered spaces in parking meter areas.

6 Creation of pay and display parking meter areas

6.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

6.1.1 Declare any part of a public place to be a pay and display parking meter area.

6.1.2 Declare the number and position of metered spaces within a pay and display parking meter area.

6.1.3 Declare the times and for how long vehicles may park in metered spaces.

6.1.4 Fix the fees payable for the parking of vehicles within metered spaces in pay and display parking meter areas.

6.1.5 Declare the mechanism for collecting fees and managing pay and display meter areas. 1/3 84 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

6.2 In accordance with any resolution under clause 6.1 Council shall mark out metered spaces and provide pay and display parking meter/s with or without barrier arms in pay and display parking meter areas.

7 When parking in metered spaces applies

7.1 Any resolution by Council concerning metered spaces will apply:

7.1.1 Every day of the week except Sundays and public holidays; and

7.1.2 Between the hours of 8.00am and 10.00pm on those days

except where signs relating to those metered spaces indicate otherwise.

8 Parking in metered spaces

8.1 No vehicle shall be parked in a metered space other than completely within the lines defining that space.

8.2 Any vehicle may be lawfully parked in a metered space during the period which has been paid for.

8.3 No person shall park, or allow to be parked, any vehicle in any metered space in excess of the maximum time allowed for parking in that space. Unless the maximum authorised time is exceeded, it shall be lawful for the driver or person in charge of any vehicle, on the expiration of any authorised period of parking, to pay the prescribed parking fee and occupy the metered space for the further period indicated by the parking meter, mobile application or parking receipt.

8.4 No vehicle shall be parked in a metered space which is already occupied by another vehicle, provided however that it shall be lawful for more than one motorcycle to occupy any metered space at the same time.

8.5 Where more than one motorcycle occupies a metered space, each must pay the prescribed parking fee. No motorcycle shall remain parked in the metered space while either the parking meter shows that the time has expired or the period authorised has expired.

8.6 Subject to clause 8.7, if the metered space is parallel to the kerb or footpath, the driver of any vehicle (except a motorcycle) shall park the vehicle so that it is headed in the general direction of the movement of traffic on the side of the street on which it is parked.

8.7 A motorcycle may be parked otherwise parallel to the kerb or footpath provided that during the hours of darkness it shall be sufficiently illuminated so as to be visible from at least 50 metres.

8.8 If a metered space is at an angle (other than 90˚ to the kerb or footpath) the driver of any vehicle (except a motorcycle) occupying such space shall park the vehicle in such a manner that it is headed substantially in the general direction of the legal flow of traffic on the side of the street on which such vehicle is parked.

8.9 If a metered space is at an angle, the front of any vehicle parked in such space shall be facing in towards the kerb or footpath. 1/3 85 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

8.10 No person shall park or allow to be parked any vehicle in any metered space except as permitted by the provisions of this part of this Bylaw, or operate or attempt to operate any parking meter or pay and display parking meter by means other than as prescribed by this Bylaw.

8.11 Council may issue a parking permit authorising the permit-holder to park in a metered space without paying the prescribed parking fee. The permit must be clearly displayed on the dashboard of the vehicle. Clauses 8.3, 9, 10 and 12.2 do not apply to vehicles displaying a permit issued under this clause.

9 Payment of fees – parking meter areas

9.1 As soon as any vehicle parks in a metered space in a parking meter area, the driver or person in charge of the vehicle shall immediately pay the prescribed fee. A vehicle is lawfully parked in a metered space in a parking meter area during the period of time paid for.

10 Payment of fees – pay and display parking meter areas

10.1 As soon as any vehicle parks in a metered space in a pay and display parking meter area, the driver of the vehicle shall immediately pay the prescribed fee indicated on the pay and display parking meter.

10.2 The parking receipt issued by the pay and display parking meter shall be displayed on the inner side of the windscreen, or in the case of a vehicle not fitted with a windscreen in some other conspicuous position, but in all cases in a position which is easily visible by a parking warden.

10.3 For the purposes of clause 10.2 a parking receipt shall not be valid if:

10.3.1 The parking receipt is so torn, defaced or mutilated that the figures or other particulars thereon are not legible; or

10.3.2 The period of validity of the parking receipt has expired; or

10.3.3 Where applicable, the date and time of commencement of parking the vehicle is not indicated on the parking receipt in accordance with the instructions printed on the parking receipt.

11 Temporary discontinuance of a metered space

11.1 Council may temporarily discontinue, by way of a meter hood, the use of any metered space. No unauthorised person may then stand or park a vehicle in that space.

11.2 Council may temporarily discontinue a parking place if a sign or signs indicating “No Standing or No Parking” are displayed. No person may then stand or park a vehicle there while the sign or signs are displayed.

11.3 Council may, upon receipt of a Temporary Traffic Management Plan, allocate either metered and/or restricted parking for the exclusive use of that event or activity, for the duration of the Temporary Traffic Management Plan. 1/3 86 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

Part 4 Non-metered parking

12 General parking places

12.1 Council by resolution, and subject to the erection of the appropriate signs, or placement of markings, may:

12.1.1 Declare any public place to be a parking place.

12.1.2 Specify the vehicles which shall be permitted to park there.

12.1.3 State the days and hours within which parking shall be permitted there.

12.1.4 State the conditions of parking in a parking place.

12.1.5 Fix which part or parts of the parking place shall be available for public use and which part or parts may be available for reserved parking.

12.1.6 Fix the prescribed fees and/or rentals

12.2 It shall be unlawful for a driver or person in charge of a vehicle leaving a parking space to return to that parking space or any parking space within the same parking place until a period of 30 minutes elapses from the time the vehicle has left the particular parking space to when it returns. This clause does not apply to parking meter areas that allow vehicles to park in multiple parks within a specified time period.

12.3 Mobility Concession

12.3.1 A mobility cardholder may park for double the prescribed time limit by showing a mobility card. The parking fee shall only be payable for the first half of the parking duration.

13 Creation of coupon parking areas

13.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

13.1.1 Declare any part of a public place to be a coupon parking area.

13.1.2 Declare the number and position of parking spaces within a coupon parking area.

13.1.3 Declare the times and for how long vehicles may park in parking spaces in a coupon parking area.

13.1.4 Fix the fees payable for the parking of vehicles within parking spaces in coupon parking areas.

13.1.5 Declare the mechanism for collecting fees and managing coupon parking areas.

13.2 In accordance with any resolution under clause 13.1 Council shall mark out parking spaces in coupon parking areas. 1/3 87 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

14 Parking in coupon parking areas

14.1 No person shall park a vehicle in a parking space in any coupon parking area at any time when parking by coupon applies unless there is displayed on the inner side of the windscreen, or in the case of a vehicle not fitted with a windscreen, in some other conspicuous position, one or more valid coupons sufficient to cover the entire period during which the motor vehicle is parked.

14.2 No vehicle shall remain parked in a parking space in any coupon parking area in excess of the authorised time.

14.3 For the purposes of clause 14.1 a parking coupon shall not be valid if:

14.3.1 The coupon is so torn, defaced or mutilated that the figures or other particulars thereon are not legible; or

14.3.2 The period of validity of the coupon has expired; or

14.3.3 Where applicable the date and time of commencement of parking the vehicle is not indicated on the coupon in accordance with the instructions printed on the coupon.

Part 5 Miscellaneous

15 Creation of special vehicle lanes

15.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may declare any part of a road to be a special vehicle lane.

16 Parking of heavy motor vehicles

16.1 No person shall stop, stand or park a heavy motor vehicle for more than one hour in any public place where there is adjacent residential zoned land on either side of the road.It shall not be an offence to stop, stand or park such vehicle for such period as is reasonably required for the purpose of loading or unloading that vehicle in the course of trade.

17 Creation of loading zones

17.1 Council by resolution may, subject to the placement of appropriate signage:

17.1.1 Declare any part of a public place to be a loading zone.

17.1.2 Declare the times and for how long vehicles may park in the loading zone.

18 Towaway

18.1 Any enforcement officer or authorised officer may have a vehicle moved or removed to some other position, including any appropriate premises designated by Council or the Police, if the vehicle:

18.1.1 Is left unattended in any public place so as to cause a nuisance or obstruction; or

18.1.2 Fails to comply with the permitted use of the parking space. 1/3 88 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

18.2 Where any vehicle has been removed pursuant to clause 18.1 the owner or driver of that vehicle may be required to pay any or all of the following:

18.2.1 Any fine that may be imposed; and/or

18.2.2 A towage fee for the removal of the vehicle; and/or

18.2.3 Reasonable storage charges on a daily basis until the vehicle is uplifted.

19 Skip bins

19.1 No person shall place or cause to be placed skip bins on the road without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council. The skip bin must also comply with the following:

19.1.1 The edge of the bin facing on-coming traffic must be a white or a fluorescent colour which is in contrast to the colour of the main body of the bin; and

19.1.2 The bin must be placed at least 1.0 m away from a traffic lane; and

19.1.3 The bin must be contained within an area on the road that has been fenced off with appropriate safety fencing.

19.2 No person shall place or cause to be placed skip bins in metered spaces without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council.

19.3 In addition to receiving written consent from Council, any skip bin placed in a metered space must:

19.3.1 Have a meter hood issued for the parking space which shall be attached to the meter controlling the metered space being used; and

19.3.2 Be contained wholly within the parking space.

19.4 No skip bin shall be left on any road between half an hour after sunset of one day and half an hour before sunrise the following day unless properly lit by flashing amber lights on outer corners of the bin facing on-coming traffic.

19.5 Where any skip bin is placed on the road other than in accordance with clauses 19.1 to 19.4, such skip bin may be removed by Council.

19.6 Where any skip bin has been removed pursuant to clause 19.5, the owner or hirer of that bin may be required to pay any or all of the following:

19.6.1 Any fine that may be imposed; and/or

19.6.2 A towage fee for the removal of the bin; and/or

19.6.3 Reasonable storage charges on a daily basis until the bin is uplifted. 1/3 89 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

20 Shipping containers or other structures on roads

20.1 No person shall place or cause to be placed a shipping container or other structure/s on any road without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council.

20.2 In addition to receiving written consent from Council any shipping container or other structure on a road shall also comply with the following:

20.2.1 The edge of the container or structure facing on-coming traffic must be a white or a fluorescent colour which is in contrast to the colour of the main body of the container or structure; and

20.2.2 The container or structure must be placed at least 1.0 m away from a traffic lane; and

20.2.3 The container or structure must be contained within an area on the road that has been fenced off with appropriate safety fencing.

20.3 No shipping container or other structure shall be left on any road between half an hour after sunset of one day and half an hour before sunrise the following day unless properly lit by flashing amber lights on outer corners of the bin facing on-coming traffic.

20.4 Where any shipping container or structure is placed on the road other than in accordance with clauses 20.1 to 20.3 such shipping container or structure may be removed by Council.

20.5 Where any shipping container or structure has been removed pursuant to clause 20.4, the owner or hirer of such container or structure may be required to pay any or all of the following:

20.5.1 Any fine that may be imposed; and/or

20.5.2 A towage fee for the removal of the container or structure; and/or

20.5.3 Reasonable storage charges on a daily basis until the container or structure is uplifted.

21 Caravans / camper vehicles

21.1 No person shall stop, stand or park any caravan, camper vehicle, house bus or mobile home on any road for any continuous period exceeding seven days without the prior written consent of Council.

22 Displaying vehicles on street

22.1 No person shall use any public place for the keeping, placing or parking of any vehicle whether for sale, exhibition, demonstration, advertisement, signage or storage, except where from time to time Council may determine by resolution an area set aside for that purpose.

23 Use of cranes

23.1 No person shall operate any crane, mobile crane, concrete pump truck, concrete truck, excavator or drill rig without the prior written consent of Council while parked or stopped on a road. Conditions may be imposed in granting such consent. 1/3 90 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

24 Vehicle repairs

24.1 No person shall park any vehicle on any road to carry out repairs unless those repairs are of both a minor and urgent nature.

25 Misuse of mobility concession cards

25.1 It shall be unlawful for the person who is the registered holder of a mobility card displayed not to be the driver of or a passenger in the vehicle displaying the mobility card.

26 Bus stops

26.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

26.1.1 Declare any part of a public place to be a bus stop or stand for passenger service vehicles;

26.1.2 Direct what type of passenger service vehicles may use any such bus stop or stand;

26.1.3 Define restrictions, stopping times, or change the type of passenger service vehicles that may use any such bus stop or stand.

26.2 Unless otherwise indicated by appropriate signage no passenger service vehicle shall remain stopped on a bus stop for any longer period than is necessary to pick up or set down passengers.

27 Leaving objects on roads

27.1 No person may place or leave objects on roads without reasonable excuse in circumstances that disregard the safety of other road users.

28 Window washers

28.1 No person may wash or clean the windows or attempt to wash or clean the windows of any vehicle or any part thereof in any public place in a manner that may be unsafe or intimidate or cause a nuisance to any person, or cause an obstruction to traffic.

29 Vehicle and road use

29.1 Council may by resolution:

29.1.1 Require vehicles on roads to travel in one specified direction only (one way); or

29.1.2 Prohibit vehicles turning from facing or travelling in one direction to facing or travelling in the opposite direction (performing a U-turn) on specified roads. 1/3 91 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

30 Shared paths

30.1 Council may by resolution:

30.1.1 Determine the length, route and/or location of a shared path; and

30.1.2 Determine priority for users on a shared path.

30.2 No person may use a shared path in a manner that contravenes a restriction made by the Council under this clause.

31 Shared zones

31.1 Council may by resolution specify any road or part of a road to be a shared zone.

31.2 Any resolution made under this clause may specify:

31.2.1 Whether the shared zone may be used by specified classes of vehicles;

31.2.2 The days and hours of operation of the shared zone (if they differ from 24 hours per day, 7 days per week); and

31.2.3 Any other restrictions on how the shared zone is to be used by the public, including how traffic and pedestrians will interact.

31.3 Except where the Council has by resolution specified otherwise, no person may stand or park a vehicle in a road or part of a road specified as a shared zone.

31.4 No person may use a shared zone in a manner that contravenes a restriction made by the Council under this clause.

32 Exemptions

32.1 The provisions of this Bylaw shall not apply to any vehicle parked, stopped or diverted by the direction of any authorised officer, enforcement officer or traffic control sign.

32.2 The provisions of this Bylaw shall not apply to any motor vehicle engaged on Council or other public work at that place where:

32.2.1 No other practicable alternative is available; and

32.2.2 The vehicle is being used with due consideration for other road users; and

32.2.3 The act which would otherwise be a breach of this part of this Bylaw is reasonably necessary for the purposes of the work.

33 Fees and charges

33.1 Council reserves the right to determine, by resolution, following the special consultative procedure provided for in the Local Government Act 2002, reasonable fees and charges for undertaking any inspection in terms of discharging its responsibilities under and in terms of this Bylaw. 1/3 92 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

Part 6 Offences

34 Offences

34.1 Every person commits an offence against this Bylaw who:

34.1.1 Causes or permits a vehicle to:

34.1.1.1 Straddle any lines defining a metered space; or

34.1.1.2 Encroach on more than one metered space unless his or her vehicle is of too great a length to be accommodated in one space. The person in charge of the vehicle requiring more than one metered space shall be liable for the parking fee in respect of each metered space encroached upon.

34.1.2 Parks any vehicle, which by reason of its condition or content causes an offensive odour in any public place.

34.1.3 Stops or parks, or permits the stopping or parking, of any vehicle on any footpath or verge.

34.1.4 Is in charge of any vehicle and fails to display a parking receipt as required by this Bylaw or allows any vehicle to remain in the metered space for any period in excess of that for which a parking receipt was issued.

34.1.5 Operates or attempts to operate any parking receipt dispenser or barrier arm by any means other than as prescribed by the particular apparatus and/or by this Bylaw.

34.1.6 Parks a vehicle in a parking place during the time it is reserved by Council for some other person or is not permitted to be used at that time by any vehicle.

34.1.7 Leaves a vehicle in a parking space except entirely within any lines defining a parking space.

34.1.8 Parks in a parking space a vehicle that is not of the class or classes permitted to use that parking space.

34.1.9 Wilfully or negligently obstructs any parking space.

34.1.10 Unloads any vehicle so as to cause or, be likely to cause, damage to the pavement or any footpath.

34.1.11 Misuses any parking meter or pay and display parking meter.

34.1.12 Interferes, tampers, or attempts to tamper with the working or operation of any parking meter or pay and display parking meter.

34.1.13 Without prior written consent of Council affixes or attempts to affix any placard, advertisement, notice list, document board or thing, or to paint, write upon or disfigure any parking meter or pay and display parking meter.

34.1.14 Commits, or causes to be committed, any act contrary to this Bylaw. 1/3 93 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

34.1.15 Omits, or knowingly permits to remain undone, any act required by this Bylaw.

34.1.16 Refuses or neglects to comply with any authorisation or any condition in any such authorisation, whether public or private, given pursuant to this Bylaw, or

34.1.17 Obstructs or hinders any authorised officer or enforcement officer in the performance of any power, or duty conferred upon him or her by this Bylaw.

34.1.18 Being the driver or person in charge of a vehicle, returns to the same parking space within the same parking place, within a period of less than 30 minutes from the time the vehicle left the particular parking space.

35 Penalty

35.1 Subject to any provision to the contrary, any person convicted of an offence against a provision of this bylaw made under Part 8 of the LGA 2002 is liable for a fine not exceeding $20,000.

35.2 Any person breaching a provision of this bylaw made under section 22AB of the Land Transport Act 1998 and in respect of which no other penalty provision applies is liable for a fine not exceeding $1,000.

THE COMMON SEAL of the ) ROTORUA DISTRICT COUNCIL ) was hereto affixed in the presence of: )

...... MAYOR

...... CHIEF EXECUTIVE 1/3 94 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

Rdc-820405

ROTORUA DISTRICT COUNCIL TRAFFIC BYLAW 2015

AMENDMENT NO.1 2018

1/3 95 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 TRAFFIC BYLAW 2015

Part 1 Preliminary

36 Introduction

1.4 In pursuance of the powers and authorities vested in it by the Local Government Act 2002 and Transport Act 1962 and their amendments and regulations, and of all and every other power and authority in that behalf enabling it, Rotorua District Council hereby resolves to make the following Bylaw.

1.5 This Bylaw shall be referred to as “Rotorua District Council Traffic Bylaw 2015 Amendment No.1 2018”.

1.6 This Bylaw shall come into force and take effect on the 26th day of April 2018.

1.7 This Bylaw shall be read with and amend the Rotorua District Council Traffic Bylaw 2015.

1.8 The additional clauses contained within this Rotorua District Council Traffic Bylaw 2015 Amendment No.1 2018 are coloured green.

37 Objective

38 Interpretation

38.1 In this Bylaw, unless inconsistent with the context:

authorised officer means any person appointed or authorised by the Council to act on its behalf and includes any Parking Warden appointed under section 128D of the Land Transport Act 1998 or Police Officer authorised to carry out any of the duties provided for in this Bylaw. authorised period means: d) That period of time commencing when the prescribed parking fee is inserted into a parking meter and ending when the parking meter indicates that the period has expired. e) That period of time commencing when the prescribed parking fee is inserted into a pay and display parking meter and ending when the expiry time noted on the parking receipt has expired. f) That period of time commencing when a vehicle is parked within an area which Council by resolution has designated as a “time limited” area and in which the appropriate sign(s) have been erected.

authorised time in relation to any coupon means that period of time, commencing when the coupon is activated, for which the coupon authorises the parking of a vehicle in a particular coupon parking area as determined by a notice displayed by Council in that area. bicycle – see cycle. bus has the same meaning as in the Land Transport (Road User) Rule 2004. bus lane has the same meaning as in the Land Transport (Road User) Rule 2004. Council means the Rotorua District Council. 1/3 96 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 coupon means a ticket entitling the holder to park within a defined coupon parking area. coupon parking area means any area of land belonging to or under the control of Council which is authorised, by resolution of Council pursuant to Clause 13 of this Bylaw, as a place where vehicles may be parked using parking coupons. coupon parking space means a parking space or section in a coupon parking area indicated by and lying within markings made by Council for the parking of a motor vehicle. cycle has the same meaning as in the Land Transport Road User Rule 2004. cycle lane has the same meaning as in the Land Transport (Road User) Rule 2004. cycle path has the same meaning as in the Land Transport (Road User) Rule 2004. designated means specified by Council by resolution. District means the Rotorua District as from time to time constituted. driver has the same meaning as in the Land Transport (Road User) Rule 2004. enforcement officer has the same meaning as in the Land Transport Act 1998. footpath has the same meaning as in the Land Transport (Road User) Rule 2004. goods vehicle has the same meaning as in the Land Transport (Road User) Rule 2004. heavy motor vehicle has the same meaning as in the Land Transport Act 1998. loading zone means an area of marked roadway designated for the purpose of loading or unloading goods for a specified time period or periods. meter hood means a bag or sign issued by Council for the purpose of indicating a temporary discontinuance of a parking space. metered space means a parking space at which a parking meter or pay and display parking meter has been installed and is maintained. mobility concession card means a card issued by the CCS Disability Action, or a similar organisation authorised by Council, which is to be displayed in vehicles operated by disabled persons and for which certain parking concessions are available. motorcycle has the same meaning as defined in the Land Transport (Road User) Rule 2004. motor vehicle has the same meaning as in the Land Transport Act 1998.. parking has the same meaning as defined in the Land Transport (Road User) Rule 2004. parking fee means the fee payable for the parking of vehicle/s within a metered space for a permitted period. The term includes payment by coins or by any other means approved by Council. parking meter means an apparatus designed to receive payment of fees for parking; indicate whether any fee for parking has been paid; fix the period of parking allowed for any fee paid; and indicate whether the period for which any such fee has been paid has elapsed. parking meter area means any portion of a public place which is authorised by resolution of Council to be used as a parking place, and at which parking meters are installed and maintained as created under clause 5. parking place means a place (including a building whether used partly or exclusively for the parking of vehicles) where vehicles, or any class of vehicles, may park including all necessary approaches and means of entrance to and egress from any such place. parking receipt means a receipt produced by a pay and display parking meter indicating the payment of a fee for parking and the end of the period allowed for parking as fixed by the meter. parking space means any part of a public place reserved and identified for the parking of vehicles. 1/3 97 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 parking warden means a parking warden appointed under Section 7 of the Transport Act 1962. passenger service vehicle has the same meaning as in the Transport Services Licensing Act 1989. pay means: a) Inserting into a pay and display parking meter New Zealand currency sufficient to pay the parking fee payable for the period during which the vehicle is to be parked in a pay and display parking meter area, and then immediately; b) Pushing the green “OK” button on the pay and display parking meter – provided that if the meter is malfunctioning then the red “Cancel” button should instead be pushed and payment made at another meter; c) Or such other payment procedures as may be declared by Council by resolution in relation to specific types of parking meter.

pay and display parking meter means an apparatus designed to receive payment of fees for parking (in accordance with the procedure outlined in the definition of “pay” in this Part or the other payment procedures referred to in that definition), fix the period of parking allowed for any fee paid, and issue parking receipts or activate an electronic in-car display device indicating the payment of a fee for parking and the expiry time at the end of the period allowed for parking as fixed by the meter. pay and display parking meter area means any portion of a public place which is authorised by resolution of Council to be used as a parking place and at which pay and display parking meters are installed as created under clause 6. public holiday has the same meaning as in the Holidays Act 2003. public place means a public place owned by or under the control of Council and includes any road. public work means every activity which the Crown or Council (or their agents) are authorised to engage in and includes any investigation, enquiry, meeting or item required directly or indirectly for such activity. reserved parking space means any parking space which has been reserved by Council for letting to any person for reserved parking and which is clearly marked by a sign, road marking, notice or number or otherwise as being not available for public parking. road has the same meaning as in the Land Transport (Road User) Rule 2004. shared path means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all of the following persons at the same time – (a) cyclists; (b) pedestrians; (c) riders of mobility devices; and (d) riders of wheeled recreational devices. shared zone means a length of roadway intended to be used by pedestrians and vehicles (including cyclists). shipping container means a standardised rectangular box or a similar container, used to transport freight by ship, rail and highway. skip bin means a bin or similar receptacle used for the removal of waste. special vehicle lane has the same meaning as the Land Transport (Road User) Rule 2004. storage charges are a fee as specified from time to time in the Land Transport Act 1998 or in Regulations or Notices made pursuant to that Act. structure means something made up or constructed of a number of parts that are held or put together in a particular way. towage fee is a fee as specified from time to time in the Land Transport Act 1998 or in Regulations or Notices made pursuant to that Act. vehicle has the same meaning as in the Land Transport Act 1998 and includes motor vehicles and heavy motor vehicles. 1/3 98 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 verge includes every verge, flowerbed, grass verge or plot, shrubbery or planted area which is laid out to not form part of the road carriageway.

3.5 Words implying the singular include the plural and vice versa.

3.6 Headings and bolding are only for convenience and may be ignored.

3.7 Resolutions of Council may be amended, rescinded or reinstated by a further resolution of Council. The latest resolution of Council shall be deemed to be the operative resolution.

Part 2 General Scope

39 Parking on roads

39.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

39.1.1 Limit, restrict or prohibit the parking or stopping of vehicles on any part of any public place.

39.1.2 Permit the parking or stopping on any part of any public place of a particular class or classes of vehicles on such basis as may be designated.

Part 3 Metered parking

40 Creation of parking meter areas

40.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

40.1.1 Declare any part of a public place to be a parking meter area.

40.1.2 Declare the number and position of metered spaces within a parking meter area.

40.1.3 Declare the times and for how long vehicles may park in metered spaces.

40.1.4 Fix the fees payable for the parking of vehicles within metered spaces in parking meter areas.

40.1.5 Declare the mechanism for collecting fees and managing parking meter areas.

40.2 In accordance with any resolution under clause 5.1 Council shall mark out metered spaces in parking meter areas and install a parking meter for each space.

41 Creation of pay and display parking meter areas

41.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

41.1.1 Declare any part of a public place to be a pay and display parking meter area.

41.1.2 Declare the number and position of metered spaces within a pay and display parking meter area.

1/3 99 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 41.1.3 Declare the times and for how long vehicles may park in metered spaces.

41.1.4 Fix the fees payable for the parking of vehicles within metered spaces in pay and display parking meter areas.

41.1.5 Declare the mechanism for collecting fees and managing pay and display meter areas.

41.2 In accordance with any resolution under clause 6.1 Council shall mark out metered spaces and provide pay and display parking meter/s with or without barrier arms in pay and display parking meter areas.

42 When parking in metered spaces applies

42.1 Any resolution by Council will apply to metered spaces:

42.1.1 Every day of the week except Sundays and public holidays; and

42.1.2 Between the hours of 8.00am and 10.00pm on those days

except where signs relating to those metered spaces indicate otherwise.

43 Parking in metered spaces

43.1 No vehicle shall be parked in a metered space other than completely within the lines defining that space.

43.2 Any vehicle may be lawfully parked in a metered space during the period which has been paid for.

43.3 No person shall park, or allow to be parked, any vehicle in any metered space in excess of the maximum time allowed for parking in that space. Unless the maximum authorised time is exceeded, it shall be lawful for the driver or person in charge of any vehicle, on the expiration of any authorised period of parking, to deposit or cause to be deposited the prescribed fee in the parking meter or the pay and display parking meter and occupy the metered space for the further period indicated by the parking meter or the parking receipt.

43.4 No vehicle shall be parked in a metered space which is already occupied by another vehicle, provided however that it shall be lawful for more than one motorcycle to occupy any metered space at the same time.

43.5 Where more than one motorcycle occupies a metered space only one parking fee shall be required. However no motorcycle shall remain parked in the metered space while the parking meter shows that the time has expired or the period authorised by the parking receipt has expired.

43.6 Subject to clause 8.7, if the metered space is parallel to the kerb or footpath, the driver of any vehicle (except a motorcycle) shall park the vehicle so that it is headed in the general direction of the movement of traffic on the side of the street on which it is parked.

43.7 A motorcycle may be parked otherwise parallel to the kerb or footpath provided that during the hours of darkness it shall be sufficiently illuminated so as to be visible from at least 50 metres.

43.8 If a metered space is at an angle (other than 90˚ to the kerb or footpath) the driver of any vehicle (except a motorcycle) occupying such space shall park the vehicle in such a manner that it is headed substantially in the general direction of the legal flow of traffic on the side of the street on which such vehicle is parked. 1/3 100 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

43.9 If a metered space is at an angle, the front of any vehicle parked in such space shall be facing in towards the kerb or footpath.

43.10 No person shall park or allow to be parked any vehicle in any metered space except as permitted by the provisions of this part of this Bylaw, or operate or attempt to operate any parking meter or pay and display parking meter by means other than as prescribed by this Bylaw.

43.11 A vehicle may be parked at a metered space without depositing the prescribed fee if a permit issued by Council giving such exemption is displayed on its windscreen.

44 Payment of fees – parking meter areas

44.1 As soon as any vehicle parks in a metered space in a parking meter area, the driver of the vehicle shall immediately deposit or cause to be deposited in the parking meter provided at the metered space the prescribed fee indicated on the meter. Any vehicle may be lawfully parked in a metered space in a parking meter area during the period which has been paid for.

44.2 No person shall park, or allow to be parked, any vehicle in any metered space in excess of the maximum time allowed for parking in that metered space. It shall be lawful for the driver or person in charge of any vehicle, on the expiration of any authorised period of parking, to deposit or cause to be deposited the prescribed fee in the parking meter and occupy the metered space for the further period indicated by the meter, provided that the maximum time allowed is not exceeded.

45 Payment of fees – pay and display parking meter areas

45.1 As soon as any vehicle parks in a metered space in a pay and display parking meter area, the driver of the vehicle shall immediately pay the prescribed fee indicated on the pay and display parking meter.

45.2 The parking receipt issued by the pay and display parking meter shall be displayed on the inner side of the windscreen, or in the case of a vehicle not fitted with a windscreen in some other conspicuous position, but in all cases in a position which is easily visible by a parking warden.

45.3 For the purposes of clause 10.2 a parking receipt shall not be valid if:

45.3.1 The parking receipt is so torn, defaced or mutilated that the figures or other particulars thereon are not legible; or

45.3.2 The period of validity of the parking receipt has expired; or

45.3.3 Where applicable, the date and time of commencement of parking the vehicle is not indicated on the parking receipt in accordance with the instructions printed on the parking receipt.

46 Temporary discontinuance of a metered space

46.1 Council may temporarily discontinue, by way of a meter hood, the use of any metered space. No unauthorised person may then stand or park a vehicle in that space.

46.2 Council may temporarily discontinue a parking place if a sign or signs indicating “No Standing or No Parking” are displayed. No person may then stand or park a vehicle there while the sign or signs are displayed.

1/3 101 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 46.3 Council may, upon receipt of a Temporary Traffic Management Plan, allocate either metered and/or restricted parking for the exclusive use of that event or activity, for the duration of the Temporary Traffic Management Plan.

Part 4 Non-metered parking

47 General parking places

47.1 Council by resolution, and subject to the erection of the appropriate signs, or placement of markings, may:

47.1.1 Declare any public place to be a parking place.

47.1.2 Specify the vehicles which shall be permitted to park there.

47.1.3 State the days and hours within which parking shall be permitted there.

47.1.4 State the conditions of parking in a parking place.

47.1.5 Fix which part or parts of the parking place shall be available for public use and which part or parts may be available for reserved parking.

47.1.6 Fix the prescribed fees and/or rentals

47.2 It shall be unlawful for a driver or person in charge of a vehicle leaving a parking space to return to that parking space or any parking space within the same parking place until a period of 30 minutes elapses from the time the vehicle has left the particular parking space to when it returns.

47.3 Mobility Concession

47.3.1 A mobility cardholder may park for double the prescribed time limit by showing a mobility card. The parking fee shall only be payable for the first half of the parking duration.

48 Creation of coupon parking areas

48.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

48.1.1 Declare any part of a public place to be a coupon parking area.

48.1.2 Declare the number and position of parking spaces within a coupon parking area.

48.1.3 Declare the times and for how long vehicles may park in parking spaces in a coupon parking area.

48.1.4 Fix the fees payable for the parking of vehicles within parking spaces in coupon parking areas.

48.1.5 Declare the mechanism for collecting fees and managing coupon parking areas.

48.2 In accordance with any resolution under clause 13.1 Council shall mark out parking spaces in coupon parking areas. 1/3 102 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

49 Parking in coupon parking areas

49.1 No person shall park a vehicle in a parking space in any coupon parking area at any time when parking by coupon applies unless there is displayed on the inner side of the windscreen, or in the case of a vehicle not fitted with a windscreen, in some other conspicuous position, one or more valid coupons sufficient to cover the entire period during which the motor vehicle is parked.

49.2 No vehicle shall remain parked in a parking space in any coupon parking area in excess of the authorised time.

49.3 For the purposes of clause 14.1 a parking coupon shall not be valid if:

49.3.1 The coupon is so torn, defaced or mutilated that the figures or other particulars thereon are not legible; or

49.3.2 The period of validity of the coupon has expired; or

49.3.3 Where applicable the date and time of commencement of parking the vehicle is not indicated on the coupon in accordance with the instructions printed on the coupon.

Part 5 Miscellaneous

50 Creation of special vehicle lanes

50.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may declare any part of a road to be a special vehicle lane.

51 Parking of heavy motor vehicles

51.1 No person shall stop, stand or park a heavy motor vehicle for a period of more than one hour in any public place where there is adjacent residential zoned land on either side of the road, provided however that it shall not be an offence to stop, stand or park such vehicle for such period as is reasonably required for the purpose of loading or unloading that vehicle in the course of trade.

52 Creation of loading zones

52.1 Council by resolution may, subject to the placement of appropriate signage:

52.1.1 Declare any part of a public place to be a loading zone.

52.1.2 Declare the times and for how long vehicles may park in the loading zone.

53 Towaway

53.1 Any enforcement officer or authorised officer may have a vehicle moved or removed to some other position, including any appropriate premises designated by Council or the Police, if the vehicle:

53.1.1 Is left unattended in any public place so as to cause a nuisance or obstruction; or

53.1.2 Fails to comply with the permitted use of the parking space.

1/3 103 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 53.2 Where any vehicle has been removed pursuant to clause 18.1 the owner or driver of that vehicle may be required to pay any or all of the following:

53.2.1 Any fine that may be imposed; and/or

53.2.2 A towage fee for the removal of the vehicle; and/or

53.2.3 Reasonable storage charges on a daily basis until the vehicle is uplifted.

54 Skip bins

54.1 No person shall place or cause to be placed skip bins on the road without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council. The skip bin must also comply with the following:

54.1.1 The edge of the bin facing on-coming traffic must be a white or a fluorescent colour which is in contrast to the colour of the main body of the bin; and

54.1.2 The bin must be placed at least 1.0 m away from a traffic lane; and

54.1.3 The bin must be contained within an area on the road that has been fenced off with appropriate safety fencing.

54.2 No person shall place or cause to be placed skip bins in metered spaces without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council.

54.3 In addition to receiving written consent from Council, any skip bin placed in a metered space must:

54.3.1 Have a meter hood issued for the parking space which shall be attached to the meter controlling the metered space being used; and

54.3.2 Be contained wholly within the parking space.

54.4 No skip bin shall be left on any road between half an hour after sunset of one day and half an hour before sunrise the following day unless properly lit by flashing amber lights on outer corners of the bin facing on-coming traffic.

54.5 Where any skip bin is placed on the road other than in accordance with clauses 19.1 to 19.4, such skip bin may be removed by Council.

54.6 Where any skip bin has been removed pursuant to clause 19.5, the owner or hirer of that bin may be required to pay any or all of the following:

54.6.1 Any fine that may be imposed; and/or

54.6.2 A towage fee for the removal of the bin; and/or

54.6.3 Reasonable storage charges on a daily basis until the bin is uplifted. 1/3 104 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

55 Shipping containers or other structures on roads

55.1 No person shall place or cause to be placed a shipping container or other structure/s on any road without the prior written consent of Council. Such consent may at any time be varied or revoked in writing by Council.

55.2 In addition to receiving written consent from Council any shipping container or other structure on a road shall also comply with the following:

55.2.1 The edge of the container or structure facing on-coming traffic must be a white or a fluorescent colour which is in contrast to the colour of the main body of the container or structure; and

55.2.2 The container or structure must be placed at least 1.0 m away from a traffic lane; and

55.2.3 The container or structure must be contained within an area on the road that has been fenced off with appropriate safety fencing.

55.3 No shipping container or other structure shall be left on any road between half an hour after sunset of one day and half an hour before sunrise the following day unless properly lit by flashing amber lights on outer corners of the bin facing on-coming traffic.

55.4 Where any shipping container or structure is placed on the road other than in accordance with clauses 20.1 to 20.3 such shipping container or structure may be removed by Council.

55.5 Where any shipping container or structure has been removed pursuant to clause 20.4, the owner or hirer of such container or structure may be required to pay any or all of the following:

55.5.1 Any fine that may be imposed; and/or

55.5.2 A towage fee for the removal of the container or structure; and/or

55.5.3 Reasonable storage charges on a daily basis until the container or structure is uplifted.

56 Caravans / camper vehicles

56.1 No person shall stop, stand or park any caravan, camper vehicle, house bus or mobile home on any road for any continuous period exceeding seven days without the prior written consent of Council.

56.2 No person is permitted to use a caravan, camper vehicle, house bus or mobile home parked in accordance with clause 21.1 as a place of sleeping accommodation.

57 Displaying vehicles on street

57.1 No person shall use any public place for the keeping, placing or parking of any vehicle whether for sale, exhibition, demonstration, advertisement, signage or storage, except where from time to time Council may determine by resolution an area set aside for that purpose.

58 Use of cranes

58.1 No person shall operate any crane, mobile crane, concrete pump truck, concrete truck, excavator or drill rig without the prior written consent of Council while parked or stopped on a road. Conditions may be imposed in granting such consent. 1/3 105 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

59 Vehicle repairs

59.1 No person shall park any vehicle on any road to carry out repairs unless those repairs are of both a minor and urgent nature.

60 Misuse of mobility concession cards

60.1 It shall be unlawful for the person who is the registered holder of a mobility card displayed not to be the driver of or a passenger in the vehicle displaying the mobility card.

61 Bus stops

61.1 Council by resolution, and subject to the placing and maintenance of the appropriate signs or markings, may:

61.1.1 Declare any part of a public place to be a bus stop or stand for passenger service vehicles;

61.1.2 Direct what type of passenger service vehicles may use any such bus stop or stand;

61.1.3 Define restrictions, stopping times, or change the type of passenger service vehicles that may use any such bus stop or stand.

61.2 Unless otherwise indicated by appropriate signage no passenger service vehicle shall remain stopped on a bus stop for any longer period than is necessary to pick up or set down passengers.

62 Leaving objects of roads

62.1 No person may place or leave objects on roads without reasonable excuse in circumstances that disregard the safety of other road users.

63 Window washers

63.1 No person may wash or clean the windows or attempt to wash or clean the windows of any vehicle or any part thereof in any public place in a manner that may be unsafe or intimidate or cause a nuisance to any person, or cause an obstruction to traffic.

64 Vehicle and road use

64.1 Council may by resolution:

64.1.1 Require vehicles on roads to travel in one specified direction only (one way); or

64.1.2 Prohibit vehicles turning from facing or travelling in one direction to facing or travelling in the opposite direction (perfoming a U-turn) on specified roads.

65 Shared paths

65.1 Council may by resolution:

65.1.1 Determine the length, route and/or location of a shared path; and

65.1.2 Determine priority for users on a shared path.

1/3 106 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 65.2 No person may use a shared path in a manner that contravenes a restriction made by the Council under this clause.

66 Shared zones

66.1 Council may by resolution specify any road or part of a road to be a shared zone.

66.2 Any resolution made under this clause may specify:

66.2.1 Whether the shared zone may be used by specified classes of vehicles;

66.2.2 The days and hours of operation of the shared zone (if they differ from 24 hours per day, 7 days per week); and

66.2.3 Any other restrictions on how the shared zone is to be used by the public, including how traffic and pedestrians will interact.

66.3 Except where the Council has by resolution specified otherwise, no person may stand or park a vehicle in a road or part of a road specified as a shared zone.

66.4 No person may use a shared zone in a manner that contravenes a restriction made by the Council under this clause.

67 Exemptions

67.1 The provisions of this Bylaw shall not apply to any vehicle parked, stopped or diverted by the direction of any authorised officer, enforcement officer or traffic control sign.

67.2 The provisions of this Bylaw shall not apply to any motor vehicle engaged on Council or other public work at that place where:

67.2.1 No other practicable alternative is available; and

67.2.2 The vehicle is being used with due consideration for other road users; and

67.2.3 The act which would otherwise be a breach of this part of this Bylaw is reasonably necessary for the purposes of the work.

68 Fees and charges

68.1 Council reserves the right to determine, by resolution, following the special consultative procedure provided for in the Local Government Act 2002, reasonable fees and charges for undertaking any inspection in terms of discharging its responsibilities under and in terms of this Bylaw.

Part 6 Offences

69 Offences

69.1 Every person commits an offence against this Bylaw who:

69.1.1 Causes or permits a vehicle to:

69.1.1.1 Straddle any lines defining a metered space; or 1/3 107 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

69.1.1.2 Encroach on more than one metered space unless his or her vehicle is of too great a length to be accommodated in one space. The person in charge of the vehicle requiring more than one metered space shall be liable for the parking fee in respect of each metered space encroached upon.

69.1.2 Parks any vehicle, which by reason of its condition or content causes an offensive odour in any public place.

69.1.3 Stops or parks, or permits the stopping or parking, of any vehicle on any footpath or verge.

69.1.4 Is in charge of any vehicle and fails to display a parking receipt as required by this Bylaw or allows any vehicle to remain in the metered space for any period in excess of that for which a parking receipt was issued.

69.1.5 Operates or attempts to operate any parking receipt dispenser or barrier arm by any means other than as prescribed by the particular apparatus and/or by this Bylaw.

69.1.6 Parks a vehicle in a parking place during the time it is reserved by Council for some other person or is not permitted to be used at that time by any vehicle.

69.1.7 Leaves a vehicle in a parking space except entirely within any lines defining a parking space.

69.1.8 Parks in a parking space a vehicle that is not of the class or classes permitted to use that parking space.

69.1.9 Wilfully or negligently obstructs any parking space.

69.1.10 Unloads any vehicle so as to cause or, be likely to cause, damage to the pavement or any footpath.

69.1.11 Misuses any parking meter or pay and display parking meter.

69.1.12 Interferes, tampers, or attempts to tamper with the working or operation of any parking meter or pay and display parking meter.

69.1.13 Without prior written consent of Council affixes or attempts to affix any placard, advertisement, notice list, document board or thing, or to paint, write upon or disfigure any parking meter or pay and display parking meter.

69.1.14 Commits, or causes to be committed, any act contrary to this Bylaw.

69.1.15 Omits, or knowingly permits to remain undone, any act required by this Bylaw.

69.1.16 Refuses or neglects to comply with any authorisation or any condition in any such authorisation, whether public or private, given pursuant to this Bylaw, or

69.1.17 Obstructs or hinders any authorised officer or enforcement officer in the performance of any power, or duty conferred upon him or her by this Bylaw.

69.1.18 Being the driver or person in charge of a vehicle, returns to the same parking space within the same parking place, within a period of less than 30 minutes from the time the vehicle left the particular parking space.

1/3 108 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 70 Penalty

70.1 Every person who commits a breach of this Bylaw is liable on summary conviction to a fine not exceeding $20,000.00.

THE COMMON SEAL of the ) ROTORUA DISTRICT COUNCIL ) was hereto affixed in the presence of: )

...... MAYOR

...... CHIEF EXECUTIVE

1/3 109 Council meeting RDC-910686 2 May 2019

85-08-502-01 RDC-905296 ROTORUA LAKES COUNCIL

Mayor & Councillors Members COUNCIL

DELIBERATIONS REPORT - EAST ROTOITI / ROTOMĀ SEWERAGE SCHEME OBJECTIONS TO INSTALL A STEP SYSTEM WITHIN PROPERTIES AT LAKE ROTOMĀ

Report prepared by: Ann Nicholas, Principle, Sigma Consultants Report reviewed by: Stavros Michael, General Manager Infrastructure Report approved by: Henry Weston, Group Manager Operations

1. PURPOSE

The purpose of this report is to provide comment and recommendations on objections received in relation to the proposed installations of Septic tank Pre-Treatment (STEP) systems on private properties at Lake Rotomā and to assist the Committee with their deliberations on objections to the works.

2. RECOMMENDATION 2:

2.1 That the report titled “Deliberations Report - East Rotoiti / Rotomā Sewerage Scheme Objections to Install a Step System within Properties at Lake Rotomā” be received.

2.2 THAT COUNCIL

i. Deliberates on all objections received;

ii. Having considered all objections received, that council adopts the following recommendations:

OBJECTION POINT RECOMMENDATION NEED FOR THE SCHEME That Council committed to the implementation of the scheme in 2017-18 annual plan process as part of the lakes restoration programme and no change is able to be made to the scheme. CAPITAL COST OF THE That Council Keeps The Community Informed About The SCHEME Actual Cost Of The Scheme And The Options Available To Ratepayers To Pay The Connection Cost

OPERATIONS & That Council Keeps The Community Informed About The MAINTENANCE COSTS Annual Targeted Levy Charges Related To And Reflecting The Operating Costs

INDIVIDUAL SITE ISSUES That Council continues to meet with landowners and ratepayers to achieve the best solution for each site.

1/3 110 Council meeting RDC-910686 2 May 2019 OBJECTIONS WHERE That no alteration is made to the installation of the step WRITTEN APPROVAL HAS systems and that the council proceeds with the scheme. NOT BEEN OBTAINED AND NO REASONS HAVE BEEN PROVIDED

2.3 That council communicates the results of the hearing to the objectors.

3. INTRODUCTION

3.1 This report is to assist the Council in making decisions as related to objections to the proposed installations of Septic Tank Pre-Treatment (STEP) systems on private properties at Lake Rotomā. It provides an overview of the project, the implications for property owners, the statutory provisions, the nature of objections and the options for decision making.

3.2 Out of 288 lots within the scheme area, 213 lots are identified for STEP systems to be installed. 153 parties have signed the agreement with Council, 11 formal objections have been received and a further 49 parties have not replied and are deemed to be objectors. Rotomā No 1 who owns leasehold properties at Rotomā also signed an agreement with Council. Thirty seven (37) properties out of the forty nine (49) properties that have not replied are owned by Rotomā No.1. A total of three objectors wished to be heard.

3.3 The Council conducted a hearing for those submissions as required by section 181 and Schedule 12 of the Local Government Act 2002.

4. BACKGROUND

4.1 The East Rotoiti Rotomā Sewerage Scheme aims to provide an essential service to the community that is delivered in a way that mitigates public health risk, protects the health of the lake and is culturally appropriate.

4.2 Development of the scheme aligns with the objective of the Rotorua Te Arawa Lakes Programme, a collaborative effort by Rotorua Lakes Council, Te Arawa Lakes Trust and Bay of Plenty Regional Council, to protect and restore the water quality of 12 Rotorua lakes so that they can be used and enjoyed by the public today and in future. It is a key component of the Lake Rotorua and Rotoiti Action Plan.

4.3 the development and evaluation of sewerage servicing options for the community was led by a project steering group, Rotomā Rotoiti Sewerage Steering Committee (RRSSC). This group includes representatives from the community and iwi.

4.4 The Council committed to provide the reticulated sewerage scheme for East Rotoiti / Rotomā through its Long Term Plan 2018-2028. Through the Annual Plan 2017-2018 the Council resolved to support: 1/3 111 Council meeting RDC-910686 2 May 2019 “the steering group’s preferred option for STEP system at Rotomā and Biolytix (or similar pre-treatment system) for Rotoiti subject to trial outcomes, with both communities connecting to a common Membrane Bioreactor (MBR) plant and Land Disposal System”.

The 2017-2018 Annual Plan was adopted by Council at its meeting on 29 June 2017.

4.5 The scheme establishes a Wastewater Treatment Plant, behind the Rotoiti Emery Store, and laying a reticulation network from the plant to cater for homes in Rotomā and east Rotoiti. The overall goal will mean:

. Rotomā properties will initially be connected to the reticulation network via an on-site Septic Tank Effluent Pumping (STEP) system . An on-site wastewater pre-treatment system will be installed at properties in east Rotoiti, which will be connected to the reticulation network that runs to the Wastewater Treatment Plant behind the Emery Store at Rotoiti . Rotorua Lakes Council supports a full wastewater reticulation and treatment scheme that serves all Lake Rotoehu properties including Kennedy Bay and Ōtautū in future. This will be dependent on securing funding 4.6 Initially, Rotomā properties including non-residential will be connected to the new service in 2019 followed by the east Rotoiti community.

4.7 The contribution from homeowners, with a loan through Council, is estimated to be $9.42m. Homeowners will have two option available to pay for the scheme, but payment was deferred through the 2017-2018 Annual Plan process until after the scheme is commissioned. The estimated costs are as follows:

. A one-off payment of $14,100 (including GST), or . An annual payment of $1,080 over 25 years (including GST); . The annual operating charges are yet to be finalised (These will apply only once connection has been made to the new system) 4.8 A STEP system is to be installed on each property in Rotomā. It is an on-site wastewater pre- treatment system and comprises a septic tank with a pump (refer below). It pre-treats wastewater, which is then pumped to a central piping network and on to a treatment plant. The outflow is highly treated at the treatment plant before it is released on to land.

1/3 112 Council meeting RDC-910686 2 May 2019 4.9 The system requires works on private property including the installation of the new system and decommissioning of the existing septic tank. This takes about two days to complete. The new system is then connected to the plumbing system of the dwelling. Long term maintenance of the STEP (Septic Tank Effluent Pumping) system will be carried out by Council.

4.10 Under the Local Government Act 2002, the Council was required to seek agreement from landowners for works to be undertaken on private land. The statutory requirements and process are described below.

5. STATUTORY REQUIREMENTS

5.1 Under section 181(2) of the Local Government Act 2002, the Council is authorised to construct works on or under private land for sewage drainage. However, written approval of the owner of the land is required prior to works commencing, unless the requirements of Schedule 12 are complied with.

5.2 Section 181 states as follows:

181 Construction of works on private land (1) A local authority may construct works on or under private land or under a building on private land that it considers necessary for— (a) the supply by territorial authorities of water by means of reticulated systems: (b) the supply of water through water races: (c) trade wastes disposal: (d) land drainage and rivers clearance. (2) A territorial authority may construct works on or under private land or under a building on private land that it considers necessary for sewage and stormwater drainage. (3) A local authority or a territorial authority, as the case may be, must not exercise the power in subsection (1) or subsection (2) unless it has— (a) the prior written consent of the owner of the land to the construction of the work; or (b) complied with the requirements of Schedule 12. (4) A local authority may enter the land to inspect, alter, renew, repair, or clean any work constructed under this section or under the corresponding provision of a former Act. (5) The power in subsection (4) must not be exercised without first giving reasonable notice of the intention to enter the land to the owner and occupier (if any). (6) This section applies subject to the Public Works Act 1981 as to compensation for injurious affection to land.

5.3 Schedule 12 Conditions of constructing or undertaking works on private land without the owner’s consent of the LGA provides as follows:

1 For the purposes of section 181(3)(b), the requirements are as follows: 1/3 113 Council meeting RDC-910686 2 May 2019 (a) a description of the works, accompanied by a plan (in the case of any works to be constructed), showing how they affect any land or building, must be deposited for public inspection at a place within the district in which the works are to be undertaken: (b) the territorial authority must give notice in writing of the intention to construct the works (referring to a plan and description of the works and where the plan and description can be viewed)— (i) to the occupier of the land or building unless there is no occupier or, after all reasonable steps have been taken, the occupier cannot be found; and (ii) to the owner if known: (c) however, if there is a change of occupier, it is not necessary to give notice to any subsequent occupier before the work is done: (d) if, within 1 month after the notice is given, the occupier or owner serves on the territorial authority a written objection to the proposed works, the territorial authority must— (i) appoint a day for hearing the objection; and (ii) give to the objector reasonable notice of the day, time, and place of hearing so as to enable the objector to attend the hearing: (e) the territorial authority must hold a meeting on the day appointed, and may, after hearing any person making any objection, if present, determine— (i) to abandon the works proposed; or (ii) to proceed with the works proposed, with or without any alterations that the territorial authority thinks fit. 2 A person who is aggrieved by a determination of the territorial authority under clause 1(e) to proceed with the works proposed (with or without alterations) may appeal to the District Court against the determination within 14 days after the date of the determination.

5.4 Therefore, Schedule 12 enables owners to object to the works and requires that the Council holds a hearing. Objectors must be given reasonable notice to attend. Once the objections have been heard the Council may decide either:

. To abandon the works proposed . To proceed with the works, with or without any alterations that the Council thinks fit.

The objector then has the opportunity to appeal to the District Court within 14 days after the date of Council’s determination.

5.5 It should be noted that the Council’s decision is limited whether to abandon, proceed or amend the works proposed. The works referred to are the STEP system only, not the scheme itself or the cost of the scheme.

1/3 114 Council meeting RDC-910686 2 May 2019 6. PROCESS

6.1 As set out above, the Council is authorised to construct works on or under private land for sewage drainage under section 181(2) of the Local Government Act 2002. However, written approval of the owner of the land is required prior to works commencing, unless the requirements of Schedule 12 are complied with.

6.2 The Council sent notices to property owners within the proposed Rotomā sewerage reticulation area on 23 March 2018. The LGA notice requested property owners to provide approval for RLC to construct the sewerage component to service their property within the boundaries of their section.

6.3 A follow letter was sent in the middle of last year with a further letter sent on 17 December 2018 to those owners who had not responded. A period of one month to 16 February 2019 was given for landowners to object, in accordance with Schedule 12(1)(d). Copies of the letters are attached as Attachment 1.

6.4 Eleven objections were received by 13 February 2019. 153 approvals have now been received and the balance of landowners, being 49 landowners (although 37 of these received the landowner’s consent Rotoma No1 Trust ), have not signed or objected. The letter from Council dated 17 December 2018 stated that the non-response would be taken as an objection, the forty-nine landowners who have neither signed nor objected in writing are deemed to be objectors.

7. OBJECTIONS

7.1 As stated above, eleven landowners have objected in writing, in accordance with Schedule 12. The landowners who have lodged written objections are as follows:

Name Address Suzanne Cammell & Wayne McKeague 509 State Highway 30 Lake Rotomā Joanne Rees 405 State Highway 30, Lake Rotomā Richard Whyte & Suzanne Smith 319 State Highway 30, Lake Rotomā Wilson James 317 State Highway 30, Lake Rotomā Isaac Ranapia & Lisa Ranapia 303 State Highway 30, Lake Rotomā Daniel Washer & Michele Washer 301 State Highway 30, Lake Rotomā Mark Ryan 279 State Highway 30, Lake Rotomā Richard Boyd 271 State Highway 30, Lake Rotomā Pania Te Maro 35 State Highway 30, Lake Rotomā Trevor Haines & Sandra Haines 11 Oxford Road, Lake Rotomā Bernard Cruickshank & Lauren Cruickshank 46 Oxford Road, Lake Rotomā

A summary of objections in set out in Attachment 2 and copies of the written objections are contained in Attachment 3.

7.2 Four landowners requested to be heard by the Council, as follows:

Name Address Suzanne Cammell 509 State Highway 30 Lake Rotomā 1/3 115 Council meeting RDC-910686 2 May 2019 Mark Hughes 169 State Highway 30 Lake Rotomā Victor Jenkins 8 Oxford Road, Lake Rotomā Pam Takiwa 435 State Highway 30, Lake Rotomā

One, Ms Cammell, has lodged a written objection to the proposed works, while the other three did not lodge written objections. Copies of objections are contained in Attachment 3. The remaining objectors do not want to be heard.

7.3 These objectors covered the following points when they addressed the Committee:

Name Issues Identified Suzanne Cammell  Leaseholder not a landowner.  No objection to the scheme as water quality is important but she opposes being asked to pay for works when the cost is uncertain and has changed over time.  She questioned the accuracy of the information the scheme is based on eg 400 occupied houses.  She stated her lack of confidence in the design and costing  The targeted rate should not be imposed until the scheme is operative. Mark Hughes  Leaseholder.  He doesn’t disagree that the systems need upgrading but disagrees with the cost for many retired/ part time occupiers.  He questioned the ability for the Council to charge interest as it is not a registered financial entity.  He also questioned why sewerage is covered in general rates in the urban area but there is a targeted rate in the lakes area. Pam Takiwa  Leaseholder  Cost is the key issue – she suggested the landowner should pay as well. Victor Jenkins  Cost is the key concern  Complying systems should not have to be replaced.  Pollution from domestic septic tanks needs to be confirmed.

7.4 A further landowner has not objected and did not wish to be heard but asked for his submission to be presented to the Committee. His submission is also contained in Attachment 3.

Name Issues Identified Janine and Peter Watt  Doesn’t object to the scheme in principle  No confirmed final cost  Issue with cost of scheme when only 6 years of their lease left.

7.5 There are 49 landowners who are deemed to have objected in accordance with the Council letter dated 17 December 2018. These are listed in Attachment 4.

8 ISSUES RAISED

8.1 The objectors may either support or oppose the scheme as a whole but have raised common issues and concerns, which are considered in this section. Individual responses are provided in the Summary in Attachment 2. 1/3 116 Council meeting RDC-910686 2 May 2019 8.2 Need for the Scheme

A number of submitters identify concerns that the requirement for the scheme has not been demonstrated. They indicate that there is no evidence that lake water quality has been deteriorating as a result of leaching from septic tanks. They identify the lack of consideration of alternatives, including upgrading older septic tanks and retaining individual treatment, and state that their existing septic tanks are functioning efficiently and do not need to be replaced. The risk of pipe fracture was identified given the location being subject to earthquake and slip, with the potential leakage to the lake and consequential water quality effects.

While the water quality in Lake Rotomā is one of the highest of the Rotorua Te Arawa Lakes, phosphorous levels have been increasing and the sewerage reticulation is part of a programme to maintain and enhance water quality. Monitoring has been undertaken for many decades to track water quality trends and there is a strong scientific basis to support the proposed sewerage scheme. It is on this basis that the scheme has been developed through a community steering group (RRSSC) and has been tested through Council long term and annual plan processes as well as the resource consent process under the Resource Management Act 1991. All necessary resource consents are in place.

As the Council has already committed to the project, including the treatment plant, reticulation and individual pre-treatment systems, and this process relates to works within private land, it is recommended that this is noted in the context that no change to the scheme can be made.

8.4 Scheme Cost

The cost of the scheme and the level of certainty about the cost to landowners is a key issue for objections. There is a strong feeling that the scheme costs are uncertain and that significant cost increases may result. Therefore, many of the objectors are unwilling to sign their approval until there is a final cost specified. The cost of connecting is also of concern to property owners who may use their holiday house for only a few weeks per year. In addition, the lack of a connection fee for urban landowners is considered to be inequitable. For some, the cost comes on top of the cost of a compliant advanced treatment system which is not due for replacement.

The cost of the scheme has been communicated with the community through meetings, letters and newsletters, as well as through Council’s website. The scheme and the funding mechanism to support its implementation have been open to public consultation and submission processes through the Council Long Term and Annual Plans. Therefore, the decision has been made on the scheme and how it will be funded. The costs cannot be finalised until the scheme has been completed but no significant change is expected to the costs identified and communicated to landowners. Issues of affordability can be discussed with Council directly.

As the scheme cost is outside the scope of this process no change is recommended in response to these issues.

1/3 117 Council meeting RDC-910686 2 May 2019 8.5 Maintenance costs

Objections identify concern about potential maintenance requirements of the STEP systems and costs as well as the need for 5 yearly tank emptying. Council has stated that they will manage maintenance including emptying the tanks. As elsewhere in the district a targeted sewerage levy will be imposed of between $400 and $450 a year to cover maintenance, servicing and assets renewal. Note that the actual operation and maintenance costs for the scheme if solely paid by local ratepayers would be about $1,800 (g.s.t. exclusive.) The electricity cost has been questioned and is expected to be approximately $50 a year per ratepayer

The systems have been selected as they are efficient and effective in pre-treatment of waste and will be appropriate for the scheme location. As the STEP system is integral to the design of the treatment plant there is no scope to amend the selection of on-site systems and no change is recommended.

Objections have also queried the exclusion of Doctors Point from the scheme and seek that they do not need to connect. This is currently being reviewed and will be the subject of further engagement with the community. Under the Local Government Act 2002 it is a requirement that properties connect to a sewerage scheme where it is available and this is backed up through the BOP Regional On-site Effluent Treatment System. No change is recommended.

8.6 Individual Site Issues

Some landowners have indicated acceptance of the location of the STEP system within their site. Others have cited inaccurate information about the location of the system and their boundaries, practical requirements and geographic constraints to locating systems where access is restricted. The responsibility for removing or decommissioning existing septic tanks is questioned as well as the potential cost.

Council staff have met with individual landowners to discuss their concerns and the specific solution for each site. It is anticipated that this individual approach will continue through the connection programme to ensure each site has an appropriate solution.

It is recommended that the current approach is continued through to completion of the reticulation project to best meet landowners requirements.

8.7 Communication

Several objectors questioned the consultation process undertaken by Council as they do not consider that the community was listened to but that the decision was imposed on them. In addition, the communication of information was considered to be sometimes inaccurate and unclear. The objections identify that information about the reasons for the scheme, the inappropriateness of ongoing reliance on septic tanks and the decision making process to date are not clearly understood.

During the development of the scheme through the project steering group (RSSG), considerable effort was made to communicate the options considered up to a point where a preferred option 1/3 118 Council meeting RDC-910686 2 May 2019 was decided on. This was done through a significant number of public meetings, newsletters and direct mails.

In spite of this the Council will continue to provide readily accessible information to affected ratepayers through newsletters, website and direct mail or email contact to provide clear information for affected landowners. ,

9. DISCUSSION AND RECOMMENDATIONS

9.1 As set out above, the works relate to the STEP system only and not to the scheme as a whole, its necessity and benefits and costs. It is noted that the Council has approved the implementation of the scheme and the STEP system through the annual plan process. In addition, all necessary resource consents are in place. The consideration of costs for landowners has therefore been undertaken prior to this process and is outside the scope of decisions. It is also noted that under the Bay of Plenty Regional Council On-site Effluent Treatment Regional Plan connection is required to Council reticulation within an Operating Reticulation Zone. Therefore there is no ability to change the requirement to connect through this process as this process is limited to the installation of STEP systems within private property only.

9.2 The LGA process enables a decision to be made on whether to abandon the works, amend the works or proceed without change. The recommendations are set out in general in section 8 above with more specific details in Attachment 2.

9.3 The purpose of installing the STEP system is to provide pre-treatment before discharge to Council sewer. As set out in section 4 above the selection of the system is an integral part of the wastewater reticulation and treatment plant. The decision has already been made by Council in consultation with the community through the project steering group and through the annual and long term plan processes. Therefore, abandoning the proposed works is not supported. Furthermore, amendment of the works is not supported at this stage of the project design and implementation.

9.4 Clause 1(e) of Schedule 12 of the LGA enables Council to make a third decision: to proceed without change. This is recommended for the proposed works subject to individual responses to be made on site to achieve the best outcomes for the community.

9.5 The general recommendations are set out in section 2 of this report. Specific responses are contained in Attachment 2 of this report to the eleven written objections to the proposed installation of STEP systems on their sites.

9.6 The forty-nine landowners who have not signed their agreement are deemed to be objectors and a decision is required. Schedule 12 requires that they are given the same opportunity to be heard as formal submitters and this opportunity has been made available and communicated to the affected landowners. Some of these parties have stated a wish to be heard or provided additional information to be tabled at the hearing. No specific information is available on the reasons why written approval has not yet been provided. However, it may reasonably encompass a similar range of issues to those raised by formal objectors. A decision may therefore be made on the same basis as the eleven formal submissions.

1/3 119 Council meeting RDC-910686 2 May 2019 10. STRATEGIC PURPOSE / POLICY / LEGISLATION

The decision is required in accordance with Section 181 of the Local Government Act (2002) over the placement of public infrastructure on private land.

11. ASSESSMENT OF SIGNIFICANCE

The decision on objections is not significant in terms of Council’s Significance Policy.

12. ASSESSMENT OF SUSTAINABILITY ISSUES

The sewerage scheme is important from a sustainability perspective for the Lake Rotomā community and Lake Rotomā water quality.

13. CONSULTATION

That the Council continues to engage and consult with the Rotomā community through the implementation of the sewerage scheme.

14. OPTIONS AND ANALYSIS

No additional costs will be incurred as a result of the recommendations.

15. INCONSISTENT DECISION

The decision to accept the recommendations would be consistent with the Council’s LTP.

16. ATTACHMENTS

Attachment 1 – Council Correspondence - Page 120

Attachment 2 – Summary of Objections and Responses – Page 127

Attachment 3 – Objections Documents – Page 131

Attachment 4 – Deemed objections – List of parties who have not provided written approval – Page 165

1/3 120 Council meeting RDC-910686 ATTACHMENT 1 2 May 2019

ATTACHMENT 1

COUNCIL CORRESPONDENCE

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1/3 127 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019

ATTACHMENT 2

SUMMARY OF OBJECTIONS AND RESPONSES

Name Address Issues Identified Response Suzanne Cammell 509 State  Incorrect advice from  Support for the & Wayne Highway 30 surveyor that approval scheme is McKeague Lake Rotomā had been given acknowledged  Location of tank within  The location of the site acceptable but tank can be subject to boundary issues further discussions identified  Comments on  Inaccurate reporting re consultation and direct contact information are  Poor timing of letter to noted owners  Costs are consistent  Effect of approval on with current timing of works unclear estimates.  Cost of the scheme uncertain – requires firm cost before agreeing.  No issue with reticulation Joanne Rees 405 State  Risk to lake water  The proposed Highway 30, quality systems are based on Lake Rotomā  Risk from pipeline in evaluation and have earthquake/ slip been subject to  Requirement to clean BOPRC resource tanks every 5 years consent processes.  Old tanks could be They represent the replaced/ relined best practice solution.  Lack of space/ access  The location of the to replace tanks tank can be subject to  Aerated systems further discussions cheaper and no  Comments on detrimental effect consultation and  Potential for huge cost information are increases noted  Community not  Costs are consistent listened to at meetings with current and did not support estimates. STEP system  Sharing the cost  Cost for properties that equally is required to are used for only a few ensure a fair and weeks per year reasonable charge  Not environmentally safe or viable cost option Richard Whyte & 319 State  Installed a $25,000  The proposed Suzanne Smith Highway 30, system in 2004 which systems are based on 1/3 128 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 Name Address Issues Identified Response Lake Rotomā has a life of 50+ years evaluation and have but were not advised been subject to that reticulation was BOPRC resource proposed consent processes.  Old systems could be They represent the upgraded best practice solution.  No final costing  Costs are consistent  Prohibitive costing for with current holiday homes estimates.  Earthquake and slip  Sharing the cost prone area leads to risk equally is required to for lake water ensure a fair and  Not necessary reasonable charge Wilson James 317 State  No evidence of  Resource consents Highway 30, resource consent have been obtained Lake Rotomā  No projected costs for the treatment  No information about plant and scheme as a lake water being whole. contaminated to  The proposed require the upgrade systems are based on  No information of evaluation and have deterioration of lake been subject to water in recent years BOPRC resource  No evidence of consent processes. leaching from They represent the properties and best practice solution. alternative changes to  Maintaining and the scheme. restoring lake water  Earthquake risk for quality is an pipe on lake water important joint  Question why Doctor’s regional and district Point is exempted council project in partnership with Te Arawa lakes Trust.  Costs are consistent with current estimates.  Sharing the cost equally is required to ensure a fair and reasonable charge Isaac Ranapia & 303 State  Not interested in  The proposed Lisa Ranapia Highway 30, installing STEP system systems are based on Lake Rotomā  Happy with their evaluation and have existing system and been subject to lower costs BOPRC resource  Opposed to scheme consent processes. They represent the best practice solution Daniel Washer & 301 State  Cost of system  Resource consents Michele Washer Highway 30, unknown have been obtained Lake Rotomā  Ongoing costs of for the treatment 1/3 129 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 Name Address Issues Identified Response system unknown – plant and scheme as a pump, electricity whole  Implications of power  The proposed failure systems are based on  One house identified, evaluation and have whereas there are two been subject to – implications for costs BOPRC resource  What happens to consent processes. existing septic tank and They represent the why pays best practice solution.  No proof that the  Comments on system is not efficient information are or environmentally noted okay.  Costs are consistent  Information about with current water quality and estimates. results  Sharing the cost  Whether resource equally is required to consent has been ensure a fair and obtained for the reasonable charge scheme  Inaccurate information of concern Mark Ryan 279 State  Potential costs  The proposed Highway 30, uncertain systems are based on Lake Rotomā  Biolytix trial did not evaluation and have meet standards been subject to  Maintenance costs will BOPRC resource be high, including the consent processes. requirement to empty They represent the tanks every 5 years best practice solution.  Existing system is  Costs are consistent working well with current  STEP location estimates. unacceptable  Individual on site  Pump size and meetings can be suitability arranged to resolve outstanding issues Richard Boyd 271 State  System is not necessary  Ongoing reliance on Highway 30, as the current septic septic tanks is Lake Rotomā tank is working well, inconsistent with without leaching to the BOPRC OSET Plan lake  Costs are consistent  High cost of scheme with current and low use of the estimates. holiday house  Individual on site  Land is leased and meetings can be Rotomā No 1 could pay arranged to resolve the cost outstanding issues  Location of STEP system is in the drive – can it be driven over. 1/3 130 Council meeting RDC-910686 ATTACHMENT 2 2 May 2019 Name Address Issues Identified Response Pania Te Maro 35 State  No evidence that the  Costs are consistent Highway 30, community supported with current Lake Rotomā the scheme – meeting estimates. minutes requested  Comments on  Forced decision making consultation and / bullying information are  High cost of scheme – noted costs should be minimised.  Kepa Morgan provided sound scientific research Trevor Haines & 11 Oxford  Scheme is not needed  Ongoing reliance on Sandra Haines Road, Lake as the lake is clean septic tanks is Rotomā enough to drinking inconsistent with water BOPRC OSET Plan  No algal blooms  Costs are consistent  Issue with assumption with current that a reticulated estimates. scheme is better/ included to spread cost Bernard 46 Oxford  Approves location of  Costs are consistent Cruickshank & Road, Lake the STEP system with current Lauren Rotomā  Does not agree with estimates. Cruickshank the network cost and  Sharing the cost funding equally is required to  Questions requirement ensure a fair and to pay for connection reasonable charge to the scheme whereas urban areas do not have to pay the cost

1/3 131 Council meeting RDC-910686 ATTACHMENT 3 2 May 2019

ATTACHMENT 3

OBJECTIONS

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1/3 165 Council meeting RDC-910686 ATTACHMENT 4 2 May 2019 ATTACHMENT 4

DEEMED OBJECTIONS – LIST OF PARTIES WHO HAVE NOT PROVIDED WRITTEN APPROVAL

ITEM OWNER/S NAMES ADDRESS

1 PEAKE, SHANNON FRANCIS 569 S HWAY 30

2 AMAI, MR JON JAMES 527 S HWAY 30

3 ANDERSON, MR PAUL MALCOLM & JANE FRANCES 507 S HWAY 30

4 ABACUS (2003) LTD 499 S HWAY 30

5 MARX, MR KEITH ERIC & MRS SALLY MAY 497 S HWAY 30

6 MALCOLM, MATTHEW & MS JOANNE 491 S HWAY 30

7 HILL, MR LEONARD KEITH 489 S HWAY 30

8 BASSANT, MR JEROEN 487 S HWAY 30

9 GLASSE, MR THOMAS JOHN HUGH & MRS MAUREEN HELEN 485 S HWAY 30

10 DODS, MR WARWICK ROBERT & ERIN STEWART 479 S HWAY 30

11 WATT, JANINE MARGARET 475 S HWAY 30

12 KEMP, MR JUSTIN FRANCIS HOHEPA 453 S HWAY 30

13 COCKBURN, MR STUART JOHN & MCCONNELL, HAYLEY ANNE 441 S HWAY 30

14 THOMPSON, MR CRAIG ALLAN & MRS GAYLENE JEAN 413 S HWAY 30

15 ALDYTH ANN DOWIE ESTATE 337 S HWAY 30

16 FITZPATRICK, LEAH KATHLEEN & KING, MR NEVILLE JOSEPH 323 S HWAY 30

17 CHERRIE,JACQUELINE ANNE 313 S HWAY 30

18 WEBB, GRANT ROLAND & RHONDA ADELE 295 S HWAY 30

19 WILSON, ALLAN THOMAS & THOMAS, MS RACHEL MARGARET 293 S HWAY 30

20 CARTER, MR PETER SEYMOUR ALEXANDER 287 S HWAY 30

21 ROSSITER, MARK ANDREW 277 S HWAY 30

22 THOMPSON, MS JUDY KIM IDA 247 S HWAY 30

23 SISSON, MR ANDREW JOSEPH ET. AL. 239 S HWAY 30

24 WHALE, PETER ERIC GRAEME & ROBYN ANN 229 S HWAY 30

25 GRAY, MR ROBERT ALAN MARSH & MRS ROBYN ANN 215 S HWAY 30 1/3 166 Council meeting RDC-910686 ATTACHMENT 4 2 May 2019 ITEM OWNER/S NAMES ADDRESS

26 JACKSON, MR CHRISTOPHER CHARLES 197 S HWAY 30

27 NOLAN, MR ANDREW DONALD & MR CHRISTOPHER JAMES 195 S HWAY 30

28 KEITH ROBERT WOODS ESTATE 175 S HWAY 30

29 HUGHES, MR MARK WAYTHE & MRS MARIE FRANCE 169 S HWAY 30

30 CARRINGTON, MR LEON GEORGE & HUNIA, RAVEN HERA 190 S HWAY 30

31 CAULFIELD, GORDON LAWRENCE & CUTELLI, MS VICTORIA 172 S HWAY 30

32 GRAY, MR STEVEN GRANT & MRS ADELE CAROLINE 164 S HWAY 30

33 BAYLY, MR ROBERT JAMES & MRS MARIA 162 S HWAY 30

34 TIPIWAI, MR ALBERT PADDY 137 S HWAY 30

35 REID, MR ANTHONY WILLIAM 133 S HWAY 30

36 MOSES, MS WILHELMINA JOSEPHINE 103 S HWAY 30

37 NU'U, BERYL ELIZABETH 99 S HWAY 30

38 PHILLIPS, ROGER ERNEST 87 S HWAY 30

39 COOK, MR JOSHA 29 OXFORD ROAD

40 U'GLOW JONES, MR TRISTAN JOHN 39 OXFORD ROAD

41 CARTER, MR PETER SEYMOUR & CARTER, MRS ALANA JAYNE 58 OXFORD ROAD

42 GYDE, MS ANNE 54 OXFORD ROAD

43 WHISKER, MR KEVIN ROSS 30A OXFORD

44 FOOTE, RENTON JAMES 16 OXFORD ROAD

45 FRAZER, MR MARK ANTHONY & MRS WENDY SUSAN 14 OXFORD ROAD

46 JENKINS, MR VICTOR BRIAN & MRS SANDRA FRANCIS 8 OXFORD ROAD

47 MITCHELL, JANNAH MAREA ET AL 3 S HWAY 30

48 ROBERT & KERYN TAYLOR FAMILY TRUST 117 S HWAY 30

49 TAKIWA, PAMELA RANGIRIA 435 S HWAY 30