Private Equity Commitments

Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Agenda

MEETING AGENDA

EXTRAORDINARY COUNCIL

Thursday 29 November 2018 at 3.30pm

COUNCIL CHAMBER LIARDET STREET NEW PLYMOUTH

Chairperson: Mayor Neil Holdom Members: Cr Richard Jordan (Deputy) Cr Shaun Biesiek Cr Gordon Brown Cr Murray Chong Cr Harry Duynhoven Cr Richard Handley Cr Stacey Hitchcock Cr Colin Johnston Cr John McLeod Cr Alan Melody Cr Mike Merrick Cr Marie Pearce Cr Roy Weaver Cr John Williams

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Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and:

 Will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses;

 Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.

END

2 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Health and Safety

Health and Safety Message

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

Please exit through the main entrance.

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

Staff will guide you to an alternative route if necessary.

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

Please remain where you are until further instruction is given.

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APOLOGIES

None advised

4 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Deputations

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

PUBLIC FORUM Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation.

 None advised

DEPUTATIONS Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies.

 None advised

5 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Table of Contents

REPORTS

1 PIF Quarterly Report

2 PRIP Quarterly Report

3 TRFU Venue Hireage

4 Proposed Freedom Camping Bylaw Review

5 Exclusion of the Public

END

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PERPETUAL INVESTMENT FUND PERFORMANCE REPORT SEPTEMBER 2018

PURPOSE

1. The purpose of this report is to present the performance of the Perpetual Investment Fund (PIF) for the quarter ended 30 September 2018.

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

SIGNIFICANCE AND ENGAGEMENT

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

DISCUSSION

Fund Performance

3. Attached is the summary report from Mercer’s.

4. The performance of the fund over the past 12 months is 8.6% after costs. The fund balance is currently $294.4 million. Release payments total of $8.2 million over the past 12 months are in line with the budget and have been paid out from the fund.

5. As outlined in the Mercer’s report the Fund is sitting within all its Strategic asset allocation ranges as per the SIPO (Statement of Investment Policy and Objectives).

Tasmanian Land Company Ltd Group

6. A dispute over an additional milk solids payment from Fonterra Australia has delayed the windup of the group until such time that this is resolved.

7. TLC have been unable to reach a commercial settlement with Moon Lake and have instigated legal proceedings. A jurisdiction hearing has directed the case be heard in Tasmanian. It is hoped that an initial directions hearing will be held before the end of the Calendar year.

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FINANCIAL AND RESOURCING IMPLICATIONS

8. This report is produced within existing resources and budgets.

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

APPENDICES Appendix One Mercer Quarterly PIF Performance June 2018

REPORT DETAILS Prepared By: Alan Bird (CFO) Team: Business Services Approved By: Alan Bird (CFO) Ward/Community: District Wide Date: 21 November 2018 File Reference: ECM

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

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QUARTERLY REPORT NPDC PERPETUAL INVESTMENT FUND

September 2018

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CONTENTS

• Fund overview – Fund size, returns and distributions – Financial markets update – Market outlook

• Fund performance

• Asset allocation

• Compliance statement

• Appendices – Additional performance information – Manager list – Manager ratings – DAA – Portfolio characteristics – Benchmarks – Fees

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FUND OVERVIEW

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FUND OVERVIEW

Fund size

$294.4m

Returns (after fees)

Since inception 5 years 1 year 3 months (Nov 2004) 6.8%p.a. 9.9%p.a. 8.6% 3.0%

Distributions to Council (Release payments) Since inception 5 years 1 year (Nov 2004) $206.3m $39.8m $8.2m

Nb – Implementation of Guardian and Full Outsource Agent (Mercer) model took effect March 1 2017. Results and distributions incorporate TIML results for period prior to March 1.

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FINANCIAL MARKETS UPDATE

• Overseas Shares continued their trend upwards in the (NZ dollar hedged) ending the quarter roughly where third quarter of 2018. Strong corporate earnings it started. The Fed’s signalling, and then follow results saw markets climb in July, before the through with a rate hike during the quarter drove complications of continued tense trade negotiations down Government bond prices (-0.6%), while between the US and the rest of the world saw tightening credit spreads saw corporate bonds progressively weaker and more disparate returns in (+0.8%) generally move upwards. August and September. Developed market shares returned +5.3% over the quarter in local terms. • The New Zealand dollar continued on its downward trend over the quarter, falling against all major • Global Fixed Interest barely made any ground in July currencies except for the Japanese Yen (+0.4%). and August, before losing gains in September. This saw the Bloomberg Barclays Global Aggregate Index

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MARKET OUTLOOK

• The International Monetary Fund (IMF) has just released its latest economic forecast, suggesting that global growth will remain at a healthy level through to 2019. The US continues to lead the way, with low unemployment and rising wages, which is why the Federal Reserve is committed to its path of raising rates. While Europe is not growing as strongly, growth seems quite robust, despite the challenge of Brexit and trouble in Italy.

• But as always, there are risks that could derail investment markets. Chief among them is the shift from expansionary to tightening monetary policies, led by the US. Rising US interest rates increase the cost of borrowing, make term deposits more attractive, and push up the US dollar. Add in the negative impacts of trade measures – and the threat of more – and it is easy to see why some markets have been found out, particularly those emerging market economies with high levels of debt. Political risks, Brexit and the US mid-term elections among others, add yet another layer of risk.

• Economic growth should continue to support share prices as company earnings benefit from greater economic activity. Tightening monetary conditions will provide headwinds to those assets sensitive to interest rate movements, such as fixed interest and to a lesser extent, property.

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MARKET OUTLOOK – IMPACT ON THE NPDC FUND • The Fund has an asset allocation designed to meet the investment objective of CPI+3.3% over a long term investment horizon.

• While over the near term we recognise there are a number of potential risks in the market, the diversification across asset classes, sector and country means the Fund is not overly exposed to any one risk or event.

• Examples of near term market factors that may impact the NPDC Fund: – Fears that the tariffs could escalate into a full trade war: We will continue to monitor the situation as one of the risks to the macro outlook, but our view it is not at the stage where action is required. – Emerging Market Equities: late cycle dynamics are likely to favour Emerging Markets with the expectation they continue to exhibit strong earnings growth, though higher US interest rates and a strong US dollar will continue to undermine some countries. – Fixed Interest: Given the low levels of interest rates around the world, a lower than normal return is expected from Fixed Interest. There is currently an underweight position to Fixed Interest in the Fund, however there is still a holding. The reason for this is it is a defensive asset that we still expect to perform in a significant equity market downturn.

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FUND PERFORMANCE

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FUND PERFORMANCE

• The Fund returned 3.0% for the 3 month period to 30 September 2018 (after fees), ahead of its long term objective of CPI+3.3% for the quarter, and at 8.6% is also well ahead for the year. The Fund is now 5.5% p.a. ahead of the objective over 5 years.

• On a benchmark relative basis, which is the secondary objective, the Fund was in line with the benchmark over the quarter, and has underperformed by -0.2% over the year.

5 years (p.a.) 1 year 3 months

Fund return 9.9% 8.6% 3.0% (net of fees)

Value add (total portfolio including legacy PE) • Relative to CPI + 3.3% +5.5% +3.4% +1.3%

• Relative to benchmark n/a -0.2% +0.0%

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SECTOR PERFORMANCE Return $ Value Excess over benchmark 3 Gross Returns Weighting % 3 month (%) attribution month ($M) 3 months Overseas Shares (incl. PE Proxy) 135.8 46.1 5.9% +0.4 2.8%

Emerging Markets 17.5 5.9 2.0% +1.0 0.1%

Alternatives 51.1 17.4 1.0% -0.4 0.2% Mercer Unlisted Property 8.8 3.0 1.7% +0.3

Mercer Unlisted Infrastructure 8.8 3.0 2.2% +1.1 Mercer Listed Property 3.8 1.3 1.2% +0.9 Mercer Listed Infrastructure 3.4 1.2 -1.0% -1.8 Fund of Hedge Funds 26.3 8.9 0.6% -1.0

Private Equity 31.9 10.8 -0.8% -3.7 -0.1%

Fixed Interest 32.4 11.0 0.5% +0.5 0.1% Mercer Overseas Sovereign Bonds 15.5 5.3 0.6% +1.2

Mercer Global credit 16.9 5.7 0.5% -0.2

Cash 25.9 8.8 0.6% +0.1 0.1%

Total Portfolio 294.4 100.0% 3.1% +0.1 3.1%

1 Weighted contribution to total fund return. 2 Gross returns for all sectors except Private Equity and Fund of Hedge Funds which incorporate fees 3 The Alternatives Sector has a benchmark of CPI+4%, which is the long term target. CPI is reported with a 1 quarter lag. The Alternatives sub-sectors are also shown, versus their respective benchmarks.

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SECTOR PERFORMANCE (12 MONTHS) Return $ Value Excess over benchmark 12 Gross Returns Weighting % 12 month (%) attribution month ($M) 12 months Overseas Shares (incl. PE Proxy) 135.8 46.1 13.8% +0.4 7.1%

Emerging Markets 17.5 5.9 10.8% +2.6 0.6%

Alternatives 51.1 17.4 5.2% -0.3 0.9% Mercer Unlisted Property 8.8 3.0 9.8% +4.3 Mercer Unlisted Infrastructure 8.8 3.0 11.7% +7.2 Mercer Listed Property 3.8 1.3 9.9% +4.0 Mercer Listed Infrastructure 3.4 1.2 -1.7% -4.7 Fund of Hedge Funds 26.3 8.9 1.8% -2.0

Private Equity 31.9 10.8 1.0% -9.2 0.1%

Fixed Interest 32.4 11.0 1.7% +0.5 0.2% Mercer Overseas Sovereign Bonds 15.5 5.3 3.2% +2.2 Mercer Global credit 16.9 5.7 0.4% +0.1

Cash 25.9 8.8 2.4% +0.4 0.2%

Total Portfolio 294.4 100.0% 9.1% +0.3 9.1%

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ASSET ALLOCATION

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ASSET ALLOCATION

O v e r s e a s O v e r s e a s S h a r e s S h a r e s

40.8% 40.0%

E m e r g i n g E m e r g i n g Markets Shares 5.9% 5.0% Markets Shares

Private Equity 10.8% 17.5% Private Equity Private Equity P r o x y 6.7%

17.5% Alternatives 17.4% Alternatives

F i x e d F i x e d 11.0% 15.0% I n t e r e s t I n t e r e s t C a s h C a s h 7.5% 5.0% Actual SAA

• The NPDC portfolio continues to transition towards the long term Strategic Asset Allocation (SAA) as the Private Equity allocations are built up. • The Private Equity Proxy consists of 5.4% Listed Overseas Shares and 1.3% Cash.

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ASSET ALLOCATION RANGES

60%

50%

40%

30%

20%

10%

0% Overseas Shares Emerging Markets Private Equity Alternatives Fixed Interest Cash Shares (Incl. Proxy) SAA Maximum Minimum Actual

• All asset class allocations are within the ranges specified in the SIPO.

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ASSET ALLOCATION

• The portfolio is well diversified by asset class, sector and region.

• Within Overseas Shares, there is an underweight relative to the benchmark in North America, Pacific ex Japan, and Europe, and overweight to the UK and Emerging Markets.

Portfolio by asset class Overseas & Emerging Market Shares by Cash, 7.5% geography

Fixed Emerging Markets, Interest, 15% 11.0% Overseas shares, United Kingdom, 6% 40.8% Pacific ex Japan, 3% Alternatives, 17.4% North America, 55% Japan, 7%

Private Equity Emerging (incl. proxy), Markets Europe, 13% 17.5% shares, 5.9%

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Cash, 5.0% Fixed Interest, SECTOR IN FOCUS 15.0% Overseas PRIVATE EQUITY shares, 40.0% • What is Private Equity? Private Equity can be defined as investments in companies that are not listed on the sharemarket. They are often held in closed-end Alternatives funds (not open to new investors) with a typical term of 10 years. Private equity , 17.5% managers seek to add value by improving companies over the period of their ownership of them.

Private Emerging • Role in portfolio: The primary purpose of private equity is to provide capital growth Equity (incl. Markets over the long-term, taking advantage of the equity and illiquidity risk premia. They proxy), shares, 5.0% form part of the Growth Assets allocation in the portfolio. 17.5%

• Allocation: The long term Private Equity allocation is 17.5% (currently 10.8%), and Barings is diversified across a number of managers investing into companies based in NZ and around the world. The allocation is being built up over a number of years to Direct Capital diversify across vintages. During this phase, a proxy allocation comprised of 80% Helmsman Overseas Shares and 20% Cash is used to meet the 17.5% target allocation. Managers Pioneer Capital

• Strategies: Private equity encompasses a continuum of strategies that have specific Mercer PIP IV and V (multi-manager, risk/return characteristics and can be grouped along a company’s life cycle in terms each targeting 15-20 managers) of cash-flow generation: venture capital, growth equity, buyouts and special situations. Details of total invested and commitment amounts on slide 17 and 18.

Benchmark S&P/NZX Government Bond Index +5%

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PRIVATE EQUITY FEES AND THE “J-CURVE”

Fees • Private equity tends to have higher fees than most other asset classes. A typical fund will charge management fees on committed capital during the investment period. The fees on invested capital are a multiple of the headline fee since portfolios are built over three to five years. After the investment period, a fund tends to levy fees on remaining invested capital rather than net asset value. During this period, the management fees as a percentage of net asset value are more reasonable. Investors tend to see a significant increase of value upon sale and that value is never subject to the management fee. On a blended basis, the management fees are still high, though more in line with paying management fees on net asset value.

The J-Curve 20% J-Curve Example • In the early years of a fund, investors pay fees and the gross returns from a private equity portfolio are typically flat or not 10% positive enough to overcome the fee burden. • As a result, the net returns are usually negative during the earliest portion of a fund’s life. In addition, certain strategies 0% are prone to taking writedowns early or will see valuations Return 0 1 2 3 4 5 6 7 8 9 10 take a hit from the need to reduce cash flow to make improvements in businesses. This adds to the negative -10% returns before the winners are recognised and net returns turn positive. Mapping the return over time produces a curve -20% that is shaped like the letter J (similar to the example in the Time (years) graph to the right). • NPDC’s Private Equity allocation is diversified across a number of vintages, so different funds are in different stages on the J-Curve, which helps to manage this impact.

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PRIVATE EQUITY COMMITMENTS

Remaining Remaining MV NZD as Remaining Vintage Committed MV NZD Fund Name Currency Commitment* Commitment* % of Total Commitment as % Year $m local (ex. Fx hedge) local NZD Portfolio of Total Portfolio

Mercer PIP5 2018 USD 15.8 12.2 18.0 5.3 1.8% 6.1%

Pioneer Capital III 2017 NZD 7.5 5.3 5.3 1.9 0.6% 1.8%

Direct Capital V 2016 NZD 15.0 9.1 9.1 5.5 1.9% 3.1%

Mercer PIP4 2016 USD 15.0 11.0 16.2 5.9 2.0% 5.5%

Total (Active) 48.5 18.5 6.3% 16.5%

Pioneer Capital II 2013 NZD 2.0 0.3 0.3 2.0 0.7% 0.1%

Direct Capital IV Delta 2011 NZD 1.1 - - 0.5 0.2% 0.0%

Barings Fund V 2011 USD 5.0 0.7 1.1 8.1 2.7% 0.4%

Direct Capital IV 2009 NZD 5 2.1 2.1 1.3 0.5% 0.7%

Helmsman fund II 2008 AUD 5.0 - - 0.1 0.0% 0.0%

Barings Fund IV 2007 USD 5.0 0.6 0.9 0.1 0.0% 0.3%

Direct Capital III 2005 NZD 10 0.7 0.7 0.1 0.0% 0.2%

Barings Fund III 2005 USD 10.0 1.5 2.2 0.8 0.3% 0.7%

Total (In run off, post inv period) 7.2 13.0 4.4% 2.5%

Overall Total 55.8 31.9 10.7% 19.0%

*Remaining Commitment is the commitment amount that is yet to be called.

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NPDC COMMITMENT PLANNING PRIVATE EQUITY

RECENT AND FUTURE NAV EXPOSURE DEVELOPMENT COMMITMENTS

Commitments 80 Fund Vintage (in NZD mn) 70 Direct Capital V 2016 15.0 60 Mercer PIP IV 2016 21.5 50 NAV in NZD million 40 Pioneer Capital III 2017 7.5

30 Mercer PIP V 2018 22.0

20 Mercer PIP VI 2020 18.0

10 Mercer PIP VII 2022 33.0

0 Mercer PIP VIII 2024 40.0

Commitment Target allocation NAVProjected NAV Current NAV

• The current NAV of the PE holdings is $31.9m, and the projected NAV at the end of 2018 is $31.5m.

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ASSET CLASS RISK /RETURN CHART

Source: New Plymouth PIF Guardians Statement of Investment Policy and Objectives

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Compliance statement

Document Status

New Plymouth PIF Guardians SIPO There were no breaches reported in the quarter

Mercer Investment Trusts NZ SIPO There were no breaches reported in the quarter

Responsible Investment Policy There were no breaches reported in the quarter

Investments held in Mercer Investment Trusts NZ Status

Segregated mandates There were no breaches reported in the quarter

Mercer managed funds There were no breaches reported in the quarter

External managed funds There were no breaches reported in the quarter

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DISCLAIMER

This document contains confidential and proprietary information of Mercer and is intended for the exclusive use of the named recipient. The document, and any opinions it contains, may not be modified, sold or otherwise provided, in whole or in part, to any other person or entity without Mercer’s prior written permission.

All services provided in this report are delivered strictly on the basis of advice to a wholesale client in terms of the Financial Advisers Act 2008.

Information on organisations contained herein has been obtained from the organisations themselves and other sources. While this information is believed to be reliable, no representations or warranties are made as to the accuracy of the information presented, and no responsibility or liability, including for consequential or incidental damages, can be accepted for any error, omission or inaccuracy in this report or related materials.

Opinions contained herein are not intended to convey any guarantees as to future performance. The value of any investments can go down as well as up and you may not get back the amount you have invested. In addition, past performance cannot be relied on as a guide to future performance.

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PAPA RERERANGI I PUKETAPU LTD - NEW PLYMOUTH AIRPORT

PURPOSE

1. The purpose of this report is to present the Para Rererangi i Puketapu Ltd quarterly report for the quarter ended 30 September 2018.

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

SIGNIFICANCE AND ENGAGEMENT

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

DISCUSSION

3. All Council Control Organisations report to the Council on a quarterly basis providing an update on their activities and financial performance.

4. This report provides Council with a summary of the results of the company for the first six months of the financial year.

FINANCIAL AND RESOURCING IMPLICATIONS

5. This report is produced within existing resources and budgets.

IMPLICATIONS ASSESSMENT

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

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 Any decisions made are consistent with the Council's plans and policies; and  No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.

APPENDICES Airport Report

Report Details Prepared By: Alan Bird (CFO) Team: Executive Leadership Team Approved By: Alan Bird (CFO) Ward/Community: District Wide Date: 14 November 2018 File Reference: ECM7875215

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

33 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

Papa Rererangi i Puketapu Ltd New Plymouth Airport

Quarterly Report for the three months ended 30 September 2018

Philip Cory-Wright Chair Wayne Wootton Chief Executive

New Plymouth Airport 192 Airport Drive New Plymouth 4373 Website: www.nplairport.co.nz

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Contents 1. Executive summary...... 3 2. Introduction ...... 3 3. Responsibilities ...... 3 4. PRIP establishment ...... 4 5. Stakeholder relations ...... 5 6. Strategic outlook ...... 5 7. Operational summary ...... 9 8. Civil Aviation Rule Part 139 ...... 10 9. Terminal redevelopment project ...... 10

PRIP Report – period ended September 2018 Page | 2

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1. Executive summary

The first quarter of FY2019 has provided good results with overall Airport revenue on budget at just over $1m, operating expenditure below budget at $512,000 and earnings before income tax and depreciation above budget at $560,000.

The number of passengers passing through the Airport grew at 7% as compared to the same period last year, which is well above the Airport terminal redevelopment business case assumption of an average annual growth of 2.5%.

From an operational perspective the company had a successful Part 139 Safety Management Audit at the end of August and, pending a minor review of the Safety Manual, the Airport will be fully certified with a compliant Safety Management System in October.

The new terminal construction is well under way with 40% of the reinforced concrete ground beams now complete and the excavations backfilled. Works are ongoing to install the plumbing and electrical ducts beneath the floors and the first concrete floor slab pour to zones 1 and 2 is planned for the end of October.

At this stage the new terminal remains within budget, on programme, to quality and scope with a scheduled opening at the beginning of 2020.

2. Introduction

This report for the period ended 30 September 2018 is presented by Papa Rererangi i Puketapu Ltd (PRIP) in accordance with the requirements of Sections 64 and 65 of the Local Government Act 2002 referencing the company’s Statement of Intent and PRIP’s monitoring and reporting requirements respectively.

3. Responsibilities

PRIP was established in July 2017 and is 100% owned by New Plymouth District Council (NPDC). The company operates as a Council Controlled Trading Organisation (CCTO) through an independent skills-based Board of Directors and employs its own Chief Executive and staff. PRIP operates under a Statement of Intent (SOI) agreed to by its Directors and NPDC.

PRIP’s prime purpose is to operate New Plymouth Airport on a sustainable commercial basis and to ensure the ongoing safe and successful operation of the Airport. PRIP owns passenger terminals, aircraft hangars, airside infrastructure, car parking areas, roading and underground

PRIP Report – period ended September 2018 Page | 3

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utilities. These facilities are sited on land occupied under lease from the New Plymouth District Council.

PRIP’s prime objectives are to:

 operate the Airport in full compliance with the regulations set down by the New Zealand Civil Aviation Authority  ensure that the business is run on a sustainable commercial basis  optimise the use of its assets  generate a reasonable rate of return on investment

The key to this is to ensure the ongoing safe and successful operation of the Airport, whilst also facilitating the growth of tourism and trade by working collaboratively with key stakeholders to sustainably increase passenger numbers.

The Airport provides services to allow the safe and efficient facilitation of travellers and freight and, ancillary to this, it leases terminal space and land at the Airport.

The Airport is viewed as an essential infrastructure asset for New Plymouth and has a key role to play in the economic performance, growth and development of the Taranaki region. As part of this, PRIP will work collaboratively with the airlines, NPDC, Venture Taranaki, the Chamber of Commerce and other local key stakeholders to work towards the region’s common strategic goals.

4. PRIP establishment

Since PRIP was established, the Airport company has been assisted with general administration operations including finance, IT and HR, through a Service Level Agreement (SLA) with NPDC. Following a comprehensive first year audit by Audit New Zealand, it is apparent that the SLA needs to be reviewed and a more streamlined accounting process established that is standalone and would better support the reporting requirements of the company. A review of the SLA is currently underway and any necessary changes will be incorporated into the Airport operations over the coming months.

A strong relationship with NPDC exists and there are close communications between senior executives of both organisations.

PRIP Report – period ended September 2018 Page | 4

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5. Stakeholder relations

PRIP is continuing to work constructively and collaboratively with the Puketapu Hapu, who are mana whenua of the land the Airport is sited on. This relationship has developed and strengthened through the Hapu’s involvement in the new terminal design.

Following completion of the design works, regular meetings are being held with the Hapu and the project team to update on project progress and to ensure that the cultural theme is maintained throughout the terminal construction. Moving forward the Hapu will be focused on the creation, manufacture and installation of the terminal’s internal art works.

Once the new terminal is operational, the ongoing relationship with Puketapu Hapu will be focussed on proposed runway extension options and other major works within the Airport confines.

Airport management are also continuing to build relationships with the airlines, other Airport operators and local stakeholders. Air New Zealand are currently working with the Airport and the NPDC Communications team to organise a local school art competition called “The Future of Flight”. Winning entries will have their artwork displayed on the construction site hoarding close to the existing terminal later in the year.

NPDC, as the 100% Shareholder, has nominated an advisor who attends the PRIP Board meetings as an observer. The Council’s Chief Operating Officer (CCO) holds this position and, as well as the Board meeting attendance, the CCO meets regularly with the Chief Executive of PRIP to ensure strong communications and alignment between the Council and the Airport company.

6. Strategic outlook

Terminal redevelopment

The main focus for PRIP is the delivery of the new Airport terminal and associated infrastructure. The key is to ensure that the development is delivered to the required quality and scope, is within the budget constraints and is completed in time for operations to commence at the beginning of 2020.

The Project team, under the direction of the PRIP Chief Executive, are closely monitoring all aspects of the build and at this stage are confident that all the parameters of cost, scope, quality and time will be met.

PRIP Report – period ended September 2018 Page | 5

38 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

Car parking

As previously signalled, management are exploring options to increase the number of car parking spaces and a car parking management strategy is underway which will look at the layout of the existing car park and various options to either extend or construct new areas for parking. The strategy is taking a more holistic Airport precinct approach and will consider the whole customer experience from when entering the gate on Airport Drive. The following design principles are being taken into account:

 Improve customer experience  Enhance revenue opportunities  Optimise land use  Use of technology to connect and deliver

With the terminal redevelopment gaining pace it is important that the overall Airport car parking strategy dovetails with the requirements of the new building. Also under review is the separation of public and Airport tenant parking, future car rental requirements, long stay versus short stay opportunities and premium options for the frequent traveller.

As advised, and in line with the business case, a further review of car parking charges will be undertaken once the Airport terminal redevelopment is completed.

Landing charges

Another major strategic review area currently in progress is the setting of commercial aircraft landing charges for the next five years. New Plymouth Airport is able to set aeronautical charges for identified airport activities under the Airport Authorities Act 1996, however, prior to setting charges, the Airport is required to consult with its two substantial customers – Air New Zealand Ltd and Jetstar Airways Pty.

The initial increase in charges will be for the recovery of airside maintenance works, the introduction of a new rescue fire contract and an accelerated depreciation of the existing terminal, due to be demolished once the new terminal is fully operational. The effect of the aeronautical portion of the new terminal is only able to come into force on completion of the project and the new building being operational, currently scheduled for the beginning of 2020.

The costs of the non-aeronautical elements of the project are to be recovered during and on completion of the project from car parking and Airport tenant revenue.

The Airport is currently awaiting comments from the airlines on the initial pricing proposal.

PRIP Report – period ended September 2018 Page | 6

39 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

Route development

It has previously been advised that a third tier airline operator, Originair, commenced a direct air service between Nelson and New Plymouth in September 2017. The service has now been running for 12 months and in September 2018 was extended to now include a cross island direct service to the Hawke’s Bay. The return service runs twice per week on Fridays and Sundays and, if the demand is sufficient, additional days may be added.

Airport management has been working with Christchurch Airport and Air New Zealand to review the number of direct services between both ports. As a result, the airline has added additional seat capacity on the route by the introduction of a mid-afternoon return service operating three days per week. Based on current load factors and the type of aircraft, it is estimated that this could generate up to an additional 17,000 passengers per annum.

Further route development work is being planned and in particular reviewing the service between New Plymouth and Wellington.

Runway extension

At the current time the main runway 05 – 23 (1,310m long) is the shortest runway in the country that Air New Zealand operate their ATR72 aircraft and, under certain weather conditions, take-off and landing weight restrictions may apply. With the airlines potentially looking at even larger aircraft, requiring a longer take-off and landing length, the need to extend the current sealed runway will become even more critical. This may also require the company to acquire adjacent land and alter noise boundaries.

For some time now proposals to extend the runway both in easterly and westerly directions have been looked at, but not in great detail. Issues complicate the extensions due to a significant cultural feature at the western end and a drop-off in surface levels to the east. The matter is further complicated by the fact that the Civil Aviation Authority has stated that any increase in runway length will trigger the need to construct Runway End Safety Areas (RESAs) of 240m length at either end. Under the existing Aerodrome Operator Certificate, New Plymouth Airport has ‘grandfathered rights’ and is exempt from RESAs but does have 90m grass runoff areas which will assist to some degree in emergency situations.

An optimal runway length of 1,600m plus the 240m RESAs at either end, would mean that any extension proposal would potentially have to increase the overall length by 770m to 2,080m. It may be possible to reduce the stipulated 240m long RESAs but this would require a robust aeronautical study to be submitted and approved by the Civil Aviation Authority to prove that 240m is not ‘practicable’.

PRIP Report – period ended September 2018 Page | 7

40 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

The Airport is keen to pursue all runway extension possibilities as it is vital to consider the long-term sustainability of the facility. This strategic proposal is an important aspect in safeguarding the Airport for the benefit of the Taranaki region and, with the current potential to receive Government funding through the Provincial Growth Fund (PGF), now is the time to consider such opportunities.

Therefore, the Airport is undertaking an initial feasibility study using a multi-criteria analysis of several runway extension options, involving key stakeholders and specialist input. With the assistance of NPDC and following approval by the Tapuae Roa Steering Group, an application will also be submitted for a PGF funding contribution for the feasibility study.

Rescue Fire

During the quarter the enhanced rescue fire contract commenced and the Airport is now compliant to a Category 5 service. The new contract also includes assisting the Airport operations team with car parking and security. The Airport’s CCTV system, housed in the Airport operations office, has been duplicated in the fire station to allow the fire officers on duty to view what is happening around the Airport and to respond to issues as they arise. Further, remote panic devices have been given to the main airlines and the café operator which, if activated in emergency situations, will automatically call the Airport operations team and rescue fire staff to respond immediately.

Due to the old fire station being demolished as part of the terminal redevelopment, the Airport has had to source an alternative building and has recently purchased a hangar adjacent the Airways traffic control tower. As the building was the original Airport fire station before becoming an air ambulance hangar and then used by a helicopter operation, this has enabled an easy transition back to a fire station and the building is now fully operational. The location is ideal for the rescue fire operation with commanding views of the airside infrastructure and close links to both the Airport administration and the Airways traffic control tower.

PRIP Report – period ended September 2018 Page | 8

41 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

7. Operational summary

The following key performance measures are noted:

Earnings for the first quarter of FY2019 were on budget at $1.076m, representing a 12% increase in the equivalent period last year as a result of increases in passenger numbers and the revised car park pricing introduced during FY2018.

Operating expenditure at $521,774 was below budget by $193,776 (27%) as a result of the oversight of management and staff towards minimising costs and the introduction of a more efficient approach with the day-to-day Airport operations.

Earnings before income tax and depreciation at $563,282 was $193,344 (52%) above budget, due to lower operational costs than forecast and lower than anticipated financing costs due to the current staging of the Airport terminal redevelopment project resulting in less borrowing being required.

The first quarter has produced very good passenger numbers at 116,217. This represents 3% above budget for the year, a 7.3% increase on the equivalent period in FY2018 and well above the terminal redevelopment business case forecast. On a 12 month rolling basis, passenger numbers currently stand at 445,000.

Using base data set at FY2017, the terminal redevelopment business case assumed a compounding annual growth rate of 2.5% and forecasted passenger numbers to increase by 118,000 over a ten year period to 2027. Numbers based on the current growth rate for only the first two years will see an additional 42,000 passengers using the Airport – double the business case model.

During the first quarter, the Airport facilities were effectively maintained to avoid any disruption of scheduled commercial flights other than for weather or airline related problems.

The table below summarises the performance for the first quarter of FY2019. It is to be noted that the operating revenue is not based on a straight line split as with previous budgets but instead takes into account monthly passenger number fluctuations and the increase in landing charges due to come into effect later in the financial year.

PRIP Report – period ended September 2018 Page | 9

42 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

Period ended 30 September 2018 Budget Budget Actual Previous year full year period ended period ended period ended FY19 30 Sep 18 30 Sep 18 30 Sep 17

Operating revenue $ 5,198,774 $ 1,076,488 $ 1,076,056 $ 964,447

Operating expenditure $ 2,840,200 $ 706,550 $ 512,774 $ 511,486

EBITDA $ 2,358,574 $ 369,938 $ 563,282 $ 452,961

Depreciation & amortisation $ 1,492,018 $ 373,005 $ 315,370 $ 178,475

Interest expense $ 538,478 $ 134,620 $ 73,385 $ 60,376

Tax expense $ 64,599 $ 16,150 $ 47,332 $ 58,519

Net profit / loss $ 263,479 -$ 153,837 $ 127,195 $ 155,591

Passenger numbers 455,300 112,869 116,217 108,311

Terminal business case 442,407 109,673 116,217

8. Civil Aviation Rule Part 139

NPDC is currently the holder of the Aerodrome Operator Certificate and, under an agreement between the Civil Aviation Authority (CAA), NPDC and PRIP, the Chief Executive of PRIP acts on behalf of NPDC as the designated Chief Executive named on the Certificate to ensure full legislative compliance with the CAA Rule Part 139.

The CAA conducted an extensive Safety System Management audit at the end of August and, pending a minor review of the Safety Manual, the Airport will be fully certified in October.

‘Safety is Everyone’s Business’ is a heavily embedded philosophy within the New Plymouth Airport’s Safety Management System. The Airport is driving this culture internally through the day-to-day operations and externally to the rest of the Airport community through Airport User Group and PCBU meetings.

9. Terminal redevelopment project

The terminal redevelopment project is progressing well with on-site works continuing on programme and with 40% of the reinforced concrete ground beams now complete and the excavations backfilled. Works are ongoing to install the plumbing, electrical and service ducts beneath the floors. The first concrete floor slab pour to zones 1 and 2 is planned for the end of October. Off-site construction of the precast concrete wall panels to the baggage make up and reclaim areas has begun and the temporary propping proposal for these panels approved.

PRIP Report – period ended September 2018 Page | 10

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There have been some programme issues as a result of the need for detailed checks of the shop drawings, in particular the need to integrate the design between the steelwork, precast concrete panels and the glass façade drawings. Checks are required by the architectural and structural teams as well as façade peer reviewers. There have also been some last minute changes requested by Air New Zealand, however, at this stage it is not anticipated that any of these delays will have an impact on the overall project programme.

At this stage the Project team are confident that the new terminal will be delivered within the budget of $28.7m, to quality and scope and on programme to be operational at the beginning of 2020.

To manage and mitigate the potential of overspend, the project team is taking the following actions:

 Actively control scope creep and require other parties to meet the cost of changes where appropriate  Continual assessment of value engineering opportunities through procurement and construction methodology  Close management of professional consultancy services  Consideration of alternative constructability options for future item installation to ensure the cost does not become part of contingency expenditure  Work as a team to identify risks and issues early, these may include design omissions, scheduling errors and scope changes as ground conditions or constructability issues become known

The project team are aware of the need to keep Airport customers and the community well- informed of the status of the project and, in conjunction with the Council’s communications team, are working on a series of communication bulletins to be released through the press and social media giving details of project progress.

Good industry practice is for all parties associated with a major project to agree to a ‘project charter’ which establishes attitudes and behaviours of ‘best for project’ that are difficult to mandate in a contract.

Following a workshop between PRIP, the new build contractor and the project consultants, a project charter has been established and is summarised below.

Although not able to be involved in the workshop, Puketapu Hapu support the charter and will be a party to it. All those involved in the project, including sub-contractors, will be asked to also commit to the charter.

PRIP Report – period ended September 2018 Page | 11

44 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - PRIP Quarterly Report 2.1

PRIP Report – period ended September 2018 Page | 12

45 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

TARANAKI RUGBY FOOTBALL UNION

MATTER

1. The purpose of this report is to outline options for Council to consider in response to Taranaki Rugby Football Union’s request for a Yarrow Stadium rental, ground lease and service costs holiday.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council: a) Determines whether it wishes to agree to Taranaki Rugby Football Union’s request for a Yarrow Stadium rental, ground lease and service costs holiday. b) Adopts a preferred option from 1-4 below.

COMPLIANCE

Significance This matter is assessed as being of some importance

This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. Council retains the status quo and requires payment of Yarrow Stadium rental, ground lease and service costs from Taranaki Rugby Football Union (TRFU)

2. Council does not require payment of Yarrow Stadium rental, Options ground lease and service costs from TRFU until the stadium is fully operational

3. Council defers payment of Yarrow Stadium rental, ground lease and service costs until the stadium is fully operational and requires TRFU to pay back the secured interest free loan over 5 years

4. Council reduces its Yarrow Stadium rental, ground lease and service costs to TRFU until the stadium is fully operational and requires TRFU to pay back the secured interest free loan over a 5 year period.

The persons who are affected by or interested in this matter Affected persons are the residents of New Plymouth.

46 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

COMPLIANCE

This report does not recommend an option for addressing the Recommendation matter.

Long-Term Plan / Annual Plan Yes Implications Significant Policy and Plan No Inconsistencies

EXECUTIVE SUMMARY 2. The west stand and the east stand at Yarrow Stadium have been declared earthquake- prone and are now closed to the public. Following closure of the stands, plans were put in place to enable the Stadium to resume operations albeit at a reduced capacity and the venue was able to host Mitre 10 cup games in August/September 2018.

3. All available Taranaki Stadium Trust funding was applied to the recovery work and New Plymouth District Council (NPDC) and Taranaki Regional Council (TRC) also contributed to a joint Yarrow Stadium Recovery Fund on a 50/50 basis to fund the shortfall. Work is currently underway by the stadium owners and funders (Taranaki Stadium Trust and TRC) to identify permanent options for repairing the Stadium. After public consultation, a preferred option will be confirmed and anticipated physical work will begin in mid-2019.

4. TRFU has faced a number of challenges in 2018 including a reduction in revenue during the Mitre 10 cup season, and is now under significant financial pressure. Council has received a request (see attachment) from TRFU for a Yarrow Stadium rental, ground lease and service cost holiday for the 2018 season and the following three years (2019-21) until the venue is fully operational. TRFU indicate that “support from NPDC for this requested relief would go a long way to assisting our ability to remain solvent over the immediate period”.

5. Prior to the closure of the grandstands at the Stadium, TRFU had a number of fixed and variable costs associated with their tenure at the Stadium. The property costs are currently on hold following the closure of the east stand and there are ground lease costs of $45k pa and other variable costs relating to the Mitre 10 cup season. It is estimated the total costs are $150k (excluding GST). The variable costs related to the Mitre 10 Cup are likely to reduce over the next season as TRFU are now playing in the Championship. It is unlikely that the stadium would be fully operational until the after the 2021 rugby season which would result in a total cost of up to $600k to meet TRFU’s request.

6. If Council forgoes payment as requested by TRFU, this will reduce the budgeted revenue for Yarrow Stadium. If Council defers payment until the stadium is

47 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

fully operational, it is proposed that any such loan be secured by TRFU. It is important to note if any loan to TRFU is not secured, Council will need to be satisfied that TRFU have the ability to pay back the deferred payments. If it is determined that TRFU are not in a position to pay back the deferred payments, Council would be required to write off the loan in that financial period.

7. Council could also choose to reduce the costs charged to TRFU for ground lease and service costs and only charge TRFU for the external costs incurred during the Championship season. This is likely to reduce the charges to TRFU by $15k per annum.

OPTIONS The following matters relate to all options: a) Statutory Responsibilities There are no statutory responsibilities relating to this matter. b) Participation by Māori There has been no specific participation by Maori during consideration of this matter. c) Community Views and Preferences The community views and preferences have not been sought for this option.

Option 1 Status Quo

a) Financial and Resourcing Implications None

b) Risk Analysis The main risk is that TRFU are unable to make payment to NPDC for the use of Yarrow Stadium.

c) Promotion or Achievement of Community Outcomes The status quo does not support the promotion or achievement of community outcomes.

d) Consistency with Policies and Plans This option is consistent with Council’s policies and plans

e) Advantages and Disadvantages The status quo means unbudgeted ratepayer funds are not required. The disadvantage may be that TRFU are unable to make payments to Council.

Option 2 Council does not require payment of Yarrow Stadium rental, ground lease and service costs for the 2018 year and until the stadium is fully operational and subject to the Taranaki Stadium Trust approving funding for the project in 2019

48 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

a) Financial and Resourcing Implications There is additional requirement of up to $600k rates funding associated with this option.

b) Risk Analysis The main risk associated with this option is that other organisations leasing Council land may seek similar arrangements. However this is mitigated by the unique situation in regards to Yarrow Stadium.

c) Promotion or Achievement of Community Outcomes This option does retain professional rugby playing at Yarrow Stadium and supports the outcomes of people place and prosperity. d) Consistency with Policies and Plans This option was not considered when setting the revenue in the LTP 2018/28.

e) Advantages and Disadvantages The advantage is that professional rugby continues at Yarrow Stadium and the disadvantage of this option is the financial implication.

Option 3 Council defers payment of Yarrow Stadium rental, ground lease and service costs until the stadium is fully operational and requiring TRFU to pay back the secured loan over 5 years and subject to the Taranaki Stadium Trust approving funding for the project in 2019

a) Financial and Resourcing Implications There is additional requirement of up to $600k rates funding associated with this option. Council will also need to consider whether it rates for the lost revenue or takes on additional debt that will be repaid later.

b) Risk Analysis The main risk is that TRFU are not in a position to repay the deferred payments. This can be mitigated through having the loan secured by TRFU.

c) Promotion or Achievement of Community Outcomes This option does retain professional rugby playing at Yarrow Stadium and supports the outcomes of people, place and prosperity.

d) Consistency with Policies and Plans This option was not considered when setting the revenue in the LTP 2018/28.

49 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

e) Advantages and Disadvantages The advantage is that professional rugby continues at Yarrow Stadium and the disadvantage of this option is the financial implication.

Option 4 Council reduces the Yarrow Stadium rental, ground lease and service costs and defers payment until the stadium is fully operational requiring TRFU to pay back the secured loan over 5 years and subject to the Taranaki Stadium Trust approving funding for the project in 2019

b) Risk Analysis The main risk is that TRFU are not in a position to repay the deferred payments. This can be mitigated through having the loan secured by TRFU.

c) Promotion or Achievement of Community Outcomes This option does retain professional rugby playing at Yarrow Stadium and supports the outcomes of people, place and prosperity.

d) Consistency with Policies and Plans This option was not considered when setting the revenue in the LTP 2018/28.

e) Advantages and Disadvantages The advantage is that professional rugby continues at Yarrow Stadium and the disadvantage of this option is the financial implication.

Recommended Option This report does not recommend an option for addressing the matter.

Appendix 1 – Letter to NPDC from Taranaki Rugby Football Union (TRFU)

50 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

Report Details Prepared By: Teresa Turner (Manager Recreation and Culture) Team: Recreation and Culture Approved By: Kelvin Wright (Chief Operating Officer) Ward/Community: District Wide Date: 19 November 2019 File Reference: ECM7883520

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

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3.1 TARANAKI RUGBY FOOTBALL UNION (INC) YARROW STADIUM l MARATAHU ST l PO BOX 5004 NEW PLYMOUTH l TARANAKI l NEW ZEALAND P. +64 6 759 0167

9th November 2018

Craig Stevenson and Neil Holdom Chief Executive Officer and Mayor New Plymouth District Council

Via Email – [email protected] and [email protected]

Dear Sirs

Taranaki Rugby Football Union (TRFU) Request for Yarrow Stadium Rental, Ground lease and Service Costs holiday 2018 - 2021

Following various discussions’, the TRFU would formally like to request a Yarrow Stadium Rental, Ground Lease and Service Cost Holiday for 2018 and the following three years (2019- 2021), or until we are in a position’ to hire a facility that is economically viable and fit for purpose, whichever is the earlier.

We would like to thank and acknowledge the exceptional efforts of the NPDC in conjunction with the TRC on the Stadium recovery programme to provide a venue under extreme timelines to ensure we could play home fixtures at Yarrow Stadium in the 2018 Mitre 10 Cup.

Taranaki is a proud rugby province, the sixth oldest in New Zealand and we are currently on the brink of insolvency through no fault of our own. Nine months ago, we stood as one of the strongest provinces in the country, financially sound with solid cash reserves operating under a proven business model underpinned by a full functioning Yarrow Stadium.

Today we face an $807,000 deficit which includes $133,000 of Yarrow Stadium rental facility and service costs (based on 2017 comparative rates). At the start of 2018 the TRFU had over $500,000 in cash reserves, these will be depleted by month end. The 2019 and 2020 seasons are looking dire without a fit for purpose Yarrows Stadium and we are taking drastic measures to consolidate our business to ensure survival. Support from NPDC for this requested relief would go a long way to assisting our ability to remain solvent over the immediate period while we await the future of Yarrow Stadium.

We understand that it is not ideal to come to NPDC this late in the year with our request for support, but we hope that you can appreciate this unique and extenuating set of circumstances and we ask for consideration to assist us through this unprecedented period.

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3.1

53 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - TRFU

3.1

The TRFU are willing to meet with NPDC Senior Management and / or Councillors to provide a full ‘open book’ financial overview of our situation which will allow you to understand our predicament and discuss the situation in greater depth.

We see the NPDC as a key strategic partner of the TRFU, Yarrow Stadium is the home of rugby in Taranaki, we want to work with the NPDC, so we can continue to play at the venue while the situation there is being resolved.

The TRFU board and I are available to attend an NPDC Council meeting in support of this written request if required and we keenly await your reply as soon as you are able.

Kind regards

Jeremy Parkinson Chief Executive Officer Taranaki Rugby Football Union Phone: 021 898 550 Email: [email protected]

54 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Freedom Camping

4 REPORT ON THE PROPOSED AMENDMENTS TO THE FREEDOM CAMPING BYLAW

MATTER

1. The matter for consideration by the Council is the deliberations on the proposed amendments to the Freedom Camping Bylaw (2017) following receipt of 867 submissions during the Freedom Camping Bylaw special consultative procedure.

RECOMMENDATION FOR CONSIDERATION

That having considered all submissions on the amendments to the Freedom Camping Bylaw the Council resolve to make the following amendments to the Freedom Camping Bylaw: a) Adopt a year round prohibition on freedom camping at Fitzroy Beach car park, Oakura Beach Front, East End and Kawaroa as amendments to the Freedom Camping Bylaw as defined in the maps in Appendix One. b) Amend the Freedom Camping Bylaw by including restrictions for non- self-contained vehicles so that freedom camping in non-self- contained vehicles can only take place in the number of carparks below for each location as amendments to the Freedom Camping Bylaw as the most appropriate way to protect the areas, protect access to the areas and the health and safety of people who may visit the areas.

Location Number of car parks Parks Pukekura Park – Rogan Street Five (5) Coastal Battiscombe Terrace Six (6) Wind Wand Carpark Eight (8) Corbett Park Five (5) Lake Rotomanu Four (4) c) Determine to either:

i) Amend the Freedom Camping Bylaw by including a year round prohibition except for 14 carparks where freedom camping is

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4 restricted to self-contained and non-self-contained vehicles at the Waiwhakaiho River Mouth;

ii) Amend the Freedom Camping Bylaw by including a year round prohibition of freedom camping at the Waiwhakaiho River Mouth. d) Adopt a restriction of no more than two periods of up to 24 hours in a 30 day period for non-self-contained vehicles as an amendment to the Freedom Camping Bylaw. e) Adopt a prohibition for tents and other temporary structures as an amendment to the Freedom Camping Bylaw. f) Determines to not proceed with the following proposed locations for restrictions for non-self-contained freedom camping as amendments to the Freedom Camping Bylaw:

CBD Inglewood CBD Moturoa Shopping Centre New Plymouth CBD – Exaloo Oakura CBD Okato Westown Shopping Centre New Plymouth CBD – Gover Street Waitara CBD Fitzroy Shopping Centre Parks Yandle Park Hickford Park Coastal Bell Block Mangati Walkway Centennial Park

g) Adopt the proposed amendments to Freedom Camping Bylaw (2017), as outlined in Appendix One of this report subject to the above decisions including any updated maps.

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4 h) Notes that the adopted amendments to the Freedom Camping Bylaw will become operative on a date specified within the public notice. i) Notes that if Council resolves to support freedom camping in any form at Lake Rotomanu, Windwand Carpark, Corbett Park or Waiwhakaiho River Mouth that the resolution is made under section 80 of the Local Government Act 2002 and:

 Is inconsistent with the Coastal Reserve Management Plan and General Policies for Reserves.

 It allows Council to respond to significant public concerns regarding freedom camping issues.

 Council will be reviewing the Coastal Reserve Management Plan during the winter of 2019.

COMPLIANCE

Significance This matter is assessed as being of some importance.

Options This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Adopt the proposed Freedom Camping Bylaw in Appendix One, with amendments to that consulted on. 2. Adopt an amended Freedom Camping Bylaw to that in Appendix One. 3. Do nothing – retain the existing Freedom Camping Bylaw (2017).

Affected persons The persons who are affected by or interested in this matter are freedom campers, visitors of freedom camping sites and the wider community.

Recommendation This report recommends option one for addressing the matter.

Long-Term Plan/ No Annual Plan Implications

Significant Some options are inconsistent with the Coastal Reserves Policy and Plan Management Plan. Inconsistencies

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4 EXECUTIVE SUMMARY

2. This report presents the summary and analysis of the 867 submissions received on the proposed amendments to the Freedom Camping Bylaw (the Bylaw) following the special consultative procedure. This report provides for the Council to undertake deliberations on the proposed amendments to the Bylaw, and outlines the three options as:  Adopt the proposed Bylaw in Appendix One with amendments to that consulted on.  Adopt an amended Bylaw to that in Appendix One.  Do nothing – retain the existing Bylaw.

BACKGROUND

3. The background to the proposed amendments to the Bylaw is provided in Appendix Two.

2018 Proposed amendments to the Bylaw

4. The Council adopted a statement of proposal for consultation under the special consultative procedure, which proposed the following amendments to the Bylaw:  Prohibitions, with freedom camping in vehicles restricted to specific car parks at: • Waiwhakaiho River Mouth year round; • Fitzroy Beach Carpark winter; • East End Beach Carpark year round; • Kawaroa Park year round; and • Oakura Beach front winter;  Restriction of non-self-contained (NSC) vehicles to specific carpark spaces at 23 selected public toilets throughout the district;  Restriction of NSC vehicles to two nights in the same area in a 30 day period; and  Prohibition of tents and other temporary structures.

Consultation

5. Consultation took place between 25 August and 26 September 2018 and the Council received 867 submissions.

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4 6. The hearing for submitters that wished to be heard was held on 30 October 2018 and the submissions are available on the Council’s website for the Council hearing http://www.newplymouthnz.com/Council/Meetings/Hearings.

7. The submissions have also been summarised:  Appendix Three: Results of Proposed Amendment to the Freedom Camping Bylaw Statement of Proposal submissions.  Appendix Four: Summary of comments relating to sites subject to the proposed amendments to the Freedom Camping Bylaw.  Appendix Five: General summary of submissions.

Updates to proposed amendments post submissions

8. A number of clarifications have occurred after further officer investigation post consultation and public submissions. The clarifications remove a number of the options for restricted freedom camping as proposed amendments to the Bylaw as outlined in Appendix One. Two options have been removed as the Council does not control or manage the land. Eight options have been removed as they would be ultra vires to the Reserves Act 1977. The rationale for the updates is provided in Appendix Six.

Options for restricted freedom camping removed as proposed amendments of the FC Bylaw within Appendix One Fitzroy Beach - winter (already prohibited in summer) All car parks Oakura Beach front – winter (already prohibited in All car parks summer) East End Beach All car parks Kawaroa All car parks Bell Block Mangati Walkway All car parks Corbett Park Single car park Centennial Park All car parks Pukekura Park, Rogan Street Five car parks Inglewood CBD All car parks CBD Exaloo Single car park

9. The Waiwhakaiho River Mouth car park, although covered by the Coastal Reserves Management Plan, is not vested as reserve and therefore not subject to the Reserves Act 1977 (refer to Appendix Six).

10. The Statement of Proposal (SOP) incorrectly had a prohibition for the Wind Wand car park in addition to the proposed NSC vehicle freedom camping car parks. With daytime parking restrictions applying at the Wind Wand a

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4 prohibition was not considered necessary and should not have been included within the SOP. The prohibition at the Wind Wand car park has therefore been removed as a proposed amendment to the Bylaw in Appendix One.

Matters for determination

11. The Council is now required to make decisions regarding the proposed amendments to the Bylaw following consideration of the submissions. Under section 11 of the Freedom Camping Act (FCA) a local authority is only able to prohibit/restrict freedom camping in a certain area if it is necessary to:  Protect the area;  Protect the health and safety of people who may visit the area; or  Protect access to the area.

12. The following commentary is provided on the submissions to the proposed amendments.

Proposed prohibitions of freedom camping

13. Freedom camping is already prohibited within the existing Bylaw year round at Back Beach bottom carpark and over summer (1 November to 30 April) at the Fitzroy Beach Carpark and the Oakura Beach front to protect public access to these areas and no amendments were proposed to these provisions of the Bylaw.

14. To solve the problems associated with overcrowding at Waiwhakaiho, and the potential for flow on problems at other coastal locations, the proposed amendments to the Bylaw to protect access to areas were to apply prohibitions with a limited number of parks available for freedom camping:  Year round for Waiwhakaiho River Mouth, East End Beach Carpark only given that they are located greater than 100 metres from the public toilets) and Kawaroa Carpark; and  Over winter (1 May to 31 October) at Fitzroy Beach Carpark and Oakura Beach front. 15. As outlined above and within Appendix Six, for Fitzroy Beach car park, Oakura Bach front, East End and Kawaroa the Council can now only deliberate whether or not to apply a prohibition under the FCA to protect access to these areas.

16. The results of the submissions are provided in Appendix Three. Within the responses there was a reasonably consistent split across all sites and seasons showing:  48 to 59 per cent seeking a full prohibition;  30 to 37 per cent supporting the prohibition with freedom camping restricted to specific car parks;

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4  Five to 11 per cent seeking no additional restrictions at all; and  Four to five per cent not selecting an option.

17. The proposals were split between winter and summer to reflect that these coastal locations experience the greatest pressure from both public access and freedom camping during the summer months.

18. A summary of submissions is provided in Appendices Four and Five.

19. The Kaitake Community Board support full prohibition for the Oakura Beach front for winter. Clifton Community Board supported the proposed amendments with appropriate monitoring while Waitara Community Board did not provide a position as the sites are not within its area of concern.

20. Ngāti Tawhirikura a Hapū supported full prohibition at all sites. Te Runanga o Ngāti Mutunga, Te Kotahitanga o Te Atiawa Trust and Puketapu Hapū requested that that the freedom camping restricted to specific carparks be limited to SC freedom camping only.

21. The New Zealand Motor Caravan Association (NZMCA) requested two to three parks for larger SC vehicles to be provided at the Fitzroy Beach Carpark and Oakura Beach front.

22. The Urenui Beach Camp and Onaero Bay Holiday Park requested that freedom camping be prohibited from these areas. Both sites are subject to the Coastal Reserves Management Plan that does not provide for camping (other than the designated campgrounds) and therefore freedom camping is already prohibited from these two domains under the Reserves Act.

23. Under the status quo option for Fitzroy, Oakura, East End and Kawaroa no additional prohibitions would apply within the Bylaw under the FCA. All freedom camping would still be prohibited within land vested as reserve under the Reserves Act 1977.

24. The Waiwhakaiho River Mouth car park is not vested as reserve. Therefore, the Council could make decisions contrary to the Coastal Reserves Management Plan in providing for restricted NSC vehicle freedom camping, although the Council would need to identify that it is making a decision inconsistent with a plan under section 80 of the Local Government Act (refer to Appendix Six).

25. Retaining the status quo for the Waiwhakaiho is not recommended given the problems of overcrowding from freedom camping.

26. The recommendation is:

 To adopt prohibitions at Fitzroy Beach carpark, Oakura Beach Front, East End and Kawaroa; and

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 To adopt prohibition with or without restricted vehicle camping (either SC only or NSC and SC) at the Waiwhakaiho River Mouth.

27. The recommendations reflect that :

 Issues associated with overcrowding at the Waiwhakaiho River Mouth;

 The potential for flow on effects and issues at the other four high use public sites if freedom camping is prohibited at Waiwhakaiho; and

 The high level of community concern with and opposition to freedom camping at all of the five sites.

Proposed restriction of NSC vehicles to specific car parks in the vicinity of existing public toilets

28. All public toilets within the New Plymouth District were assessed for their feasibility to provide for freedom camping and 23 potential public toilet sites were identified within the proposed amendments subject to the special consultative procedure. As already noted within this report seven of these public toilet options have now been removed from the proposed Bylaw in Appendix One (refer to Appendix Six).

29. Only fifteen sites are now the subject of the proposed amendments. Across all sites in the vicinity of public toilets freedom camping was strongly opposed:  62 to 83 per cent opposed the proposals;  Twelve to 31 per cent supporting the proposals; and  Five to nine per cent not selecting an option.

30. A summary of submissions is provided in Appendices Four and Five.

31. The Waitara Community Board supported the Battiscombe Terrace proposal and opposed the Waitara CBD proposal. They also requested that Marine Park be included to support the Battiscombe Terrace site. The current layout adjacent to the public toilet at Marine Park is not considered suitable, and would require modification to provide for NSC vehicle freedom camping. Investigation of modifications to other existing public toilet to provide for NSC vehicle freedom camping is provided as an option for further work.

32. The Clifton Community Board has requested a prohibition from CBD or residential areas and did not support a number of the proposals including Yandle Park within the Clifton Community Board area.

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4 33. The Kaitake Community Board oppose the Oakura CBD proposal and requested a single night apply for Corbett Park for summer. At this stage it is proposed that for consistency the same number of nights is applied across the district.

34. Ngāti Tawhirikura a Hapū opposed the proposals at all sites. Te Rūnanga o Ngāti Mutunga, Te Kotahitanga o Te Atiawa Trust and Puketapu Hapū sought a ban of all NSC freedom camping.

35. Concerns were raised in submissions regarding the location of carparks on Carthew Street Okato, due to the proximity of the Fire Station. To alleviate these concerns the park closest to the Fire Station is proposed to be moved away from the entrance as shown on revised Okato Map should the Council resolve to approve this location.

36. The NP Brass Band raised concerns regarding the number of carparks available for NSC freedom campers at Rogan Street and requested it was reduced to four at the eastern end of the carpark to ensure that they could access their practice rooms. It is noted that only five carparks located on road reserve are now subject to the Council’s deliberation (refer to Appendix Six).

37. The submission from the Fitzroy Business Group and public included a petition of 1,732 signatures and when added to 119 petition signatures already provided to the Council, there was a total of 1,851 signatures opposing the proposal for the Fitzroy CBD.

38. Many submitters did not support any NSC vehicle freedom camping within urban CBD areas, or within the vicinity of residential dwellings.

39. Many submitters sought to ban outright NSC vehicle freedom campers. A decision to prohibit NSC vehicle freedom campers by the Council would be at risk of legal challenge given that this was not consulted on as a proposed amendment to the Bylaw. It is therefore recommended that should Council wish to pursue a prohibition of NSC vehicle freedom campers then it should be subject to a separate special consultative procedure to follow due legal process.

40. The Council could determine to approve the proposed restriction of NSC vehicle freedom camping at any of the fifteen public toilets. Should the Council determine to reduce the number of public toilets and/or carparks available for restricted NSC vehicle freedom camping it will need to remain conscious of the total number sites available for NSC freedom camping.

41. For Lake Rotomanu, Wind Wand carpark, and Corbett Park sites the Council could make decisions contrary to the Coastal Reserves Management Plan in providing for restricted NSC vehicle freedom camping. However, the Council would need to also identify that it is making a decision inconsistent with a plan under section 80 of the Local Government Act (refer to Appendix Six).

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4 42. A number of the sites currently have no formal carpark markings. Therefore, carpark design principles have been applied to these sites as shown in Appendix One to ensure that all identified parks would continue carpark functionality should the Council resolve to approve these locations.

43. The recommendation is to:

 not proceed with the following locations proposed restrictions for non- self-contained freedom camping as amendments to the Freedom Camping Bylaw: • Inglewood CBD • Moturoa Shopping Centre; • New Plymouth CBD – Exaloo; • Oakura CBD; • Okato; • Westown Shopping Centre; • New Plymouth CBD – Gover Street; • Waitara CBD; • Fitzroy Shopping Centre; • Yandle Park; • Hickford Park; • Centennial Park; and • Bell Block Mangati Walkway.

 Adopt restrictions for NSC vehicle freedom camping at: • Lake Rotomanu (four); • Battiscombe Terrace (six); • Corbett Park (five); • Wind Wand Carpark (eight); and • Pukekura Park Rogan Street (five).

44. The recommendation reflects:  the high level of community concern with and opposition to NSC vehicle freedom camping at all of the sites and in particular CBD and those in closest vicinity to residential areas;

 recognising the inability at this time to fully prohibit NSC vehicle freedom camping as this was not proposed as an amendment to the Bylaw; and

 striking a balance with the provision of some sites for NSC vehicle freedom camping in the vicinity of public toilets.

Proposed reduction from three to two nights for NSC vehicle freedom campers

45. The existing Bylaw does not differentiate between SC and NSC freedom camping. To differentiate between SC and NSC freedom camping a definition for SC was included within the proposed Bylaw amendments. The proposed

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4 amendment to the Bylaw requires a SC vehicle to comply with, and be certified under, NZS 5465:2001 New Zealand Standard Self-Containment of Motor Caravans and Caravans as evidenced by the display of a current self- containment warrant issued under that Standard. The Council has advocated to central government that the certification of self-containment should be integrated into the WOF system to provide greater clarity regarding regulation of this matter under the FCA and it is understood that this is being looked at.

46. It is also noted that NZS 5465:2001 defines the minimum facilities that a motor caravan or caravan needs to contain the waste which its occupants produce, and to provide the fresh water they require, is for a minimum of three days. This is reflected within the current Bylaw. The proposed differentiation of SC and NSC freedom camping within the Bylaw provides the opportunity to consider different lengths of stay for the different class of freedom camping vehicle.

47. Submitters were asked if they support one, two or three nights for NSC vehicle freedom camping. As some submitters selected one night while indicating that they would prefer no nights within the comments, this option has been presented for completeness. A number of submitters also indicated no nights and some questioned the validity of the consultation for not providing no nights as an option. This reflects that the consultation was based on proposed amendments to the Bylaw. Regardless, the no night option results have still been presented for completeness.

48. The results of submissions are provided in Appendix Three. The responses to proposed limit of two nights in a single site for NSC vehicle freedom camping as an amendment to the FC Bylaw were:  Three nights: nine per cent;  Two nights: 19 per cent;  One night: 24 per cent;  One night or none: seven per cent; and  No nights or full prohibition: 29 per cent.

49. A summary of submissions is provided in Appendices Four and Five.

50. Clifton Community Board selected one night. Waitara Community Board selected three nights. Kaitake Community Board sought one night for Corbett Park in summer and three nights for Ahu Ahu Road, Weld Road and Corbett Park in winter.

51. It is noted that a number of submitters sought prohibition of NSC freedom camping including:  Te Rūnanga o Ngāti Mutunga;

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4  Te Kotahitanga o Te Atiawa Trust; and  Puketapu Hapū.

52. Ngāti Tawhirikura a Hapū selected one night while indicating within the comments that NSC should be discouraged. This was therefore counted as a one/none.

53. Many submitters sought to ban outright NSC vehicle freedom campers. A decision to prohibit NSC vehicle freedom campers by the Council would be at risk of legal challenge given that this was not consulted on as a proposed amendment to the Bylaw. It is therefore recommended that should Council wish to pursue a prohibition of NSC vehicle freedom campers then it should be subject to a separate special consultative procedure to follow due legal process.

54. The recommendation is to adopt the proposed restriction of NSC vehicle freedom camping to two nights in a single location reflecting:

 The provision of a higher level of restriction for NSC vehicles to SC; and

 That two nights will require NSC vehicles to move more regularly which should help with the promotion of greater dispersal.

Proposed prohibition of tents and other temporary structures

55. The FCA specifically provides for tents and other temporary structures in addition to vehicles for freedom camping. The problem with tents and other temporary structures is that they prevent use of public space for which it was otherwise intended (in addition to self-containment). The proposed amendments to the Bylaw were to prohibit tents and other temporary structures to protect public access to the area of the new Plymouth District.

56. The consultation also recognised that there was a potential compromise from a full prohibition in providing one night only, and pitch one hour before sunset and pull camp within two hours after sunrise the following morning, within 100 metres of public toilets. The rationale was that this would allow a single overnight stay with available public toilet facilities, while ensuring that public open space was still mostly available through daylight hours.

57. The results of the Proposed Amendment to the Freedom Camping Bylaw Statement of Proposal submissions are provided in Appendix Three. The responses to proposed prohibition of tents and other temporary structures were:  Full prohibition; 78 per cent; and  One night pitch and pull: 15 per cent.

58. A summary of submissions is provided in Appendices Four and Five.

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59. Kaitake Community Board, Clifton Community Board, Te Kotahitanga o Te Atiawa Trust and Puketapu Hapū supported a full ban for tents and other temporary structures.

60. Waitara Community Board, Te Runanga o Ngāti Mutunga and Ngāti Tawhirikura a Hapū supported allowing tents for one night only with pitch and pull restrictions. Waitara Community Board also proposed summer 6pm-9am and winter 4pm-9am pitch and pull restrictions

61. The recommendation is to adopt the proposed prohibition of tents and other temporary structures reflecting:

 The high level of community concern with and opposition to tents and other temporary structures.

Other matters

Infrastructure

62. The following infrastructure is proposed to support freedom camping within the vicinity of existing public toilets:  External taps and sumps to provide for potable water and grey water disposal;  Big belly bins for refuse;  An external cold water shower at the Corbett Park coastal locations noting that all other coastal locations already have external cold water showers;  Signs; and  Carpark markings and sensors.

63. There is also a possibility that with additional use that some public toilets may need an increase in the regularity of the cleaning schedule.

64. A full outline of potential infrastructure capex and associated opex is provided in Appendix Seven.

Regulation

65. A graduated enforcement model is proposed;  Welcome and educate;  Advise and request change of behaviour; and  Regulation supported with infringement fines, parking tickets, clamps.

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4 66. A full outline of the proposed regulation is provided in Appendix Seven.

Temporary measures clause

67. The submission from the NZMCA questioned the legality of clause 9 and the temporary prohibitions put in place by the Council. It is noted that temporary restrictions can only really be temporary, for example enough time to repair/maintain physical infrastructure etc.

68. The Council sought legal advice on this matter and it is proposed to refine the Clause 9 as per the changes outlined in Appendix One to better reflect the intent of temporary measures.

SIGNIFICANCE AND ENGAGEMENT

69. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance. The Council received 867 submissions through the special consultative procedure, indicating that the wider community has a high level of interest in the matter, which can be a contentious issue with the community. Freedom camping is an increasingly popular tourism trend, and therefore regulation and management of the activity is important for maintaining the natural integrity and public amenity of the district, but also in maintaining and building on New Plymouth as a tourist destination.

OPTIONS

The below options assessment categories relate to all three of the options: a) Statutory Responsibilities All options outlined as available to the Council align with the requirements of the FCA and the Reserves Act 1977. Section 11 of the FCA provides that a local authority may make a bylaw to either protect the area, to protect the health and safety of people who may visit the area, or to protect access to the area. Under section 11(5) of the FCA, a local authority must use the special consultative procedure if amending a bylaw made under this section of the FCA – this obligation has been met. The officer’s recommendations are considered to be the most appropriate and proportionate way of addressing the perceived problems in relation to the areas and to not be inconsistent with the New Zealand Bill of Rights Act 1990. b) Consistency with Policies and Plans The options to provide for restricted freedom camping is at Waiwhakaiho River Mouth (Map 6), Coastal Walkway – Wind Wand (Map 11), Corbett Park (Map 13) and Lake Rotomanu (Map 15) within the Bylaw would be inconsistent with the Coastal Reserves Management Plan. Should the Council determine to provide for restricted freedom camping at these sites it would need to identify

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4 that it was making a decision inconsistent with a plan under section 80 of the Local Government Act. All the other options provided to the Council are consistent with the Council’s policies and plans, including reserve management plans. c) Participation by Maori Iwi and hapū were notified of the consultation taking place on the proposed amendments to the Bylaw. Submissions were received from Te Rūnanga o Ngāti Mutunga, Te Kotahitanga o Te Atiawa Trust, Puketapu Hapū and Ngāti Tawhirikura a Hapū. d) Community views and preferences The Council ran the special consultative procedure between 25 August and 26 September 2018. The Council also carried out a flyer drop to businesses and residents located near selected public toilets, advising of the consultation on the proposed Bylaw. The Council received 867 submissions from the consultation.

Option 1 Adopt the proposed bylaw in Appendix One

a) Financial and Resourcing Implications Adopting the proposed Bylaw would have indicative costs as outlined within the report and in Appendix Seven.

b) Risk Analysis The risk of this option is that the community may continue to have concerns regarding NSC vehicle freedom campers at the sites provided for while others may consider that the restrictions go too far. This risk is mitigated through proposed regulation and enforcement.

c) Promotion or Achievement of Community Outcomes This option supports all three outcomes of People, Place and Prosperity. The Council is putting people and place first through protecting access to areas for the local community through prohibitions at the high profile coastal locations, and supporting a prosperous district, by welcoming tourists to our district.

d) Advantages and Disadvantages The advantages of this option are that the proposed Bylaw provides for SC and NSC vehicles in a regulated way, which will protect access for all users at popular sites, protect the environment and protect public health and safety.

The disadvantages of this option are that the community may continue to have concerns regarding NSC vehicle freedom campers.

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4 Option 2 Adopt the proposed bylaw with amendments to that in Appendix One

a) Financial and Resourcing Implications Adopting the proposed Bylaw with amendments may have similar costs to option one above (if adopting the designated carparks near public toilets), but would most likely be more, if the Council restricts NSC vehicle freedom camping to car parks in the vicinity of public toilets.

b) Risk Analysis This is dependent on the approach taken within the Council’s decisions.

c) Promotion or Achievement of Community Outcomes This is dependent on the approach taken within the Council’s decisions.

d) Advantages and Disadvantages This is dependent on the approach taken within the Council’s decisions.

Option 3 Do not adopt the proposed bylaw – retain the status quo

a) Financial and Resourcing Implications This option maintains the status quo, so there would be only very small additional financial and resourcing implications.

b) Risk Analysis The risk in maintaining the status quo is that a similar situation to the previous year may arise, particularly at the Waiwhakaiho River mouth area. There is also a risk that the Council will not be seen as being responsive to the issues and community response to those issues, which arose last summer.

c) Promotion or Achievement of Community Outcomes This option promotes Prosperity, through welcoming tourists to the district and promoting a vibrant economy.

d) Advantages and Disadvantages The advantage of this option is that the Council knows where the issues lie and can be immediately responsive to these – through a thorough and strict monitoring regime and improved signage and messaging. In addition, this approach is responsive to the issues that did arise (the main issue with freedom camping was at Waiwhakaiho).

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4 The disadvantage of this option, is that the Council may be perceived as not being responsive to the community’s concerns.

Recommended Option This report recommends Option One (1) for addressing the matter.

APPENDICES Appendix One Proposed amendments to Freedom Camping Bylaw – http://dm?7863792 Appendix Two Background Information http://dm?7883773 Appendix Three Results of Proposed Amendment to the Freedom Camping Bylaw Statement of Proposal Submissions http://dm?7883771 Appendix Four Summary of comments relating to sites subject to the proposed amendments to the FC Bylaw – http://dm?7863574 Appendix Five General summary of submissions – http://dm?7863573 Appendix Six Reserve Act, reserve management plan and Council land control implications - http://dm?7883772 Appendix Seven Proposed Infrastructure and regulatory response to support Freedom Camping Bylaw decision, including capex and opex costs - http://dm?7863648

Report Details Prepared By: Mitchell Dyer (Policy Development Lead Team: Policy Development Team Approved By: Liam Hodgetts (Group Manager Strategy) Ward/Community: District Wide Date: 26 November 2018 File Reference: ECM7885628

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APPENDIX ONE 4.1

New Plymouth District Council Bylaw

Freedom Camping Bylaw 2017

The purpose of this bylaw is to regulate freedom camping in the district in order to protect:  local authority areas;  the health and safety of people who may visit local authority areas;  access to local authority areas.

Proposed Amendment to the Freedom Camping Bylaw Statement of Proposal August 2018 – additions marked with an underline and deletions with a strikethrough.

Subsequent proposed amendments – text additions marked with double underline and deletions with a double strikethrough. Map changes marked with red circle and cross show where parks have been removed. Map 22 Okato shows a new park is indicated with word ‘New’ in red.

Note – map numbering will be updated on final Freedom Camping Bylaw to reflect final Council decision.

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4.1

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1. Authority 4.1 1.1 This bylaw is made under the Freedom Camping Act 2011 and the Local Government Act 2002.

The following note is explanatory and is not part of the bylaw: This bylaw applies only to the areas under the control of the New Plymouth District Council.

Compliance with this bylaw does not remove the need to comply with all applicable Acts, regulations, bylaws, and other regulatory requirements. This includes complying with any parking or other traffic restrictions in any area, not littering, complying with any restrictions or prohibitions on the lighting of fires, not making excessive noise, and complying with the directions of enforcement officers or other authorised persons.

2. Commencement

2.1 This bylaw comes into force on 23 December 2017.

3. Purpose

3.1 The purpose of this bylaw is to regulate freedom camping in the district in order to protect: a) local authority areas; b) the health and safety of people who may visit local authority areas; c) Access to local authority areas.

4. Interpretation

4.1 In this part unless the context otherwise requires: Definitions

Act means the Freedom Camping Act 2011.

Council means the New Plymouth District Council.

District means the New Plymouth District.

Prohibited areas means freedom camping is not allowed in this area, in accordance with clause 5 of this bylaw, unless a permit has been granted under clause 8.

Self-contained vehicle means a vehicle designed and built for the purpose of camping which has the capability of meeting the ablutionary and sanitary needs of occupants of that vehicle for a minimum of three days without requiring any external services or discharging any waste, and complies with, and is certified under New Zealand Standard 5465:2001 (including the March 2012 and May 2017 amendments to the Standard), as evidenced by the display of a current self-containment warrant issued under that Standard.

New Plymouth District Council Freedom Camping Bylaw 1

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The following terms have the same definitions as in the Act – the definitions are set out in the guidance material: 4.1 Freedom camp

Local authority area

5. Prohibited areas

5.1 Subject to clause 8, a person must not freedom camp: Prohibited areas a) in any local authority area in tents or other temporary structures; or b) in a vehicle in any area marked red on any map in Schedule 1 during the dates in which it is indicated that freedom camping is prohibited.

5.1 A person must not freedom camp in any area marked red on any map in Schedule 1 during the time period in which it is indicated that freedom camping is prohibited. (bylaw clause)

5.1 A person must not freedom camp in any area marked red on any map in Schedule 1 during the dates in which it is indicated that freedom camping is prohibited. (SOP clause)

5.2 A person may freedom camp in an area prohibited under clause 5.1 if that person has obtained a permit from the Council under clause 9 that provides a dispensation from clause 5.1 or 6.1, and complies with all terms and conditions of that permit.

6. Freedom Camping Restricted Areas – non-self- contained

6.1 Subject to clause 8, a A person may freedom camp in a non-self- Non-self- contained vehicle in the non-self-contained restricted areas contained identified for freedom camping in Schedules 1 and 2 of this Bylaw, excluding those areas prohibited in clause 5.1 subject to complying with all of the following restrictions: a) the vehicle must be parked in a non-self-contained restricted area; b) the vehicle must be parked legally; c) must not stay in the same area in the district for more than two periods of up to 24 hours in a 30 day period; d) must not prevent others from undertaking legitimate activities in the area; e) must not light any fires at the area; and f) must comply with the noise requirements set out in the operative District Plan;

6.2 In clause 6.1 (c) “the same area” means the land within 500 metres of the place where the person was last freedom camping.

6.3 Despite clause 6.1, a person may freedom camp in any local authority area if that person has: a) Obtained a permit from the Council under clause 9 that provides a dispensation from some or all of the restrictions in

2 New Plymouth District Council Freedom Camping Bylaw 2017

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clause 6.1; b) Complies with all terms and conditions of that permit; and 4.1 c) Complies with all restrictions in clause 6.1 from which no dispensation has been given.

6.4 Freedom camping in tents or other temporary structures is prohibited.

6. Freedom camping Restricted Areas – self-contained 7. vehicles

6.17.1 Subject to clause 8, a A person may freedom camp in a self- Self-contained contained vehicle in restricted area, being any local authority area, including non-self-contained restricted areas, excluding those prohibited in clause 5.1, subject to complying with all meeting of the following restrictions requirements: a) must be in a certified-self-contained vehicle; b) the vehicle must be parked legally when using a vehicle to freedom camp; must not prevent others from undertaking legitimate activities in the area; c) must not stay in the same area in the district for more than three periods of up to 24 hours in a 30 day period; d) must not prevent others from undertaking legitimate activities in the area; e) must not light any fires at the area; and f) must comply with the noise requirements set out in the operative District Plan, or. f) subject to a permit granted by the Council under clause 7 where one or more of the requirements in clause 6.1(a) to (e) are not met.

6.27.2 In clause 6.1(c) 7.1(c) “the same area” means the land within 500 metres of the place where the person was last freedom camping.

7.3 Despite clause 7.1, a person may freedom camp in any local authority area if that person has: a) Obtained a permit from the Council under clause 9 that provides a dispensation from some or all of the restrictions in clause 7.1; b) Complies with all terms and conditions of that permit; and c) Complies with all restrictions in clause 8.1 from which no dispensation has been given.

7. Permits from the Council 8.

7.18.1 The Council may grant a permit providing dispensation from a Permits prohibition under clause 5.1 or the bylaw where one or more of the restrictions in requirements of clauses 6.1(a) to (f) or 7.1(a) to (f). Permits may be granted with or without conditions. Conditions may include, but are not limited to:

New Plymouth District Council Freedom Camping Bylaw 3

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a) maximum number of people; 4.1 b) maximum number of vehicles/tents/caravans; c) maximum number of nights.

7.28.2 Application for a permit must be made: a) in writing; b) providing sufficient detail about the proposed freedom camping, including information about how the applicant will manage waste generated while freedom camping; why the freedom camping will not comply with one or more of the requirements of clauses 5 and 6 6.1 and 7.1 and why, and what efforts will be made to otherwise comply (for example, if freedom camping for more than three 24 hour periods, how the applicant will manage waste generated while freedom camping); with the rest of the requirements other than the ones for which dispensation is sought and c) be made at least 20 working days in advance of the date planned for freedom camping.

8. The Council may temporarily close an area to 9. freedom camping

8.19.1 In accordance with sections 145, 146(b), and 151(2) of the Local Temporary Government Act 2002, the The Council may, by resolution, in closures accordance with section 151(2) of the Local Government Act 2002 temporarily close or restrict any local authority area (or part of such area) in which freedom camping can be undertaken is usually permitted to some or all types of freedom camping in any area or part of any area where the closure or restriction is considered necessary to: a) prevent damage to the local authority area or facilities in the area repair damage that significantly affects the use of the local authority area or facilities in the area for freedom camping, or to prevent damage occurring where there is an immediate threat of damage that would otherwise require the Council to close the area to repair the damage; or b) allow maintenance to be carried out on the local authority area or facilities; or c) provide for better public access, including in circumstances where events are planned for that area. (bylaw clause) provide for better public access, to facilitate, events, occasions, public holidays, and the like. (SOP clause) to ensure public health and safety can be maintained by ensuring safe public access to and from temporary events and occasions.

8.29.2 Notice will be given of any temporary closure or restriction, and the removal of any closure or restriction, in any manner the Chief Executive considers is appropriate to the reason for the closure or restriction. Where possible, not less than 24 hours’ notice of any temporary closure or restriction will be given.

The following note is explanatory and is not part of the bylaw: Notice given by the Council may include any of the following: a sign

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erected in the area; and/or advertising on the Council’s website or on the radio; and/or a public notice in the paper. 4.1

9. Effect of this bylaw on other bylaws and enactments 10.

9.110.1 This bylaw does not override or affect any time, vehicle class or Effect of this other restrictions that apply to the parking of a vehicle, made bylaw on other under any other bylaw or enactment. bylaws and enactments

The following note is explanatory and is not part of the Bylaw: This clause is to make it clear that approval of freedom camping under this bylaw also satisfies any requirement for approval under another bylaw or enactment. For example: the Council designates parking areas under the Traffic Bylaw and Council approval is needed to make changes; approving the same area for freedom camping under this bylaw also provides any Traffic Bylaw approval, if required (but the freedom camping must still comply with any parking time limits, etc. applicable to the area).

9.210.2The Council resolved to make a bylaw under the Freedom Camping Act 2011 at a meeting of the Council on 5 September 2017. Following consideration of submissions received during a special consultative procedure, the Council adopted this bylaw by resolution at a subsequent meeting of the Council on 6 December 2017. Public notice was issued on 16 December 2017 to set the operative date at 23 December 2017.

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4.1

Schedule 1: Maps of prohibited and restricted areas

Map number Where is freedom camping prohibited?

Map 1 Fitzroy Beach carpark between 1 November and 30 April

Map 2 Fitzroy Beach carpark between 1 May and 31 October

Map 3 Back Beach bottom carpark

Map 4 Oakura beach front between 1 November and 30 April

Map 5 Oakura beach front between 1 May and 31 October

Map 6 Waiwhakaiho River Mouth

Map 7 East End Beach

Map 8 Kawaroa Park

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4.1 Map 1: Fitzroy Beach carpark between 1 November and 30 April Freedom camping prohibited area at all times between 1 November and 30 April

1 May – 31 October: freedom camping permitted

Public toilet

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4.1

Map 2: Fitzroy Beach Carpark between 1 May and 31 October

Freedom camping prohibited area at all times between 1 May and 31 October

Freedom camping non‐self‐contained restricted area between 1 May and 31 October

Public toilet

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4.1

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4.1 Map 3: Back Beach bottom carpark

Freedom camping prohibited area at all times

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4.1 Map 4: Oakura Beach front between 1 November and 30 April

Freedom camping prohibited area at all times between 1 November and 30 April

1 May – 31 October: freedom camping permitted

Public toilet

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4.1 Map 5: Oakura beach front between 1 May and 31 October

Freedom camping prohibited area at all times between 1 May and 31 October

Freedom camping non‐self‐contained restricted area between 1 May and 31 October

Public toilet

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4.1 Map 6: Waiwhakaiho River Mouth

Freedom camping prohibited area at all times

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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Map 7: East End Beach

Freedom camping prohibited area at all times

Freedom camping non‐self‐contained restricted area

Freedom camping self‐contained restricted area

Public toilet

100m radius from public toilet

Note: This map replaces the two maps shown in the SOP, crossed out on following pages.

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4.1 Map 8: Kawaroa Park

Freedom camping prohibited area at all times

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

Note: This map replaces the two maps shown in the SOP, crossed out on following pages.

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4.1 Schedule 2: Maps of non-self-contained restricted areas

Map number Where is non-self-contained freedom camping allowed restricted?

Map 9 Battiscombe Terrace

Map10 Bell Block Mangati Walkway

Map 11 Coastal Walkway – Wind Wand

Map 12 Centennial Park

Map 13 Corbett Park

Map 14 Pukekura Park – Rogan Street

Map 15 Lake Rotomanu

Map 16 Hickford Park

Map 17 Yandle Park

Map 18 Moturoa Shopping Centre

Map 19 Inglewood CBD

Map 20 Westown Shopping Centre

Map 21 Waitara CBD

Map 22 Okato

Map 23 Fitzroy Shopping Centre

Map 24 NP CBD Gover Street

Map 25 NP CBD Exaloo

Map 26 Oakura CBD

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Map 9: Battiscombe Terrace

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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Map 10: Bell Block Mangati Walkway

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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Map 11: Coastal Walkway Wind Wand

Freedom camping prohibited area at all times

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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Map 12: Centennial Park

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 13: Corbett Park

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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4.1 Map 14: Pukekura Park Rogan Street

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 15: Lake Rotomanu

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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Map 16: Hickford Park

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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4.1 Map 17: Yandle Park

Freedom camping non‐self‐contained restricted area

Public toilet

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4.1 Map 18: Moturoa Shopping Centre

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 19: Inglewood CBD

Freedom camping non‐self‐contained restricted area

Public toilet

100m radius from public toilet

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4.1 Map 20: Westown Shopping Centre

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 21: Waitara CBD

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 22: Okato

Freedom camping non‐self‐contained restricted area

Public toilet

Note: This map replaces the map shown in the SOP, crossed out on following page.

New

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Map 23: Fitzroy Shopping Centre

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 24: New Plymouth CBD Gover Street

Freedom camping non‐self‐contained restricted area

Public toilet

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Map 25: New Plymouth CBD Exaloo

Freedom camping non‐self‐contained restricted area

Public toilet

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4.1 Map 26: Oakura CBD

Freedom camping non‐self‐contained restricted area

Public toilet

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4.2 Appendix Two Background information

The Freedom Camping Act 2011

1. The Freedom Camping Act (FCA) was enacted in 2011 and section 10 of FCA permits freedom camping in any local authority area unless it is restricted or prohibited in an area under section 11 or any other enactment. Under S12 of the FCA a bylaw must not absolutely prohibit freedom camping. Under S11 of the FCA a local authority is only able to prohibit / restrict freedom camping in a certain area if it is necessary to:

 protect the area;

 protect the health and safety of people who may visit the area; or

 protect access to the area.

Public Places Bylaw

2. When the FCA was enacted in 2011 the Council regulated freedom camping through clause 22 of the Public Places Bylaw under the Local Government Act 2002(LGA), which restricted freedom camping in the district to self-contained (SC) vehicles only. At that time, Council considered that the Public Places Bylaw aligned with the intent and legislative requirements of the FCA.

2017 review of freedom camping regulation

3. In 2017, Council reviewed the regulation of freedom camping and consulted on switching the regulation of freedom camping from the Public Places Bylaw under the LGA to a new Freedom Camping Bylaw under the FCA. The recommendation was to:

 switch from the LGA to the FCA;

 continue the restriction of freedom camping to SC vehicles only; and

 apply prohibitions and/or restrictions to twelve sites.

4. In December 2017 the Council adopted a Freedom Camping Bylaw (the Bylaw) under the FCA, restricting all freedom camping (SC vehicles, non-self-contained (NSC) vehicles, tents and other temporary structures) throughout the district for up to three nights in a single location, with the exception of three sites – Back Beach bottom carpark (year round prohibition) and Oakura Beach front

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and Fitzroy Beach carpark (summer 1 November to 30 April prohibitions). The 4.2 three prohibitions were to protect access to areas of high public use.

2018 review of freedom camping regulation

5. During the summer of 2017/18 large numbers of freedom campers (predominantly NSC vehicles but also tents) at the Waiwhakaiho River mouth resulted in overcrowding and significant restrictions to public access, along with other freedom camping related issues including increased rubbish, and concerns with public defecation. The large numbers of predominantly NSC freedom campers reflected that the Campermate app (the number one app used by freedom campers in NZ) at the time listed only seven sites for freedom camping within the New Plymouth District:

 five DOC camp sites

 SC at Pitone/Greenwood Road

 NSC at Waiwhakaiho River mouth

6. The congregation and concentration of predominantly NSC freedom campers at a single location in the Waiwhakaiho River mouth area caused considerable community concern. In response the Council installed temporary portaloos and increased the frequency of monitoring patrols, rubbish collection, and toilet cleaning at the Waiwhakaiho River Mouth.

7. On 31 January 2018 the Council resolved to apply temporary measures under clause 8 of the Bylaw through to 30 April 2018 as follows:

 Prohibiting freedom camping at the Waihakaiho river mouth from the public toilet to the western end of the car park;

 Prohibiting freedom camping at East End beach car park with the exception of six car parks;

 Prohibiting freedom camping at the Wind Wand carpark with the exception of two car parks; and

 Prohibiting freedom camping at the Kawaroa carpark with the exception of two car parks.

8. The temporary measures sought to address the problems at Waiwhakaiho and reduce or prevent the perceived problems with ancillary flow on issues at the other sites. The Council also liaised with Campermate to:

 Include information regarding the temporary measures; and

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 Add additional locations to the app to be identified as “Free 4.2 Campground” (changed in July to Free Camping Area); including Tongaporutu, Battiscombe Terrace, Bell Block Beach, Back Beach middle carpark, Ahu Ahu Road (SC only) and Weld Road.

9. In response to concerns from local campground operators regarding the 30 April 2018 cessation of the Fitzroy and Oakura summer prohibitions and the temporary measures the Council resolved on 15 May 2018 to extend the temporary measures referred to above under clause 8 of the Bylaw through to 31 October 2018 and also add:

 Prohibiting freedom camping at the Fitzroy Beach car park; and

 Prohibiting freedom camping at the Oakura Beach front.

10. When the Bylaw was adopted in December 2017, Council also resolved to review the Bylaw following the initial summer of operation. The results of this review were reported to Council in August 2018. The main findings were that:

 there was an increase in the number of freedom campers including SC vehicles, NSC vehicles and tents in the district;

 a large proportion of these were NSC vehicle freedom campers (71 per cent);

 the NSC vehicles and tents mostly stayed at Waiwhakaiho River Mouth area; and

 where freedom camping in NSC vehicles and tents occurred within the district there was a corresponding scale of concerns (relative to the number of freedom campers) from the public and the Council with respect to problems with restricted access, rubbish, and public defecation.

11. Five options were presented to the Council to address the problems with freedom camping that arose over the 2017/18 summer period.

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4.3 Appendix Three

Results of the Proposed Amendment to the Freedom Camping Bylaw Statement of Proposal Submissions

Proposed prohibitions to freedom camping

How should freedom camping be managed at the below sites over the summer period?

100 5 4 4 6 5 7 80 37 32 36 60

40 52 59 53 20

0 Waiwhakaiho River Mouth East End Beach Kawaroa Park

Full ban Selected parks for freedom campers No additional restrictions Did not answer

How should freedom camping be managed at the below sites over the winter period?

100 5 4 4 5 4 11 9 9 9 9 80 30 30 37 32 37 60

40 57 55 57 20 48 49

0 Waiwhakaiho River Fitztroy Beach East End Beach Kawaroa Park Oakura Beach Front Mouth

Full ban Selected parks for freedom campers No additional restrictions Did not answer

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Proposed restrictions to non-self-contained vehicle freedom camping 4.3

Do you agree with restricting NSC campers to stay in the below areas with public toilets 100 6 8 7 7 7 7 9 8 6 7 7 6 6 6 6 6 6 5 5

60 63 62 63 65 64 65 65 69 73 75 75 76 78 78 78 78 79 80 83 40

20 31 30 30 28 28 28 26 23 20 19 18 18 16 16 16 16 15 15 12 0

Yes No Did not answer

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Proposed reduction to the number of nights from three to two for non-self-contained 4.3 vehicle freedom camping

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Proposed prohibition for tents and other temporary structures 4.3

How should NPDC manage tents and other temporary structures?

Full ban One night pitch and pull Did not answer

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4.4 Appendix Four Summary of comments relating to sites subject to the proposed amendments to the FC Bylaw.

Back Beach - Too many spaces proposed. Suggestions to allow between two and eight spaces for freedom camping - 30 spaces or more (a designated area for freedom camping)

Battiscombe Terrace - Too many spaces proposed - Disagree with freedom camping at Battiscombe Terrace as there is a campground nearby that is underutilised, there will be conflict of interest e.g. between windsurfers and freedom campers, and there is an increased likelihood of theft and vandalism and unsanitary toilet practices

Bell Block - Too many spaces proposed. Suggestions to allow between two and six spaces for freedom camping

Corbett Park - Needs toilet upgrade, more rubbish bins ad designated areas - Install a gully trap and outside tap, seal the carpark and allow 6 NSC campers - Too many spaces proposed - Provide two spaces - Provide ten spaces or more

East End - Should be generous allowance for NSC, as East End is a large area - Ban freedom camping at East End o Full of locals all year o Popular access point for Coastal Walkway o Near campground - Minimal carparks only at East End - Allow a few parks here, but not on the sea front. - Already stretched for parking and use by locals - East End is near Waiwhakaiho, so no freedom camping here (allow at Waiwhakaiho) - Too central in New Plymouth for freedom camping - SC only / ban NSC - Children and residents enjoy this area

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- Subject to intensive use for prolonged periods of time by the wider 4.4 community. - East End is an identical situation to Fitzroy, which has a summer ban

Exaloo - Too many spaces proposed. Suggestion to allow two spaces for freedom camping - No freedom camping here - one of the sites proposed is currently a Jetts Gym carpark - Allow four spaces - Do not allow freedom camping here

Fitzroy Beach - Area of natural beauty which shouldn’t be detracted from by the presence of freedom campers

Fitzroy CBD - Don’t need more rubbish – shop keepers already clean it up - Businesses struggle with parking already / parking is already congested o Service vehicles o Post office use o Staff o customers - Ridiculous idea - Concerns with safety (including for business owners working extended hours) - Influx of people would make toilets awful (they are already bad) - Fitzroy carpark is already busy / full until 8.30pm every day - Concern with the proximity of these spaces to two primary schools - Too many spaces proposed. Suggestions to allow between two and six spaces for freedom camping - Do not allow freedom camping here - People living in this carpark would be detrimental to my business - Parks are too close to St John Bosco School and put the children at risk

Gover Street - Too many spaces proposed. Suggestion to allow two spaces for freedom camping - Allow 8 spaces - The State Hotel has seven rooms adjacent to these car parks, the idea of van doors and campers outside the hotel is not appealing for guests. The allocated area will be detrimental to our guest experience and we do not want campers outside their bedroom windows

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- Detrimental to business – hotels live and die by guest reviews, and vans 4.4 outside hotel will be detrimental to business – van doors sliding and other noises - Restaurants in vicinity that rely on night time trade will now have four less carparks for patrons - This will destroy business and the general tidy appears of the CBD - Do you mean the whole of Gover Street? - Do not allow freedom camping here

Hickford Park - Too many spaces proposed. Suggestions to allow between two to seven spaces for freedom camping - Suggest near the League and Rugby Club in Bell Block (instead of near Hickford Park) - Toilets here are already awful, freedom campers will make them worse - Allow 15 spaces

Inglewood - Too many spaces proposed. Suggestions to allow between five to seven spaces for freedom campers - Busy carpark with trucks parking, locals shopping, carpooling - This is on a state highway – no freedom camping

Kawaroa  Too many spaces proposed. Suggestions to allow between three to ten spaces for freedom camping  Allow 16 spaces  Allow restricted camping at Kawaroa, as it is out of the way  For SC only / ban NSC  For one night only, parks required by pool users during the day  There is sufficient parking to accommodate some campers, but move them on during the day  Where are squash court members going to park?  Freedom camping near children’s playground puts children at risk, safety of children must come before tourists travelling cheaply  Very high use area already  Retain parking for playground, pool, children and families to enjoy the area etc., not sponges  Freedom camping may discourage families from using the area  Enough room for campers in winter  Too close to a campground, so ban freedom camping  Don’t spoil the beautiful site with freedom campers

Lake Rotomanu  Opposed  Don’t think NSC should be at the Lake

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 Allow two NSC (popular site with family, boat ramp etc) 4.4  Provide two spaces  Provide more spaces  30 spaces or more  Allow tents at Rotomanu  Provide a BBQ with gas

Mangati  Too many spaces proposed

Moturoa  Too many spaces proposed  Not appropriate location – trucks pass through, too noisy  Heavy traffic area / state highway

Oakura Beach  Area of natural beauty which shouldn’t be detracted from by the presence of freedom campers  Only permit at river mouth, and limit the number of sites

Oakura CBD  Does Oakura even have a toilet  Too many spaces proposed  Already short of parking  Allow four spaces

Okato  Foolish to place carparks outside the volunteer fire station – at time of emergency there is an influx of several vehicles of volunteers who need to park quickly and with ease. One of the designated parks is the closest to the front door of the fire station – could put both campers and firefighters at risk. o Also: town hall, church and school  Allow four spaces  Site is too close to the school  Spaces allocated aren’t flat – uncomfortable o The old school area has flat spaces

Pukekura Park – Rogan Street  Too many spaces proposed. Suggestions to allow between four to six spaces for freedom camping  Support 9 carparks for Rogan Street, they are good toilets and grass area. More campers will make the area safer and reduce vandalism. Good for campers to enjoy this ideal camping spot  No freedom camping at Rogan Street  Not suitable for freedom camping o Elderly and families o Pukekura park is iconic

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o This is a family area 4.4 o Locals and tourists struggle to find parking at present  Rogan Street carpark used year round by New Plymouth Brass Band members – this proposal will cause issues – especially around Christmas when there are many band events, and on Mondays, Wednesdays and Thursdays when there are 35 vehicles parked there.  Brass Band believe they have predominant use of a number of the carparks and their busiest time of year is November and December  Use the paddock adjoining the container toilets (as used at WOMAD) rather than proposed area  This area is already renowned for the dumping of rubbish and other undesirable activities – it is a playground area that is easily accessible for parents

Waitara CBD  Too many spaces proposed. Suggestion to allow three spaces for freedom camping

Waiwhakaiho River Mouth  Full ban year round / Waiwhakaiho should be for day-trippers only  SC only / ban NSC  Too beautiful an area to desecrate  Already stretched for parking and use by locals  Lifesavers are not there all year round, so ban in winter  Allow restrictions at Waiwhakahio as it is out of the way  Allow camping near the lake / entrance – near facilities. Won’t restrict public access to facilities / better site than Waiwhakaiho  Open up grass area at river mouth for SC vans  Should be generous allowance for NSC here, as it is a large area  Freedom camping on golf course side of reserve, not on seaward side with the views and blocking pedestrian access  Perfect area to develop for campers to camp safely without inconveniencing local residents – provide some more infrastructure for safety, this will result in an increase in visitors to Taranaki and less damage to the area  Need for additional public toilets at this site  Toilets are always a mess, as too many people there  Waiwhakaiho was an embarrassment last year / it ruined the Coastal Walkway experience / was barren and filthy  Comments in relation to inappropriateness of freedom camping so close to the Fitzroy Beach Campground

Wind wand  Ban campers from this area as it is too small  Big belly bin required  Too many spaces proposed. Suggestions for allowing between two to six spaces for freedom campers

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 Hardly ever any free parks now 4.4

Westown  Already enough issues outside Westown public toilets without adding campers  Not right place for freedom campers – they like beaches  Allow four spaces  Do not allow freedom camping here

Yandle Park  Yandle Park already has limited suitable safe public parking available  Very well used park, playground and public toilet (this is the only public toilet on the main road between New Plymouth and Tongaporutu)  Allow four spaces

CBD / shopping areas  Freedom camping should not be allowed in the CBD, shopping centres or residential areas o It’s inviting trouble o Don’t agree with NSC in shopping areas o No NSC near CBD areas / schools o The mess campers leave wouldn’t be cleaned up in time for shops opening o Retain parking for businesses and their customers / clients  Freedom camping shouldn’t be permitted within a certain distance of food shops or supermarkets  Freedom camping in CBD areas will self-manage – they will be less inclined to loiter, litter and leave a mess if there are people around  Should have to vacate between 8am and 6pm  Day time ban in smaller / busier carparks  How would you police alcohol bans in these areas

Residential areas  Freedom camping near residential areas may cause privacy and safety issues  No NSC near residential areas

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4.5 Appendix Five General summary of submissions.

Number of carparks for campers  No more than five campers at one site  No more than six campers at one location  Limit to five to ten parks at each site  No more than two campers at one public toilet  Limit numbers to ten percent of carparks at a site  Reduce numbers of freedom campers on the coast  Limiting numbers at each site is more important than SC versus NSC  Provide for campers, but don’t let them dominate an area  Must provide carparks for the general public too  Group carparks for campers together – easier to monitor / clearer for campers

Location of carparks for freedom campers  Designate camper parks at Council building carparks (don’t pull carparks from businesses who pay for the sites)  Permit in non-premium sites, away from beaches, lakes etc.  Permit in under-utilised green spaces e.g. Huatoki Domain  Permit in areas away from businesses and residents  Distance freedom camping areas from campgrounds / businesses  Locals in some areas should be the ones to make the decisions on what they want e.g. Okato, Urenui  Ban freedom camping at all inner-city beach carparks  Freedom camping should be away from beaches, public spaces on our coast and internationally renowned parks

Designated campsites  Set up purpose built areas for freedom camping, away from prime locations o So they don’t take up our carparks o With washing and toilet facilities o Away from businesses and campgrounds o Create DOC style sites ($6 per night)  Set up more campgrounds  Set up on metal areas at each end of New Plymouth – Waiwhakaiho River Mouth and Back Beach , to accommodate approximately 30 campers each, with toilets and an honesty box  Provide areas dedicated to tents only o With user-pays facilities o Away from residential areas

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Time restrictions 4.5  Maximum of two nights  No freedom camping on weekends and public holidays  Consider weekend restrictions  Restrict the hours (helps to move people on) o 5pm to 7am o 5pm to 9am o Summer – 6pm – 9am o Winter – 4pm – 9am  Seasonality is irrelevant – any site may be under pressure in winter months too, due to good weather conditions for surfing, fishing etc. attracting people to an area. Keep restrictions the same for summer and winter  Limit SC to one night

Facilities / infrastructure  Provide enough rubbish bins near designated areas / need more rubbish bins at parks and beaches  Provide more facilities for campers – toilets, washing facilities, rubbish bins  Restricting numbers near public toilets will result in less pressure on facilities and mean people use the facilities provided  Provide additional public toilets  Mark out the carparks  Freedom campers should pay for expenses of the ablution blocks e.g. coin operated  Ensure all sites are well serviced – bins emptied and toilets cleaned regularly

Inform campers  Provide a brochure informing campers where they can go  All information must be easily accessible at I-sites and on the website under “freedom camping”  Signage needs to be highly visible, and very specific  Put signage up at all sites which include information on local campgrounds, including contact information

Campgrounds  Subsidise freedom campers who show their passport at campgrounds  Subsidise / reduce campgrounds fees to encourage use of these  Subsidise winter camping at campgrounds  Don’t allow freedom camping near campgrounds  A camping card – pay for three nights, and get four – incentive to use campgrounds / backpackers  Build more campgrounds  NPDC sponsored areas at fully serviced campgrounds

Other comments  SC only, and only in designated carparks  Introduce on the spot fines  Have one rule for all – if you allow exceptions, rules are abused

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 Restrictions should be the same for summer and winter 4.5  Tents and NSC vehicles should have the same restrictions  Allow parking for large campervans / vehicles too  Need to distinguish between “freedom camping” and ”responsible CSC campers”  Remember that many freedom campers are retired New Zealanders and some pensioners who now live in their vans  The more options available, the less of an issue freedom camping will be  Give locals priority over tourists  Tangata whenua should have protected rights if collecting kaimoana or fishing as this is our traditional practice  Control of campers should be at point of hireage – no NSC available for hire  Review freedom camping situation annually  More restrictions for tourists than local residents  New Plymouth District has a lot of great free activities, so tourists will come here, even if they do have to pay for accommodation  Employ parking wardens to collect a $10 fee from freedom campers  Introduce a ticketing system for camping overnight with a fee  Sunset / sunrise policy for tenting is hideous – have Council staff ever been on holiday?

Suggested sites:  Ten spaces outside the Auto Lodge, Devon Hotel and Plymouth Hotel – the campers can use the hotels for food, drink, toilets and have a shower  Fitzroy golf course would be ideal for a near free camp – but nothing should be totally free  Huatoki Campsite / Huatoki Domain  Merriland’s Domain  Peringa Park  Maori Land by Ocean View Parade  Ngamotu Domain, off Pioneer Road – ideal location for freedom campers.  Marine Park considered as an option as an extension to Battiscombe Terrace  Western Suburbs Community Club Rooms – convert the pink and black building into toilets  Yarrow Stadium (off Maratahu Street) / Carpark behind the main grounds at Rugby Hickford Park)Park  Weld Road  Marfell Park  Waiwhakaiho Netball Courts  Council carparks  Marsland Hill has become a spot for freedom camping  The Racecourse, with portable toilets  Site across from Rogan street with portable toilets (when not in use)  Waitara River Mouth  Limited freedom camping should be allowed in green spaces with toilets (e.g. East End Reserve

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Sites with issues highlighted / not recommended for freedom camping / further 4.5 restrictions requested  There is sanitation problem on Kaihihi Road Lower from NSC freedom campers whenever there is good surf. The coastal end can have numerous campers, sometimes restricting the farmer’s access to his property, freedom camping should be prohibited here  Would you allow freedom campers at yarrow stadium or cricket grounds – that is how relevant it is, freedom campers are ruining premiere kite surfing locations  Ahu Ahu Road – some areas ruined with campfires and loss of access for locals  Main concern is the proposal for freedom camping on Urenui and Onaero Domains, where there are commercial businesses operating / make sure Urenui and Onaero do not become default spots  No freedom camping near children’s playgrounds where children are in the mornings and evenings,  No freedom camping near heavily used public areas  Mangorei Road needs restrictions – not toilets at present, but campers are frequently in the area and make a mess  Tongaporutu o Limit freedom camping at Tongaporutu to 15 spaces, with a no camping area adjacent to the boat ramp between 24 December and 2 January – high use area by community and additional visitors o Needs restrictions to preserve some of the area for locals / day trippers, freedom campers occupy the whole sea-front area in summer o Apply a small minimum fee (like the Tainui Domain at Mokau) which has operated a successful honesty box registration system for years (NZMCA help police it)  Wai-iti Beach – no freedom camping  White Cliffs (Pukearuhe Road) - no freedom camping – boat launch, no toilets and limited parking.  Include Bell Block in the restricted area  Ban tenting at all areas along the Coastal Walkway

Support for campgrounds

A number of submitters noted that freedom campers should be staying in one of New Plymouth’s many campgrounds which are located at premium coastal locations throughout the district, have the appropriate facilities for accommodating campers and are value-for-money. In line with this, it was commonly noted that if a freedom camper can afford the airfare to New Zealand, then surely they can afford to pay for a campsite, and they should have factored accommodation costs into their travel budget – just like the rest of us do. In addition, NPDC is destroying campground’s business by allowing any freedom camping. It was commonly noted that Council should be supporting campground lessees and that freedom campers paying for campgrounds (or other accommodation) was the only way to ensure campers contributed to the local economy – SC included.

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4.5 There was overwhelming support for tents and other temporary structures to stay at campgrounds, and a large emphasis on NSC being in campgrounds, but it was also mentioned that SC should be too.

There were various suggestions for increasing the use of campgrounds and around respect for campgrounds, which included:  Freedom campers not be permitted within a certain radius of campgrounds;  Council should subsidise / negotiate with campgrounds to allow a certain number of freedom campers or provide certain facilities for freedom campers;  Sections of campgrounds with more basic facilities be allocated for freedom campers (at a lower fee);  All freedom camping should be prohibited in the district, and they should all stay at campgrounds / accommodation providers;  Council should reduce rates for lessees, so campgrounds can then reduce the fees they charge;  Encourage NSC campers to use campgrounds.

However, contrary to the above, it was also noted that campgrounds are unreasonably expensive, and prices are unaffordable for some people. Some submitters questioned how were they meant to teach their children about nature, if they can’t stay in nature.

Council officers note that under S11 of the FCA a local authority is only able to restrict / prohibit freedom camping in order to protect an area, protect the health and safety of people who may visit the area or to protect access to the area. Nowhere does the Act permit local authorities to prohibit freedom camping for being in a location near to a campground. Additionally, under S12 of the FCA, Council is not able to absolutely prohibit freedom camping.

Ratepayers shouldn’t have to pay for freedom campers’ holidays / user pays

A number of submitters commented that ratepayers are effectively paying for freedom campers’ holidays – the additional rubbish collection, monitoring and toilet cleaning is all being paid for by ratepayers. It was questioned whether there would be rates increases to pay for freedom campers, and noted that if campers stay for free, then ratepayers should get a rates rebate, and that Councillors should remember who it is that they are serving.

In addition, it was noted that rates should be going toward services / facilities that benefit locals, and it is not ratepayers’ responsibility to pay for accommodation for travellers.

The intention of the proposed Bylaw was to provide for freedom campers through the use of existing infrastructure (i.e. public toilets). Although there is some cost for marking out parking spaces, signage, cleaning and monitoring, it is the most cost effective method of providing for NSC freedom camping (rather than building a specific site for freedom campers with appropriate facilities, or permitting NSC throughout the

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district – which may result in far greater monitoring, signage, rubbish collection and 4.5 clean-up costs).

Facilities / infrastructure is for public use, not freedom camping

Similar to the above sentiments, it was noted that the facilities and infrastructure in our public places have been provided for through rates, and are for the local community’s use. The provision of these spaces for freedom campers will effectively limit local’s access to the facilities that they paid for. Examples given include:  taking car-parking away from locals – there are barely enough parking spaces at the city centres now and popular recreation areas, without losing some to freedom campers;  inability to use ablution blocks due to large numbers of campers using them,  infrastructure is incapable of coping with the demand created by freedom campers;  the facilities at the sites were not installed for freedom campers’ use, but for visitors, local residents and ratepayers to enjoy the area;  freedom campers take parks at prime, waterfront spaces, which means elderly, who cannot walk very far, cannot park where they can easily see the views;  Campers are welcome to use facilities for daily needs – as are locals, but using them for camping is unacceptable.

In addition, a number of submitters questioned the definition of carparks and campgrounds and noted that they wished to enjoy the various sites without them being used as temporary dwellings.

In relation to this, some submitters questioned who had the right to the carparks – freedom campers or residents wishing to park to use the areas, shops, facilities etc.

The intention of the proposed amendments to the Bylaw is to restrict NSC vehicle freedom campers a certain number at any given site – which in turn attempted to protect access to these areas for local, recreational, and other users. In addition, limiting numbers of freedom campers at any site would also protect the health and safety of users of the area – through preventing an inundation of freedom campers using these areas and putting strain on the infrastructure.

The existing parking restrictions would still apply to carparks, which would move freedom campers on during the day from those carparks. The carparks would not be exclusively for freedom campers, so daytime users of these areas could still park in the designated spaces – Council would include this messaging within the signage, if the proposed Bylaw is adopted.

Protect these sites for local use

A number of submitters made comments that related to preserving local’s access to areas, and that the spaces are for those using the areas for recreational activities, such as beach-goers, reserve users, shoppers (in CBD locations). In addition, locals should not be deprived of access to these areas at the expense of freedom campers.

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A number of submitters also noted that freedom campers can ruin the magic and 4.5 beauty of these sites. It was also highlighted that a number of the proposed areas are near children’s playgrounds and family areas, so not appropriate for freedom campers, as some of their behaviours are not conducive to family activities.

Suggestions for preserving these areas for recreational users included:  Allocating designated carparks for freedom camping at the back of the carpark areas;  More restrictions to minimise freedom camping (and the associated eyesore);  Limiting vehicles to certain times (e.g. between 5pm and 8am only).

In addition to protecting areas for local use, one submitter noted that Waiwhakaiho, East End and Kawaroa:

“are the jewels in the crown of New Plymouth city. Tourists will not get a good experience in New Plymouth if these areas are full of freedom campers.”

So, not only should we protect these areas for locals, but for tourists alike.

In relation to protection of sites, some submitters made comments in relation to keeping our beaches, water-ways and parks clean, and there was concern around litter and a lack of care and respect for our beautiful areas.

As above, the intention of the proposed Bylaw is to minimise the impact and number of freedom campers at any given site, with the aim of protecting access to these areas for all users, and this should also help to protect the environmental areas. However, it is noted, that although the Bylaw may reduce numbers who freedom camp overnight, there is nothing that limits freedom campers from using these areas during the day. Tourists / visitors are equally entitled to park in beach and reserve carparks as daytime users. Council could put time restrictions on parking in these areas– to ensure freedom campers move on after a set amount of time, but this would equally limit local users, and there would be an enforcement cost associated with this.

Location of freedom campers

A large number of submitters commented that freedom camping is not appropriate near CBD areas or residential areas, reasons for this included:  Preservation of the areas for businesses, employees, clients and service vehicles – there is already limited space;  Public don’t want to see campers dressing / carrying out personal hygiene;  Freedom campers (particularly NSC) often take up multiple parking spaces with their cooking / lounging furniture / laundry, this blocks access for other users;  Health and safety – in relation to threat of vandalism, and hygiene issues with campers using public toilets for personal hygiene and washing dishes / laundry;  Some of the suggested CBD / residential areas are near schools, which are very busy at certain times of the day;

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 The potential for aggression between late night revellers in the CBD and 4.5 freedom campers, and also from residents.

“Having non-self-contained freedom campers in active public areas or close to residential properties is inviting increased aggravation with the local populous”

Camping should not be allowed in CBD or shopping areas - they are business areas not campsites

“Why should we be supporting tourists to bypass our local businesses at camp sites, to put unnecessary strain on our main streets, public toilets and beautiful green spaces, so someone can save $20 a night and clutter our beautiful city?”

However, one submitter throught campers in the CBD would be well managed:

“When camping in the city/CBD areas, the situation will be easily self- managing. Campers will be less inclined to mess and litter and loiter if people are going to work, going about their business. Street cleaners will be about early in the morning, when the campers can walk or bike off to the seaside/park areas to enjoy their leisure”

Submitters questioned whether freedom campers would actually want to camp outside public toilets in busy urban areas, and would this encourage them to come back to the district in the future – just because a site has a public toilet, it does not make it suitable for NSC camping.

In relation to this, a number of submitters noted that freedom camping should take place in less popular areas or remote, wide open spaces that are away from residential areas, or in areas that are equipped with the appropriate facilities for freedom camping – including toilets and fresh water taps.

As mentioned above, the proposed Bylaw aimed to utilise existing facilities and limit freedom camper numbers at each site. In addition, the existing parking restrictions would apply. It is anticipated that the above factors would help to move vehicles on, providing for customers, employees, service vehicles etc. and ensure that an area is not ‘taken over’ by freedom camping vehicles. The proposed Bylaw states that freedom campers must not prevent others from undertaking legitimate activities in the area, this would prevent campers from setting up tables etc. and would provide grounds for infringement fines if they do so.

Health and safety

It was noted that freedom campers often use public toilet facilities and outdoor showers for washing dishes, brushing teeth and drinking from the taps. Submitters noted concern for hygiene with using these facilities for personal grooming and dish

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washing. In addition, there was concern for hygiene over the influx of users, with 4.5 submitters noting that one toilet between multiple campers is ridiculous.

Submitters’ suggestions in addressing the above issues included ensuring the public toilets are open 24/7; ensuring there are enough toilets / showers / rubbish bins and even the provision of stainless steel benches with water and ensuring the number of designated parking spaces for freedom campers is proportionate to the number of toilets at a site – e.g. only 2-3 campers per toilet.

In addition to this, safety concerns were raised in regards to having freedom campers near residential areas – with an increased risk of vandalism / theft, and concern with campers around schools and children’s playgrounds.

The proposed bylaw aims to protect public health and safety through providing for NSC near 24/7 public toilets only, and limiting the number of campers at each public toilet to manage the numbers of users of the toilets. In addition, outdoor cold showers, taps and sumps were proposed for the beach / reserve public toilets, to provide an additional fresh water source for freedom campers and the local community’s use.

Self-contained versus non-self-contained

A common theme from submitters was that freedom camping in New Plymouth should be restricted to SC freedom campers. In addition, it was common for submitters to note that the proposed designated carparks should be for SC only, and that there should be restrictions for NSC, but none for SC vehicles.

There was some confusion as to whether the proposed carparks at the 23 public toilets were for only NSC freedom campers, and it was noted that there was no differentiation between SC and NSC campers.

Some submitters called for no restrictions for NZMCA members (with the exception of 1 December to 6 February), noting that NZMCA can then regulate and manage the campers.

Rationale for SC only included that:  NSC take up multiple carparks with tables, cooking equipment etc.  NSC use toilet facilities for dishes / other personal hygiene.

In addition, some submitters wanted all freedom camping banned in the district.

Some submitters requested that some larger carparks be made available for the large SC vehicles.

In providing parking spaces for NSC vehicles the FCBylaw also prescribes that SC may stay in these NSC car parks too, however, SC can also stay anywhere else within the district (excluding prohibited areas).

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Many submitters sought to ban outright NSC vehicle freedom campers. A decision to 4.5 prohibit NSC vehicle freedom campers by the Council would be at risk of legal challenge given that this was not consulted on as a proposed amendment to the Bylaw. It is therefore recommended that should Council wish to pursue a prohibition of NSC vehicle freedom campers then it should be subject to a separate special consultative procedure to follow due legal process.

Economic benefit

A number of submitters noted that freedom campers contribute little to the local economy, as they predominantly only purchase groceries and petrol – one submitter noted that SC contribute the least, as they already have groceries in their motorhomes. In addition, the attractions in New Plymouth District are largely free. Therefore, freedom campers should be required to pay for accommodation at local campgrounds, hostels, and other accommodation providers, where they would be supporting local businesses.

In addition, some submitters questioned the revenue from freedom campers, when ratepayers are having to pay for the increased services and infrastructure to support their stay.

Conversely, some submitters suggested that the Council embrace freedom campers as tourism is a large revenue source for our city and puts us on the map as one of the best places in the world. Those that supported ‘no additional restrictions’ at Waiwhakaiho, East End, Oakura, Kawaroa and Fitzroy over summer or winter months noted that New Plymouth should embrace freedom campers and encourage tourists to come to the district and spend money in the region, that they contribute to the vibrancy of the district and it is good to welcome people to the district over the quieter winter months.

According to MBIE, international visitors who freedom camped at some point during their stay in New Zealand spend more on average ($4,880) compared to those who do not ($2,400) per visit. However, this is includes all international visitors, including those who could have freedom camped for just one night. It should also be noted that international visitors who freedom camp are also likely to stay in the country for a longer period of time than those who do not, and when expenditure is calculated on a daily basis, the average is $100 per day of expenditure for visitors freedom camping, compared to $156 for non-freedom camping visitors (IVS/MBIE) ().

Monitoring and enforcement

A number of submitters noted that the FCBylaw must be monitored and enforced well, and that there must be consequences for those that do not follow the rules – including littering, overstaying, parking in banned areas and spreading across multiple carparks. It was also suggested that the cost of the monitoring should be recorded. Good enforcement will promote a positive and controlled plan. One submitter suggested employing camping wardens to ensure people are using the facilities and not overstaying.

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4.5 Submitters also noted that monitoring the designated parking spaces at public toilets may be difficult to police and significantly increase monitoring costs.

Council will adopt a monitoring approach to ensure that freedom camping is monitored and enforced well. Council has a variety of enforcement options, reflecting a graduated approach to enforcement, for example: warnings, infringements and the potential for clamping. Council keeps a record of monitoring costs through the contractor, this is based on a cost per site visit.

General comments in support of providing for NSC freedom camping

Submitters who were in support of no additional restrictions for freedom camping, and the proposed designated carparks near public toilets noted that camping with strict rules is good, as it is only a small few who spoil it for everyone. Others noted that the proposal seemed fair, and should provide enough parks for everyone. Others commented that:

“We need to welcome people and spread them as widely as possible”.

“It's better to have some restriction where non self contained camping is permitted with toilet facilities than nothing”

It was also noted that SC often use the infrastructure, rather than their own on-board facilities, so there should be restrictions for SC too.

There was some support for tenting and other temporary structures – for instance, those cycling, tramping or hiking, who are often very environmentally aware, should be permitted to freedom camp near public toilets, or dig their own.

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4.6 Appendix Six

Reserves Act, reserve management plan and Council land control implications.

Land controlled or managed by the Council

1. Section 3(2)(a) of the Freedom Camping Act 2011 (FCA) states:

3(2) This Act regulates freedom camping — (a) on land controlled or managed by local authorities (city, district, and regional councils)’

2. The New Plymouth CBD Exaloo site included a private car park that is not Council controlled or managed. This car park has been removed from within the proposed Freedom Camping Bylaw (the Bylaw) in Appendix One should the Council resolve to approve this location.

3. The Inglewood CBD site is not Council controlled or managed land. Therefore it has been removed from Schedule 2 within the proposed Bylaw in Appendix One.

Relationship of the Bylaw to reserve management plans and section 44 of the Reserves Act 1977 and Reserve management plans

4. Section 44(1)(e) of the Reserves Act 1977 states:

44(1) Except with the consent of the Minister, no person shall use a reserve, or any building, vehicle, boat, caravan, tent, or structure situate thereon, for purposes of permanent or temporary personal accommodation: provided that nothing in this subsection shall be deemed to prohibit the use, for purposes of personal accommodation, of any reserve or any building, vehicle, boat, caravan, tent, or structure situate on any reserve, subject to compliance with every term or condition on which such use is permitted,— (e) in areas defined on management plans prepared under section 41 and for the time being in force.

5. The Tongaporutu Reserve Management Plan provides for:

Camping in tents, and camping in motor vehicles that are not self- contained, will not be permitted on Tongaporutu Reserve. Camping in self-contained vehicles will be permitted in areas set aside for car parking and must comply with all relevant by bylaws and legislation.

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6. The Council’s General Policies for Council Administered Reserves 2006 states 4.6 the following objectives and policies:

Objectives: To provide safe and environmentally responsible areas for public camping, with associated infrastructure and amenities.

Policies 1. With the exception of policy number 2 (below), camping on reserve land shall only occur in designated camping areas. 2. Self-contained motor homes and campervans may use designated parking areas on reserves for a maximum of 48 hours, where this is consistent with the council bylaws. Reserve areas not designated for parking may not be used for this purpose, except with permission of the authorised officer. 3. Within designated camping areas, the council will ensure that adequate support facilities are provided (e.g. amenity and rubbish facilities, picnic tables, etc) relevant to the type of camping experience identified for a reserve in the management plan and consistent with the national Camping Ground Regulations (1985). 4. Where vandalism, theft or other disruptive activity becomes untenable, the council may close down the camping area either permanently or until such time as the problem is resolved.

7. The Council’s Coastal Reserves Management Plan 2006 (CRMP) states:

Camping will only be permitted within coastal reserves designated for the purposes of a camping ground.

8. The CRMP is to be read in conjunction with the NPDC General Policies for Reserves (2006). Where any matter is addressed by both the CRMP and the general policies, then the provisions in the CRMP will take precedence.

9. Within the CRMP section 5.27 Peringa Park including Lake Rotomanu states:

Existing improvements Lake Rotomanu and surrounds Landscaped open space, parking area, walkway around the lake, jetty with boat launch, 2 piers, picnic tables, public toilets, barrier fencing. At the river mouth there are car parks, picnic tables and a roundabout maintained by the council.

Policies Lake Rotomanu and surrounds The following activities are contemplated within this reserve: … public camping ground …

10. While the term public camping ground is not defined within the CRMP its use is typically in relation to designated camping grounds (eg Fitzroy Beach Campground) rather than freedom camping.

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4.6 11. Therefore, (with the exception of Tongaportu that is not covered by the CRMP and provides for self-contained (SC) freedom camping) within coastal reserves all freedom camping (SC, non-self-contained (NSC) vehicles, tents and other temporary structures) is not provided for within the CRMP.

12. In all other reserves only SC vehicle freedom camping within designated parking areas on reserves is provided for a maximum of 48 hours.

13. The proposed amendments to the Bylaw have therefore been reviewed to ensure consistency with the Reserves Act and current reserve management plans.

14. As a result of the implications of the Reserves Act 1977 and the CRMP Bell Block and Centennial Park sites do not provide for camping. The provision of restricted freedom camping in these locations would be ultra vires to section 44 of the Reserves Act 1977, and they have been removed as options within the proposed Bylaw in Appendix One.

15. Similarly a single carpark located on land vested as reserve has been removed from Schedule 2 Corbett Park, within the proposed Bylaw in Appendix One. The remaining carparks are located on road reserve and are therefore subject to a resolution of Council identifying the inconsistency with the CRMP under section 80 of the LGA can be considered for inclusion.

16. The southern row of car parks at Pukekura Park, Rogan Street are on land vested as reserve subject to the Pukekura Park Reserve Management Plan that only provides for SC vehicle freedom camping. The provision of restricted NSC freedom camping in these locations would be ultra vires to section 44 of the Reserves Act 1977. The southern row of carparks have therefore been removed from Schedule 2 Pukekura Park, Rogan Street, within the proposed Bylaw in Appendix One. The remaining carparks are located on road reserve and can be considered for NSC vehicle freedom camping.

17. The location of the proposed restricted freedom camping car parks at Fitzroy Beach Carpark, Oakura Beach front, East End Beach, and Kawaroa is on land vested as reserve subject to the CRMP that does not provide for camping. The provision of restricted freedom camping in these locations would be ultra vires to section 44 of the Reserves Act 1977 and they have been removed as options within the proposed Bylaw in Appendix One.

18. The location of the proposed restricted freedom camping car parks at Waiwhakaiho River Mouth, Wind Wand carpark, Corbett Park and Lake Rotomanu is on land covered by CRMP although not vested as reserve. While camping is not provided within the CRMP for these areas they are not subject to the Reserves Act 1977. The Council could therefore still make decisions contrary to the CRMP in providing for restricted NSC vehicle freedom camping at these sites. The Council would need to identify that it is making a decision

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inconsistent with a plan under section 80 of the Local Government Act. The 4.6 inconsistency would be the provision of vehicle freedom camping within an area covered by the CRMP.

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4.7 Appendix Seven Proposed Infrastructure and regulatory response to support Freedom Camping Bylaw decisions, including capex and opex costs.

Infrastructure 1. Depending on the decision taken there will be requirements for infrastructure capex and opex (available within existing budgets) as set out in Tables One and Two including:

 External taps and sumps at up to 16 public toilets estimated at $1000 per site (4 weeks to roll out)

 External showers estimated at $8,000 at Corbett Park.

 Big Belly bins at up to 14 public toilets (two sites already have Big Belly Bins in place) estimated at either (12 weeks to receive order and 4 weeks to roll out):

o $1,400 for each installation with $2,000 per year annual fee opex Note: $8,000 each capex funded through TIF with $220 per year plus dump fees each opex is the preferred option although next TIF funding round does not open until 1 March 2019.

 Signs at up to 20 sites and car park markings at up to 16 sites for up to 86 car parks estimated at $2,000 per site (6 weeks to roll out):

o Single sign on public toilet - 10 sites;

o Sign on public toilet and one extra sign – 6 sites; and

o Sign on public toilet and two extra signs – 4 sites.

 Sensors at up to 86 car park estimated at $445 per car park – this will allow PaymyPark app Find my Park action to be put in play.

 Toilet cleaning – potential for up to estimated $4,070 extra opex per annum;

o Nine (9) sites have twice daily summer toilet cleaning (Nov – March) and daily winter cleaning – no opex change.

o Two sites - frequency is considered to be adequate for number of designated freedom camping parks– no opex change.

o Potential for increase in frequency for four sites

. Three sites summer 3 per week to daily estimated at $3,660

. One site summer 2 per week to 3 per week at $410

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The estimated cost based on the Officer’s recommendation is capex of $52,000 and opex of 4.7 $13,000.

Regulatory Response

2. A graduated enforcement model is proposed;

 Welcome and educate;

 Advise and request change of behaviour; and

 Regulation supported with infringement fines, parking tickets, clamps.

3. The Council will ensure consistent information and messaging regarding the Council decision on the adopted FCBylaw and this will include:

 Website updates

 Information flyers etc

 I-site support

 Campermate updates

 PaymyPark App - Find my park

4. The Council also undertakes summer patrols. The current summer patrols reflect an expansion of summer patrols so the base cost (approx. $18,000 excluding any additional response requirements) is not solely reflective of FC monitoring requirements. The current patrols are three days per week (Th, Fri, Sat) across the 13 week summer (mid Dec to mid Mar) period including the five coastal locations with proposed prohibitions to protect access and four of the NSC public toilet options. The existing summer patrols also include Ahu Ahu Road, Weld Road, Tataraimaka/Fort St George, Tongaporutu, and Rapanui.

5. It is recommended that all public toilets where restrictions are put in place should be subject to patrols. It is also recommended to add the new Mangorei Road car park to help inform future decisions regarding potential freedom camping restrictions at these locations.

6. Expanding the existing summer patrols at up to four additional toilet sites (includes Mangorei Road car park due open Dec) is estimated at $5,000.

7. Patrols are currently contracted out. An indication of monthly costs for three patrols per week and daily patrols is provided in Table Two. The indicative costs can be multiplied out to reflect Council decisions regarding the preferred approach to patrols:

 Three months for 13 week mid December to mid March

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 Four months for December to March 4.7

 Six months for November to April

 12 months for full year

8. It should however be noted that with a decision to expand patrols Council would determine the most cost effective approach to delivery which could be a mix of FTE and contractor to ensure the cost most effective approach to the regulatory response. For example, Parking wardens are now also warranted to issue infringement fines under the FCA, and may therefore also provide some further efficiencies with respect to the roll out of patrols.

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Table 1: Indicative Capex 4.7 Site Signage and carparks Showers Sump and taps Big Belly Bin install Sensors TOTAL 1 Fitzroy Beach (16) - 3 signs $2,000 Existing $1,000 $1,400 $7,120 $11,520 2 Oakura Beach (5) - 2 signs $2,000 Existing $1,000 $1,400 $2,225 $6,625 3 Waiwhakaiho (14) - 3 signs $2,000 Existing $1,000 Existing $6,230 $9,230 4 East End (8) - 3 signs $2,000 Existing $1,000 $1,400 $4,450 $8,850 5 Kawaroa (14) - 2 signs $2,000 Existing $1,000 Existing $6,230 $9,230

6 Battiscombe (6) - 2 signs $2,000 Existing $1,000 $1,400 $2,670 $7,070 7 Bell Block (6) - 2 signs $2,000 $8,000 $1,000 $1,400 $2,670 $15,070 8 Wind Wand (8) - 2 signs $2,000 Not recommended $1,000 $1,400 $3,560 $7,960 9 Centennial Park (4) - 1 sign $2,000 Existing $1,000 $1,400 $1,780 $6,180 10 Corbett Park (6) - 2 signs $2,000 $8,000 $1,000 $1,400 $2,670 $15,070 11 Pukekura Park, Rogan St (9) - 1 sign $2,000 Not recommended $1,000 $1,400 $4,005 $8,405 12 Rotomanu (4) - 1 sign $2,000 Not recommended $1,000 $1,400 $1,780 $6,180 13 Hickford Park (11) - 1 sign $2,000 Not recommended $1,000 $1,400 $4,895 $9,295 14 Yandle Park (2) - 1 sign $2,000 Not recommended $1,000 Existing $ 890 $3,890 15 Moturoa (2) - 1 sign $2,000 Not recommended $1,000 $1,400 $890 $5,290 16 Inglewood (15) - 3 signs $2,000 Not recommended $1,000 $1,400 $6,675 $11,075 17 Westown (2) - 1 sign $2,000 Not recommended $1,000 $1,400 $890 $5,290 18 Waitara (6) - 2 signs $2,000 Not recommended $1,000 $1,400 $2,670 $7,070 19 Okato (2) - 1 sign $2,000 Not recommended $1,000 $1,400 $890 $5,290 20 Fitzroy CBD (11) - 3 signs $2,000 Not recommended $1,000 $1,400 $4,895 $9,295 21 Gover St (4) - 1 sign $2,000 Not recommended $1,000 $1,400 $ 1,780 $6,180 22 Exaloo (2) - 1 sign $2,000 Not recommended $1,000 $1,400 $890 $5,290 23 Oakura CBD (2) - 1 sign $2,000 Not recommended $1,000 $1,400 $890 $5,290

145 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Freedom Camping

Table 2: Indicative Opex 4.7 Potential additional toilet Patrols – 3 x pw for Patrols – daily for Big Belly opex

Site cleaning costs Current Schedule one month one month per annum 2x daily summer $416.16 $1,040.40 1 Fitzroy Beach (16) No change 1x daily winter $2,000 1 x daily summer $416.16 $1,040.40 2 Oakura Beach (5) 3 x week winter Additional $3,398.84 1 x daily winter $2,000 2x daily summer $416.16 $1,040.40 3 Waiwhakaiho (14) No change 1x daily winter 2x daily summer $416.16 $1,040.40 4 East End (8) No change 1x daily winter $2,000 2x daily summer $416.16 $1,040.40 5 Kawaroa (14) No change 1x daily winter

3 x week summer $416.16 $1,040.40 6 Battiscombe (6) 1 x daily summer Additional $1,467.48 3 x week winter $2,000 3 x week summer $416.16 $1,040.40 7 Bell Block (6) 1 x daily summer Additional $3,293.64 3 x week winter $2,000 2x daily summer $416.16 $1,040.40 8 Wind Wand (8) No change 1x daily winter $2,000 1 x daily summer $416.16 $1,040.40 9 Centennial Park (4) 3 x week winter Additional $868.00 1 x daily winter $2,000 3 x week summer $416.16 $1,040.40 10 Corbett Park (6) 1 x daily summer Additional $1424.64 2x week winter $2,000 No change 2x daily summer $416.16 $1,040.40 11 Pukekura Park, Rogan St (9) 1x daily winter $2,000 No change 2x daily summer $416.16 $1,040.40 12 Rotomanu (4) 1x daily winter $2,000 13 Hickford Park (11) Additional $770.28 3 x week summer $416.16 $1,040.40 $2,000

146 Council Extraordinary Meeting (29 November 2018) inc Public Excluded - Freedom Camping

Table 2: Indicative Opex 4.7 Potential additional toilet Patrols – 3 x pw for Patrols – daily for Big Belly opex

Site cleaning costs Current Schedule one month one month per annum 1 x daily summer 2 x week winter No change 3 x week summer $416.16 $1,040.40 14 Yandle Park (2) 3 x week winter No change 2x daily summer $416.16 $1,040.40 15 Moturoa (2) 1x daily winter - 1 x daily summer $416.16 $1,040.40 16 Inglewood (15) 3 x week winter Additional $1,635.56 1 x daily winter $2,000 No change 2x daily summer $416.16 $1,040.40 17 Westown (2) 1x daily winter - No change 1 x daily summer $416.16 $1,040.40 18 Waitara (6) 1x daily winter $2,000 2 x week summer $416.16 $1,040.40 19 Okato (2) 3 x week summer Additional $409.08 2 x week winter $2,000 No change 2x daily summer $416.16 $1,040.40 20 Fitzroy CBD (11) 1x daily winter $2,000 No change 2x daily summer $416.16 $1,040.40 21 Gover St (4) 1x daily winter $2,000 No change 2x daily summer $416.16 $1,040.40 22 Exaloo (2) 1x daily winter - 23 Oakura CBD (2) TBC TBC $416.16 $1,040.40 -

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EXCLUSION OF THE PUBLIC FOR THE REMAINDER OF THE MEETING 5

MATTER

1. This report details items that are recommended should be considered with the public excluded, and the reason for excluding the public.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report, the Council hereby resolves that, pursuant to the Local Government Official Information and Meetings Act 1987, the public be excluded from the following parts of the proceedings of this meeting: a) Renewal of Host City Agreement The withholding of the information is to enable the Council to carry out negotiations of a commercial nature. This particular interest being protected by section 7(2)(b)(ii) of the Act. b) Chief Executive’s Key Performance Indicators The withholding of the information is necessary to protect the privacy of natural persons, including the deceased persons, this particular interest being protected by Section 7(2)(a) of the Act.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987.

COMPLIANCE

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

Options 1. Exclude the public.

2. Not exclude the public.

This report recommends option one (1) for addressing the Recommendation matter.

Long-Term Plan / Annual Plan There are no budget considerations. Implications

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COMPLIANCE 5 Significant Policy and Plan This report is consistent with Council’s Policy and Plans. Inconsistencies

BACKGROUND

2. This report details items that are recommended should be considered with the public excluded, and the reason for excluding the public.

SIGNIFICANCE AND ENGAGEMENT

3. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because the exclusion of the public is a statutory procedure that will have a little or no impact on the Council’s strategic issues.

OPTIONS Option 1 Pursuant to the Local Government Official Information and Meetings Act 1987, good reason exists to exclude the public for consideration of the items listed.

Option 2 The Council can choose to consider these matters in an open meeting.

Risk Analysis Release of information which meets the statutory tests for withholding (under the Local Government Official Information and Meetings Act 1987) may expose the Council to legal, financial or reputational repercussions.

Recommended Option This report recommends option one (1) exclusion of the public for addressing the matter.

Report Details Prepared By: Julie Straka (Governance Lead) Team: Governance Ward/Community: District Wide Date: 26 November 2018 File Reference: ECM7885473 ------End of Report ------

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