NOTICE OF MEETING
Notice is hereby given of the Meeting of the Invercargill City Council to be held in the Council Chamber, First Floor, Civic Administration Building, 101 Esk Street, Invercargill on Tuesday 16 June 2015 at 4.00 pm
His Worship the Mayor Mr T R Shadbolt JP Cr D J Ludlow (Deputy Mayor) Cr R L Abbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr I L Esler Cr P W Kett Cr G D Lewis Cr I R Pottinger Cr G J Sycamore Cr L S Thomas
EIRWEN HARRIS MANAGER, SECRETARIAL SERVICES 2
A G E N D A
Page
1. APOLOGIES
2. PUBLIC FORUM
2.1 FUNDING APPLICATION FOR THE DEVELOPMENT OF A LOCAL CYBER SAFETY EDUCATOR ROLE
The Chairman of Poppycok New Zealand will be in attendance to speak to this Item.
2.2 DEPARTMENT OF CONSERVATION
Deidre Vercoe from the Department of Conservation will be in attendance to speak on the Kakapo Recovery Programme.
3. REPORT OF THE INVERCARGILL YOUTH COUNCIL
3.1 THE UN YOUTH AOTEAROA LEADERSHIP FORUM 7
Representatives from the Youth Council will be in attendance to present to Council.
4. MINUTES OF THE MEETING OF COUNCIL HELD ON 5 MAY 9 2015
5. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL 19 TO HEAR SUBMISSIONS ON THE LONG TERM PLAN HELD ON THURSDAY 28 MAY 2015
6. MINUTES OF THE EXTRAORINARY MEETING OF THE 43 INFRASTRUCTURE AND SERVICES COMMITTEE HELD ON THURSDAY 28 MAY 2015
7. MINUTES OF THE RECONVENED EXTRAORDINARY MEETING 47 OF COUNCIL TO HEAR SUBMISSIONS ON THE LONG TERM PLAN HELD ON FRIDAY 29 MAY 2015
8. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 10 JUNE 2015
To be tabled.
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9. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY 55 BOARD HELD ON 25 MAY 2015
10. MINUTES OF COMMITTEES
10.1 COMMUNITY SERVICES COMMITTEE 2 JUNE 2015 61
10.2 REGULATORY SERVICES COMMITTEE 3 JUNE 2015 65
10.3 INFRASTRUCTURE AND SERVICES COMMITTEE 8 JUNE 2015 77
10.4 FINANCE AND POLICY COMMITTEE 9 JUNE 2015 85
11. REPORT OF THE CHIEF EXCUTIVE
11.1 VENTURE SOUTHLAND PROJECTS AND ACTIVITIES REPORT 91 APRIL/MAY
12. REPORT OF THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES
12.1 GAMBLING POLICY REVIEW 107
Appendix 1 109 Appendix 2 111
12.2 DOG CONTROL POLICY AND BYLAW 123
Appendix 1 125
13. REPORT OF COUNCILLOR IAN POTTINGER
13.1 INVERCARGILL CITY HOLDINGS LIMITED - STATEMENT OF INTENT 149
14. MAYOR’S REPORT
To be tabled.
15. URGENT BUSINESS
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16. PUBLIC EXCLUDED SESSION
Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely
(a) Confirming of Minutes of the Public Excluded Session of Council 5 May 2015 (b) Confirming of Minutes of the Infrastructure an Services Committee 8 June 2015 (b) Confirming of Minutes of the Finance and Policy Services Committee 9 June 2015
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
General subject of each Reason for passing this Ground(s) under matter to be considered resolution in relation to Section 48(1) for the each matter passing of this resolution
(a) Confirming of Enable any local authority Section 7(2)(i) Minutes – Council holding the information to 5 May 2015 carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
(c) Confirming of Enable any local authority Section 7(2)(i) Minutes – holding the information to Infrastructure and carry on, without prejudice Services Committee or disadvantage, 8 June 2015 negotiations (including commercial and industrial negotiations)
(d) Confirming of Enable any local authority Section 7(2)(i) Minutes – Finance holding the information to and Policy carry on, without prejudice Committee 9 June or disadvantage, 2015 negotiations (including commercial and industrial negotiations)
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5 6 TO: COUNCIL
FROM: CHIEF EXECUTIVE OFFICER
MEETING DATE: TUESDAY 16 JUNE 2015
INVERCARGILL YOUTH COUNCIL
Report Prepared by: Mary Napper, Community Development Manager
SUMMARY
Members of the Invercargill Youth Council have attended leadership forums organised by UN Youth Aotearoa.
RECOMMENDATIONS
That the report be received.
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? N/A 2. Is a budget amendment required? N/A 3. Is this matter significant in terms of Council’s Policy on Significance? N/A 4. Implications in terms of other Council Strategic Documents or Council Policy? N/A 5. Have the views of affected or interested persons been obtained and is any further public consultation required? N/A
FINANCIAL IMPLICATIONS
N/A
YOUTH COUNCIL
The UN Youth Aotearoa leadership forums are important opportunities for young people to learn and practise leadership skills while meeting with other young people from throughout New Zealand.
Three Youth Council members were supported to attend the Aotearoa Youth Declaration event held in Auckland In April. Stephen Jones, Jack Shaw and Jennifer Forest will share their experiences at the Council meeting.
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Six members attended the Otago-Southland Model UN forum held in Dunedin in March. Representatives of this group will speak about their experience at the Council meeting.
8 MINUTES OF THE MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL, ON TUESDAY 5 MAY 2015 AT 4.00 PM
PRESENT: His Worship the Mayor Mr T R Shadbolt Cr R L Abbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr I L Esler Cr P W Kett Cr G D Lewis Cr I R Pottinger Cr G J Sycamore Cr L S Thomas
IN ATTENDANCE: Mr R W King – Chief Executive Mrs P M Gare – Director of Environmental and Planning Services Mr D J Johnston – Director of Finance and Corporate Services Mr R Pearson – Roading Manager Mrs M Short – Manager Strategy and Policy Miss K Graber – Planning and Policy Analyst Ms M Napper – Community Development Manager Mr P Casson – Chief Executive Officer – Venture Southland Ms L Kuresa – Committee Secretary
1. APOLOGIES
Cr D J Ludlow.
Moved Cr Arnold, seconded Cr Boniface and RESOLVED that the apology be accepted.
2. NOTIFICATION OF AN ITEM TO BE BROUGHT FORWARD IN PUBLIC EXCLUDED SESSION AND NOTIFICATION OF URGENT ITEMS
His Worship the Mayor informed the meeting that Item 4.1, Windsor Village Concept, under Public Excluded Session would be dealt with first.
Cr Lewis informed the meeting that he had an item to be dealt with under Urgent Business with regard to the Revitalisation of the South City area.
3. PUBLIC FORUM
3.1 Lifelines Project
Mr Neil Cruickshank sent in an apology that he would not be able to present to Council with regard to this matter as he had other more urgent matters to deal with.
9 4. MINUTES OF THE MEETING OF COUNCIL HELD ON 31 MARCH 2015
Moved Cr Abbott, seconded Cr Amundsen that the minutes be approved.
Cr Sycamore wanted some clarification with regard to Items 8.1 and 13.1.
Cr Sycamore said with regard to Item 8.1, he asked if Cr Abbott could update Council on this matter. Cr Abbott informed the meeting that he had only received input from Cr Boniface to date on this matter.
Cr Sycamore said with regard to Item 13.1, he asked if Cr Arnold would be providing Council with a copy of the Delivery Model for Councillors from Breathing Space Trust, as set out in the minutes. Cr Arnold said she could not recall saying that she would provide a copy of the Delivery Model for Councillors but she recalled that last year through the Annual Plan process, Council had agreed to make a $20,000 contribution towards Breathing Space Trust. There was nothing tagged to it and Council did not ask the Trust for its Delivery Model and she did not think it was appropriate to ask the Trust for it.
His Worship the Mayor asked if Cr Arnold was questioning the accuracy of the Minutes and Cr Arnold said she accepted that she may have said that she would provide Councillors with a copy of the Delivery Model but after the meeting she had thought about it and she realised that Council’s contribution to Breathing Space Trust was not tagged with a requirement to provide the information to Council.
Cr Thomas said the Breathing Space Trust went back to the model with the Salvation Army Home where they reopened that which was where the cross-over was with the $20,000 donation because Breathing Space Trust was looking for space which was set up as part of the Salvation Army. He said Council was asking what model would be used now because it was only going to be used for three days of respite nights and now that they had gone back to the Salvation Army Home which was deemed to be an earthquake risk but now that the Engineers Report had changed that was where the confusion could be.
Cr Arnold said when Breathing Space Trust asked for the funding, Council tagged it with the requirement that they came up with a good plan and with buy in from the community. Her report related to a meeting that was held at Council with representatives from the Police, Corrections, Mental Health Unit and other community organisations. When they were brought into this and supported it that was when Council was prepared to release the $20,000 funding to Breathing Space Trust.
After further discussions, Ms Napper said after a meeting with the Police, Corrections, Mental Health and other agencies a few weeks ago, that was where the Breathing Space Trust explained how they planned to take the service and what would be offered. The Trust sought feedback from a wide range of community organisations that were present at the meeting. The initial proposal was that people would be able to come into the service for three nights however, they were convinced by the other services present that the maximum should be five nights. During that period a support worker would work with each person to get appropriate accommodation elsewhere in the community. She said it was for emergency accommodation and not for long term which was the former hostel arrangement was. She understood that the Salvation Army National Headquarters had another engineering report carried out and it was confirmed that the building should be able to be used again.
10 The Breathing Space Trust was contracting the Salvation Army to run the service in a portion of that building and she had suggested to Captain Bray that he needed to talk to Simon Tonkin early in the process to ensure that the fire and buildings consents were suitably in place before they proceeded further.
In response to a question from His Worship the Mayor as to whether Council had contributed the $20,000 to Breathing Space Trust, Mr Johnston said he did not know but he would look into it and report back to Council.
Cr Lewis said with regard to Item 7, it was Cr Esler that made the comment as set out in the minutes and not him.
The motion, now being put, was RESOLVED in the affirmative with the amendment as discussed.
5. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 13 APRIL 2015
Moved Cr Esler, seconded Cr Boniface and RESOLVED that the minutes be received.
6. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 13 APRIL 2015
Moved Cr Boniface, seconded Cr Sycamore and RESOLVED that the minutes be approved, with the amendment that Cr N J Elder’s name needed to be taken off the list of Councillors present at the meeting.
7. MINUTES OF COMMITTEES
7.1 Infrastructure and Services Committee 28 April 2015
Moved Cr Thomas, seconded Cr Dennis that the minutes be approved.
Cr Thomas said with regard to Item 5.1.1, he was seeking clarification who the applicant was for the project because on the Consultation Document it stated that it was the Southland Museum Trust Consultation Document. The application for the amendment to the Queens Park management Plan needed clarification on who that was because he did not believe that the Museum had put that concept of the Tuatarium/Kakaporium forward.
Mr King confirmed that it should be Invercargill City Council’s application.
The motion, now being put, was RESOLVED in the affirmative.
7.2 Finance and Policy Committee 29 April 2015
The report was tabled.
Moved Cr Boniface, seconded Cr Thomas that the minutes be approved.
11 Cr Sycamore said he was a member of the Finance and Policy Committee and he was not included in the “Present” list but in the “In Attendance” list.
The motion, now being put, was RESOLVED in the affirmative with the amendment that Cr Sycamore be included in the “Present” list.
8. REPORT OF COUNCILLOR IAN POTTINGER
The report had been circulated and Cr Pottinger took the meeting through it.
8.1 Use of Capital by Invercargill City Holdings Limited
Mr King said he had actioned Cr Pottinger’s request and he would circulate it to Council as soon as he received it.
Moved Cr Pottinger, seconded His Worship the Mayor that the report be received;
AND THAT
Council passes a resolution seeking advice from Simpson Grierson on the questions included within this project;
AND THAT
This advice be brought to Council at its next meeting.
Cr Arnold said from a pure governance point of view, there was no way that Council could not ask for this opinion. She wanted it noted that the briefing to Council several weeks ago, Mr Loan from Invercargill City Holdings Limited did confirm that Invercargill City Holdings Limited had taken advice on this matter. She agreed that it would be good for Council to do so too. She said she wanted it included in the advice from Simpson Grierson that it should answer some questions that were brought up of this situation so that Council had all the information it needed. The timing of everything was important because on 26 September 2014, Cr Sycamore was quoted in The Southland Times, saying that Invercargill City Holdings Limited (audio unclear) Renewable Energy. Invercargill City Holdings Limited and Electricity Invercargill Limited by definition had looked at investment opportunities in Renewable Energy. She said that was fine because the first time Council went out for consultation on Uncalled Capital with Option 3 that was to increase uncalled share capital up to $200 million which would have allowed Invercargill City Holdings Limited or Electricity Invercargill Limited to in invest Renewable Energy projects. When the consultation process broke down and Council went out for extended consultation, Invercargill City Holdings Limited withdrew Option 3 which meant that there was no way Invercargill City Holdings Limited could fund any Renewable Energy project. On 2 December, this Council passed a resolution for Option 2 as reported in Cr Pottinger’s report and she was curious to know if Council, through any of its subsidiaries had ever held an increase shareholding in OtagoNet and if Council had invested the extra in shares, when that took place and when the decision to sell down those shares took place after 2 December and when it was decided to invest in this Renewable Energy project. She said one of the questions that Council needed to ask the lawyers was, how this position compared with Invercargill City Holdings Limited’s Statement of Intent for 2014/2015.
12 It was prudent to note that, had the unforeseen circumstances of the shootout for OtagoNet not taken place and the requirement to increase Council’s shareholding in OtagoNet not happened then at some point to get the Renewable Energy investment over the line, Council would still have to trigger the uncalled capital situation to get funded but Council would have carried out its Consultation Document about the pros and cons about windfarm investment rather than the boring stuff like OtagoNet shares. She said this Council deserved to know and the people who submitted in this process deserved to know. She was curious to know as to whether it was days or weeks that Council held that shareholding. She wanted to add to the resolution that:
The sequence and timing of events be identified and how this may affect Invercargill City Holdings Limited’s 2014/2015 Statement of Intent, with regard to renewable energy.
Council needs to know how the current situation affected Invercargill City Holdings Limited’s 2014/2015 Statement of Intent.
His Worship the Mayor said the report that Mr King was preparing needed to contain the issues raised by Cr Pottinger’s report but also the questions raised by Cr Arnold.
Note: Councillors Sycamore, Boniface, Thomas and Dennis all declared an interest and refrained from commenting and voting.
With the permission of the mover and seconder, the recommendation now read:
Moved Cr Pottinger, seconded His Worship the Mayor that the report be received;
AND THAT
Council seeks advice from Simpson Grierson on the questions with the advice being circulated as soon as it is received;
Cr Pottinger took the meeting through his concerns as follows:
• Council has a recent historic precedent to go by which was shown in 2013 when Invercargill City Holdings Limited decided to change banks. • Lawyers identified that Invercargill City Holdings Limited $67 million of uncalled capital was not correct as it contained $32 million of OtagoNet shares of uncalled capital that was raised in 2002. It had a tag on it that it was only to be used for OtagoNet. • To rectify this, Council had to pass a resolution on 17 September, changing the nature of those shares so that they could be used to support the various investments that Invercargill City Holdings Limited did. • Our understanding is that Invercargill City Holdings Limited has been operating under the mistaken belief that there was no restriction on the uncalled shares and that some of its arrangements are based on there being no restrictions. • It’s a grey area and that’s why I’m raising this. Whichever way the answer comes, I think it’s proved that we asked the question. We’ve done this before and it’s one of those things that I believe, rather wait 11 years that took the last lot to sort out, we’re better off doing that now.
The motion, now being put, was RESOLVED in the affirmative.
13 9. REPORT OF THE DIRECTOR OF FINANCE AND CORPORATE SERVICES
The report had been circulated and Cr Amundsen took the meeting through it.
9.1 Representation Review
Cr Amundsen thanked Council staff who prepared the Representation Review. It clearly explained options for the Representation Review and Council had a great panel of enthusiastic people who were willing to go out to the community and talk to the public about Council’s options going forward. She said she looked forward in bringing the result back to Council.
His Worship the Mayor said he attended the first meeting of the Representation Review Committee and compared with previous years that this had been considered, he found that there was a different attitude within the Committee. The consultation process was taken very seriously and the caravan was another tool that Council could use. He congratulated the Committee and everybody involved in this process.
Cr Sycamore said he had been contacted by some people telling him that they did not have access to a computer and wanted to know how they could contact the Council to find out where the caravan was going to be and when. He suggested that maybe a telephone number could be added to the document. He agreed with His Worship the Mayor that it was a fantastic document and pointed out some improvements that could be carried out, as follows:
• The consultation locations is included in the document. Four in May, three in June and then it says, “and more”. In July there was only two dates and I thought that there should be more in July. • I wondered about August because the submissions don’t close until September.
• On Page 6 it says, Bluff was defined as a community of interest and it probably still is. If we are talking about the past, we should be upfront and say we did have Otatara and Bush as separate communities of interest which explains how the process work if they no long exist. • There is also a small spelling mistake on Page 8 and 10, it’s all very good.
Cr Amundsen said the Committee’s report from the Panel had to be presented to Council in early August which was the reason why the consultation was taking place until July. The Council would then either approve the report and it would be put out for public submissions. The document had already been printed but the Committee would make an effort to publicise the telephone number. The document had a paper format that people could complete if they did not have access to a computer.
Moved Cr Amundsen, seconded Cr Sycamore and RESOLVED that the report be received.
10. MAYOR’S REPORT
The report had been circulated.
Moved His Worship the Mayor, seconded Cr Boniface that the report be received.
14 Cr Dennis said the Mayor’s report was great reading and it reflected the positive role that His Worship the Mayor played in the community. It was good to see what he did and he appreciated what His Worship the Mayor did for the good of Invercargill.
The motion, now being put, was RESOLVED in the affirmative.
11. URGENT BUSINESS
11.1 South City Revitalisation Project
Cr Lewis said he had some feedback from business owners and customers at the South City about the ground being uneven and that one or two businesses were suffering dramatically because of the chaos. It was noted that there were no workers there at times and it was a daunting task for people to find their way into some of the shops. He wondered if Mr Pearson if he could update Council on this matter, especially the specified timeframes for the work.
Mr Pearson said Council had recognised that work at South City and Esk Street had been much slower than it should be from the contractor. They met with the contractor last week and expressed the concerns that South City business owners had. A meeting had been arranged with the South City business owners in early April to address their concerns and get some assurances from the contractor that they would speed up the work. He said Fulton Hogan appeared to have some resource issues which was definitely apparent both in South City and the inner city and Council had been working with its management on these issues. It was recognised that the work affected the businesses in maintaining business access and getting the job done so they had been working closely with the contractor and they had given Council some assurances but he had not seen those eventuate. He hoped to meet with the South City businesses in the next couple of days to talk through the issues and put the contract in front of the contractor so they could explain themselves. He agreed with the businesses that the contractor’s performance had been lacking.
In response to questions, the following answers were given:
1. Within the contract it’s relatively difficult to penalise the contractor or they would be typically be called liquidated damages and that’s where the principal, (i.e. the Council) incurred additional costs. They have to be additional costs that relate to its lack of business. It becomes reasonably difficult to apply to any contract in that context so there is no easy direct significant financial in this. 2. Resource issues means that they are trying to get enough people to do the work. They need to identify the priorities and we have been trying to encourage them to juggle some of the jobs because we’ve been frustrated that on some jobs, people will go and work in other pieces that they were doing. To be fair with some of the work that they have been doing, for example April, was a reasonably difficult month with Easter breaking up some of those jobs but we also recognise that we would have liked this to be much more swift and that’s part of what we tried to organise with grouping the two contracts together to get efficiency. Unfortunately we have not been able to deliver.
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3. The approach we had in having the two jobs being done at the same time, was to combine because they have used the same subcontractors so the principle is right, otherwise you will have them directly competing. Some of it is organisation and some of it is resource.
Moved Cr Lewis, seconded Cr Abbott and RESOLVED that the report be received.
12. NOTIFICATION OF AN ITEM IN THE PUBLIC EXCLUDED SESSION TO BROUGHT INTO THE PUBLIC PART OF THE MEETING
Cr Arnold asked why the matter with regard to IVEM Constitution was in Public Excluded Session at Item 3.1. She said there was a reason being given but she was of the understanding that the report and the action required had come about because of a ratepayer’s contact with the Office of the Auditor General and the person concerned had the right to hear what Council had to say about it.
Moved Cr Arnold, seconded His Worship the Mayor and RESOLVED that Item 3.1, IVEM Constitution be taken in public meeting.
12.2 IVEM Constitution
Cr Kett pointed out that members of the public and the press did not have a copy of the report in relation to this matter. Council agreed and copies were made and distributed and Cr Boniface took the meeting through it.
Moved Cr Boniface, seconded His Worship the Mayor and RESOLVED that the Invercargill City Council as shareholder of Invercargill Venue and Events Management Limited, sign a shareholder’s Resolution in the form annexed revoking clauses 15.1 and 15.9 and substituting new clauses 15.1 and 15.9 of the existing Constitution of Invercargill Venue and Events Management Limited in the form presented to this meeting.
13. COUNCIL IN PUBLIC EXCLUDED SESSION
Moved His Worship the Mayor, seconded Cr Thomas and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, with the exception of Mr Baxter and Mr Stallard from Baxter Design Group, namely:
(a) Confirming of Minutes of the Public Excluded Session of Council 31 March 2015 (b) Receiving of Minutes of the Public Excluded Session of the Bluff Community Board 13 April 2015 (c) Confirming of Minutes of the Finance and Policy Committee 29 April 2015 (d) Report of the Director of Finance and Corporate Services (e) Report of the Director of Environmental and Planning Services
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
16 General subject of Reason for passing Ground(s) under each matter to be this resolution in Section 48(1) for the considered relation to each matter passing of this resolution
(a) Confirming of Enable any local Section 7(2)(i) Minutes – authority holding the Council information to carry on, 31 March 2015 without prejudice or disadvantage (including commercial and industrial negotiations)
(b) Confirming of Enable any local Section 7(2)(i) Minutes – Bluff authority holding the Community information to carry on, Board 13 April without prejudice or 2015 disadvantage (including commercial and industrial negotiations)
(c) Confirming of Enable any local Section 7(2)(i) Minutes – authority holding the Finance and information to carry on, Policy 29 April without prejudice or 2015 disadvantage (including commercial and industrial negotiations)
(c) IVEM Enable any local Section 7(2)(i) Constitution authority holding the information to carry on, without prejudice or disadvantage (including commercial and industrial negotiations
(d) Windsor Enable any local Section 7(2)(i) Village authority holding the Concept information to carry on, without prejudice or disadvantage (including commercial and industrial negotiations
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17 18 MINUTES OF THE EXTRAORDINARY MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON THURSDAY 28 MAY 2015 AT 8.00 AM
PRESENT: His Worship the Mayor Mr T R Shadbolt Cr D J Ludlow (Deputy Mayor) Cr R L Abbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr I L Esler Cr P W Kett Cr I R Pottinger Cr G J Sycamore Cr L S Thomas
IN ATTENDANCE: Mr R W King – Chief Executive Mr C A McIntosh – Director of Works and Services Mrs P M Gare – Director of Environmental and Planning Services Ms E Harris – Communications and Secretarial Services Manager Mrs M Short – Manager Strategy and Policy Mr D Booth – Manager Financial Services Miss K Graber – Policy and Planning Analyst Ms L Kuresa – Committee Secretary
1. APOLOGIES
Cr G D Lewis and Cr K F Arnold.
Moved Cr Ludlow, seconded Cr Thomas and RESOLVED that the apologies be accepted.
2. DIRECTOR OF FINANCE AND CORPORATE SERVICES
The report had been circulated.
2.1 Submissions to the Long Term Plan
Moved Cr Ludlow, seconded Cr Thomas and RESOLVED that the submissions be received and considered by Council.
2.1.1 Zanetia Fletcher, Amy Strang and Maria Broughton (Youth Council)
In addition to their written submission, the submitters took the meeting through key points in their submission.
In response to a question, the following answer was given:
• If there are less playgrounds, there is a better chance to make them into high quality playgrounds, so instead of having a lot of playgrounds that need upgrading, it’s better to have a few high quality ones.
19 • Delivery people can use the driveways to get to the houses for deliveries. • Getting the word out so that more people are on board about the clean air and home heating programme. There are people complaining about the cost of it but there are people living in older homes who need to have better heating schemes. • By the time you look at what a regular gym membership costs and the regular pool membership costs that will be nearly equal to it. People will understand because they will be paying for a high quality facility. • When we have our school swimming competitions there are 100 girls trying to fit into 30 cubicles, so it would be great to have those extra changing rooms. • Having the pool and the gym together definitely complement each other. I know that every other 15 metre pool in New Zealand has a gym attached to it.
His Worship the Mayor thanked the submitters for their submission and taking the time to present to Council.
2.1.2 Bob Ferguson
In addition to his written submission, the submitter endorsed the need to change the existing changing facilities at Splash Palace.
In response to a question, the following answer was given:
• I use the facility and perceive two problems in the male changing rooms where there’s a lot of congestion. The other one is I have problems with is for my own personal safety, and that’s the biggest one you should correct. • I don’t have a problem with locking up valuables because I’ve been going to the pools for 60 plus years, so I don’t take valuables to the pools. • If I had any shortcomings in your design, it would be the number of changing rooms that are available to swimmers. • In terms of the facilities, if there was a profit in it, private enterprise would have it. There are two items in the Council’s supply that I don’t mind paying for: One is the swimming pool and one is the Library because I use them. As long as you didn’t go overboard with the increase in those areas, I wouldn’t object. • I personally had only one occasion with one school where a male staff member was not available to supervise in the male changing rooms. I have spoken with other gentlemen in the pool and they’ve had experiences with other schools also. On the whole kids aren’t bad. I was a kid once so I can understand where they are coming from. Today’s world is a different world to the world I grew up. It’s not a big problem, it’s just one that should never exist and the one time I did speak to the school about it, the only response I got was, “oh well, we’ll find somewhere else for you to change”. I understand there’s one school that utilises the services of one of their groundsman, which works well. I’m sure there’s a solution in this. • Whatever solution you come up with, if it solves my two problems I’ll go along with it.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
20 2.1.3 Anna Groszewski
In addition to her written submission, the submitter voiced her concerns on poverty in the city and the fact that it had not been adequately represented in the Long Term Plan. She was also concerned about child safety with regard to children being able to walk to the parks safely by ensuring that the parks are not situated on busy roads. She continued to take the meeting through key points in her submission.
In response to a question, the following answer was given:
• My daughter used to be able to be crossed over on a minor road by me and sent to the park when she was quite young, so I’m talking about safety for a 5 year old where it’s not on a busy road and not too far away from home. • There’s a lot of problems with the clean air programme, because coal is the cheapest from of heat we have and people will struggle but the biggest fears is they are not going to be able to use their fires and they won’t have an alternative. I’m concerned that older people who rely on their fires will end up feeling they can’t use their fires and they haven’t got an alternative. It will be more expensive if they have a wood burner or a heat pump but if they have it, at least they’ve got it. Our first priority is to ensure that people have that and don’t have to put themselves into dire straits to get it. • You talk about an increase in the rates, that was another thing that concerns me because everything is about, “if we do this, we increase the rates”, but there’s no sign of trying to make certain services more efficient to save money and putting that money somewhere else. It’s should also be about how we can cut back in lots of ways. • The age for a young person to be unsupervised at the park is up to the parents because it depends where they live and how far the park is from their homes. If you’re a parent, to have 10 minutes while your child is playing at the playground, it’s quite nice to switch off. • I live in the South City and we’re getting inversion layers there so if people are using coal, you can smell it so you haven’t got the option if you live there to get out of it. Staying inside is not a solution and we need to do something about our air quality but not at a cost to our poorer residents.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.4 Neil Cruickshank – Emergency Management Southland
In addition to his written submission, the submitter tabled a copy of his submission and took the meeting through it, copies of which are available from Secretarial Services.
In response to a question, the following answer was given:
• You need 3 litres of water per person per day and that’s just for minimum drinking water but you also have to think about washing clothes and other activities, then you will need a bit more. The 90,000 litres at the Stadium wouldn’t last particularly long if you had a number of people in there in the case of an emergency but obviously water is critical. Water is one thing you need more than anything else in an emergency. • I spoke to Russell Keen a few days ago and having a reservoir is part of their thinking but we would need a big dam in Invercargill because water gets used up quickly. While we have water all around us, it’s a particularly great place to store it as far I know. 21 • I know it’s been looked at for the farming community, but it uses up quite a bit of land so there’s trade-offs there. • Having a Bylaw to assist all new houses that are built to have a tank could be a good solution. I know Council does it now as far as farms and things go and this might be an opportunity to say to people when doing inspections that for $100.00 you could get a water supply beside their downpipe. • There’s been a great uptake in Wellington around these tanks and I’m surprised with the number of people who are buying the 200 litre tanks for their houses. Other councils are looking into that as well. Wellington has a fault line running through the city so they have a very good awareness of the hazards and they are a well prepared city because of that. That might have something to do with the uptake. • I don’t think having a tank outside will be a health hazard. The recommendations with these particular tanks is that it is a part of survival and you can boil it if preferable. A lot people in the farming community are on tanks and they’re happy with their tank supply. We’re talking about an emergency situation so it won’t matter too much if there’s debris in the tanks. • There are opportunities for people to use water tank for other purposes which may be a persistent to the city so it’s going to be a critical need in the future by the looks of things.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.5 Jacqueline Stewart
In addition to her written submission, the submitter took the meeting through a PowerPoint Presentation, copies of which are available from Secretarial Services.
In response to questions, the following answers were given:
• Within the food forests usually it’s a fruit or nut tree at the centre and then you’ve got berry bushes, clima beans and other fruit and vegetables that will self-seed around those plants. The matakai is more traditional food that Maori would’ve eaten before the Europeans arrived. That includes kumara. • Maori lived here in Invercargill, they gardened and ate. Within permaculture you can actually create micro-climates through putting rocks or brick walls for things to climb around. You can create shelters to grow different plants. I believe that if we want to do it we will find a way. I know that there was abundance down here. The Maori community did thrive before Pakeha arrived so maybe that’s where we need to approach the Maori communities and integrate them into this project. I know that there’s a massive garden at the back of the Bluff Marae and it has huge abundance so it is possible. This is just an idea at this point and time and when I read the Long Term Plan last week I thought rather than disposing of the parks and having the community all up and arms about having a resource taken away from them, I thought we could kill two birds with one stone and create something that could bring people to our community and also provide abundance. If Tiwai closed down there’s going to be a lot of families that need income supplemented in some way and food is expensive, especially organic food, so creating spaces that people can walk to where they harvest such foods and a place where our Maori community can become experts and pass on their knowledge. I would have to research further what type of plants will grow in Invercargill. 22 His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.6 Steve Mitchell – Bluff 2024 Rejuvenation Project
In addition to his written submission, the submitter tabled a paper on what the Bluff 2024 Rejuvenation Group had completed in the last 12 months and took the meeting through it, copies of which are available from Secretarial Services. He also congratulated Council on its Consultation Caravan and said there was good social dividends to be gained from it.
In response to a question, the following answer was given:
• It’s a great idea for Council to be empowering more groups in the community to carry out what Bluff is doing and this sort of initiative requires some motivation from within the community. The Bluff case is quite constructive because it originated as a result of a public meeting that was called on Cr Boniface’s initiative. The Group was formed at that meeting with a lot of enthusiasm from the Bluff community. If you don’t have that enthusiasm and buy-in within the community, nothing will happen. • As a Committee we haven’t formed a view with regard to the playgrounds but in the community, the consensus would be that they are opposed to it because nobody wants to lose something that they already have. • We don’t keep a role of how many members we have, we probably have around 15 to 30 core members and we are all volunteers. • Our Committee has some overlap between ourselves and the Oyster Festival Committee but we are different organisations. I can’t speak for the Oyster Festival Committee but I do understand that they intend for that venue to be used by the community as much as possible and it’s unlikely to be locked up for the rest of the year.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.7 Clifford Shirreffs – Awarua Communications Museum
In addition to his written submission, the submitter took the meeting through the key points in their submission.
In response to a question, the following answer was given:
• We thought it would be a good idea to see if it is possible to be funded operationally wise from City Council. • Robin McNeill is on our Committee and he is also with Venture Southland, so there is a slight connection with them. • We envisage being open on Sundays from 11.00 am to 3.00 pm and we will also be opened for other events such as the Oyster and Seafood Festival. We will also be opened to groups so they can book in for a viewing of the Museum and perhaps a nostalgic film evening at night. • Other funders have all helped us for the capital but we haven’t approached them for operational funding. • What we’ve based on at the moment is that admission for children will be $3.00 and adults $5.00 and if you come to a film evening it will be approximately $12.00. We haven’t taken into consideration group bookings or family bookings.
23 • We have alarms systems in place as well as camera systems. The alarm system is connected to cell phones so we have got the security aspect covered. • We thought that Council funded the Bluff Maritime Museum and we hope that we do fit into that market as well.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
Note: The Hearing broke at 9.55 am and resumed at 110.20 am.
2.1.8 Safer Communities Group
In addition to their written submission, the submitter showed a PowerPoint Presentation, copies of which are available from Secretarial Services.
The goals of the Safer Communities project were to align with the Police goal of having Southland as the safest place to live and work. There were already a large number of organisations supporting this concept and believed Invercargill City Council should be a key stakeholder and leader in this process and would support Council partnering others to improve coordination and response to the community safety concerns. The submitter requested funding for a local coordinator.
In response to a question, the following answer was given:
• At present it would be the establishment of the coordinator and then once we become accredited other partners will come on board. We have found they have been able to get funding a little easier from other agencies because they have that plan and there is a lot more agencies working together towards that common goal. • They would be within that workplace safety group. The community and organisations realise what is going to change is that workplace safety would be one of part of a group which we would have and they can look towards this workplace group. • We don’t want to blow it out of proportion that Invercargill is an unsafe place because it’s not, but the reality is, particularly at the start of this year, there was a spike in violent crime. In terms of this project, what we would like to see from central and local government and non-government agencies, instead of 5 cars responding to one event, we would like to see an inter-agency response from everyone. This is where we can see the benefit, they can tie a lot of the organisations in where it was separate visits and tailor a package that best suits the situation. There are spin offs for government agencies but the concept ties in very well with councils in terms of ensuring as best they can contributing the community. • We would look at a part time position and that could be amalgamated within Council as it is with some of the other TLAs. • Very favourable response from Southland District Council. We haven’t heard the results of the submission yet but from the Southland District Council hearing the response was very favourable.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
24 2.1.9 Leanne Legitt – Southland District Health Board
In addition to her written submission, the submitter spoke about the relationship between Council and the Public Health South. She said the Long Term Plan had the potential to influence a range of health outcomes for the community. The submitter wanted Council to consider extending the Smokefree Outdoor Spaces Policy to demonstrate leadership in this area.
Note: Cr Dennis left the meeting at 10.36 am
The submitter recommended Council review changes to the open spaces option before proceeding, and expressed similar views to reducing the quality of footpaths. She commended Council for investing in the infrastructure in the Clifton Wastewater Treatment Plant, Kennington Sewerage Scheme and the alternative water supply.
In response to a question, the following answer was given:
• At a South Island level we are working towards addressing childhood obesity and trying to develop approaches and working with our councils and within the DHB to ensure an appropriate policy is in place similar to the smokefree policy. If you look back the smokefree policy, it took time to progress and become acceptable and we need government support for this. We have expertise in the universities and within the public health units that are working collaboratively towards this approach. We would love to be able to work with the council to develop a policy and also consider other alternatives which is something that we have been working on. We need to be prepared as a District Health Board before we come and work with Council. • I can’t pre-empt what is going to happen in the future, but if you would like to discuss this further I would be happy to do this.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.10 David Neil
In addition to his written submission, the submitter spoke about his opposition to a loan for heating. He could not accept the fact Council could take ownership as it was against section 219 of the Crimes Act. If Council was making an offer to replace the appliances without a loan, then that would be fine but he could not see how Council could legally do this.
In response to a question, the following answer was given:
• Everyone wants clean air, good living conditions and wants things to be right. What I am concerned about is that our assets belong to us. They do not belong to the Council and as far as I can see they can’t be taken over by the Council. My contention would be that if you support Environment Southland on this then you are supporting someone to commit an offence. Solicitors may argue this but they argue on the basis of whoever is paying at the time. What I am saying is that it would be wise to look into the situation and to take advice on it because the only thing that I can see the Council could possible argue is a claim of right. Do you have a claim of value over something that has a value and belongs to me in so far as you can take that thing away from me and say you can’t use that anymore, it’s now ours.
25 If you do have a claim of right, the only way I can see you getting a claim of right is by legislating and I can’t see how you can legislate to commit an offence. And also I think the Crimes Act trumps anything the local authorities can come up with. It’s been there since 1961. It’s an Act that is designed to protect people from theft and other offences. So if you legislate that can take someone’s property away from them you can also legislate that grievous bodily harm is okay. • The way I read the surrounding documents, once the older style appliances are phased out, they need to be removed from the premise. If you remove something that belongs to me, you are taking control of it. If you remove the use of something that belongs to me then you are taking control of it as well. I have seen a lot of prosecutions for theft in my time and some of them have been very obscure. I don’t think this is obscure. It has to be thought through. If you are going to stop me using this and take the right of me owning this away, then you have to be prepared to stop me using it. I don’t think you can legislate to do that.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.11 Robert Linterman – Energy Efficiency Conservation Authority
In addition to his written submission, the submitter tabled his PowerPoint Presentation and took the meeting through it, copies of which are available from Secretarial Services.
The submitter said he was keen to support the voluntary targeted rate process for the clean air burners in the region and was looking to tag on the insulation component of this. He said the general income market needed to do this on their own and was looking for support from Council whereby the Council offered voluntary targeted rates for homeowners so they could install insulation to keep their homes warm. He said this was a cost neutral activity for Council so there was no burden to other ratepayers in do this.
In response to a question, the following answer was given:
• As a statistic, 42% of heat loss goes through the ceiling, 15% goes through the floors and 17% through the walls and about 12% through the windows. So if you do the ceiling and the underfloor you deal to over 50% of the problem. • Recently on Fair Go, a homeowner sold a property and did not disclose that there was a voluntary targeted rate on that property. As part of the contract the homeowner signs for having this deal done is that they are legally bound to notify any purchaser that there are targeted rates on the property. Some councils adopt the position whereby if a home is sold then that rate must be repaid upon sale. • The income level is defined by the Community Services Card, so anyone with this card with children under 17 and people over 65 in the home can get their home insulated for free. The government pay 60% of the cost and EECA have found philanthropic organisations that top up the balance. • Our position has been, unless you insulated your home first we would not give a grant for heating. Our policy in the past has been that we would recommend that people do insulation before they do heating. • We are only insulating homes that a permanent residential homes.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council. 26 2.1.12 Jared Cappie – Healthy Families Invercargill
In addition to his written submission, the submitter thanked Council for their support in the Healthy Families Invercargill. He spoke about turning around the rise in obesity and partnering with Council to help create a healthier Invercargill.
The submitter asked Council to review the spaces and whether the 25 playgrounds needed to be disestablished, especially those in the 9812 postcode. Eight out of 10 young people enjoyed informal activities and asked if the necessary equipment was provided rather than turning these areas in green space, hard services could be supplied to meet the needs of the participants. The submitter also supported the gym at Splash Palace.
In response to a question, the following answer was given:
• Part of the Health and Well-being Plan will be around Safer Invercargill as well and it goes hand in hand with Healthy Families and alcohol as well with hazardous drinking. It’s also the violence and crime that comes out of that as well. Safer Communities is around accreditation. Healthy Families around creating a healthier Invercargill to the Ministry of Health approach. We can work around ideas in the community on how we can have a healthier Invercargill and a dedicated work force to create sustainable healthy change. • In Australia there are high gates surrounding school communities so we need to consider that moving forward, if we are disestablishing playgrounds that we need to make sure that we are advocating that there still will be community facilities available as a whole. • Our submission is around making sure we understand the people that are using them, or might potential use them and what attracts them, is it green space or a mixture of green space and other things. • Good health promotion tells us if we want to affect change within a society it has to be collaboration, which is a key principal of Healthy Families. One organisation cannot achieve success in this area alone. Obesity rates are due to a number of factors, society, personal responsibility, environmental, so we believe a collaborative approach is critical to the success of any possible reduction in obesity rates. The second is a continued presence in the community. We have to be committed to addressing this issue long term. It is not something that can be readily fixed. We are committed to getting around the table and part of that submission is not throwing more money at things but talking about resources and finding common ground and work collaboratively.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.13 Colin Anderson – South Alive
In addition to his written submission, the submitter tabled his submission and took the meeting through it, copies of which are available from Secretarial Services.
27 The submitter said that crucial to the success of South Alive was funding from Council and in providing funding for a co-ordinator South Alive had gained support from the community in terms of volunteer hours and additional funding. South Alive was not looking at double dipping but was trying to become self- sufficient and reduce funding. Council continued to support funding and the amount from the community was paying huge dividends.
In response to a question, the following answer was given:
• Our dog park group has identified four projects to focus on which are additional seating, larger shelters, agility equipment and night lighting. The night lighting is the one more for Council funding, the others we will look at different providers. The dog park was an experiment and it one that we have had to look at to see how successful it is and it is growing and it is now time to enhance it. • Because each of the community gardens are contained in those colourful containers, it has worked really well. It hasn’t been a space that is overwhelming for people to then come back and weed, or go away on holidays and it’s a real mess. We have put a watering system in there so over the holidays it gets watered. I think because each area is quiet easily maintained, people have maintained their interest in it and haven’t come back and found it’s overgrown with weeds. The Mataura gardens are a model project of what a larger community garden could look like, but we haven’t headed down that track at this stage. • We encourage people to harvest anything that is ready to go.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.14 Murray Turner
In addition to his written submission, the submitter spoke about parking in the CBD.
In response to a question, the following answer was given:
• I really think that is over to the Council to decide. Short term is fairly short term in Esk Street now with 30 minutes and if you don’t get a park you drive around and around until you find one, unless you go to Briscoes or The Warehouse. These companies must have had permission from the Council to build outside the CBD and a lot of people go there. Unfortunately they are outside the CBD and if you drive in from the country it’s fairly simple to avoid using a car park. I was wondering if the Council was interested in The Southland Times building for car parking because it is a reasonable site and in a good position for some type of car parking or even multi-level car parking which would create more revenue for Council. • It’s still a very congested area but there are a lot of nice shops there. It’s a pity they couldn’t be utilised more. • It may not even be up to earthquake standard, it may have to be demolished. • Years ago you used to park in The Crescent but times have changed and people are more on the move. • The Southland Times building is located in the middle of the CBD.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council. 28 2.1.15 Chris Ward – Invercargill Licensing Trust
In addition to his written submission, the submitter spoke about alcohol licencing fees and asked Council to consider the fees. He said the alcohol licencing fees as set were an increase of 480% for the Licensing Trust. The Government had considered whether local authorities should set their own fees but decided not to due to the discrepancies which would result. The submitter believed that Council had not considered the submission made to the Local Alcohol Policy and asked that Council consider it now.
In response to a question, the following answer was given:
• I don’t know the context of the circumstances. My submission was that we are not aware of the reason for you rejecting the evidence. It is not enough to simply make a statement ‘I don’t think that the Invercargill Licencing Trust area is any better than anywhere else’ when you have evidence to the contrary, unless you actually produce that. • The total turnover for the Invercargill Licensing Trust is $90 million. • If the basis of setting fees is to be for recovery of costs for administration and inspectors and enforcement which is a statutory basis for the fees, nowhere in the legislation that I can see does it talk about the ability to pay. So if you had taken that into account, I suggest that is quite outside the mandate you have had. Part of the point is that this is not just about the Licensing Trust, it’s about the justification for the fees across the board. • From the point of view of legislation, the legislation says it is designed for cost recovery. The government has said it is for recovery. The legislation provides that you don’t have to make an appearance. The accusation is that if you don’t accept that it is better here than in other areas, and the other areas are governed by a maximum, then you are suggesting your own department is not efficient. Hopefully the point is being made that if your department can’t do better than other areas because they are in a better area then there is something wrong. • I think that if you have a Local Alcohol Policy which is combined, whether or not the Southland District Council do it is another matter but Gore of course is licensing trust district and they have recognised the fact of the existing trust by reducing the fees. I am saying you should do the same as them, whether I think you should compare yourself with Southland District Council, I don’t know because they have a different set of licensees there. • I can point to three things that I have thought of that must save you time and money, and that is Licensing Trust has a large portion of licences in the district and a single point of contact. So in dealing with them you don’t have to hunt people down. The second is because the Licensing Trust doesn’t trade in its premises there will be less sales in licensed premises in your district because none of the Licensing Trust premises get sold. Probably the most significant is the enforcement issues where the Police say they find it a lot easier down here to deal with it in a licensing sense, not crime, because of the existence of the Trust and that is enforcement in a sense of licencing matters. • At least one item in the budget has raised eyebrows, a figure of $84,000 for the cost of infrastructure. There are items they feel they would like to talk to you about.
29
• I accept what you say and have no reason to doubt that submission that you heard, but you have to remember that this fee setting regime has nothing to do with that type of enforcement and is about making people stick to the rules of their licenses which may have a flow on effect in the prime area, but the enforcement we are talk about paying for here is not dealing with the results of violent crime or alcohol fuelled violet crime, its dealing with the licensees activities and I suggest to you that point, while well made, is not something that should be taken into account.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.16 Samantha Hall – Natural Birth Southland
In addition to her written submission, the submitter spoke about helping create support networks and a collaborative approach for new parents and requested Council funding for a venue.
In response to a question, the following answer was given:
• I feel they are not being utilised to their full potential. As it stands we are seeing a lot of parents coming to our group now, that’s why I am here. We have had people coming to us and saying we need support but they are more likely to talk with their peers then they are to go seek professional help. I think if we have one port of call, one venue, where parents can come and we can point them in the right directions. Currently people are coming to us and they don’t know about the support networks available to them and often people don’t use them as they feel there is a stigma attached to it. The sad reality is that we have a lot of people coming in and saying they lie to their Plunket nurses, they don’t tell them the true. But if they are coming to us and they are actually telling us what they need I feel we are offering greater support. • We can utilise them and it could be with other groups. This is very early stages but I am here to gauge your opinion. We do feel there is a great gap in the community for this. And with my background I am aware that getting off to a great start for families is essential in creating good futures for our children. Currently as it stands we feel there is nothing like this in Southland. • If sports clubs were accessible to being a drop in centre. We are addressing so many issues such as post-natal depression and nutrition and all these things are about getting children off to a good start. Because we don’t have this stigma attached to us because we are completely neutral, more women are attending our group. The funding now is aimed at ‘at risk’ families rather than everyone.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
30 2.1.17 Kathryn McCully
In addition to her written submission, the submitter showed a PowerPoint Presentation, copies of which are available from Secretarial Services. The submitter said Council had the opportunity to lead a new approach to arts and culture in the city and suggested a conversation be held with Southland Museum and Art Gallery, City Gallery and Anderson’s Park Art Gallery to progress a proposal for a purpose built multi-disciplinary arts and cultural facility in the vicinity of Wachner Place.
In response to a question, the following answer was given:
• I think it is an important public service, like a swimming pool or stadium, which I see the Council as leading in the best interest of the public so I certainly see Council should have a great stake in what happens with that facility, including its purpose not just the building itself. A lot of museums and galleries now are council bodies or CCOs. They were once organisations or Trust Boards, so the Trust Board model, a lot of museums have transitioned through that model and are now bodies of councils or CCOs. In reference to the Invercargill City Council, the other thing to think about is you have over 30 museums in Southland representing their specific areas and the uniqueness of those areas. That would certainly be an important question for the Southland Museum and Art Gallery moving forward and for its collection. • For a start looking at all resources between these three organisations, you talk about divided resources. The current footprint for the Southland Museum and Art Gallery, I don’t there has been enough investigation done into the future operations of the museum. There may be considerable space savings that can be made through a vision document. Museum cants keep getting bigger and bigger, it would have to come up with some strategies of how they are going to deal with growth. I think there is some strength in these individual organisations working together in the CBD. CBDs are very important, there is a culture of visitation in CBDs and the world is changing. More people are shopping online so the businesses that we need in CBDs are social so we want people to be at cafes and cultural facilities. • With regard to site for museums, I believe it should be where people are. So regardless of whether you say the CBD is, people don’t walk there. I crossed that road and it is an impossible road to cross. I don’t see floods of people crossing over to visit the museum. It’s in a destination based site at the moment which is a different kind of visitation to the kind that happens in the city where people go and park and spend time. • The two options that are commonly explored when museums have moved away from being governed by Trust Boards is generally CCOs or councils. So they are generally investigated as part of any museum or gallery transition. • I think that any time is a good time to bring up a good idea. There are certain things that have happened in the city since that was proposed. We are talking about a reasonable period of time since those plans were originally developed which is quite common with rebuilds. In terms of the future of Invercargill I consider it will be the responsibility of Council to think about those big picture issues and how perhaps costs could be reduced in the long term if more of an amalgamation approach was considered. The value could be gained from a facility in the CBD and the potential that could contribute to Invercargill should also be considered in terms of that value for the community.
31 His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
Note: The Hearing broke at 12.21 pm and resumed at 1.05 pm.
2.1.18 Carolyn Weston – Blind Citizens NZ
In addition to her written submission, the submitter spoke about accessibility of material as not all citizens could access information and information needed to be in Word. The submitter wanted to congratulate Council on the introduction of the dual pedestrian crossings and said the vision impaired needed plenty of light at night time and requested more street lighting.
In response to a question, the following answer was given:
• We brought out a DVD and we had our Executive Officer come down in March and her and our Branch Chair went on the bus and the bus driver was driving really quite fast around corners so we told Mr Cook and he gave us a shoppers feedback form and we sent that and someone was on the bus with the same driver and he had changed his driver, so if they do get feedback they are working on it which is better than before. There are people complaining that sometimes the audio announcements are too soft or loud or not going at all. Mr Cook told me it was people in Auckland who controlled the audio but the bus drivers could fix it. • It’s because a lot of our people are elderly, but what we find is that if you press the button you have longer to cross the road and if you are totally blind you can use your cane to follow the road. • Track a Bus will need to be audible. You have to look at the system because some of us use “Voice Over” and I have “Talks”. So if it came in a written text my phone would read it to me. It depends on the technology.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.19 Victoria Ann Sinclair
In addition to her written submission, the submitter spoke about retaining the Makarewa Reserve. The Playcentre was situated alongside the reserve and it was their preference that Council retained ownership of this land and the Playcentre was not in the business of landownership and needed to use their funds for the children. The reserve was well utilised by two not-for-profit groups.
In response to a question, the following answer was given:
• We want to maintain an area for our Playcentre. I haven’t looked at the back of the land. We are about protecting the area for our Playcentre. • The building and the land are used by other members of the community and I don’t think there is a lot of cost for groups wanting to use our facilities. It is not used just by the playcentre.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
32 2.1.20 Nitin Sukumaran - WellSouth
In addition to his written submission, the submitter was concerned about the level of service which would decrease in not maintaining the level of footpath maintenance. The submitter supported the preferred option of building the fitness centre at Splash Palace as it would be useful for all users. It would give the opportunity for retailers as well. He also there was a need for children to have a free play and develop their skills and wanted to keep the equipment in the already established playgrounds.
In response to a question, the following answer was given:
• Personally I go to the gym. When we talk to other gym members, usually what they say is the membership fee when it is for a long term which is expensive discourages middle and lower income families, so just to encourage our community, to encourage middle and low income families if you could subsidise the membership fee initially so that more people could go. • It could be a bit excessive for low income families. At the same time we have the café, the foyer and other others and if retailers came forward to establish shopping complex or build their own areas for promotion you might get people who are able to buy certain things so in that case I hope the subsidy wouldn’t be compromised.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.21 Tanith Robb – Federated Farmers
In addition to her written submission, the submitter spoke about the rates placed on farmers versus the benefit they receive from Council and recommended that the farming differential be increased to -40% and to consider changing the property based rates. The submitter said that trying to analyse the information in the Long Term Plan was difficult and said there seemed to be significant errors in the Funding Impact Statement. She said the average farmer was paying 22 times more than someone living in town which did not seem fair.
In response to a question, the following answer was given:
• We are asking for -40% this year but to move back to -60% to where you were in the past. We would be happy as a part movement to 40% this year and then to 60% next year. So whether you have to record that as part of your 10 year plan. Again that would line up with the neighbouring farms in the Southland District if you got that point. If you take a $5.5 million property it would be about $2,000 on rates to shift from the -20% to the -40%. So it would bring the rates down from $10,000 to $8,000 and if you did that again next year you would bring it down to $6,000 and you are in the same ball park as the Southland District Council. • We would say that a $1 million farm isn’t able to work as a farm. You wouldn’t be able to live on that.
33
The other thing is that we are specifically looking at the rating increases for this year and commercial property owners are all getting a negative, there is no increase for them based on 16-19% increases. There are other ways to do this, it’s just you have proposed to get rid of the differential and if you did that all of the financial strategies, the rating policies and other financial information would need to be completely redone and amended and consulted upon to make sure that the outcomes were equitable. So there are other ways to do it but just the way you have proposed it, getting rid of the differential would be devastating. • It goes to show that property value based rates aren’t a good way of rating the community. • The other point about the $1 million versus $5 million, a lot of these things are about people. The seat in the Civic Theatre is the same whether you are a farming family or if you live in town. Just because your property is worth 5 times more doesn’t mean to say you have 5 times more use. • At the moment in the final analysis you have a gross inequity with farmers paying disproportionate high amount of rates and you have a way of addressing that now of increasing the differential to -40% on a move towards -60%, and then you get things back into kilter again with the Southland District Council. It is completely out of order where a farmer pays more for street lighting and the footpaths than the average earning ratepayer.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.22 L O’Callaghan
In addition to her written submission, the submitter spoke about maintaining the footpaths rather than spending money on Rugby Park and the Kakaporium. She suggested a user pays approach to city venues. She said a lot of attention was being given to the 2016 breeding year for kakapo but felt the issue should be about the Museum and its future plan. She said a lot of things happened outside the Long Term Plan process such as the Representation Review and major projects such as the OtagoNet and the purchase of the Wind Farm. It seemed that a lot of decisions were executed in pre-emption of an approval process, which was facilitated by a convoluted and non-transparent mechanism that the general ratepayer could not understand. She suggested that Council should follow Dunedin and Rotorua by removing director remunerations as things happened without ratepayer input.
In response to a question, the following answer was given:
• In some ways I am using footpaths as an example. My point is if you are prepared to compromise infrastructure on the other hand, that is actually like $1 million whereas we have $1 million going in a lot of different directions.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
34 2.1.23 Graham McConechy
In addition to his written submission, the submitter spoke about the Clean Air Act and wanted to know when the cut-off date was. Cr Ludlow said this sat with Environment Southland and consultation was happening on this at the moment. The submitter spoke about the coal range in his home and said this was the only form of heating and cooking he had. To change this system would be an expense he could not afford. Cr Amundsen clarified this by saying as it was a cooking appliance and not just a heating appliance it would be exempt.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.20 Chris Henderson
In addition to her written submission, the submitter spoke about the Warm Homes Trust and suggested Council could have a rates reduction of 16% if they adopted dark sky lighting. She did not believe the fertilizer Taha produced was acceptable for New Zealand soils and request Council pursue this. She also suggested billing absentee landlords.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.24 Ross Wensley – Southland Santa Parade
In addition to his written submission, the submitter spoke about the history of the Santa Parade and requested funds for rental space to store the floats.
In response to a question, the following answer was given:
• The $12,000 is a fair rent and unfortunately we have had to pay $5,000 in the past but it hasn’t be really suitable premises. We have a really good one this time and that is the cost so it is realistic. • It would be better than fantastic having a shared facility because there is no doubt that there are a lot of bits and pieces about the town with groups like that, and as you know some of them have been stored along with the floats in the past at no cost and landlords to provide buildings at no cost forever is not such a great idea and it’s not so stable for us. To move the floats we need high doors and half the buildings that have been used in the past haven’t had high doors which has meant a lot more handling. I am talking about days to load them up and get them ready for the Parade as compared to just hooking on to them and driving out the door. • I am aware that a building owned by an Invercargill person is leased by the City Council to store their floats and they pay the cost, and prior to this last year it was a Dunedin person that owned the building that we had our floats in at no cost. • I have had a good hunt around at everything about that I knew of and have had to discount a lot of properties.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
35 2.1.25 Bronwyn Elder
In addition to her written submission, the submitter spoke about retaining ownership of the Makarewa Reserve. The Playcentre was opposite the school and the money fundraised was to put towards the kids and not the land ownership. It was a well utilised paddock which was used weekly.
In response to a question, the following answer was given:
• The Makarewa School Hall was demolished in February or March this year. Originally that is where the Playcentre was. It used to be in the hall and then 34 years ago they put the building that is there now on that site. • So far as I know, I think the hall came under the school and that is why it was demolished, they didn’t have the money to put into it to bring it up to standard. • We don’t want to close but our first option would be that the ownership is retained by Council because we are parent-led and parent-run and we are educating the children and we don’t want to be landowners we want to be educators.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.26 Nathan Surendran
In addition to his written submission, the submitter spoke about the going forward into the future, and to think about things like energy returns. He would like to see Council put in time and resource into exploring resilience and the changing environment, not just environmental but financial, to help increase resilience in the community.
In response to a question, the following answer was given:
• Taking a step back from the last 150 years that New Zealand has existed as a nation, in that situation has developed to a point it is currently at in taking a longer term view. Civilisation is rise and fall and they start their decline when they reach a peak in complexity that is just unsustainable. I think we are somewhere near that peak at the moment, that is very much a part of the message that I am trying to bring to you today. The reality of a gradual decline, or perhaps some sudden steps down along the way to something simpler is something to the physical reality of the energy that we have available to us. That drives our financial system and so on. The idea of a more prosperous tomorrow in material terms is something that we need to question activity.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.27 Rodney Tribe
In addition to his written submission, the submitter said the Consultation Document was clear and concise but he had no idea what Council intended to do over the next 10 years. He struggled with the increase in Animal Services charges and could see no benefit from this. He wondered why the Financial Strategy was not in the Consultation Document as it was a significant shift in the way Council funded capital and operational funding.
36 In response to a question, the following answer was given:
• I would be happy if, and only if, all proceeds that were struck from rates went to paying those bonds and the debt associated with it. What this says is that Council can use it for whatever it likes which is what is being consulted on. To me that is a significant change which should have been in the document itself.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.28 Sumaria Beaton – Awarua Synergy
In addition to her written submission, the submitter acknowledged the Southland Warm Homes Trust and the contribution Council had made to the community by supporting this. She wanted to ensure that the loan included insulation as well as heating.
In response to a question, the following answer was given:
• We do have larger homes in Southland so that funding does stretch over a bit sometimes. • It changes people’s lives just by insulating underfloor and ceiling, especially getting rid of the rising damp. • There are a lot more tenants pushing for this and property managers are being asked whether the home is insulated. The Southland Warm Homes Scheme is coming up with an award for property managers to help them compete on getting the most done. We have to try others ways of doing this as well. • There is still a lot of demand. There was something on Campbell Live last week and that has increased phone calls. There is a demand and on TV it is advertised about the voluntary rates so throughout a number of years we always get these phone calls of putting this on the rates. It is a political issue and it’s not easy to come up with the result to make everyone happy. • We are trying to provide a number of different options for them to go to their bank, top it up on their mortgage. We have just stated the Q Card, but the rates thing would also help with meeting that demand. • We had done a small batch a number of years back and the government are trying to tidy up, but sometimes that funding gets sucked up in Auckland and we are last here in Southland but we are always pushing and telling them that the Housing Corporation houses need them. • If you don’t have a Community Services Card you have to pay for this. • If the installers can’t fit under the house due to being too low to the ground, due to health and safety we can’t do this.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.29 Ivan Hodgetts – YMCA Invercargill
In addition to his written submission, the submitter spoke about the inclusion of the fitness facility at Splash Palace and the competition it would cause to his company. He wanted to revitalise the YMCA building and wanted to be included in the conversation on the CBD.
37 In response to a question, the following answer was given:
• The other gyms have similar concerns about their viability. • Potentially what you are doing is making it harder for us because if someone is looking at things like going to a gym they are thinking about their decision around that. If you can convince people to pay $700 we would like to know. We would think that is potentially quite significant that we would lose people. • We have group fitness activities for elderly who sit in chairs and people with a range of disabilities including those in wheelchairs. • We try to make our services as cost effective as possible. • There is uniqueness about our community and what we do. We are quite isolated from the rest of the country and we are small, so we should be thinking about what works for us and I wouldn’t be convinced that basing our decisions on what they do in larger areas with larger populations. • From our understanding and feedback it does impacts on us. • We try to align ourselves with other gym costs. Around about $500 depending on the nature of the membership.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.30 Wayne Affleck – Burt Munro Challenge
In addition to his written submission, the submitter wanted to thank Council for its support and spoke about holding the street race in Bill Richardson Drive which would help promote Invercargill more.
In response to a question, the following answer was given:
• In the past where we have cancelled the beach races twice. So about three years ago we actually did an RMA. There is an area at the bottom end of that estate where a paddock is that we got permission from all the landowners around there to run a grass track event in lieu of if the beach wasn’t suitable. I believe that is still in play for some residents. We have been talking with Pam about a couple of streets that are a bit closer to the proposed rate this year that we are going to have to speak to and may have to incentivise but we are working through those issues. • 90% of the neighbourhood is either commercial or the prison. • During the Sunday, typically practice would be from 9.00 am racing until 4.30 pm. The commercial venues close to the track itself are rubbing their hands with glee because they see this as a huge promotional opportunity for their business. They can entertain customers and do different things. Everyone we have talked in that area have been extremely positive. There are a couple of streets that are reasonably handy that we need to respect the noise issue. By law the bikes are not to be more than 95 decibels. • In the early days we were getting up to 8,000 paid people through the gate. Which made it quite a commercial success in the Wyndham community. In later years this has dropped to around 4,000. Last year it was just on 3,000 on the back of a bad weather day. It has been financially beneficial to Wyndham but put strain on the small town voluntary resources, using the rugby club, roading club and businesses with infrastructure to be created and disassembled again in a short time. We have high expectations it should be pretty successful for the first two or three years in Invercargill. It’s too hard to have licenced booths.
38 The reality is if you take your own there is very little law to stop you doing so, to actually sell it and control it gets a bit hard. It is our intention at the moment to have a BYO as opposed to a licenced booth. • This year is a bit of a trial. We haven’t asked for any more but we will probably look for other sponsorship but we expect it to self-fund whether or not, and we would need a crowd of around 5,000 people to make that viable. We are a little bit premature because we haven’t got a solid budget yet and we still have a few issues with Pam to work out. • We have done a traffic management plan and will set aside an area for the bikes, as much as an attraction as convenience.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.31 Jeremy Duncan – H2O Dreams
In addition to his written submission, the submitter spoke about the gym at Splash Palace. There was a misconception it would take away revenue from other gyms and believed this was a point of difference.
In response to a question, the following answer was given:
• People can train in a variety of different ways. If they have an easy session in the pool they can go to the gym first or vice versa. There is lot of stuff around the cold tub that would come under that as well. • Currently where we are going, there is a health and safety around this. We wear our high viz vests and the kids get dropped off at the pool and we run down to SIT gym and then run back. By that time it’s dark and they have to get across the main road during peak traffic. From a health and safety point it would be a lot easier. • For us growing up we swung from trees and played on ropes and did all that but with technology it is a different generation now and we get a lot more injuries because they don’t to strength and condition gym work with their shoulders and stuff so I see this a pretty important. • I can’t set the pricing structure of the gym but currently a lot of them have membership already. Of those 1,200 kids I am not sure how you would structure the memberships. A lot of those people would have gym memberships and swim memberships. It depends on how you structure it. If you have more than one or two swimmers you could possibly structure it in a different way but I think you need to look at the numbers and be quite specific. • My understanding of what happens around the country is that when you buy a gym swim membership you might swim 364 times a year and you might do one gym, but if you are paying for the gym swim membership you could swim 365 and go to the gym 365 times a year.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.32 Graham Hawkes – Paddington Arms
In addition to his written submission, the submitter spoke about the schedule of charges in alcohol licencing fees and queried the need for this new structure as nothing had changed in the industry. The Council fees were the same as a pub in Auckland and he asked Council to reconsider the fee structure.
39 In response to a question, the following answer was given:
• As a ratepayer I would be much happier to be able to go into town and have a glass of wine at a café rather than have to go to the public bar. • The jump is 342.2% which is way too much. If you take baby steps there may be a way around it. But certainly one big jump like that is far too much. • Invercargill has led the way in licencing up and down the country over the years and you don’t want to go backwards now. • There is a perception so if you look at public bars in the CBD, while they are under a tavern licence, would you call. The Kiln a public bar, is it a restaurant that sells drink or is it a bar that sells food. It is a tavern, not a restaurant or a café and they don’t sell Eggs Benedict or something light to go with a glass of wine.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
Note: The Hearing broke at 4.00 pm and resumed at 4.50 pm.
2.1.33 Makarewa Playcentre – Nicole Armishaw
In addition to her written submission, the submitter took the meeting through key points in her submission.
In response to a question, the following answer was given:
• We had a meeting with Bill Batt the other day so the communication is there with the Makarewa Lions Club. In the past we’ve worked well together and I would like to see it build up more. With the Playcentre, when the children turn 5, the role changes a lot. I’ve been there a while and relationships have grown so it’s about keeping that contact alive. • We don’t have a playground but we’ve got the school close by.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.34 Yvette Hodges
In addition to her written submission, the submitter took the meeting through key points in her submission.
In response to a question, the following answer was given:
• The Talbot Street playground is in great condition. When I heard that you were going to get rid of 25 playgrounds I didn’t think it would be any of the ones that I go to because they are awesome, so I was really shocked to see Talbot Street on the list. There’s an infant swing with two swings, there’s the slide I mentioned, which is built into the hills and there’s also an interesting look-out tower, which is different to all those plastic play modules that are at all the other playgrounds. • I’m thinking of the grandparents who may want to take their grandkids to the playgrounds and in the Consultation Document it lists the 25 playgrounds and it says, “removal of play equipment as disestablishment”, which is different from the land considered for disposal. 40 • I’ve been to many of the playgrounds and I’ve made a gesture towards negotiation and compromise. I’ve said if you must, you can take Racecourse Road.
His Worship the May thanked the submitter for her submission and taking the time to present to Council.
2.1.35 Board of Trustees of Otatara Primary School – Warren Ruwhiu and Tracey Yardley
In addition to their written submission, the submitters took the meeting through the main points in their submission.
In response to a question, the following answer was given:
• I’m not aware that the Constable out there has an alternative. His main concern is the drop off area because that’s where the backlog is created. He could see that disestablishing that could would be a way to stop that backlog of traffic on Dunns Road but the problem with that is that parents will need to find parking and there’s nowhere available to park. • The Ministry of Education are happy that the children leave the gate untouched and as soon as the kids cross the road, they want nothing to do with it. • Every five years we get capital projects expenditure money. There is some due in 2015/16. We have an ageing school, we have a number of issues, like we need new toilets, the rood needs replaced and things like that. Last time the five year allowance they gave us was about $350,000 and it’s supposed to last us five years but we spent it all in the first year. • I’ve wandered around the tennis courts to try and find alternatives to try and utilise that as well. There is an issue with the access from the edge of the road but we are sort of bursting at the seams for the kids, in terms of trying to utilise space. The tennis courts are used by the kids for sporting activities during the day. • When we redeveloped the carpark there was another five to six carparks that went into the bush a bit so they redefined the bush. The dangerous part is cars parking along the road and kids walking past which is horrible.
His Worship the Mayor thanked the submitter for their submission and taking the time to present to Council.
2.1.36 Richard McMillan
In addition to his written submission, the submitters took the meeting through the key points in his submission.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.37 Bridget Forsyth – Cancer Society
In addition to her written submission, the submitter tabled her submission and took the meeting through it, copies of which are available from Secretarial Services.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
41 2.1.38 Jim Watson – Makarewa Lions Club
In addition to his written submission, the submitter clarified that he was speaking on behalf of the Makarewa Lions Club and the ongoing relationship they have with the Makarewa Playcentre.
In response to a question, the following answer was given:
• We have a track record of working together with the Makarewa Playcentre and we have met over the possible outcomes over issues in the area, and we are firm that we will keep on working together with them, so there’s no issue there. • I like to think that Makarewa is an active area.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
Note: The Hearing adjourned at 5.51 pm.
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42 MINUTES OF THE EXTRAORDINARY MEETING OF THE INFRASTRUCTURE AND SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON THURSDAY 28 MAY 2015 AT 4.00 PM
PRESENT: His Worship the Mayor Mr T R Shadbolt Cr L S Thomas – Chairman Cr I R Pottinger – Deputy Chair Cr A G Dennis Cr I L Esler Cr P W Kett
IN ATTENDANCE: Cr N D Boniface (from 4.40 pm) Cr R L Abbott Cr R R Amundsen Cr G J Sycamore Mr C A McIntosh – Director of Works and Services Ms L Kuresa – Committee Secretary
1. APOLOGIES
Cr K F Arnold.
Moved Cr Dennis, seconded His Worship the Mayor and RESOLVED that the apology be accepted.
2. REPORT OF THE DIRECTOR OF WORKS AND SERVICES
The report had been circulated and Mr McIntosh took the meeting through it.
2.1 Queens Park Management Plan Amendment
Comments included:
Cr Esler said he was supportive of the overall plan but he was concerned about the points set out in the report about spraying, lighting and temperature. He said what was missing was a scientific review of the whole project that was independent of the Department of Conservation. He said he was concerned about the fact that $2 million would be spent to build the Kakaporium/Tuatarium and find afterwards that there were issues around it. It was important to have an independent review by somebody like a wilderness consultant in Christchurch to go through the whole thing in detail and look at all the habitat requirements on how the environmental factors could affect the Kakapo and Tuatara. He said he wanted that added as a fourth recommendation.
Cr Dennis said he initially supported the concept and since that time he had a surprising number of people who had approached him with different ideas for this project. He said it would be designed as a build on to the existing Museum and there was still a lot of discussion and decisions to be made as to whether the current Museum was going to exist in its current state because there was still talk about shifting art galleries into the CBD as part of the inner city upgrade.
43 He said the future of Anderson Park and others was still in question and there were even some suggestions that the Kakaporium should go ahead as part of the aviary and so on. There were so many question-marks about this project and he was concerned about the Committee making a decision about it now. He said Cr Sycamore had a news item about how Kakapo could survive in confinement that he would like to hear about. One of the letters of support said it would be great to have a breeding hatchery for Kakapo and chicks but he did not think that was possible.
Cr Sycamore said he thought this was a great idea when it was first proposed but since then he had reading a letter in The Southland Times recently from the Service Manager of the Department of Conservation who clearly said that so far it had not been possible to breed Kakapos in captivity. Going back to the 1890s they had tried and failed and again in the 1960s several were taken from Fiordland and one of them died within three months. In the 1990s a Kakapo was trialled in a semi captive environment within a sizeable enclosure, so it had not been proven that these birds could be kept alive and on that basis, he wondered if it was a good idea to have it as part of the Museum. The original proposal was that it would only be there for a few weeks at a time and obviously this was the reason why because they could not be kept in captivity. He did not see that it needed to be part of the Museum or Tuatarium if the chicks were only there for a few weeks of every second or third year.
Cr Pottinger said he was confused by what Cr Sycamore had just said because he was of the understanding that the Department of Conservation was introducing a successful breeding programme which he thought was being established.
Cr Esler said to clarify, Cr Arnold had given an introduction to the proposal and the idea was that they would not be bred in captivity. The eggs would be taken from the wild and it was merely raising the egg to a certain age and then taking them out to the wild. It was successful but with the idea that there was intermittently a tame or semi tame bird present, we would not be breeding them in captivity. He accepted Cr Arnold’s point that you could not keep a fully mature bird full-time in captivity and there were various reasons for that.
His Worship the Mayor said he agreed with the submission made by Mr Swallow in this case and 70% of Councillors had approved of the concept but with the level of doubt and lack of research that Cr Esler pointed out, Council should give it more time, in this case three years. He said it was still approved by the Council but he was watching television and it was the Takahe that was a threatened species and they never mentioned Kakapo in the whole programme. There was a lot to learn about this area of keeping birds in captivity and Council needed to think about it longer and see what research came out of it.
Cr Amundsen said she agreed with a lot of the concerns that were raised when this matter was previously raised about this project. There were more immediate issues that had been raised with regard to the Queens Park Management Plan, for example the applicant was responsible for all the costs associated with tree removal, service location and park realignment. She asked if that would be an additional cost to the $2 million that was in the last plan and what was the value of that? How much would those extra costs be? She said that related specifically to the Queens Park Management Plan and what the Committee was required to approve today.
44 In response to questions, the following answers were given:
1. This project is a clip-on with little change to the proposed Museum redevelopment. 2. This meeting is to make a decision tonight. The bulk of the Committee are here and it’s prudent we make a decision around it. If Council was to revisit it, it can at a later date, but this is about the Management Plan. I see it as the Asset Management Plan amendment that could fail and lose the vote but it could come back to Council and the whole scenario of the Business Plan and the Kakaporium location and especially the additional costs may be incurred by the park for preparing the land for the project, could all be put to full Council then. It doesn’t have to happen tomorrow, it could be put on hold for as long as we need. 3. This Committee has delegated authority but the next step is the consultation process on the project itself. All this Committee is doing is approving the site for the project where this Committee has delegated authority to do. Mrs Short has prepared the Consultation Document about it and based on the consultation the project can be approved or overturned.
Cr Thomas said he agreed with His Worship the Mayor regarding some of Mr Swallow’s submission where it said that use should be made of the three year breeding space to fully assess the implications. He said this development, while he voted against it in the interim, needed more investigation. Council was rushing for 2016 for fledging Kakapo but there were too many hidden costs. It was originally $450,000 and now it had now increased to $1.8 million, $1.9 million combining the Tuatarium as well and there were now extra costs associated because Parks did not want to be associated with any costs at all. He said it mean that it was still within Council to fund and pay for it.
Cr Abbott said he had concerns like a lot of people around the table especially with the escalating costs. He said Council needed to slow down instead of rushing into it.
Cr Kett said he was very excited about this project when it first came to Council but with all the added costs that had come in, which could go well beyond the $1.8 million, he had some concerns.
The Committee discussed the matter further and agreed there were too many concerns about the added costs and there was a need to slow down until the Committee received more information. The Committee was also concerned about the suitability of the site.
Cr Amundsen suggested adding two more conditions to the recommendation as follows:
Subject to a full report for cost of site development and reinstatement; Subject to a revised financial model.
She said by doing this it meant that Council could still put it out for consultation without Council committing to approving the project until all the conditions were carried out.
45 After further discussions the Committee agreed to add Cr Amundsen’s two conditions and agreed that the Department of Conservation should pay for the scientific report that addressed the items raised by Mr Pagan in his report.
Moved Cr Kett, seconded Cr Dennis and RESOLVED that the report be received and a Council resolution be made to approve the development of the Kakapo and Tuatara facility as advertised, subject to the following conditions:
That the applicant be responsible for all costs associated with tree removal, service relocation and path realignment to the satisfaction of the Parks Division; That the construction zone is limited to the agreed footprint; A Development Plan be provided detailing the requirements as required under Section 4.1 of the current Management Plan for Queens Park; Subject to a full report for cost of site development and reinstatement; Subject to a revised financial model and a Department of Conservation Scientific Review.
Note: Cr Abbott voted against the recommendation.
There being no further business, the meeting finished at 4.45 pm.
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46 MINUTES OF THE RECONVENED EXTRAORDINARY MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON FRIDAY 29 MAY 2015 AT 8.00 AM
PRESENT: His Worship the Mayor Mr T R Shadbolt Cr D J Ludlow (Deputy Mayor) Cr R L Abbott Cr R R Amundsen Cr N D Boniface Cr A G Dennis Cr I L Esler Cr P W Kett Cr I R Pottinger Cr G J Sycamore Cr L S Thomas
IN ATTENDANCE: Mr R W King – Chief Executive Mr C A McIntosh – Director of Works and Services Mrs P M Gare – Director of Environmental and Planning Services Ms E Harris – Communications and Secretarial Services Manager Mrs M Short – Manager Strategy and Policy Mr D Booth – Manager Financial Services Miss K Graber – Policy and Planning Analyst Ms L Kuresa – Committee Secretary
1. APOLOGIES
Cr G D Lewis, Cr K F Arnold and Cr I R Pottinger for lateness.
Moved Cr Abbott, seconded Cr Ludlow and RESOLVED that the apologies be accepted.
2. DIRECTOR OF FINANCE AND CORPORATE SERVICES
The report had been circulated.
2.1 Submissions to the Long Term Plan Continued
2.1.39 Richard Hay - SPCA
In addition to his written submission, the submitter tabled a copy of his submission and took the meeting through it, copies of which are available from Secretarial Services.
In response to a question, the following answer was given:
• If we received a lesser grant we would have to look at the services that we are supplying because that’s got to be done on a role basis anyway. We are at a loss last year of over $100,000 and heading in that direction for this financial year, which is a big issue. Obviously we are not going to be able to deliver to the level that is expected and that we are capable of doing because of the new shelter.
47 We will have to look at existing ways that we are getting income, which includes grants, donations and so on, but we have to move into the space of looking at commercial contracts. This is a possibility that we have services and products that we can sell. We are going ahead shortly with our new flag ship op shop to try and boost that income and as Councillors may know, we have secured a contract with the Council for the delivery of afterhours dog control. This has only just started so we need to look at these sorts of things in order to increase the income. The bottom line is that if we are to deliver what we are delivering now, we can’t afford to do it with the income that’s coming in because of insufficient resources to do so. • Last year we posted a $100,000 loss but it will be over $150,000 loss this year with the new shelter. • As I understand it, beforehand it was making its way quite nicely. I wouldn’t suggest that was necessarily a profit there but with the shelter, from the tin shed collection that they were operating out of to go into the big operation that they have now, with it came with some horrific costs and electricity and rates is an example of those costs. We are so getting a substantial increase and demand of what our services are doing. For example those figures that they gave you last year are well up on the year before but if we took 1,300 animals that went into our care last year, so far up to April this year we’ve had 537 animals, so if you worked that out for this year we are going to have 2,200. If you look at the number of complaints this year, we have had an increase of 30% over last year. The profile has increased, the demand has increased and with it we’ve got to be able to have the resource to do that and to have that resource we need income coming in. • The rehoming charged for dogs is $200.00 per dog and for puppies $250.00 per puppy, $100.00 for per kitten and $75.00 for cats. Having said that, there are a number of situations where there are dogs that would not be rehomeable if there was to be a charge. For example, yesterday we rehomed in the country that was a blind and deaf Beagle that had a skin allergy and there’s no way we could make someone pay to rehome that. That dog has also housed with us for quite some time so we’ve had that expense of looking after it. • We have set programmes where we have an SPCA Day where there is door-to-door collection, collectors in town and such like. We also have set fundraising events such as Cupcake Week, which is substantially good income. We have hired a part-time Events and Fundraising Manager and her role is to increase that side of it and that’s starting to happen with things that have been put in place within the last nine months. It’s a very strong focus of what we get the money in to give the service. • We’re caught between a rock and a hard place when it comes to approaching community funders, in so much that one of the things they ask for is not only a budget but also financials of the year before and they’ve moved into the situation where if we look at the financials from the year before, which was the tin shed and the smaller turnover and smaller contribution to the community and products and services, then there’s no comparison. We have been holding off making that effort and also knowing that they have contributed greatly to the support of a new building so last year there’s no approach made to any of the community funders mainly because of those two things. There has been quite a lot of overruns and that’s been part of that as well. We still have a $45,000 overrun to pay to the builders, which we’ve been holding off on because we haven’t got compliance from Council yet, that all has to be funded this year as well.
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• It is a dilemma that the SPCA wrestles with, in terms of cats having kittens around there because its first concern is about welfare in the broader spectrum. In terms of cats having kittens around there, what happens a lot and it’s still happening now, we are still getting cats delivered to us or abandoned to us that are pregnant and so we end up with cats and then their kittens in the shelter. There is a good turnover of animals that come in that we do get rehoused. Those figures I gave you, a lot of those are in shelters but a lot of them are also what we call “fosters”, which are outspread all over the network. The situation hasn’t arised in my time where we’ve had to look at the numbers are too high and we need to do something about those number in terms of euthanizing. What numbers I haven’t given you is numbers of sick animals that we’ve had to do something about, so to look at them and think that we have 400 animals there that have been there for quite some time is necessarily the case. There is a very steady turnover of incoming / outgoing so we can’t take that number in isolation like that. The numbers of staff that are there, also include a fulltime inspector, two ancillaries and a new full-time being trained at the moment. It includes one administration person and part-timers making them into full-timers as well. We also need supervisors on staff during the weekend and holidays because people have to take holidays, so we end up with the collection of what might appear quite a large number of staff but in essence we are all running around flat out and we could do with some more staff and volunteers. • We do have an extremely active desexing programme whereas for the cost of $35.00 we will give somebody that comes in that wants desexing done a voucher to go to a Vet to get it done. We can’t do it ourselves so we are subsiding quite heavily a number of cats for getting castrations and what have you. That just seems to be an increasing thing, we thought that with the season we might be on top of it and I made various comments along those lines but it just went ballistic. It’s an issue with regard to wild cats, and quite often we get cats that are not rehomeable and we do have to make hard decisions. There are numbers there of those hard decisions being made.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.40 Ray Fife – Bluff Community Board
In addition to his written submission, the submitter said that Bluff has a strong identity in heritage, fishing an oyster industry, strategic port, thousands of visitors each year, and a number of people from Invercargill walk through our doors.
In response to a question, the following answer was given:
• If I had to prioritise, I would look at finishing off the Stirling Point Reserve because of the fact that it’s not safe for pedestrians. We’ve probably rated a number of times and prioritised by the costings is the mowing of the Marine Parade, which will tidy that whole area off. I would be putting those as one and two and then the old Bluff Cemetery. I would like to think that we can get community groups together if the plants were provided to undertake the work of planting. The Bluff Skateboard Park is up for sale and if it was sold then there will be questions asked of what will happen there.
49 • We have to acknowledge that there has been a lot of money spent in Bluff and I understand that there are other areas in Invercargill that need money spent, but we still have to move forward in Bluff. • It has a lot of heritage, history and the areas going forward from now on is not going to be a big ask because most of the major work that needs to be completed in Bluff has been carried out. You are going through that process in Invercargill with the water upgrade, the pipes asbestos and the inner city upgrade so we’ve taken that into context and tried to keep our ask to a minimal level as well. • The 46 Degree South Group presented to the Board on Monday about the viability of a rest home in Bluff and I personally agree that it will be a long term plan thing. It’s not going to be easy, they have to try and find a provider because for the town itself to fund it will be impossible. We’ve got that much on to try and fund other areas, but it’s the whole process where maybe BUPA could undertake that task and build a retirement out there, it would be good but my understanding is that they take an existing building, do it up and then establish that as a retirement home. We have to speak to Council regarding Argyle Park and whether it can be used because it depends of what was agreed when we went into amalgamation.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.41 Wendy Joy Baker
In addition to her written submission, the submitter took the meeting through a display presentation to highlight key points in her submission.
In response to a question, the following answer was given:
• Your Animal Control Officers are the ones that should be asked about having muzzles for dogs but not all dogs need muzzles because some dogs are lovely. Our family had lovely dogs and I don’t think that should be something that the whole of Southland and Invercargill should have to do. There are some dogs that do need to be muzzled because they are dangerous and aggressive. • We have dog parks and sufficient areas where dogs can be exercised without leads. You have got some good stuff in your Bylaw but there needs to be more education and clearer signage. • I definitely believe that Councillors should lead by example when it comes to putting dogs on leads in places that they should be. • The email I sent hasn’t been replied to which is a complaint of 10 February that I made and I sent you and email about that in the last couple of days. The other one was about getting an email that’s concurred with my concerns about dogs not being controlled in Queens Park, which was in August letter last year. Since then there’s been an example of a dog that was in a rose garden that was uncontrolled around December / January. There could have been something more done and I got the impression from that email that it would be acted upon properly. When someone sends an email to the Councillors it would be good to get a reply saying that you’ve received the email. I know that the Mayor’s PA always sends me a response saying that the email has been referred to the Mayor.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
50 2.1.42 Bernadette Pope – Cornerstone Church
In addition to her written submission, the submitter tabled photos to highlight key points in her submission.
In response to a question, the following answer was given:
• We do charge for our Holiday Programme and after school care, which is subsidised by WINZ. We are a charitable trust group so we charge a small fee of $6.00 per hour and it’s less than that over the school holidays because we want to make it affordable and easy to use for the families. We are here to provide a good service for our community. • It would be great if it could be improved. About three to five years ago when we had 25 children I went to the Parks Manager and I asked how we could expand the playground and how we can help in some way. At the time she said that they decide on how much use the park gets by wear and tear. We would like the upgrade in the inner city sooner rather than later, even within the next three to five years would be great. • We’ve used the river for boat races and a raft races for our youth programmes by using recycled material. We are very mindful of the health and safety aspect of it for the children, so it could be developed further in that way. There are people from SIT and work places around that area who go there to eat their lunch and relax so it’s very handy to that inner city area. • The Otepuni does need a clean-up because it gets cloggy and sometimes you find trolleys or anything that people throw away. For a business side of thing we are trying to do our best to be helpful to our community. The Cornerstone has built an indoor play area but that doesn’t suffice the outdoor and fresh air and I realise there’s never enough money to go around, so I appreciate how expensive it is to provide a good health and safety playground.
At the conclusion of the submitters presentation and questions, His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
Note: His Worship the Mayor declared a conflict of interest and refrained from commenting.
2.1.43 Fred Waldron
In addition to his written submission, the submitter tabled photos, which showed the condition of the roads and footpaths in Invercargill that the Council needed to carry out work on. He also tabled a copy of his submission and took the meeting through it, copies of which are available from Secretarial Services.
In response to a question, the following answer was given:
• Those photos show you perfectly good kerbing channels torn out. I didn’t go on a public witch hunt to find any of this, except for the Queens Drive intersection is within a few 100 metres from where I live. Of the management structure, get some people out in the street, look at what they are supposed to managing and decide whether they are going to pay for it or not rather than us paying for us three times and still not be satisfactory. • When I was in upper Queens Drive there are marks on the brand new footpath already and it’s only been down for about six months.
51 • I’m very pleased that the umbrella is not going to be moved because it’s one of the best features for Invercargill.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.44 Paula Malcolm – Southland Playcentre Association
In addition to her written submission, the submitter tabled a flyer on the Makarewa Playcentre and took the meeting through key points in her submission.
In response to a question, the following answer was given:
• The Balfour Playcentre is on school land and they have a classroom that’s in the school and even though the school is growing, it can’t claim it back as theirs. Gore is planning to move into a kids hub that’s been built on Gore Council land and they came to an agreement about that land. • I know that from a playcentre parenting background and knowing what the playcentres are going through, for them to get the money to buy the land is a big ask If you try asking any playcentre to get the money than what we’re getting for something that’s something that been part of them for 34 years, the parents are very busy parents and it’s a very busy life being playcentre parent. Lots of those parents are part-time working parents as well or full time workers so they come in and do what they can. • There have probably been about 50 submissions about this one piece of land and it’s definitely being used according to your management regulations for educational purposes. • The parents run it for the community so they open for as many days they can manage it. There are some playcentres in Southland that are open four days a week because it’s a voluntary organisation and parents are required to run it. • The qualification to run a playcentre requires someone to have the minimum qualification of Courses 1 to 3. I’ve done Course 4 and I’m working on Course 5 at the moment. I believe that the parents are the first teachers of their children so some playcentres if they haven’t got parents who haven’t done the training will hire someone who has done Course 3 or above to meet the Ministry requirements.
His Worship the Mayor thanked the submitter for her submission and taking the time to present to Council.
2.1.45 Stephen Canny – Venture Southland
In addition to his written submission, the submitter took the meeting through a PowerPoint Presentation, copies of which are available from Secretarial Services.
In response to a question, the following answer was given:
• Strangely enough coal is playing a very significant part in keeping our subterranean waters in good condition. While we have the liquid fuels information we don’t really know the full depth of all the magnitude of the coal seams. This survey will determine that and likewise it will determine significant accuracy, the depth of the silica reserves in Southland and other mineral service.
52 What we’re saying now and by and large is they exist and it’s good to get good knowledge around it but it’s our water system that are value in this proposition. • The challenge is that water is your big risk and the provision of water for Invercargill comes from other sources. If this work provides an opportunity to better define and utilise our water resources, it has a benefit for the whole region. The productive capacity of the land will be likewise. One of the major benefits in Invercargill is that if we understand the seismic risk in Invercargill, then there is the possibility of having a special dispensation which would allow building owners not to meet the critical standards associated with current seismic risk and design standards. Our risk in New Zealand isn’t equal in terms of earthquake and other events so there needs to be some commonsense associated with some of the decision making and investment around this. This is a positive move forward. This is our one and only chance to have a subsidised offering for electro-magnetic without having any of the establishment or any of the mobilisation costs. We accept that the timing isn’t perfect but by and large it’s a critical decision for Council. • The reality is there will be some early field knowledge. The reason that the timing is as it is, will allow local contribution to be gathered over two financial years to ease the burden. If local councils were able to underwrite the funds then it could happen this coming summer. • There have been some aerial and seismic work carried out mainly around minerals. There’s been some work in the way of basin, there’s offshore work which we know about. There’s also been some work on the Tiwai Peninsula area, that’s why it’s not covered here, simply because that will become public domain very shortly. There’s no point paying for areas that’s already been covered. All this data will be analysed alongside existing data’s, so it doesn’t mean it’s been duplicated, it means it provides the complete data set on the same basis. • The data will be owned by the stakeholders, essentially it’s owned by the councils. This is a classic project requiring strong leadership and it’s one of these projects that will provide enduring information. Topic climate was undertaken over 20 years ago and every major decision is made on land use based on that kind of information. If you look internationally, this is routinely tackled now and this is another opportunity for Council and Southland to take lead. • The reality is, how do you come up with an equitable solution that provides benefits for all parties? It’s not easy but I have to say that there’s quite positive feedback so far. We are hopeful that over the next fortnight to three weeks it will be all governised into a go forward plan. When you look at the benefits it’s much better to have a much wide coverage because systems are linked. We have identified in Invercargill a potential water source but there’s no way of understanding the nature and magnitude of that source until you do this kind of work.
His Worship the Mayor thanked the submitter for his submission and taking the time to present to Council.
2.1.46 Brendon McDermott and Vanessa Hughey – Sport Southland
In addition to their written submission, the submitters took the meeting through key points in their submission.
53 In response to a question, the following answer was given:
• Every one of our young people from 5 to 12 years is heavily subsidised, which are primary school age children. • It’s a great example of that collaboration partnership that together we can achieve some health incomes for our community. • In the past something that’s come out of that collaboration piece is we haven’t talked enough. I know that Council does have a Sport and Recreation Strategy from 1998, which is a very long time ago and times have changed. Things have moved on and it’s a different environment that we’re living in so it’s time to get around the table and look at that regionally. It’s also clarity in finding out what those priorities are. We are absolutely happy to take a lead role on something like that but we definitely need the councils around the table. • We are working through impact of the Health and Safety Act for volunteers, especially with Sport New Zealand. We will be making some submissions around that. I think that will fall out of the Sport and Recreation Plan, we need to be thinking of our volunteers. • There’s a whole range of information coming out produced by Sport New Zealand and other agencies and we want to take that information and share it better. We want to get the insights from all that information, layer them up and say what’s important, what the insights you can take from this information here and now and moving forward in terms of trends. • We are prepared on behalf of TLAs to facilitate this strategy and it’s not just a drive from us at a regional level, but it’s also a drive from a national level from Sport New Zealand. They are putting resources into it now and they have two full-time FTEs working on spaces and places, for example around facilities and there’s a closer in linement there with TLAs.
His Worship the Mayor thanked the submitter for their submission and taking the time to present to Council.
Moved Cr Boniface, seconded Cr Abbott and RESOLVED that the late submissions be received and considered by Council.
There being no further business, the meeting finished at 10.30 am.
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54 MINUTES OF A MEETING OF THE BLUFF COMMUNITY BOARD HELD IN THE BLUFF MUNICIPAL CHAMBERS, GORE STREET, BLUFF ON MONDAY 25 MAY 2015 AT 7.00 PM
PRESENT: Mr R Fife (Chair) Mrs W Glassey Mrs G Henderson Mr G A Laidlaw Mrs P Young Cr I L Esler
IN ATTENDANCE: Mrs N Allan – Service Centre Manager Mr A Murray – Water Manager Ms L Kuresa – Committee Secretary
1. APOLOGY
Nil.
2. PUBLIC FORUM
46 Degree South Group
The submitters tabled their presentation with regard to having a rest home in Bluff, and took the meeting through it.
In response to questions, the following answers were given:
1. We were aiming for around 20 beds but after speaking to the lady from BUPA she was talking about over 40 beds. We need to discuss it with the providers and come with a final decision on the number of beds we need. 2. I don’t see any problems with the camping grounds being there. There is still enough room for the residential home so I don’t believe anything needs to be moved for this project. It would be good to keep the ground there for the kids to play, which is nice for the residents to watch. 3. It’s hard work when you don’t know what you’re doing but things are possible in Bluff that we’ve never dreamt of. If we don’t have any luck in the first instance then we may have to call another town meeting to look at how we can go forward with this. 4. We’ve got the numbers to fill a residential home in Bluff and they are around the same numbers as Riverton, which is a positive thing. From the feasibility study it definitely shows that the need and support in Bluff is there and if we can get the section it might make the package easier for us to approach one of the providers. Even though it will be a provider running it, it’s for the Bluff residents. 5. The idea is to keep families together and to make it easier for families to visit their parents / grandparents on a daily basis, rather than once a month or when they can get into town.
The Chairman thanked the Group for their presentation and said the Board would discuss the matter with Council to clarify the process going forward.
55 3. MINUTES OF THE MEETING HELD ON 13 APRIL 2015
Moved G Henderson, seconded W Glassey and RESOLVED that the minutes be accepted as a true and correct record.
4. MATTERS ARISING
4.1 Historic Buildings
Cr Esler tabled more information on this matter and took the meeting through it. He suggested the Board support an application for two historic buildings to go to Heritage New Zealand. The two he suggested were the Signal Station at the end of Bluff Road and the Ship Graveyard at Green Point.
The Board discussed the matter further and agreed that Cr Esler would speak to Mrs Gare about progressing this matter and report back at the next meeting.
5. REPORT OF THE BLUFF PUBLICITY/PROMOTIONS OFFICER
The report had been circulated. The Chairman informed the meeting that Mr Beer had put in an apology as he had other commitments.
5.1 Bluff Oyster and Food Festival – 23 May 2015
5.2 Kayes Bakery Creativity Awards – 22 May 2015
5.3 Bluff Family Gala Weekend – Saturday 18 and Sunday 19 April 2015
5.4 Bluff Central
5.5 Miscellaneous
Moved G Henderson, seconded G Laidlaw and RESOLVED that the report be received.
6. REPORT OF THE DIRECOR OF WORKS AND SERVICES
6.1 Bluff Tour of Inspection
The report had been circulated.
The Chairman said over the weekend a couple had commented that the last time they were in Bluff it was looking dull, scruffy and grey but Bluff was now looking better and brighter. There were other areas where the town could be improved, which was all work in progress.
Moved P Young, seconded Cr Esler and RESOLVED that the report be received.
56 6.2 Bluff Water Distribution Project
The report was tabled and Mr Murray took the meeting through it.
Moved W Glassey, seconded G Laidlaw that the report be received.
In response to questions, the following answers were given:
1. We can’t start work on the Hill Reservoir until the water distribution system has been rebuilt. 2. There have been attempts to repair it over longer periods of time but they have never been successful because the tank is full of water, so the only real way to do is to take it out of service. 3. There is probably a small number of piping upgrades that need to be done and even beyond that, once we’ve got this particular project finished, there will be other improvements that we need to make in the system as a whole. The Bluff township water distribution system is characterised by a lot of undersized galvanised iron pipes which are prone to corrosion. We have rebuilt the skeleton main distribution large diameter mains so that it’s a sufficient size to support two zone systems and once we get that in place we can peg back all the other minor imperfections. It will take some years to address the matter. 4. The replacement material for galvanised pipes is polyethylene pipes. The life expectancy is around 80 years.
The Chairperson said it was great to see a timeline in place for this work now and the Board was looking forward to the commissioning of the two zone reservoir pressure network.
The motion, now being put, was RESOLVED in the affirmative.
7. CHAIRMAN’S REPORT
The report was tabled and the Chairperson took the meeting through it.
7.1 2015 – 2025 Long Term Plan
The Chairman tabled a copy of the Board’s submission to the Council Long Term Plan and took the meeting through it.
Moved R Fife, seconded W Glassey and RESOLVED that the Bluff Community Board submission to the 2015 – 2025 Long Term Plan be adopted.
7.2 Representation Review
The Chairman said this review was now being carried out by Council. He took the meeting through the “Voice Your Choice” Representation Review Document. He said the Board should put a submission in that it supports the current status quo with regard to how Councillors were elected at large and that there was a need for community boards, in particular the Bluff Community Board. He got the feeling from a lot of people in the community that the Board was their voice.
57 7.3 Community Boards Conference 2015
The Chairman said that he, P Young and G Henderson attended this Conference and learnt a lot from it. They heard a lot of guest speakers, who were inspiring and motivated. It gave them a chance to network and talk to other community boards. He learnt that there were no two community boards the same.
The Chairman, Mrs Young and Ms Henderson took the meeting through key points of the workshops they attended and found interesting. They thanked the Board for the opportunity to attend the Conference and said it was a worthwhile experience.
7.4 Bluff Oyster and Seafood Festival
The Chairman informed the meeting that the new venue for the Bluff Oyster and Seafood Festival was a success and something Bluff should be proud of. The Board acknowledged the work carried out by all volunteers and – they agreed to send a congratulatory letter on the Board’s behalf
7.5 Bluff 2024 Rejuvenation
The Chairman informed the meeting that the Bluff 2024 Rejuvenation opening was held last week and it was a great event. The signage was sourced locally and the Board would send them a letter of thanks on a job well done.
7.6 Proposed Invercargill City District Plan 2013
The Chairman informed meeting that the previous Board had put in a submission to the Proposed Invercargill City District Plan 2013, and he took the meeting through it. He said Mr Laidlaw would be speaking to the submission on 8 and 9 June.
7.7 Rat Infested Derelict House
The Chairman read a letter from Paul Young with regard to 0A Raymond Street, Bluff. It stated that there was an infestation of rats at this address and he could not understand why the Council had not demolished it. This had been going on for years and a neighbour was also having issues with rats.
The Board discussed the matter further and agreed that the matter would be referred to Simon Tonkin at Council.
Moved R Fife, seconded W Glassey and RESOLVED that the report be received.
8. FINANCIAL STATEMENTS
The report had been circulated.
Moved G Henderson, seconded W Glassey and RESOLVED that the report be received.
58 9. URGENT BUSINESS
9.1 Bluff Oyster and Seafood Festival
G Henderson said a lot of overseas tourists who attended the Bluff Oyster and Seafood Festival found it hard to access money due to the fact that there were no EFTPOS machines that used foreign cards.
The Board discussed the matter further and agreed that in future it could be advertised on the tickets to bring cash or take money out in Invercargill. Mrs Allan also clarified that this issue had been going on for years and there was no facility in Bluff to warrant having an ATM machine as there was not enough foot traffic.
10. PUBLIC EXCLUDED SESSION
Moved P Young, seconded Cr Esler and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:
Confirmation of Minutes of the Public Excluded Session of the Bluff Community Board 13 April 2015
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
General subject of Reason for passing Ground(s) under each matter to be this resolution in Section 48(1) for the considered relation to each matter passing of this resolution
Bluff Community Enable any local Section 7(2)(i) Board Minutes – 13 authority holding the April 2015 information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
Protect the privacy of Section 7(2)(a) natural persons, including that of deceased natural persons
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59 60 MINUTES OF A MEETING OF THE COMMUNITY SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON MONDAY 2 JUNE 2015 AT 4.00 PM
PRESENT: His Worship the Mayor Mr T R Shadbolt (from 4.03 pm) Cr R L Abbott (Chair) Cr P W Kett (Deputy Chair) Cr R R Amundsen Cr N D Boniface Cr I L Esler Cr G D Lewis Cr R Currie – Environment Southland
IN ATTENDANCE: Cr D J Ludlow Cr L S Thomas Mr C A McIntosh – Director of Works and Services Mr R Pearson – Manager Roading Mr P Thompson– Manager Pools Mr S Ridden – Manager Corporate Services Mr P Horner – Museum and Assets Manager Ms M Napper – Community Development Manager Ms C Smith – Manager Customer Services – Library Miss K Graber – Policy and Planning Analyst Ms L Kuresa – Committee Secretary
1. APOLOGIES
His Worship the Mayor Mr T R Shadbolt for lateness.
Moved Cr Boniface, seconded Cr Kett and RESOLVED that the apology be accepted.
2. PUBLIC FORUM
Nil.
3. MONITORING OF SERVICE PERFORMANCE
The report had been circulated.
3.1 Levels of Service
3.1.1 Community Development
3.1.2 Passenger Transport
3.1.3 Pools
3.1.4 Libraries and Archives
3.1.5 Housing Care Services
61 Note: His Worship the Mayor joined the meeting at 4.03 pm.
In response to questions, the following answers were given:
1. The transport figures that you see are up to the end of April. I do have May’s numbers, which were processed today but they are not in the report. 2. We are seeing a reasonable drop in passenger numbers across the whole of this calendar year and it’s one of the things that Council and Go Bus are continuing to discuss about how we can address it. We are seeing a decrease in adult numbers, which is an area where there is a decline, including May as well. 3. The numbers that we have for children using the school buses are reasonably similar. The super gold and senior citizen numbers are continuing to be reasonably similar across the years but there’s definitely a decrease in the adult numbers. Part of what I attribute that to is that there has been a drop in the cost of petrol, which tends to make people use their vehicles. I know petrol prices have increased again but we are certainly seeing fewer people using the buses at the moment. 4. A survey was undertaken in November last year and it’s quite difficult to establish who is not using the buses. We can take a look at where those routes are and whether it’s not convenient for them but we need to increase some of the initiatives that we have for the buses. It’s a difficult phenomenon to understand where our next customer is coming from and how we can attract them. We also need to try and remove the barriers for people to use the buses but the cost of carparking in Invercargill is not an enabler because it’s so cheap. 5. The Housing Care surplus is accumulated in a reserve account and could be used to pay off debt. The debt at present is $293,000. I recall when I first came into Housing Care area in 2007, we had $105,000 of loss for the year and the only place that can come from was from the reserve account. Without saying how we’ve managed it over the last few years, we have accumulated the surpluses in the $20,000 to $40,000 region each year, which has built up. Part of that is because we’ve had some good Housing Support Officers who have maintained their occupancy greater than 95% level, which we budgeted.
Cr Abbott said at a previous meeting the proposal to establish a Sub-Committee to look at elderly housing was discussed. He also asked Councillors for their ideas to be tabled and no formal resolution on the Committee was passed. Cr Boniface had forwarded a précis of some informal discussions they had along with an expansion of his ideas and thoughts but the discussions had been held informally. He had researched his ideas of shared community living, for example mixed aged and rentals in a one house complex. There was not a lot of information available but in Australia and England, commercial operators existed who operate a similar scheme albeit with commercial returns and others under recognised charity trusts. Indicators were that the rentals were substantive and unaffordable for the elderly. Onsite care services were provided in some instances. He said in Scandinavia, complexes ran successfully with onsite trainee nurses and doctors provided free accommodation in return for basic care needs. While the complexes survived on a rate of commercial return it was not to say that the basic concept or idea could not be rejigged or adapted to suit local needs.
62 Cr Abbott said that Cr Boniface had suggested reports from Mr Johnston, Mr Ridden and Mr Horner, which he agreed to but prior to the reports, the Committee needed to make a formal resolution to form a Sub-Committee of Cr Boniface, Cr Kett and himself to collate, source and investigate potential changes to the Housing Care portfolio. This would also mean obtaining the pertinent reports and bringing the matter back to this Committee for discussion and a resolution, going forward.
Moved Cr Abbott, seconded Cr Esler and RESOLVED that a Sub-Committee of His Worship the Mayor, Cr Boniface, Cr Abbott and Cr Kett be formed to investigate potential changes to the Housing Care portfolio.
Moved Cr Lewis, seconded Cr Amundsen and RESOLVED that the report be received.
4. MONITORING OF FINANCIAL PERFORMANCE
The report had been circulated.
4.1 Community Development
4.2 Housing Care
4.3 Library and Archives
4.4 Passenger Transport
4.5 Pools
4.6 Financial Summary
Moved Cr Lewis, seconded Cr Amundsen and RESOLVED that the report be received.
5. OTHER BUSINESS
The report had been circulated.
5.1 Report of the Chief Executive
5.1.1 Community Development Projects
Moved Cr Boniface, seconded Cr Amundsen that the report be received.
His Worship the Mayor said the Rugby Park Open Day was good but not many people turned up, and over the weekend there was a huge turn-out for the Highlanders and Chiefs game. He said everyone involved did well financially even though there were a lot of doubts expressed about whether Council would have the ability to run a park like that, especially the prospect of making money out of it. An outdoor venue like Rugby Park created a different dynamic and the Highlanders would not have won by as much if there had been a more prestige or environment created in Dunedin. He said the fact that it was misty and the ball was slippery made it difficult for teams that were not used to those conditions. It was great that Council had played a role in keeping the venue as a reserve and for local people to see rugby in action.
63 Cr Abbott informed the meeting of a couple of amendments to the Child, Youth and Family Friendly minutes.
The motion, now being put, was RESOLVED in the affirmative with amendments to the Child, Youth and Family Friendly minutes as discussed.
5.2 Report of the Director of Works and Services
5.2.1 Real Time Bus Tracking Information
Mr Pearson took the meeting through a PowerPoint Presentation.
In response to questions, the following answers were given:
1. For the number of routes we have and the frequency of the buses, we would not be able to invest heavily in providing each stop with lighting boxes and equipment for it. 2. There are three lighting boxes around Invercargill. There’s one at Windsor, Tramway Road and one in front of Reading Cinemas. It works on a very similar technology but it just tells you how many minutes there are before the bus arrives. 3. It’s relatively low cost and for commercial sensitivity the supplier has asked us not to declare the cost. It’s a low cost solution and it’s a cost that provides all of the hardware on the bus as well. Council pays a monthly fee that’s very cost effective.
Moved Cr Kett, seconded Cr Amundsen and RESOLVED that the report be received.
6. URGENT BUSINESS
Nil.
There being no further business the meeting closed at 4.30 pm.
∗∗∗∗∗∗∗∗∗∗
64 MINUTES OF A MEETING OF THE REGULATORY SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET INVERCARGILL ON TUESDAY 3 JUNE 2015 AT 3.00 PM
PRESENT: Cr D J Ludlow – Chairperson Cr K F Arnold – Deputy Chairperson Cr R R Amundsen Cr A G Dennis Cr I R Pottinger (from 3.23 pm) Cr G J Sycamore
IN ATTENDANCE: Cr N D Boniface (from 4.42 pm) Mrs P M Gare – Director of Environmental and Planning Services Mr J Youngson – Manager – Environmental Health and Compliance Ms J Lambeth – Team Leader – Compliance Miss K Graber – Policy and Planning Analyst Ms L Kuresa – Committee Secretary
1. APOLOGIES
His Worship the Mayor, Mr T R Shadbolt and Cr I R Pottinger for lateness.
Moved Cr Arnold, seconded Cr Amundsen and RESOLVED that the apologies be accepted.
2. REPORT OF THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES
The report had been circulated.
2.1 Hearing of Submissions to the Proposed Bylaw 2015/1 – Dog Control and Proposed Dog Control Policy
Cr Ludlow took the meeting through the Hearing Process for submitters’ information.
2.1.1 Colin Bishop
In addition to his written submission, the submitter took the meeting through key points in his submission and said his main concern was the definition of a “wandering dog” and he wanted it clarified in the Policy.
In response to questions, the following answers were given:
1. With regard to unimpeded access it depends how it is defined. My dog will bark at someone and that’s all he’ll do, is that then impeded or not? I would feel confident walking into someone’s property if a dog looked friendly, but I’m confident around dogs anyway. 2. I whistle to my dog and he will come back to me but not all dogs are under good control. There’s scope for having dog/puppy training as essential, especially for some of those more aggressive breeds.
65 If a dog has gone through a series of those trainings at the owner’s cost there could be a reduction in the fees annually if the owner can prove that his/her dog is under good control. 3. Even though the dog may have reached the level that it was under good control at some stage but if you slackened off on the training then they won’t stay at that level. The training has to be ongoing.
Cr Ludlow thanked the submitter for his submission and taking the time to present to Council.
2.1.2 Dr Sandy Cooper
In addition to her written submission, the submitter said she was in favour of the proposed changes within the draft Policy, except for the unimpeded access to dwellings because that statement needed to be less ambiguous so that it makes sense.
In response to questions, the following answers were given:
1. I don’t have a front door, I have sliding doors but I’ve had to put a keypad on the gate because people were letting the dogs out. 2. When I looked at this Policy, if you’re talking about a door, the only way I can comply is if the Animal Control Officer was given the keypad numbers. We had some problems with the gate getting blown open and people leaving the gate open and I live on a busy street and I don’t want the dogs to get out. 3. My family has the digits to the keypad if I’m not home and my friends text or ring me if they are coming around. 4. As I said before, if the Animal Control Officers do want access I can give them the keypad number or the code to the padlock, but I know that my dogs are safe because of the system I have in place.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
2.1.3 Peter Dunne
In addition to the written submission, the submitter gave an overview of the New Zealand Kennel Club regarding education. He applauded Council for its interaction today and in particular meeting with members of the Southland Kennel Association. He also applauded the amendments already made to the Policy.
Note: Cr Pottinger joined the meeting at 3.23 pm.
In response to questions, the following answers were given:
1. Around responsible dog ownership we do believe there should be a discount for club members, it’s these people’s passion. The Southland Kennel Club is about responsible dog ownership and that’s where the push is if you are a member. It applies in some councils throughout New Zealand, if you are a New Zealand Kennel Club member you do get discounts based on that. Generally, our people are responsible and there’s a very small minority that we would rather not have as members. I’m not going to sit here and say they are all perfect citizens. If they transgress, they should be treated the same as everyone else.
66 2. We would look to work with anyone involved with dogs. We are looking closely at working with NZDA in some programmes and definitely the SPCA. We don’t agree with certain organisations in some things they do because we have different opinions but there are some areas where we have common interest, common beliefs. 3. I’ve clearly stated that our people are not commercial breeders. Some of our members will be involved with commercial breeders and it’s been on Campbell Live in terms of puppy funds. This year we are looking at making mandatory controls around breeding in terms of the age of the bitch, minimum/maximum age, number of litters from a bitch. Our members are required to register every puppy so we can make a distinction between our breeders and other breeders. 4. I am here to speak on behalf of our members who in my mind are responsible dog owners and largely there would be no problems with their dogs. You have to sit there and raise a very valid question and then determine it so my view sitting here or sitting there will differ greatly. 5. There are so many councils so it’s very hard to get a grip on what everyone is doing in terms of fees. It would be good to have one blanket policy across the country. Generally having two dogs would be consistent from what I’ve seen. I’ve been involved with the Kennel Club for over two years and this is the first time I’ve been involved with the submission process side of things. We can’t be doing it at every council because we are trying to get an understanding. That’s why we are going to Local Government, to try and get a real feel for what’s happening around the country and where we can look to form partnerships to look at what’s happening in other council areas.
Cr Ludlow thanked the submitter for his submission and taking the time to present to Council.
2.1.4 Paul Carver
In addition to his written submission, the submitter stated he was a good dog owner who had good control of his dog. He suggested having an amnesty for unregistered dogs. He also tabled some information to support his submission and took the meeting through it.
Cr Ludlow thanked the submitter for his submission and taking the time to present to Council.
2.1.5 Stephen Hainstock
In addition to his written submission, the submitter said he had nothing new to add to his submission but was prepared to answer any questions with regard to it.
In response to questions, the following answers were given:
1. Part of the submission, particularly the process matters were by way of being a ratepayer in the city who wants to ensure that there is no procedural deficiency that will cause a later challenge to Council, which would cost ratepayers money. The statement that the Bylaw only applies to dogs, I’m not entirely sure it needs to be there. It potentially creates a bit of confusion. The Animal Welfare section on that is capitalised and I couldn’t find a definition for Animal Welfare in any of the other statues or in the Bylaw so perhaps that could be better phrased. I should also point out that the Dog Control Act itself specifically excludes bylaws from considering Animal Welfare, which may be a consideration.
67 2. From reading the Dog Control Act, the general flavour of that Act with regards of dogs in public places appears to be that effective control of dogs is expected and effective control can be by means of other than the leash such as by a whistle, hand command or voice command. That should be the default position in a public place with higher levels of control where society deems it appropriate. For example, dogs prohibited at gatherings for events is fair but in the areas where it’s important that a dog doesn’t momentarily get out of control by distraction or whatever reason, for example, walking on a footpath next to a carriageway where it could, in a moment dash out in front of a car. I understand the difficulties in drawing the line of where a dog requires a lead and where it doesn’t and why you have those difficulties. I used to be a dog Control Officer as well doing Policy and Planning. It’s also important that you don’t over-regulate to the point where people either choose not to have a dog who otherwise would have enjoyed the company of a dog because the regulatory environment is simply so restricted that they can’t have a dog in a reasonably free manner. The difficulty is having balance and one of the suggestions I made later in my submission was going to your Policy where it talks about responsible dog owners and standard dog owners is too vast with regards to fees. It could potentially apply to other areas of control, for example if a responsible dog owner was defined as somebody that passed a property inspection by one of your Officers and presented a certificate from the New Zealand Kennel Club that their dog has demonstrated appropriate skills and control then that responsible dog owner will get a special coloured tag with their normal dog tag that is valid until such time as the status might be revoked or the dog dies. If there were a problem that tag can be removed on the spot by a dog Control Officer and the owner could have 21 days to appeal or lose it for the year of registration period. The dog that’s had that tag or the owners of dogs who bear that tag will potentially have more freedom with regard to exercising their dog off-lead. 3. A line has to be drawn somewhere and the fact that the tag has been issued to the owner of the dog for the dog to wear indicates that there’s an increased likelihood of that dog having desired behaviours when it’s in public. 4. In general a dog that’s been in training with its owner in my experience will exhibit similar behaviours with other people that its owner has identified and approved to look after it. 5. A lot of the matters you’re raising with the difficulty at Donovan Park with regards to the pond or the adjacent sports ground already exist in the Council Bylaw and Policies. I have to make myself clear that with the suggestions I made, with the exception of the pond because I’m proposing that particular pond should be one where dogs are allowed to be uncontrolled for exactly the reasons you raise. It’s much simpler to have a sign saying, “dogs can be off lead here’, and for most domestic dogs that are confined most of time, particularly large breeds like the Labrador, when they are given the opportunity to run, that’s what they want to do. You can’t reason with a dog and say, you can run around as much as you want, but don’t go near that pond because it won’t happen.
Cr Ludlow thanked the submitter for his submission and taking the time to present to Council.
68 2.1.6 Eddie McKenzie (Luke McSoriley)
Mr McSoriley said he was speaking on behalf of Helen and Eddie McKenzie. He tabled a copy of the submission and took the meeting through it.
In response to a question from Cr Pottinger as to why the one metre rule was in place for placement of a kennel, Miss Graber said the rule was to avoid having conflict with neighbours. It was to create an alternative because sometimes people had issues with dogs where the kennel was next to the fence line or if the fence line was shared with a neighbour with children, you could be creating an issue. Council was asking that people leave the placement of new kennels one metre off the fence line to avoid having those issues.
In response to a question from Cr Pottinger as to whether that included a substantial solid fence that completely blocked what was on the other side of the fence, Miss Graber said that was why it was worded in the Policy that as long as it did not cause issues with the neighbours. If the fence was clearly adequate it should not cause problems.
In response to a question from Cr Ludlow that the Policy was talking about a kennel being set back one metre and not necessarily obligatory that there needed to be a fence in place, Miss Graber said it only refers to the shelter for the dog in a kennel situation. She said Section 7 was the control of dogs and Section 6 referred to the sheltering of the dog.
Cr Ludlow thanked Mr McSoriley for speaking on behalf of Mr and Mrs McKenzie and taking the time to present to Council.
2.1.7 Lawrence Parker
In addition to his written submission, the submitter said he opposed to the Dog Control Bylaw and the Dog Control Policy because they contradicted each other in places where a dog can be off a leash. He said he opposed parts of the Bylaw because he believed they were excessive and badly written, and he had set out his reasons in his written submission.
Cr Ludlow said to clarify, the construction of a Bylaw is a process whereby we utilised legal advice which was available readily in-house and some was based on existing legislation and bylaws elsewhere that had been tested.
In response to questions, the following answers were given:
1. With regard to Section 7.3, where is says “Authorised Officers must have a right to inspect any property to ensure a compliance with this Bylaw and may issue an infringement notice if the owner does not comply”. My understanding under the Dog Control Act, they must have good cause and that’s something that should be written into your Bylaw. 2. I think there’s been a mistake because it hasn’t been included in this schedule, so if you read the Bylaw as its written then I would be breaking the law for having my dog off the lead at the dog park.
69 In response to a question by Cr Ludlow as to whether Council had identified on the map places that dogs could be exercised off-lead, Miss Graber said it was included in Appendix 1 and it had been added in as a map showing off-lead areas.
Cr Ludlow thanked the submitter for his submission and taking the time to present to Council.
2.1.8 Dianne Tyssen (Donna Hailes)
Donna Hailes said she was speaking on behalf of Dianne Tyssen and David Legat, (Southland Kennel Association) submissions. She said the Southland Kennel Association was one of New Zealand’s strongest regional clubs and they had an excess of 100 local numbers in the Invercargill district as well as other members in the wider Southland district. She took the meeting through some key points in their submission, which were critical to their association with the breeding, showing and the welfare of dogs.
In response to questions, the following answers were given:
1. There is already a list of breeds that are not allowed in the New Zealand Kennels Club that are not to be bred from in this country and I’m sure it’s probably in the law. If someone decides it’s a dangerous breed at Local Government, who decides what breed they are? 2. It’s potentially subjective or populous.
Cr Ludlow thanked the submitter for speaking on behalf of Dianne Tyssen and David Legat and for taking the time to present to Council.
2.1.9 Sue Pinnow (Rudy Pinnow)
Rudy Pinnow said he was speaking on behalf of Sue Pinnow’s submission. He took the meeting through key points in the submission.
Cr Ludlow thanked Mr Pinnow for speaking on behalf of Sue Pinnow’s submission and taking the time to present to Council.
2.1.10 Juanita Bielecki-Knox
In addition to the written submission, the submitter said she was speaking to her daughter’s submission. Juanita Bielecki-Knox was present while her mother took the meeting through key points in her submission.
In response to questions, the following answers were given:
1. When you say “nuisance” there are such things as nuisance complaints too but I’m not here to address that. “Nuisance” is very loose and vague and it needs a dog advocate. Some people misinterpret dog behaviour and a lot of people who don’t have a dog or may be prejudiced simply by the sight or the behaviour or it or it could be that their little children are unsupervised and rushing towards a dog and that dog may snap. We are talking about uncontrolled situations and there’s many situations like this that occur in a controlled area such as a dog park where it’s not the dog, it’s the children who are unsupervised and we have to put our dogs on a lead. It’s so loose that it’s open to any interpretation and it could even be sweeping powers by Council just because a person feels intimidated. There are two sides to the story and the dog’s side has to be clearly and justly told.
70 2. We should apply facts and not hearsay and not people’s biased opinions but evidence without which you can’t condemn dogs. Common sense has to be in every part of every policy as well as facts. 3. Hopefully with enough people there may be a coming together of a meeting of minds of common sense that most people would agree on. 4. I think you have to take it seriously. We are very passionate and there’s a common thread amongst some of the submissions.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
2.1.11 Nikki Broad
In addition to her written submission, the submitter said she noticed in the Bylaw that there was no mention of dog signs.
In response to a question, the following answer was given:
1. We’ve always had that debate in our organisation in relation to having easy access to a property and it’s never been clear. Some people believe that it was the case and other people have said that it was turned down. I am aware from our new boss in Christchurch they have that in their Bylaw but obviously it’s not been enforced in Invercargill. It got some great disadvantages for a lot of people. I know in my house, unless I wanted to put up a dog fence right in front on my windows, I would have to put in another door because there’s only one door to my house.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
Note: Due to the Hearing being ahead of time, Cr Ludlow said he would suspend this part of the Hearing and carry on with the rest of Regulatory Services Committee meeting.
3. MONITORING OF SERVICE PERFORMANCE
3.1 Levels of Service
3.1.1 Animal Control
3.1.2 Building Consents
3.1.3 Compliance
3.1.4 Environmental Health
3.1.5 Resource Management
3.1.6 Valuation
Note: Cr Boniface joined the meeting at 4.42 pm.
Moved Cr Ludlow, seconded Cr Arnold that the report be received.
Ms Lambeth took the meeting through the Animal Control Services report.
71 In response to questions, the following answers were given:
1. Patrolling Queens Park is a combined approach with the Park Rangers. We’ve been doing it at different times and there are specific times that we meet up with the Park Rangers Patrols are not just Queens Park but also Seaward Bush, Sandy Point and Oreti Beach. 2. It’s more about educating people about having dogs on leads. As soon as people are approached by Animal Control Officers they know and they will quickly walk away. We carry a supply of leads as well because some people don’t have leads. It’s about differing the times. 3. Staff are in uniform but they don’t wear their vests when they are patrolling. 4. Mrs Gare said in Ms Broad’s submission it said, “ICC has in recent years gained the new dog pound, put a third vehicle on the road and tightened enforcement. Only five years ago, I was reporting roaming dogs one to three times per week in parts of the city. I do not see those numbers now. Some may think that one to three is an understatement, so congratulations on these measures and further extension of the Dog Control Policy”. We are beginning to get feedback from members of the community that they are seeing a change. 5. It’s one of those things that if people don’t want more complaints but I want more complaints because it means people have faith that we are going to do something about it.
The motion, now being put, was RESOLVED in the affirmative.
4. MONITORING OF FINANCIAL PERFORMANCE
The report had been circulated.
4.1 Directorate Overview
4.1.1 Administration
4.1.2 Animal Services
4.1.3 Environmental Health
4.1.4 Licensing Inspector
4.1.5 Compliance (Parking)
4.1.6 Building
4.1.7 Resource Management
4.1.8 Valuation
4.1.9 District Licensing Committee
4.1.10 Financial Summary
Moved Cr Arnold, seconded Cr Dennis and RESOLVED that the report be received.
Note: Hearing of Submissions to the Proposed Bylaw 2015/1 – Dog Control and Proposed Dog Control Policy resumed at this time.
72 2.1.12 Wendy Joy Baker
In addition to her written submission, the submitter tabled a copy of her submission and took the meeting through
In response to questions, the following answers were given:
1. You have to have a selection of signage to cater for everyone because some people are visual and they like the pictorial thing and some people prefer words. People have different ways of comprehending things. The signage in Queens Park is tiny and if you’re looking at them from afar they are not readable, especially if you’re a tourist or someone from out of town. I understand you want to keep Queens Park looking its best and you don’t want it to be intrusive with signage but there comes a point and time that you need to look at the safety issues. 2. The photo I showed last week was a cluster of signs so it means that you’re seeing a lot of information at once so you need something separate. I know in the playgrounds in Queens Park there’s a “No Dogs” sign but there is no signage like that where the Castle is. I have seen dogs around that area and it’s a popular area for the kids. It would also be good to have some within the park especially around the fitness area to remind people. 3. It’s just people walking the tracks around the fitness track. I spoke to a lady yesterday who had three dogs and she had come across dogs that were off lead at Queens Park and the dog owners are scared of them too.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
2.1.13 Carol Jasperse
In addition to her written submission, the submitter took the meeting through key points in her submission.
In response to questions, the following answers were given:
1. Some people have given a dog breed label that’s not correct and through DNA testing you can specifically say what breed it is as opposed to assuming what breed it is. There are different breeds that can look different within a breed. 2. It’s a concern that given that it’s noted in the Policy that an Officer is only there to inspect the outer areas of a property. If there is a situation that’s not a good situation it can turn bad very bad. A house is a person’s personal space.
In response to a question by Cr Pottinger if Animal Control Officers were allowed into someone’s house for an inspection, Miss Graber said a definition of “property” had been added in the Policy because the Officers were not allowed in a person’s house. The Officers are only there to inspect the outer area such as the fence perimeter.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
2.1.14 Elizabeth Miller
In addition to her written submission, the submitter took the meeting through the key points in her submission.
73 In response to a question, the following answer was given:
1. Dogs can be under control and not necessarily be on a leash. I would never let my dogs out without being on a leash for their own safety as well as others.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
2.1.15 Nina Mills
In addition to her written submission, the submitter took the meeting through key points in her submission.
Cr Ludlow thanked the submitter for her submission and taking the time to present to Council.
5. ACTIVITY PLAN REVIEW
N/A.
6. DEVELOPMENT OF POLICIES/BYLAWS
N/A.
7. OTHER BUSINESS
7.1 Report of the Director of Environmental and Planning Services
7.1.1 New Gambling Policies
The report had been circulated and Miss Graber took the meeting though it.
Moved Cr Ludlow, seconded Cr Amundsen that the report be received;
AND THAT
The draft policies as amended are adopted for public consultation.
In response to questions, the following answers were given:
1. Once this document is adopted by Council we are going to try and get this through by July so I would like to put this out for submission after the next Council meeting on 16 June. Submissions will need to be open for 30 days. 2. The maximum number of machines at a premise is 25, for existing venues so you wouldn’t be able to merge and go beyond 25. 3. In doing inspections, Bernadette Kean who carries out the inspections has spoken to the establishment in Bluff. The Golden Age is going to get rid of its machines once the renewal comes up because they are not cost effective. They will not be renewing their lease. We did do key stakeholder meetings before we put this together inviting both establishments that own licensed premises for gambling and people who are in the public, the feedback was that it’s not an issue for them. 4. It’s a legislative requirement that it’s reviewed every three years.
74 5. We can only create a policy around what legislatively we’re allowed to.
Cr Sycamore was concerned that some submissions received could be from concerned ratepayers saying that we are not ensuring the TAB is doing anything for the community. If that was the case that it was not applicable, then it should not be in the Policy.
Miss Graber said it did not have to be in the Policy and it could be removed before the document was put before Council.
Moved Cr Sycamore, seconded Cr Arnold and RESOLVED that an amendment be added to the recommendation that some of the wording around community funds from TAB be removed from the TAB Policy.
With the permission of the mover and seconder, the recommendation now read:
Moved Cr Ludlow, seconded Cr Amundsen and RESOLVED that the report be received;
AND THAT
The draft policies are adopted for public consultation;
AND THAT
Some of the wording around community funds from TAB be removed from the TAB Policy.
Note: Cr Dennis abstained from voting.
7.1.2 Earthquake Strengthening Rules
Moved Cr Arnold, seconded Cr Pottinger that the report be received.
In response to questions, the following answers were given:
1. The zoning aspect is what they are looking at again. Parts of Southland District are on the high but there’s nothing on the low, but I’m not sure where that boundary is. 2. We have carried out a survey of city centre people to get their opinions. We felt it was best to wait until the regulations come in so that we know exactly what our responsibilities are. There’s been a lot of talk about 67% and whether that should be the standard but what might be useful is for Council to have a conversation about its own buildings and if it was going to strengthen them, what would it strengthen them to? That may create some leadership in the community. We have agreed with Southland District Council and Gore District Council to develop a joint policy so that we’ve got consistency across Southland. The motion, now being put, was RESOLVED in the affirmative.
7.1.3 Proposed Road Name for a Private Right of Way
Moved Cr Arnold, seconded Cr Amundsen and RESOLVED that the proposed right of way be name Kennedy Way as it is the developer’s submitted name and meets Council’s naming convention.
7.1.4 Proposed Bylaw 2015/1 – Dog Control and Proposed Dog Control Policy
75
The Committee went through the Policy for clarification and made amendments to the document.
Moved Cr Ludlow, seconded Cr Amundsen and RESOLVED that the submissions be received and considered;
AND THAT
The following changes be made to the Dog Control Bylaw:
1. Definitions – Property means a piece of land or real estate. 2. Shelter for Dogs – Paragraph 2 listed as 6.2. 3. Change 6.2 to: “No owner of any dog shall keep it on any premises in any kennel or place of confinement, other than a dwelling, any part of which is nearer than one metre to any boundary of those premises. Exceptions will apply to properties that are too small to accommodate this, or an existing kennel is already in place and does not cause a nuisance to neighbouring properties”. 4. Controls of Dogs, 7.1 – Add, “with the exception of active working dogs”. 5. Change Control of Dogs, Section 7.2.1: “Dogs on property zoned urban or rural residential must not be allowed to intimidate the general public through charging or intimidation of any passers-by or neighbouring properties. Dogs must be confined to a space that provides adequate area for exercise and movement. This area shall be fully fenced.” 6. Control of Dogs Section 7.2.2 – Remove. 7. Control of Dogs Section 7.3 – Remove word “Authorised”. 8. Impounding of Dogs – Section 12.1 – Remove the word “Authorised”. 9. Dogs in Vehicles – Section 9.1 – Add, “with the exception of active working dogs”. 10. Leash Control Area Selection – Section 18 – Add 18.1 to first line and 18.2 to second paragraph. 11. Non -Designated Dog Areas – Section 19 – Add 19.1 to second paragraph. 12. Include Appendix 1 – Map of Dog on Lead areas.
AND THAT
The following changes to the Dog Control Policy be made: • Micro-Chipping – Add, “All dogs registered for the first time as of July 2006 with the exception of working dogs must be micro-chipped;
AND THAT
This updated Policy and Bylaw be adopted by Council on 16 June 2015.
8. URGENT BUSINESS
Nil.
There being no further business, the meeting finished at 6.40 pm.
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76 MINUTES OF A MEETING OF THE INFRASTRUCTURE AND SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON MONDAY 8 JUNE 2015 AT 4.00 PM
PRESENT: His Worship the Mayor Mr T R Shadbolt (from 4.03 pm) Cr L S Thomas – Chairperson Cr K F Arnold Cr A G Dennis Cr I L Esler (from 4.20 pm) Cr P W Kett
IN ATTENDANCE: Cr N D Boniface Cr R L Abbott (from 4.11 pm) Mr C A McIntosh – Director of Works and Services Mr R Pearson – Roading Manager Mr R Pagan – Parks Manager Mr P Horner – Building Assets Manager Mr M Loan – Drainage Manager Mr A Murray – Water Manager Mr R Keen - Three Waters Operations Manager Ms L Kuresa – Committee Secretary
1. APOLOGIES
Cr I R Pottinger, His Worship the Mayor Mr T R Shadbolt and Cr I L Esler for lateness.
Moved Cr Kett, seconded Cr Arnold and RESOLVED that the apology be accepted.
2. PUBLIC FORUM
Nil.
3. MONITORING OF SERVICE PERFORMANCE
The report had been circulated.
3.1 Levels of Service
3.1.1 Parks and Reserves
3.1.2 Public Toilets
3.1.3 Roading
3.1.4 Sewerage
3.1.5 Solid Waste Management
3.1.6 Stormwater
77 3.1.7 Water Supply Activity
Note: His Worship the Mayor joined the meeting at 4.03 pm.
In response to a question by Cr Dennis as to the status of the Queens Park Cricket ground drainage, Mr Pagan said it had gone on longer than expected and the money had been carried forward from last year to this year to complete it. There were drains every ten metres and it gave the ability to carry out drain ploughing between the drains, which would improve the drainage. The run off would be carried out a lot quicker and there were allowances in places to rapidly get the water directly into the drains. He said it was still dependent on having good weather as well for it to be 100% successful.
Moved Cr Arnold, seconded Cr Kett and RESOLVED that the report be received.
4. MONITORING OF FINANCIAL PERFORMANCE
The report had been circulated.
4.1 Drainage
4.2 Parks
4.3 Roading
4.4 Solid Waste
4.5 Water
4.6 Financial Summary
Moved Cr Arnold, seconded Cr Thomas that the report be received.
In response to questions, the following answers were given:
• The Beatrice Street job has been largely completed and there is still storage pond to be completed and there will be money carried forward for that. The Preston Street Station job where we have ordered pumps will take most of the money in the current year with the budget for next year for the installation of them. • Some of the jobs in the report are done by the carried forwards. The project is too big to do in any one year so it’s budgeted over three years. Several of the others are up to April and as Mr Loan pointed out those would be completed by the end of the year.
The motion, now being put, was RESOLVED in the affirmative.
Note: Cr Abbott joined the meeting at 4.11 pm.
78 5. OTHER BUSINESS
5.1 Report of the Director of Works and Services
5.1.1 Procurement Strategy
The report had been circulated and Mr Murray took the meeting through it.
In response to questions, the following answers were given:
• The problems that we had with the footpaths were not foreseen and that’s the reason why the water asset problems have delayed the footpath programme because we had to attend to water service connections that were found to be in a bad state of repair. We hadn’t planned on doing that and the footpath programmes had to be held back until we got on top of that. This particular report is referring to planned works and getting us on the best possible footing to complete the financial year. It will depend on contracting availability as to how well placed they are, but we feel that we are in a position ourselves to launch the works as soon as possible. • The Council each year approves the striking of the rates through the Annual Plan process and so for us as Council officers to commit beyond one year’s programme of works may possibly be risky, so we have to confine ourselves to one year’s work each time. • Cr Boniface has identified that without pre-empting the final decision on the rates strike in the Ten Year Plan, this is the first of the reports that you will see saying, that we know we have a significant increase of work and we are trying not to wait around, so without committing in advance we are trying to get out early with these four packages of work and we’re also trying to ensure that we keep that procurement markets as competitive as possible. The following years we should be able to do this, so we can start lining them up better. His Worship the Mayor has also identified that once you start digging, it’s often what you find under the ground is not quite what you expect, so we do anticipate developments but this is the best strategy we have to get as much work done as we can.
Note: Cr Esler joined the meeting at 4.20 pm.
Moved Cr Arnold, seconded Cr Dennis and RESOLVED that the it be RECOMMENDED to Council that the Council approves the strategy for the replacement of Asbestos Cement Water mains for 2015-2016 as contained with this report.
5.1.2 Temporary Road Closure
The report had been circulated and Mr Pearson took the meeting through it.
In response to questions, the following answers were given:
• We would normally ask the event organisers to pay for the advertising costs. • Part of the support we get from the Police for these events is because of having good traffic management in place. There seems to be one company in Invercargill that runs these events on behalf of those event organisers. The event organiser can select anybody who is an approved traffic management provider but the Police are more supportive of these events because we have one company that specialises in that area. In the past we’ve seen different issues and it seems to have a good smooth way to deal with those. 79 For the Burt Munro Challenge at the Beach, the service provider has a safety Manager on site and his responsibility is to ensure that traffic flows safely at all times and if needed they respond to any change in those events. I would think that on the day of the football in Dunedin, traffic management around the Dunedin Stadium will be quite different from the traffic management on the State Highway. The highway people should have anticipated the volumes. The reason we publicly notify events is so people can be aware of it in advance. We advertise the weekend before those events so that people have a strong awareness and we have people at all those important intersections with the correct equipment to safely control the event. We’ve been successful with that traffic management and I’m confident with these events that we will continue to do so. • It’s the event organiser that applies for the event management. We are giving approval to temporarily stop the road during that period and in a street race, the event organiser has to get it signed off to be safe from their governing body. Once we’ve close the road off and given to the organiser they then go through their process to make it safe.
Moved Cr Arnold, seconded Cr Kett and RESOLVED that it be RECOMMENDED to Council that Council agrees that the proposed events will not impede traffic unreasonably;
AND THAT
Council approves the temporary closure for the times, dates and locations as specified in the report.
5.1.3 Safer Journeys for People who Cycle
The report had been circulated and Mr Pearson took the meeting through it.
In response to questions, the following answers were given:
• We have been working with NZTA to identify whether there are alternative routes to North Road such as Ross Street. We had similar issues with Elles Road where we have high volumes of traffic and limitations of where we can provide cycle lane without stripping parking. Our strategy for Ness Street was to develop a cycle friendly alternatives from Elles Road. What we are doing is trying to encourage NZTA to come up with something similar. What we don’t necessarily want to do next is to change the lane configuration in North Road until we’ve looked at all the options available to us. • The mandatory truck side under run is a device to stop cyclists been swept under the vehicles in certain circumstances but that sort of requirement will come through the NZTA’s legislation of those vehicles. • We have made some improvements around the over bridge going out to the Airport and there are still areas where we want to make changes, particularly near the Tweed Street roundabout working with NZTA. It’s still on our books but we have made changes. Predominantly the problem was outside one of the premises where there were visibility issues of vehicles coming out, we have some improvements. There’s more room for more work in those areas and the biggest issue with cycling is the last short section. It’s easy to do the first piece but it’s the tricky parts that are the most important but we have been working on some of those areas. • The Government has put up an Urban Cycleway Fund, which has $100 million in it to dedicate to cycling.
80 Current transport programmes haven’t identified projects. We’ve been exceedingly lucky that we have wide streets and little traffic so we’ve been able to do so much in our cycleway improvements on road. What we need to do is identify those hard spots like around roundabouts and link up areas. We need to connect all those areas and that’s what Mr Pagan and I are working on and, we will come back with a strategy of how we deliver those. • The next stage has been planned for the Awarua Cycleway within a few months that it will be extended along the highway frontage beyond the Chip Mill at which point they are considering crossing the road and following the pipeline towards Bluff. Environment Southland has sufficient finance on hand to do the next half a kilometre, which takes it to a safer crossing to get across the State Highway and at that point, Environment Southland is suggesting that the way to fast track it is to follow the highway as opposed to the Moko Moko track, which a huge expense. • NZTA will take some national initiatives but it also means that we have, through our shared road safety service, opportunities to go out there and work with the industry to encourage the best behaviour on the road, which is to share the road. The road is there for everybody to use and how we prioritise heavy vehicles onto specific routes and cyclists on different routes, and educate both parties how to work in a way that’s safe for everybody. We use Road Safety Southland shared service to assist us with this. • The findings from the coroner’s report about the incidents in front of the school talked about the width of the inside lane and all of our current designs have been prepared that there was more width between the lane and the kerb from a technical point. Previously there was only 3.5 metres which is very tight for a vehicle and a cyclist. We now have a mandatory 4.2 metres and what we also do is on those approaches to the kerb where the cyclists are marked, we have an escape area where they can bail out and bike on the footpath. We have made an important change to the design philosophies in those areas. • Cyclists are allowed on the road in Queens Drive but we provide the cycle lane there. The lane is 4.2 metres. There is plenty of width there for cars and cyclists and it’s illegal to bike two abreast on a road.
Moved Cr Thomas, seconded Cr Dennis and RESOLVED that the report be received.
5.1.4 Forth Street Parking
Cr Kett said he was a past president of Age Concern and he was currently the Vice President. He did not believe he had a conflict and asked the Chairman for a ruling on it.
Cr Thomas said Cr Kett was not conflicted at all because it was a roading problem.
The report had been circulated and Mr Pearson took the meeting through it.
Cr Kett said a lot of the volunteers were a lot older than some of the people they were volunteering to help and it was very difficult for them because at times there were parks available in Nith Street, Wood Street and sometimes Clyde Street but because they were elderly and some had trouble walking, they needed parking almost outside the door. They did not mind putting money in the meter while they were there, as long as they could park closer to do their volunteer work.
81 In response to questions, the following answers were given:
• I would anticipate that you will want a two hour meter, but the difficulty will be that you might find those parks remain vacant for the prime part of the day. I’m not 100% sure when that building will be used but the parking around it, it looks like it’s probably from 10.00 am to 1.00 pm. If we put P120 signage there it would make them potentially fast moving and we will still need good enforcement on it. The issue of keeping the parks moving is easier for a parking meter because it records how long you’ve parked there. • You could put signage up stating the hours between 10.00 am and 12.00 noon, but the only hesitation I would have is that I’m sure that the next thing will be that people will give the excuse that they didn’t think it applied there. It could confuse the issue as well. • I don’t know what the formula is for disabled parking at the Indoor Stadium but I know that was the number parks that were put in at the time the Stadium was developed. The bigger problem at Surrey Park/Stadium is franchise cars parking on yellow lines, no park areas and blocking driveways. I think we may need to enlist the parking wardens to go and issue tickets for those vehicles. I’ve raised the issue on several occasions but it seems to make no difference. You stop, drop, run inside and an hour later you come out and pick up the car so it is a problem. It could be a major problem if there was an athletic event on at the same time because there are kids coming out the gate, which is designed to keep the traffic flowing and there are yellow lines there to stop cars near that side. I’ve got photographs the other day of three cars parked along that area so while it may be a bit of a nuisance of having those parks un-used, the big issue is people illegally parking there. • I’m not sure how many volunteer workers would use the parks but some of them won’t apply for the over 80s card because there is a cost to involved. Ideally what Mr Pearson is suggesting of putting parking metres there, would suit those people better than P120 parking.
Moved Cr Esler, seconded Cr Dennis and RESOLVED that the it be RECOMMENDED to Council that Council agrees to the parking outside Age Concern in Forth Street being changed to include ten parking meters.
6. URGENT BUSINESS
Moved Cr Thomas, seconded Cr Kett and RESOLVED that the Urgent Item with regard to Asset Management Systems be taken under Public Excluded Session.
7. PUBLIC EXCLUDED SESSION
Moved Cr Thomas, seconded Cr Dennis and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:
(a) Report of the Director of Works and Services
82 General subject of Reason for passing this Ground(s) under each matter to be resolution in relation to Section 48(1) for the considered each matter passing of this resolution
Option to Purchase Ex- Enable any local authority Section 7(2)(i) Surrey park School holding the information to Site – Section 2 carry out, without prejudice or disadvantage, commercial activities
Contract 729 – Ferry Enable any local authority Section 7(2)(i) Road Guard Railing holding the information to Improvements 2015 carry out, without prejudice or disadvantage, commercial activities
Asset Management Enable any local authority Section 7(2)(i) Systems holding the information to carry out, without prejudice or disadvantage, commercial activities
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83 84 MINUTES OF THE MEETING OF THE FINANCE AND POLICY COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL, ON TUESDAY 9 JUNE 2015 AT 4.00 PM
PRESENT: His Worship the Mayor Mr T R Shadbolt (from 4.02 pm) Cr N D Boniface – Chairman Cr G J Sycamore – Deputy Chair Cr R L Abbott Cr G D Lewis Cr D J Ludlow Cr L S Thomas
IN ATTENDANCE: Cr R R Amundsen Cr A G Dennis Mr R W King – Chief Executive Mr D J Johnston – Director of Finance and Corporate Services Mr P Horner – Manager - Assets and Museum Mr D Booth – Manager Financial Services Miss K Graber – Policy and Planning Analyst Mr P Casson – Venture Southland – Chief Executive Officer Mr T Johnston – Chairman of Venture Southland Ms L Kuresa - Committee Secretary
1. APOLOGY
His Worship the Mayor Mr T R Shadbolt for lateness.
Moved Cr Abbott, seconded Cr Ludlow and RESOLVED that the apology be accepted.
2. PUBLIC FORUM
Nil.
Note: His Worship the Mayor joined the meeting at 4.02 pm.
3. NOTICE OF AN ITEM TO BE TAKEN UNDER URGENT BUSINESS
Moved Cr Boniface, seconded Cr Ludlow and RESOLVED that the matter with regard to the Venture Southland Joint Committee and Advisory Committee Membership, be taken under Urgent Business.
4. MONITORING OF SERVICE PERFORMANCE
The report had been circulated and Mr Casson took the meeting through it.
85 4.1 Levels of Service 1 July 2014 to 30 April 2015
In response to questions, the following answers were given:
• Currently there are vacancies across the city for employers. I’ve always said there are 250 vacancies on Trade Me every day and that has gone down to 150 vacancies. A lot of those jobs have been taken up but in terms of training it’s about working with agencies, working with employers and trying to align those jobs with the potential of either recruiting from our site or upskilling as well. There’s a lot to focus on, it’s probably long term rather than short term access. • These are the activities that our team has been involved with so we do carry out a scoping from a communications perspective where every week we circulate media releases within local papers or any other media as well. There are various channels but it’s about ensuring we can capture all media whether they report in magazines or a journal entry. • With regard to Tiwai, 2017 is a timeframe that’s been given by the Smelter to look at renegotiating the electricity. It has nothing to do with the closure of the plant. The price of aluminium has increased price internationally and speaking to the General Manager of Tiwai last week, they are seeing a bit more traction. International demand for aluminium is increasing as well as carbon for planes, the future could be in green metal. I met with the Chief Executive of Asia Pacific and I have done some research on aluminium demand in China. There’s no doubt that Tiwai produces the best aluminium in the world. • I’ve talked to the truck industries and Fonterra is one of the main consumers. Local companies are saying that after training their drivers they get poached because of the higher wages offered. There are opportunities to train our local people in the truck training sector. It’s one of the big growths and our future with the economy is starting to look good. It’s the cost for our young people to get the licenses in that sector. There are two or three local providers that offer training in this sector.
Cr Boniface asked Cr Amundsen to give an update on the Representation Review.
Cr Amundsen said they had the caravan parked at the Windsor Shopping Centre and Bluff in the Four Square carpark in the weekend. They will have the caravan outside the Rotary Book Sale this weekend and there were a number of other places where they would be situated in July. The Committee was organising a couple of workshops to be held in July to give people the opportunity to hear about the Representation Review and then have a discussion about it. The Committee had also invited people who had submitted on the Long Term Plan and people from community groups. After that the Committee would gather all of the information and put a report together, which would be presented at the August Council meeting.
Moved Cr Ludlow, seconded Cr Lewis and RESOLVED that the report be received.
86 5. MONITORING OF FINANCIAL PERFORMANCE
The report had been circulated.
5.1 Report of the Director of Finance and Corporate Services
5.1.1 Financials to 30 April 2015
In response to questions, the following answers were given:
• Democratic responsibility has a budget of $5,000 annual budget for legal fees and to date Council has spent $42,000 on legal fees. That’s where the $38,578 over spend to the end of April has come from. • About $30,000 was spent on getting a legal opinion on the Outdoor Stadium and the balance was spent on getting a legal opinion on the uncalled capital, which was coded to the Councillors budget. • There has been some questions over the legal advice or some uncertainty contained in the legal advice and two Councillors have queried that so we’re seeking some clarification on it. • Halls and Theatre is a budget relating to the asset. The Civic Theatre is separate and makes a profit and not a loss.
The Committee discussed this matter further and agreed that once a legal opinion had been received, if there were further questions about it, the matter should be brought back to Council to authorise any further action.
Moved Cr Ludlow, seconded Cr Thomas and RESOLVED that it be RECOMMENDED to Council that Councillors who would like further legal opinions, following on from opinions already provided, need to seek approval from Council, following on from over spends in our democratic responsibility legal budget.
Moved Cr Sycamore, seconded Cr Thomas and RESOLVED that the report be received.
6. ACTIVITY PLAN REVIEW
N/A.
7. DEVELOPMENT OF POLICIES/BYLAWS
N/A.
87 8. URGENT BUSINESS
8.1 Venture Southland Joint Committee and Advisory Sub-Committee Membership
The report was tabled and Mr Casson took the meeting through it.
Moved His Worship the Mayor, seconded Cr Boniface and RESOLVED that it be RECOMMENDED to Council that the Council:
a) Receives the report titled “Venture Southland Joint Committee and Advisory Subcommittee Membership”. b) Endorses that an invitation be extended to Environment Southland to appoint two representatives on to the Venture Southland Advisory Subcommittee. c) Endorses that the Advisory Subcommittee membership limit on the number of members be removed. d) Endorses that an invitation be extended to the following organisations to appoint one representative to attend Advisory Subcommittee meetings – (i) Southland Chamber of Commerce, (ii) Federated Farmers, (iii) Community Trust of Southland. e) Endorses that an open invitation be extended to Members of Parliament Sarah Dowie, Todd Barclay and Ria Bond to attend Advisory Subcommittee meetings. f) Endorses that an invitation be extended to Environment Southland to appoint one representative on to the Venture Southland Joint Committee in an advisory capacity and with no voting rights. g) Agrees that the Heads of Agreement relevant clauses be amended to reflect the suggested changes if they are accepted and agreed to by the three signatory territorial authorities to the Venture Southland Heads of Agreement.
9. COUNCIL IN PUBLIC EXCLUDED SESSION
Moved Cr Boniface, seconded Cr Thomas and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, with the exception of Mr Trevor Johnston, namely:
(a) Report of the Chief Executive (b) Report of the Director of Finance and Corporate Services
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
88
General subject of Reason for passing Ground(s) under each matter to be this resolution in Section 48(1) for the considered relation to each matter passing of this resolution
(a) Appointment of To protect the privacy of Section 7(2)(a) Non-elected natural persons, Member for including that of Venture deceased natural Southland persons. Joint Committee
(b) Investment Enable any local Section 7(2)(i) Property authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
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89 90 TO: INVERCARGILL CITY COUNCIL MEETING
FROM: PAUL CASSON
MEETING DATE: 16 JUNE 2015
VENTURE SOUTHLAND PROJECTS AND ACTIVITIES REPORT APRIL/MAY 2015
Recommendation: That the report be received.
REPORT
BUSINESS AND STRATEGIC PROJECTS
2015 Southland Business Survey During the first quarter of 2015, Venture Southland surveyed 380 Southland businesses to better understand their opportunities and challenges. The survey builds on the previously completed survey in 2014 and allows comparisons to be made around confidence levels within businesses, sectors and geographical location.
The survey revealed that business confidence is strong in the Southland region although businesses are reporting that attracting the right people is becoming more challenging than in 2014. 51% of businesses are reporting having challenges finding the right people, compared to 38% in 2014. To address this, 46% are planning pay rises, up from 34% in 2014, and 64% are planning to invest in staff training and up skilling, up 14% on 2014.
Southland is a key exporting region within New Zealand the Business Survey indicated that exporters are doing well. 12% of businesses are exporting, up 3% on 2014 and those businesses are more likely to be exporting to more regions. A quarter of exporters are exporting to 5 or more regions globally.
Business confidence remains steady. 75% are positive about the Southland Business environment (2% down from 2014) and 87% are positive about their own business (up 4%). Business performance in sales is strong with 86% of businesses reporting increased or steady sales, although 5% fewer are experiencing increased sales compared to 2014.
The survey also revealed that more businesses are online. 77% of Southland businesses have a website and 63% are now promoting their business using social media (up from just under half in 2014). Planned investment across a whole range of areas is up on 2014, notably investment in plant and machinery (up 10% to 38%), investment in premises (31% up from 22%) and IT (27% up from 19%).
The key findings of the Business Survey will be presented to the Joint Committee meeting on 25 May 2015.
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91 Report to Venture Southland 2 930/110/5/1
Wood Energy South Hon Simon Bridges, Minister of Energy and Resources visited Southland on 1 May to meet with the Wood Energy South project team and project stakeholders. As part of the visit the Minister will be attended a lunch with project stakeholders and site visits to Niagara Sawmill and Alliance Lorneville. Feedback from the Minister included:
“Southland is home to some exciting energy efficiency projects, it’s great to see local industry is adopting a progressive approach to developing sustainable and economic energy options,” he said.
“Wood energy is a renewable fuel that in many situations can be used instead of coal or gas. Every Southland business that makes the switch is supporting the local economy as well as making a more environmentally friendly choice, which can only have a positive impact on the region.”
1 Hon Simon Bridges with EECA Chief Executive, Mike Underhill and Lloyd McGinty
The project team is currently working with leading industry partners considering switching to biomass boilers and a number of conversions are currently underway. Emissions measurement on converted boiler systems is also showing major improvement in emission standards and heat recovery systems are also demonstrating that boiler sizes in many cases can be reduced and still achieve optimal performance.
As part of technical capacity building element of the project industry stakeholders are part of the development of a Specifier Competence paper which is being facilitated by an international consultancy.
A study of the Current and Projected Timber Resource in Southland is now well advanced and will demonstrate the long term availability of woody biomass. Venture Southland has involved a SIT student with an emissions monitoring study and has work alongside specialist consultants measuring emissions and boiler performance.
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There are three feasibility studies for large industrial users expected to be commissioned in the next two months, and two boiler installations are underway.
Grants for new and existing boilers, assessments and technology feasibility studies are available under the programme. Resources are continually being developed and available on the wood energy south website. Enquiries can be directed to Venture Southland’s Wood Energy Co-ordinator - http://www.woodenergysouth.co.nz/contact/
Dairy Farm Methane Recovery Project As part of the implementation of the Southland Energy Strategy, Venture Southland has been working with EECA, NIWA and agricultural consultants and local farmers to trial the capture of methane emissions from dairy farm covered anaerobic effluent ponds. The fundamental principle behind the trial is to demonstrate the viability of methane as an energy source to significantly reduce electricity use on farms as well as demonstrating the environmental benefits in a Southland context.
NIWA monitoring trail was established at a site in Dacre in 2012 to measure the methane production from dairy farm effluent storage ponds in relation to climate, season and the organic loading of the pond to improve the estimation of methane and potential beneficial use as an energy source.
A demonstration project (950 cow dairy farm located on Limestone Plains Road in Southland) has been established to provide farmers with the confidence to embrace this type of system. The aim is to encourage farmers that are seen as dairy industry leaders as early adopters of this system.
About the farm: • Farmer recognized for environmental leadership. • Traditional, predominately grass based system, with little supplement feed used. The effluent management system at the farm is based on a low application sprinkler system (K-line), applying cow shed effluent over up to 200ha of pasture land. Prior to land application, effluent is stored in a clay lined, 60 day capacity storage pond, which is located approximately 100m form the cow shed. Other than a sand trap there is currently no effluent pre-treatment • Early adopter of Dairy Lean Program • Low Water use 20,000 litres per day with 15,000 litres of reuse • Annual Electricity savings are expected to be in the order of $35,000pa • The anaerobic digestate (waste pond sludge) will also be a quality fertiliser
Venture Southland was invited to present the project to Dairy NZ at a national planning workshop in Hamilton on the 22 of April and there is a plan to support a national research program to monitor the system performance with a view towards a rolling out the systems throughout the country. Water-trap Pond and gas Fan cleaning Heat exchanger - hot water Electricity
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93 Report to Venture Southland 4 930/110/5/1
23 Coveredcovered effluenteffluent ponpondd
Southland Digital Strategy Review – Regional Broadband and Mobile Phone Coverage Venture Southland surveyed Southland residents and businesses to gather vital information associated with the performance of broadband services and mobile network coverage in the region. The survey received 720 responses.
Key findings from the survey highlight that there are significant disparities between urban and rural service levels, and that existing services are struggling to meet the requirements of businesses and residents. The survey is a vital input for the review of the Southland Digital Strategy and will help Southland to advocate for improved services and coverage.
Venture Southland will coordinate a response to the Government’s Registration of Interest for the second stage of Ultra-fast Broadband (UFB2), the second stage of the Rural Broadband Initiative (RBI2) and the new Mobile Blackspot Fund, to be submitted 3 July 2015.
Awarua Satellite Ground Station Venture Southland has coordinated local resources to facilitate the establishment of a second Planet Lab ground station at Awarua. A new 5 metre dish and associated antennas are now in place and commissioned. The antennas and associate equipment were constructed utilising Southland building and telecommunications contractors.
Venture Southland has entered into a formal agreement to build and maintain a 4.5 metre antenna and radome for another satellite operator. In addition, Venture Southland is now well advanced with negotiations with three further contracts involving a launch operator and two satellite operators with a view towards expanding the range of space a satellite services operating at Awarua. It is expected that the Awarua site will have reached capacity by December 2015 and some of the new operations are thus planned to be based at the south end of the ICC industrial estate at Awarua and preliminary discussions are underway at present.
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Stewart Island Renewable Energy Investigation The solar, hydro and wind monitoring stations are operational and providing good data. A website has been developed at the request of the Southland District Council to display the data and this is updated weekly as the data is uploaded from the station data-loggers. The website is currently functional and once some cosmetic details have been attended to, it can be expected to be publicly accessible by the end of May.
Business Training - Regional Business Partners The May quarterly Regional Business survey has again ranked the Venture Southland delivered Regional Business Partner programme, as having the highest client satisfaction in New Zealand. All those surveyed “valued the relationship” with Venture Southland. Venture Southland was the only Regional Business Partner in NZ to have a 100% of people valuing the relationship. Business that had accessed support services through Venture Southland, including mentorship, training funding, business advisory services and R&D support were surveyed on the quality of the support received. 100% of clients rated the service excellent or very good, making Venture Southland the best delivery agency in the country. Uptake of the training funding has been exceeded expectation, with limited funds remaining until the new funding year starts in July. Venture Southland is working with NZTE to try and access additional funding.
Dairy Lean A total of six sessions, 4 classroom and 2 on-farm, have been held as part of the 2015 Dairy Lean Project. The programme involves 50 people over 10 farms. Work to-date has involved mapping the milking processes and identifying problems or frustrations around this process.
DairyNZ have funded this extension programme to develop the required resources to enable Dairy Lean to be delivered around the country. Planning sessions have been held with DairyNZ about the future delivery mechanism for the programme and challenges associated with wider roll-out.
Feedback around the programme has been very positive, with a particular focus on staff engagement. The programme will be delivered every three weeks until the end of July.
Lean Manufacturing As part of Venture Southland’s ongoing commitment to the Lean cluster, ‘health checks’ have been undertaken with previous participants of the 2012-14 programmes. This support training is part of the ‘sustain’ element of the cluster and was well received by all companies.
The 2015 Lean Manufacturing Programme participants (Yunca, PowerNet, Lochiel Trailers, Awarua Synergies, BJ Carters, Windsor Brass and Beatties Auto) have also undertaken initial site visits, and have begun the Value Stream Mapping process (which outlines the value they add to their customers and critical check points).
Canterbury Rebuild – Canterbury South Project Four years on from the Christchurch earthquakes, the Canterbury rebuild continues to advance through different stages of redevelopment. The Initial focus on infrastructure and residential housing is now well advanced although it remains challenging to assess realistic timeframes for completion. While the anchor projects within the Christchurch CBD and other health and education projects appear to be on target for completion, there is currently robust debate within central and local government about who should pay for what in the redevelopment in the inner city.
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The Canterbury South programme has remained focused on allowing a significant number of local businesses to develop Christchurch based opportunities while maintaining a local workforce in Southland which has enabled these businesses to also service the recent growth in the local commercial sector and growth in the Central Otago construction sector.
From the initial database of over 210 southern companies which registered interest in the Canterbury South initiative in 2011, a core of 25 Southland businesses have established credible relationships within Canterbury and continue to secure ongoing business opportunities in Christchurch. The business environment has become increasingly competitive for southern companies during the past six months and along with recruitment and retention of skilled labour, accommodation and higher overhead costs continue to provide constant challenges.
Opportunities for involvement in the rebuild still exist for Southland businesses but the emphasis has noticeably shifted in recent times from ‘supply of products and services’ to ‘supply and install’. http://www.canterburysouth.co.nz/language/en-NZ/Contact
An assessment of the programme is currently underway and this is expected to be completed by the end of June.
Aerial Magnetic Survey of Southland - New Zealand Petroleum and Minerals Andy Sommerville from New Zealand Petroleum & Minerals (which is part of the Ministry of Business, Innovation & Employment) visited Southland on Wednesday 18 February to discuss the planned work and the opportunities to advance a more expansive survey as part of the Aeromag Survey. A total of 13 representatives from New Zealand Petroleum and Minerals, Southland District Council, Invercargill City Council, Gore District Council, Clutha District Council, Environment Southland and Venture Southland attended this meeting.
Venture Southland been working with New Zealand Petroleum and Minerals (NZPM) to expand the Aeromagnetic survey to include the Southern Southland Area and finalise the costs. This has now been completed and will be reported to regional stakeholders during the coming week. It is expected that the proposed survey will provide important information relating to the geological structures that confine aquifer systems and will provide insights into areas that may suitable for more detailed electromagnetic survey. Minister Bridges has set aside $8 million for survey work 60% to 70% of the funds are to be spent in the Southern South Island.
Silica Documentation Update Venture Southland is the process of updating the Southland Silica Assessment work. The work involves the preparation of a Prefeasibility Study for the establishment of a silica plant for the production of polysilica used in the manufacture of solar panels and electronics grade silicon. This project is focusing on process technology, market trends, infrastructure, electricity demands and the consent related matters, economic impacts and financial viability. This work builds on the mineral assessment work undertaken in 2012 and is expected to be completed in September 2015.
Milford Transport Options Venture Southland has been requested to prepare concepts and a work plan for the evaluation of transport options including Park and Ride proposal. This work is well advanced. This preliminary work is expected to be complete by 22 May 2015. A working group has also been established to evaluate the proposal.
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Regional Labour Market Strategy 2015-2031 Following the release of the Regional Labour Market Strategy, work is currently being undertaken to further develop key actions associated with the 4 focus areas. The recently completed Southland business survey has reconfirmed the challenges businesses currently face around skills shortages. Labour and skill shortages were ranked as the number one strategic challenge for Southland businesses.
Filipino Migrant Survey Venture Southland is currently working with the Filipino community to survey Filipino migrants in Southland, with the intent of getting a better understanding of the numbers of migrants currently in the region and the challenges they are facing. Questions were raised about the total number of Filipino migrants identified by the 2013 census. There is a general belief that the number is under represented. This survey will enable Venture Southland and the Filipino community to better understand the true numbers of Filipino migrants in the region.
The survey also asks a number of questions focused on the ability of migrants to move through the residency process. The survey will identify the numbers of Filipino migrants who have been unable to proceed through to residency status, the reasons why, and the amount of money spent try to achieve this.
Southland Youth Futures Jo Barnsdale has started in the role as Southland Youth Futures Co-ordinator. She is currently assessing the work that has been completed to-date, meeting key stakeholders and developing a work plan.
Lotteries have agreed to contribute $10,000 toward the project. The application to Community Trust of Southland was unsuccessful. Funding proposals are being completed for Dairy NZ and MBIE and an application will also be made to the ILT Foundation. Discussions have been held with some service providers interested in supporting the needs in the Eastern Southland area.
SOUTHLAND TOURISM TEAM
Media Results Southland stories from famils (familiarisation) facilitated by Venture Southland have featured in number of national and international magazines, newspapers, international websites and television shows. • IMP German TV Production – NZ From above – January 2015 • Wilderness Magazine (Matthew Pike) – Welcome Rock Trails – April 2015 • Taste Magazine (Nick Russell) – Where to eat in Southland - May 2015 • NZ Herald (Jane Jeffries) – The Catlins – May 2015 • Regional News (Wellington Tabloid) – May 2015 • Taste Magazine (Nick Russell) – Southern Farmers Market - May 2015 • NZ Gardener (Jo McCarroll) – A Gardener’s Road Trip to Southland – May 2015 • LeBackpacker Instagram (Johan Lolos) - May 2015 • RV Travel Lifestyle (Derryn Hinch) – Southern Road Trip – May/June 2015 • Taste Magazine (Nick Russell) – Garden to Table - May 2015 • Wilderness Magazine (Alastair Hall) - Stewart Island, Southern Circuit – June Edition (Out now)
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Media Familiarisation During Autumn Venture Southland hosted a number of media famils to Southland. Along with our domestic media famils, Venture Southland works with Tourism New Zealand on an International Media Programme. Below is a list of the areas that were explored along with the journalists name and publications they are associated with. • Gone Fishin (Graeme Sinclair) – Bluff, Stewart Island, Riverton & Invercargill • IMP Japanese Media – Southland Autumn Feature - Bluff oyster, Blue River Cheese & Mutton birds. • Frommers Travel Guide (Kate Fraser) – Invercargill, Bluff and Stewart Island • LeBackpacker (Johan Lolos) May 2015 – Southern Scenic Route, Invercargill, Stewart Island & Western Southland • Tourism New Zealand (Shona Cobham) – Stewart Island (Prince Harry Visit) and Invercargill • Outdoors with Geoff (Geoff Thomas) – Northern Southland and Bluff Oyster Festival
Trade Shows and Famils The utilisation of trade channels such as inbound operators (IBOs) is a recognised format for driving sales to commissionable products (businesses that charge and offer commission to distribution channels) and building brand recognition in an affordable manner. Trade activities for the period include: • RTO IBO Training – Auckland Attended the Tourism New Zealand (TNZ) Training Day and the Regional Tourism Organisation Inbound Bound Operator (IBO) Training Event in Auckland. Event was held over three days and provided an excellent opportunity to update TNZ and IBO of Southland’s latest information, new product and new product rates for the 2015-2016 season. • TRENZ (Tourism Rendezvous NZ) - Rotorua Event was held from 18-20 May in Rotorua. Southland had 51 appointments with agents from United Kingdom, USA, Europe, Japan, China and Australia. Provides excellent opportunity to update agents directly from our long haul markets of Southland’s latest information, new product and new product rates for the 2015-2016 season. • Pre-TRENZ Famil – Bastiaan Brunning Bastiaan Brunning attended TRENZ for the first year in 2015 - New wholesale business, based in the Netherlands and working in the luxury market. Bastiaan spent time in Western Southland, Invercargill, The Catlins and Stewart Island and was positive about his time in the region and felt there were opportunities to work with Southland product moving forward. • TNZ North America Market Update – Queenstown (IMA) Excellent event and opportunity to provide training to 60 experienced and well established USA / Canadian agents. Southland training and the event was well-received by agents- Established solid database and contacts for future regional marketing and updates. • North America Agent Famil - Southland Region hosted ten USA and Canadian agents, 1 TNZ staff member and 1 Air NZ host. Excellent famil and time in the region was very well received - Spent time in Invercargill, Stewart Island and The Catlins. Good opportunity to provide on the ground training with a key international market.
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Tunes & Tries Campaign Targeting referrals youth market in Queenstown (those who influence others to visit), this campaign promotes Invercargill as a destination for events (Queens Birthday Six60 Concert and Super15 Highlanders vs Chiefs). This campaign used a combination of radio (the Edge), print (Lakes Bulletin) and website to encourage the consideration of Invercargill as a weekend escape.
Strategic Development With the completion of 2005 – 15 Southland tourism strategy, the tourism team has been working on the review and redevelopment of this strategy, for public consultation later in 2015. Resources have also been directed towards maintenance and development of the regional tourism website strategy, to remain consistent with other modern websites.
CycleSouth and Around the Mountains Ltd and Cycling The tourism team has been working with ATM Ltd and other regional cycling initiatives to elevate cycling in the South. This includes outputs such as digital content for Whitehills Classic, Welcome Rock Trails, Stewart Mountain bike trail, collaboration on the Around the Mountains Cycle Trail Ltd marketing plan and Official partner programme.
Invercargill iSITE The iSITE team has continued usual service in regards to information provision, familarisation support and sales of merchandise and commissionable product (transport, events, accommodation and activities). Further to this the iSITE team has collaborated on a bid for 2016 iSITE conference, which if successful would result in the visit from approximately 150 iSITE operators from throughout NZ.
Other Projects Promotion execution, content gathering and promotion development has been conducted for the following activities: • Bluff Oyster & Food Festival • Tourist Times Otago/Southland Monthly Tabloid • Prince Harry’s visit to Stewart Island • Hokonui Fashion Awards • Invercargill Licensing Trust Content • AirNZ Grabaseat promotions
COMMUNITY DEVELOPMENT TEAM
The team has been very busy lately with a couple of years of work culminating in the recent Anzac Day commemorations. In total, $436,000 of external funding was secured for a range of projects and initiatives and Venture Southland coordinated a number of regional projects. Some other significant projects have received impetus with the latest round of major grants approved by the Community Trust of Southland. Work also continues to now plan out and implement projects listed in the 2015/16 Business Plan, including a number of strategies relating to cruise and cycling in particular and key projects alongside the Southland District Council. Some other key projects and outcomes are listed below.
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Southland Cruise Strategy Venture Southland staff have worked alongside Environment Southland and the Southland District Council on the project brief for the Southland Cruise Strategy. The project brief has been finalised and the request for proposal is currently out. The aim is for the strategy to be completed within the next two months.
Regional Cycleway Strategy A new project listed in the 2015/16 Business Plan, Venture Southland staff has had initial discussions with a key stakeholder with regards to this project.
Review of Community Planning approach Venture Southland staff have been working closely with the Southland District Council to review the current approaches to community planning in the Southland District to better align with SDC’s plans. A report summarising the agreed approach will be presented and ratified by Council in the near future.
Rakiura Heritage Centre The Rakiura Heritage Centre Trust, with assistance from Venture Southland, submitted an application to the Community Trust of Southland’s one-off major grants round earlier this year. They requested a funding contribution towards the development and construction of the proposed new museum development on Stewart Island. They were successful in securing a grant of $300,000 and work now continues to source the remainder of funds and finalise details of the project.
Fiordland Trails Trust This Trust is working on the development of the Te Anau – Manapouri Cycleway. Venture Southland assisted previously by helping to set up the Trust, with the initial investigation work and more recently with the preparation of the Te Anau and Environs Cycling Opportunities study funded through the Impetus Fund.
The first stage of the project (Te Anau to Rainbow Reach) is estimated to cost $475,800. SDC and the Te Anau Community Board have contributed $100,000 in total, with an additional $150,000 recently secured from the Community Trust of Southland and $50,000 from Meridian Community Fund. The first 3.7km leg to the Control Gates is now fully funded and work is expected to start in the not too distant future. Other stakeholders such as the Te Anau Community Board and Te Anau Cycling Inc are also implementing elements of the strategy that are relevant to them.
Switzers Museum Waikaia Venture Southland has worked alongside the Switzers Museum Waikaia for a number of years with regard to this significant museum redevelopment. An application was submitted to the Community Trust of Southland’s major grants round earlier this year and $150,000 was recently granted towards this development. This project is now fully funded with the total $1.1million secured and work has begun to finalise plans, attain building consents and begin building.
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3 Switzers Museum
Around the Mountains Cycle Trail Staff are continuing to work alongside SDC on a range of initiatives associated with this project. Of late, assistance has been provided (with input from the Tourism Team Leader) to develop a Business and Marketing Strategy for the Around the Mountains Cycle Trail. This will guide how the trail is promoted and the benefit of this is realised.
Work continues to finalise the membership criteria and contracts for the Official Partner Programme and it is hoped to launch in mid-2015. Venture staff will assist SDC to sign operators up to the Programme.
The interpretation plan continues to be implemented with priority begin given to safety and information signage, panels and kiosks at this stage.
The Community Trust of Southland recently granted $200,000 towards the second stage of the trail and $20,000 was awarded towards legal costs from the Walking Access Commission. Venture Southland staff prepared both applications on behalf of SDC.
Southland WW1 Commemorations The Community Development Team successfully implemented a number of WW1 Commemorations projects leading up to Anzac Day. Over 300 street banners and flags were distributed throughout Southland. Lanterns and panels for the ‘Keeping the Home Fire Burning’ project were presented and displayed at 40 Anzac Day services. Venture Southland also worked alongside the Invercargill RSA to develop and distribute 5000 copies of the ‘Southland Remembers’ ANZAC Day publication.
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Holt Park Camping Ground Upgrade Venture Southland staff have been working alongside the Otautau Community Board and the Southland District Council to development a scoping document for the proposed Holt Park Camping ground upgrade and redevelopment. A report will be presented to the Community Board for consideration in late May.
CONFERENCE AND EVENTS TEAM
Southland Festival of the Arts We are nearing the end of the seventh annual Southland Arts Festival. Venture Southland programmes content, promotes the festival and manages specific events, providing a major focus for arts promotion and audience development in the creative sector. This year’s festival comprised thirty-two events showcasing seventeen performances, including a range of theatre, music, literary events and dance. Visual arts exhibitions in Southland galleries are also highlighted in the festival programme. The events held so far have been received very well with capacity houses at Java Dance and near capacity houses at Centrestage Theatre for shows such as The Pianist and Meeting Karpovsky.
This year’s free concert on Sunday 10 May received about 70 people at each of the two shows which was great to see.
This year’s community event “yarn-bombing” has been very successful with contributions coming in from schools; rest homes and the general public form across the region. A short video on Facebook has had reached over 9,000 people and a number of shares.
At the time of writing the festival heads off to the Southland District area with shows in Te Anau, Tokanui, Lumsden, Tuatapere and Stewart Island.
4 Yarn bombing in Esk Street, Invercargill
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5 More Yarn Bombing in Esk Street, Invercargill
ILT Kidzone The 2015 ILT Kidzone Festival will again be held at James Hargest College Senior Campus from Wednesday 8 July to Monday 13 July. The Invercargill Licensing Trust is once again our naming right sponsor for the festival – to be known as ILT Kidzone.
The ILT Kidzone booklet is out and has been distributed to all the Southland schools and pre-schools ahead of tickets going on sale on Monday, 18 May.
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We are currently in the process of recruiting the zone managers, sub-managers and other paid staff for this year’s festival. At this point in time there is a high return rate of those who were employed for the 2014 ILT Kidzone Festival which is a fantastic legacy for the event. Volunteer applications will open on Monday, 18 May with visits to the respective high schools prior to this date to discuss this fantastic opportunity to be arranged.
The entertainment for the festival is confirmed. There will be a great range of performers from singers to jugglers, and drummers to a super hero.
In terms of the activities at the festival, it will be jam-packed with hundreds of hands-on activities for kids of all kinds – creators, constructors, computer whizzes and sports stars! The old favourites will be back again as well as some new and exciting craft creations and a 7m high spider web.
Conference Attraction Venture Southland on behalf of the three territorial authority Mayors and the Chair of Environment Southland have put in a comprehensive bid to host the 2016 Local Government New Zealand Conference in the region. The conference attracts over 500 delegates and around 100 partners accompanying them. We recently had a site visit from the conference organiser and a representative from Local Government New Zealand. They were very impressed with the facilities we had to offer and also commented that the bid was extremely professional and they were taken with the fact that it was a regional bid and that we also had letters of support from neighbouring territorial authorities. The decision is made by the National Council of Local Government New Zealand at the end of May and announced at this year’s conference in July.
We are currently working with the i-SITE to put forward a bid for the 2016 i-SITE National Conference, this attracts approximately 140 delegates form the i-SITES around New Zealand. The conference involves workshop sessions along with a large emphasis on famils and so would be a great one for the region to host. The bid is due by June and a decision will be made at their board meeting in late June and announced at the conference in September.
DESTINATION FIORDLAND
Effectively Engage with Travel Trade • Autumn Trade Newsletter was sent out 1st April 2015 • Attended IBO/TNZ Trade training days in Auckland in April - • Attending TRENZ in May – 52 appointments with Inbound Tour Operators plus networking opportunities • Attended Training Day for TNZ USA Megafamil May 12 in Queenstown – 60 North American agents • Attended Japan Kiwi Link & sent report (attached)
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Trade Famils • PDNZ – joint famil with Venture Southland • Green Spot – inbound agent based in Taupo • Pre TRENZ famils x 5 • Post TRENZ famils x 3 • TNZ China Famil – 20 agents attending in June - Milford, Te Anau
Media Engagement • Korean TNZ IMP file for end of May – Motorhome and driving holiday focus • Backpacker Magazine USA 6-14 March (TNZ IMP) – 2 journalists for 10 days (Dusky Track, Kepler Track, Roscos Kayaking) • German Outdoor Magazine (TNZ IMP) – 2 journalists for 13 days (Dusky Track, Hollyford Track, Milford Track) • Japanese TV crew early March (TNZ IMP) – Milford Track (TNZ photoshoot at Key Summit • Decouvrir le Monde (TNZ IMP) – Overnight Doubtful Sound • Kathmandu Easter Sale promotion – Doubtful Sound & Te Anau • Daniel & Jennifer Carruthers in collaboration with Venture Southland (end of Feb) • TNZ photo shoot at Key Summit
Domestic Marketing • Field Days in Hamilton in June together with Venture Southland • On Your Doorstep campaign • Taste Magazine - Redcliff • Wilderness Magazine – March – Hollyford Track article • Kathmandu Easter Sale Advertising campaign
Develop & Communicate the DF brand • Visitor Guide 2016. • Friday radio slot continues • Ongoing liaison with TNZ re media stories & promotion of Destination Fiordland • Article in the Advocate continues through 2015 • Open Day 25th June • Planning Operator Expo for October
Use local events to promote the region • Te Anau Tartan Festival • New Event website LIVE • Big 3 at Queen’s Birthday weekend • Other events in the planning phase including a new Enduro event for Autumn next year
Effectively engage with, promote and support DF members • Networking function – 31st March – 40 attended • Fast Facts is distributed to 412 recipients and has an average open rate of 40% • Membership meetings to commence in June
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Develop & Maintain Key Relationships • SL IMA meetings • Attending Kiwi Link India & Singapore Frontline Training on behalf of Southern Lakes IMA • Southern Scenic Route • SOUTH
Develop & Nurture Relationship with Venture Southland • Attending 2015 Field Days in Hamilton – joint booth with Southland • Regular discussions re opportunities between Philippa Murrell and Warrick Low • On Your Doorstep Campaign • Worked together on conference bid for TEC Conference for Te Anau – not successful this time • Looking at potential joint media opportunities together with DOC • Daniel & Jennifer Carruthers Itinerary – both regions
Other DF Activity • Photo Competition – 11 to 13 September 2015
Recent International Media Results Go Travel New Zealand Magazine (NZ & AUS) – Autumn 2015 – Fiordland Lonely Planet Magazine – Routeburn Track (published Oct 2014) Trek Magazine – Fiordland’s Great Walks (published Oct 2014)
Domestic Media Results Air New Zealand Kia Ora Magazine – Feb 2015 – Doubtful Sound
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106 TO: COUNCIL
FROM: THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES
MEETING DATE: TUESDAY 16 JUNE 2015
GAMBLING POLICY REVIEW
Report Prepared by: Kari Graber – Planning and Reporting Analyst
SUMMARY
Council staff have made the changes requested by the Regulatory Services Committee prior to adoption of the Gambling Polices.
RECOMMENDATIONS
That the draft Gambling Policies be adopted for public consultation beginning 18 June 2015.
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? No 2. Is a budget amendment required? No 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? Yes 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No
FINANCIAL IMPLICATIONS
No financial implications arise from this report
GAMBLING POLICY
Staff have made changes at the request of the Regulatory Services Committee and included a map of current licenced gambling venues,(Appendix1) and copies of the draft policies for public consultation, (Appendix 2).
107 108 Makarewa Country !( Club WINTON-LORNEVILLEHIGHWAY APPENDIX 1 POMONA RD EAST
WALLACETOWN-LORNEVILLE HIGHWAY
!( LORNE-DACRE ROAD Whitehouse Hotel
STEELROAD
M yross Creek
MCIVOR ROAD
WEST PLAINS ROAD
BAINFIELD ROAD
NORTHROAD
GIMBLETT ST iver !( Waikiwi Waihopai R Tavern
QUEENS DRIVE
am e tr BAY ROAD i S iw k ai W
EXMOUTH STREET
HERBERT STREET FINDLAY ROAD
KELVINSTREET
RACECOURSE ROAD
DEESTREET
KING STREET FERRY ROAD Glengarry Tavern Legend !(Homestead !( Ascot Park ST ANDREW STREET Motor Hotel No. of Machines !(Northern YARROW STREET Tavern !( !( 0 - 5 EAST ROAD
GALA STREET 6 - 10 !( QUEENS DRIVE DEE ST LEET STREET!(Club YARROW STREETSouthland
!( 11 - 15 SPEY STREET Waxy Tilly's TAY ST O'Shea's!(!( IWMC !( !( 16 - 20 ESK STREET (! 2nd NZEF !(Kelvin Hotel TAY STREET 21 - 24OTATARA RD !( (! Players
CURRAN RD TWEED STREET District Boundary CLYDESTREET
TWEED STREET Parks & Reserves
ELLESROAD
BOWMONT STREET CENTRE STREET Newfield ROCKDALEROAD !( Tavern Appleby Tavern !( BALMORAL DRIVE STEAD ST Glasine Cafe !(!( South Invercargill TAB
BLUFF HIGHWAY FORESHORE ROAD
TRAMWAY ROAD RONS PLACE Eagle GORE STREET Hotel Golden Age DUNNS ROAD Tavern Southland !( Tavern BARROW STREET !( !( MCQUARRIE STREET
BOYNE STREET FOYLE STREET LEE STREET
MARINE PARADE
PALMER STREET SPENCER STREET BRADSHAW STREET BANN STREET LAGAN STREET ONSLOW STREET
SLANEYSTREET
LIFFEY STREET BANDON STREET ANN STREETTONE STREET BUDD STREET STIRRAT STREET
ELIZABETH STREET PARRETT STREET WICKLOW STREET THEODORE STREET
PEARCE STREET
Inset: Bluff Scale: 1:20,000 !( FLAGSTAFF ROAD Clifton Club Inn
Gambling statistics sourced from Department of Internal Affairs. ± Gambling Venues Information shown is the currently assumed knowledge as at date June 2015 printed. If information is vital, 109 confirm with the Authorative Owner. Current as at: 8/6/2015 E & O.E. 110 APPENDIX 2
CLASS 4 GAMBLING VENUES POLICY Reference Number: A1312892 Authorised by: Effective Date: Supersedes: Policy Owner: Invercargill City Council Purpose: To assist in limiting the harm of problem gambling in the This defines the statement of intent of community. the policy. To encourage responsible gambling practices and attitudes in Class 4 Venues. To reduce the number of electronic gaming machines in the community over time. To facilitate community involvement in decisions about gambling by ensuring that all communities in the Invercargill District are given the opportunity to consult with Council in a manner that is culturally appropriate.
INTRODUCTION
The Gambling Act 2003 came into force on 18 September 2003. Under Section 101 of the Act, the Council is required to adopt a policy to regulate the number and location of non-casino electronic gaming machines (Class 4), more commonly known as pokie machines. This policy is a review of Council’s December 2011 policy. . As of May 2015 the Invercargill District had 22 Class 4 gaming venues and 286 electronic gaming machines. This policy caps the number of electronic gaming machines at 286. . The Council has the ability to limit the number and location of venues and the number of electronic gaming machines. Council must have regard to the social impact of gambling in developing its policy. As required under the Act, this policy only applies to gambling venues licensed after 17 October 2001, or to venues licensed prior to this if they wish to increase the number of electronic gaming machines. . The Gambling Act 2003 Section 3 states its purpose as follows (a) control the growth of gambling; and (b) prevent and minimise harm from gambling, including problem gambling; and (c) authorise some gambling and prohibit the rest; and (d) facilitate responsible gambling; and (e) ensure the integrity and fairness of games; and (f) limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling; and (g) ensure that money from gambling benefits the community; and (h) facilitate community involvement in decisions about the provision of gambling This policy contributes towards achieving those outcomes. . This Class 4 Gambling Venues Policy covers gambling venues that are licensed to corporate societies . This policy is required to be reviewed three yearly.
111 page 1 DEFINITIONS
CBD—means the area defined by the map attached in appendix 2 Class 4 Gambling – means any activity that involves the use of a gaming machine outside a casino, and may be conducted only by a corporate society and only to raise money for authorised purposes. Class 4 Gambling Venue – means a place used to conduct Class 4 gambling ie premises with Class 4 gaming machines licensed under the Gambling Act 2003. This includes any TAB venue with gaming machines. Corporate Society – means a society that is: (a) Incorporated under the Incorporated Societies Act 1968 or (b) Incorporated as a board under the Charitable Trusts Act 1957 or (c) A company incorporated under the Companies Act 1993 that (i) does not have the capacity or power to make a profit and (ii) is incorporated and conducted solely for authorised purposes or, (d) A Working Men’s Club registered under the Friendly Societies and Credit Unions Act 1982. Corporate Societies may therefore include Clubs (RSA, sports clubs etc.), Trusts and Racing Clubs. Invercargill District – means all the area covered by the Invercargill Territorial Local Authority. New Venue -means any venue that has not held a Class 4 venue licence for six months or more or that has never held a Class 4 venue consent. The Council – means Invercargill City Council. POLICY STATEMENTS Electronic Gaming Machine (Class 4) Venues 4.2.1 Restrictions on venue and machine consents (i) The Council will not grant consent for the establishment of any additional Class 4 venues or additional gaming machines under this policy. (ii) A gambling venue consent is for one venue (one premises) and is not transferable to another venue unless consent is obtained from the Council, except as provided for in Clause 4.2.2. The consent is given to a venue at a given address, not to a person or business. (iii) Once a venue ceases to operate, the machine numbers will not be allocated to any new or existing venue except as specified in clause 4.2.2 below. (iv) Council will not provide consent under Sections 95(1)(f) or 96(1)(e) of the Gambling Act 2003 to any application by corporate societies with Class 4 licences seeking Ministerial discretion to increase the number of gaming machines permitted at a venue except as provided in clause 4.2.2 below.
112 page 2 4.2.2 Transfer or changes to existing venues and machine consents (i) If the owner of the principal business of the venue changes, the Council consent remains allocated to the venue. The new owner is not required to obtain Council consent but a new licence may be required from the Department of Internal Affairs (DIA). (ii) Council will consent to the transfer of a licence for an existing venue to a new venue where the venue will be operated by the same corporate society provided that the maximum number of gaming machines which can be transferred to the new venue will be nine. (iii) Two or more licensed Class 4 Clubs may apply to the Council to merge and increase the number of machines that can be operated at a venue, subject to a social impact study. Council consent will only permit the maximum number of 25 gaming machines to be the sum of the number of gaming machines in all of the corporate societies’ (the clubs that are merging) Class 4 venue licences at the time of application. (iv) Any substitute venues may only be established in the CBD area of the map attached and in the zones permitted in conjunction with the District Plan. Council must also consider the location suitable taking into account the matters referred to in Section 101(4) of the Gambling Act 2003. (v) Council will not provide relocation consent in areas that are outside of the CBD as defined in the attached map and are in conjunction with the District Plan.
ENCOURAGING RESPONSIBLE GAMBLING PRACTICES
. Two of the stated purposes of the Gambling Act 2003 are to “prevent and minimise the harm caused by gambling, including problem gambling’’ and to “facilitate responsible gambling”. . Enforcement and monitoring of gambling venues is the responsibility of the Department of Internal Affairs (DIA). . Regulations made under the Gambling Act 2003 set out: What constitutes an unsuitable venue. Requirements and restrictions regarding gambling machines. Requirements of venues to provide information about problem gambling. Requirements of venues to provide problem gambling awareness training to staff. . Council consent for a venue is not revocable once issued and cannot lapse or expire unless there is a period of six months or more where a Class 4 licence is not held for the venue. Further, Council has no retrospective powers with regards to any consented venues and cannot impose conditions subsequently on any venue which has an existing licence. . The Council is supportive of initiatives and actions that would help to ensure there is a balanced gambling environment in the city where potential harm is managed effectively, and where those who wish to gamble can do so safely. In this regard, Council encourages responsible gambling practices as outlined in Appendix 1. . Where Council has concerns about the operation of existing gambling venues these will be reported to the DIA. Council inspectors do not have enforcement powers over venues in terms of their gambling activities. . The provision of information by the venues about problem gambling is required under the regulations and is a key way of promoting responsible gambling. Where Council has concerns about a venue in this regard it will be reported to the DIA. PROCEDURES
(i) All applications will incur a fee which will be prescribed by the Council pursuant to section 150 of the Local Government Act 2002. (ii) Council will publicly notify applications for the merger or relocation of TAB Board Venues and Class 4 Gambling Venues and allow for public submissions to be lodged and heard. (iii) Applications for consent by the Council must be made to the Council on the prescribed form and include: Name and contact details of the applicant. Names of venue management staff.
113 page 3
Street address of premises being relocated and new proposed address. Fees. Any other information that may reasonably be required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices. REVIEW OF POLICY
The Council will review its Class 4Gambling Venues Policy within three years from the date on which this policy comes into effect.
Monitoring & Auditing: This section describes who and how the application of the policy will be monitored. Revision History: September 2007,December 2011, May 2015 Effective Date: Review Period: Every 3 years Associated Documents / References: Tab Venue Policy, NZ Census Index of Deprivation
114 page 4 APPENDIX 1
ENCOURAGE RESPONSIBLE GAMBLING PRACTICES
BEST PRACTICE SUPPORTING ACTION Host Responsibility and Harm The applicant has in place a host responsibility and harm minimisation Minimisation policy policy. The programme conforms to best practice as set out by national guidelines or standards should these become available. Location of gaming machines Electronic gaming machines sites should be located so that: . The facility is ancillary to a principal business and is not the primary purpose of the site. . The facility is separate from the area of the principal business so that the legal age limit of 18 can be observed and enforced. Staff training programme or The applicant demonstrates that staff and management are familiar with activities its Host Responsibility and Harm Minimisation policy. The programme provides information on: . The potential effects of gambling on customers. . The identification of problem gambling traits. . The processes for approach, intervention and follow up for patrons with suspected problem gambling. . Identification practices for patrons appearing under 25 and actions to be followed. . Systems in place to support self barring. . Recognition of intoxicated patrons and steps to be followed to prevent intoxicated patrons from gambling. . Systems to be followed if children are left unattended in premises or nearby premises. Policy on under age access to The licensee must ensure that appropriate signage is in place indicating gambling machines age restrictions so that this is visible at every gambling machine and at the point(s) of entry into the gambling area. Policy on identification checks for patrons appearing under 25. Staff training on identification of patrons appearing under 25 and actions to be followed. Provision of problem gambling The licensee must ensure that patrons have access to appropriate information information on problem gambling and problem gambling help services. Gambling help line phone number information is placed on or near all gambling machines. Additional material on problem gambling and help services displayed in at least one other area within the premises, situated near to gambling machines. Clocks are visible in premises The licensee ensures that clocks are visible from gambling machines and are displayed on a wall large enough to be seen from a distance. There is good visibility where Natural or artificial light illuminates the area where gambling machines gambling machines are located are located at all times when machine are in operation. Self barring of patrons is The licensee ensures that systems to support self barring and exclusion supported by patrons are put in place. There is staff training on systems to support self barring or exclusion of patrons.
115 page 5 BEST PRACTICE SUPPORTING ACTION Children are not left unattended The licensee will take active steps to prevent parents leaving their while gambling is undertaken children unattended without adult supervision including: . Requiring employees to report incidents where a child had been left unattended, either inside the premises or immediately outside the premises, and . Where the child has been left unattended, the licensee will take steps to locate an adult responsible for the child. If this attempt is unsuccessful, the licensee will contact the police. Intoxicate patrons are prevented Staff training on identification of intoxicated patrons and actions to be from gambling followed if intoxicated patrons attempt to gamble. The licensee will take all practicable steps to ensure that no person who appears intoxicated is allowed to gamble.
116 page 6 APPENDIX 2
117 page 7 118
TAB GAMBLING VENUES POLICY Reference Number: A1347208 Authorised by: Effective Date: Supersedes: Policy Owner: Invercargill City Council Purpose: To assist in limiting the harm of problem gambling in the This defines the statement of intent of community. the policy. To encourage responsible gambling practices and attitudes in stand alone TAB Board Venues. To facilitate community involvement in decisions about gambling by ensuring that all communities in the Invercargill district are given the opportunity to consult with Council in a manner that is culturally appropriate. INTRODUCTION
. As required under the Gambling Act 2003 the New Zealand Racing Board must seek consent of the Council if it intends to establish a stand-alone Board venue or TAB for sport race betting. DEFINITIONS
Board Venues (TAB Venue) – means premises that are owned or leased by the New Zealand Racing Board and where the main business carried on at the premises is providing racing, betting or sports betting services as provided for in the Gambling Act 2003 and under the Racing Act 2003. It covers stand-alone TAB Board Venues only and Council consent is not required under the legislation to establish a TAB facility in a bar, hotel or club. CBD—means the area defined by the map attached in appendix 2. Invercargill District – means all the area covered by the Invercargill Territorial Local Authority. New Venue - any venue that has not held a venue licence for six months or more or that has never held a venue consent. The Council – means Invercargill City Council. POLICY STATEMENTS
Transfer or changes to existing venues (i) If the owner(s) of the principal business of the venue changes, the Council consent remains allocated to the New Zealand Racing Board for the venue. The new owner is not required to obtain a Council consent but a new licence may be required from the Department of Internal Affairs (DIA). (ii) Council will consent to the transfer of a licence for an existing venue to a new venue only in the Central Business District (CBD) area of the map attached. Council must also consider the location suitable taking into account the matters referred to in Section 101(4) of the Gambling Act 2003. (iv) Any substitute venues may only be established in the zones permitted for this purpose in the Invercargill City Council District Plan. Council must also consider the location suitable taking into account the matters referred to in Section 101(4) of the Gambling Act 2003. (v) Council will not provide relocation consent in areas that are outside of the CBD as defined in the attached map and are in conjunction with the District Plan.
119 page 1 ENCOURAGING RESPONSIBLE GAMBLING PRACTICES
. Two of the stated purposes of the Gambling Act 2003 are to “prevent and minimise the harm caused by gambling, including problem gambling’’ and to “facilitate responsible gambling”. . Enforcement and monitoring of gambling venues is the responsibility of the Department of Internal Affairs (DIA) . Regulations made under the Gambling Act 2003 set out: What constitutes an unsuitable venue. Requirements of venues to provide information about problem gambling. Requirements of venues to provide problem gambling awareness training to staff. . A Council consent for a venue is not revocable once issued and cannot lapse or expire unless there is a period of six months or more where a TAB licence is not held for the venue. Further, Council has no retrospective powers with regards to any consented venues and cannot impose conditions subsequently on any venue which has an existing licence. . The Council is supportive in general of initiatives and actions that would help to ensure there is a balanced gambling environment in the city where potential harm is managed effectively, and where those who wish to gamble can do so safely. In this regard, Council encourages responsible gambling practices as outlined in Appendix 1. . Where Council has concerns about the operation of existing gambling venues these will be reported to DIA. Council inspectors do not have enforcement powers over venues in terms of their gambling activities. . The provision of information by the venues about problem gambling is required under the regulations and is a key way of promoting responsible gambling. Where Council has concerns about a venue in this regard it will be reported to DIA. PROCEDURES
(i) All applications will incur a fee which will be prescribed by the Council pursuant to section 150 of the Local Government Act 2002. (ii) Council will publicly notify applications for the merger or relocation of TAB Board Venues and allow for public submissions to be lodged and heard. (iii) Applications for consent by the Council must be made to the Council on the prescribed form and include: Name and contact details of the applicant. Names of venue management staff. Street address of premises being relocated and new proposed address. Fees. Any other information that may reasonably be required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices. REVIEW OF POLICY
The Council will review its Gambling Venues Policy within three years from the date on which this policy comes into effect.
Monitoring & Auditing: This section describes who and how the application of the policy will be monitored. Revision History: September 2007, December 2011, May 2015 Effective Date: Review Period: Every 3 years Associated Documents / References: Class 4 Gambling Venues Policy
120 page 2 ENCOURAGE RESPONSIBLE GAMBLING PRACTICES
BEST PRACTICE SUPPORTING ACTION Host Responsibility and Harm The applicant has in place a host responsibility and harm minimisation Minimisation policy policy. The programme conforms to best practice as set out by national guidelines or standards should these become available. Staff training programme or The applicant demonstrates that staff and management are familiar with activities its Host Responsibility and Harm Minimisation policy. The programme provides information on: . The potential effects of gambling on customers. . The identification of problem gambling traits. . The processes for approach, intervention and follow up for patrons with suspected problem gambling. . Identification practices for patrons appearing under 25 and actions to be followed. . Systems in place to support self barring. . Recognition of intoxicated patrons and steps to be followed to prevent intoxicated patrons from gambling. . Systems to be followed if children are left unattended in premises or nearby premises. Policy on under age access to The licensee must ensure that appropriate signage is in place indicating TAB Venues age restrictions so that this is visible. At the point(s) of entry into the gambling area. Policy on identification checks for patrons appearing under 25. Staff training on identification of patrons appearing under 25 and actions to be followed. Provision of problem gambling The licensee must ensure that patrons have access to appropriate information information on problem gambling and problem gambling help services and the gambling help line phone number information. Additional material on problem gambling and help services displayed in at least one other area within the premises. Clocks are visible in premises The licensee ensures that clocks are visible from gambling machines and are displayed on a wall large enough to be seen from a distance. Self barring of patrons is The licensee ensures that systems to support self barring and exclusion supported by patrons are put in place. There is staff training on systems to support self barring or exclusion of patrons.
BEST PRACTICE SUPPORTING ACTION Children are not left unattended The licensee will take active steps to prevent parents leaving their while gambling is undertaken children unattended without adult supervision including: . Requiring employees to report incidents where a child had been left unattended, either inside the premises or immediately outside the premises, and . Where the child has been left unattended, the licensee will take steps to locate an adult responsible for the child. If this attempt is unsuccessful, the licensee will contact the police. Intoxicated patrons are Staff training on identification of intoxicated patrons and actions to be prevented from gambling followed if intoxicated patrons attempt to gamble. The licensee will take all practicable steps to ensure that no person who appears intoxicated is allowed to gamble.
121 page 3 APPENDIX 2
122 page 4 TO: COUNCIL
FROM: THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES
MEETING DATE: TUESDAY 16 JUNE 2015
DOG CONTROL POLICY AND BYLAW
Report Prepared by: Kari Graber – Planning and Reporting Analyst
SUMMARY
Council staff have made changes requested by the Regulatory Services Committee prior to adoption of the Dog Control Policy and the Dog Control Bylaw 2015/1.
RECOMMENDATIONS
That the Dog Control Policy and Dog Control Bylaw 2015/1 be adopted by Council.
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? Yes 2. Is a budget amendment required? No 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? Yes 5. Have the views of affected or interested persons been obtained and is any further public consultation required? Yes
FINANCIAL IMPLICATIONS
No financial implications arise from this report
DOG CONTROL POLICY AND BYLAW
After submissions hearings staff have made changes at the request of the Regulatory Services Committee. The updated Policy and Bylaw reflecting these changes are included in Appendix 1.
123 124 APPENDIX 1
INVERCARGILL CITY COUNCIL
Bylaw 2015/1 – Dog Control
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126 CONTENTS
SECTION Page
1. Short Title and Commencement ...... 1 2. Object of Bylaw ...... 1 3. Repeal ...... 1 4. Exclusions ...... 1 5. Interpretation ...... 1 6. Shelter for Dogs ...... 2 7. Control of Dogs ...... 3 8. Bitches in Season...... 3 9. Dogs On or In Vehicles...... 4 10. Infectious or Infested Dogs ...... 4 11. Fouling by Dogs ...... 4 12. Impounding of Dogs ...... 4 13. Nuisance ...... 4 14. Dangerous Dogs ...... 5 15. Menacing Dogs ...... 5 16. Limitation on Number of Dogs ...... 6 17. Dogs in Public Places ...... 6 18. Leash Control Area ...... 6 19. Non Designated Dog Areas ...... 6 Schedule 1 ...... 8 Appendix 1 …………………………………………………………………………………………..9
127
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128 INVERCARGILL CITY COUNCIL BYLAW 2015/1 – DOG CONTROL
A Bylaw of the Invercargill City Council made in pursuance of the powers contained in the Dog Control Act 1996 and the Local Government Act 2002.
1. SHORT TITLE AND COMMENCEMENT
1.1 This Bylaw shall be known as “The Invercargill City Bylaw 2015/1 – Dog Control” and is made for the effective control and regulation of dogs in the Invercargill City Council boundaries.
1.2 This Bylaw shall come into force on
2. OBJECT OF BYLAW
2.1 The Bylaw is made primarily under the authority of Section 20 of the Dog Control Act 1996 and the provisions of the Local Government Act 2002.
2.2 The primary purpose of the Bylaw is to protect and enhance the safety of the public, while providing dogs and their owners with the ability to satisfy their recreational needs. It also seeks to minimise distress and nuisance caused by dogs to the community as far as is practicable through legislative means.
3. REPEAL
The Invercargill City Council Bylaw 2008/2 - Animal Control is hereby repealed from the day this Bylaw comes into force.
4. EXCLUSIONS
This Bylaw only applies to dogs.
This Bylaw does not include Animal Welfare matters.
5. INTERPRETATION
In this Bylaw, unless inconsistent with the context:
CENTRAL BUSINESS DISTRICT means all that area contained within and including Tay Street, Deveron Street, Yarrow Street and Dee Street, Invercargill.
CITY means the City of Invercargill.
COUNCIL means the Invercargill City Council.
DISABILITY ASSIST DOG means a dog defined as a disability assist dog under Section 2 of the Dog Control Act 1996 and specifically includes a dog certified by one of the following organisations as being a dog trained to assist (or as being a dog in training to assist) a person with a disability:
Page 1 129 a. Hearing Dogs for Deaf People New Zealand
b. Mobility Assistance Dogs Trust
c. New Zealand Epilepsy Assist Dogs Trust
d. Royal New Zealand Foundation of the Blind
e. Top Dog Companion Trust
DISTRICT PLAN means the operative Invercargill District Plan pursuant to the Resource Management Act 1991.
OFFICER means an Animal Control Officer or Dog Ranger appointed under the Dog Control Act 1996 and includes an Honorary Dog Ranger.
OWNER means someone who owns a dog or has it for more than 72 hours or is a parent or guardian of an owner of a dog where the owner is under the age of 16.
PROPERTY means a piece of land or real estate.
PUBLIC PLACE means public place as defined in Section 2 of the Dog Control Act 1996.
RESERVE means any park, garden, plantation, forest, open space or ground set aside for public recreation or enjoyment and which is controlled or administered by Council.
WORKING DOG means working dog as defined under Section 2 of the Dog Control Act 1996.
6. SHELTER FOR DOGS
6.1 The owner of any dog shall provide for it a weatherproof kennel or place of confinement of adequate size with access to clean water, constructed on well- drained ground and, in the case of a kennel without other means of confinement, provided with a fixed chain or running wire which allows the dog free movement about the kennel. All kennels or places of confinement shall be kept in a reasonable, clean and sanitary condition. A place of confinement may include a dwelling.
6.2 No owner of any dog shall keep it on any property in any kennel other than a dwelling, any part of which is nearer than one meter to any boundary of that property. Exceptions will apply to properties that are too small to accommodate this, or a kennel is adjoining a solid fence or wall and does not cause a nuisance to neighbouring properties.
Page 2 130 7. CONTROL OF DOGS
7.1 The owner of any dog shall keep and prevent that dog from wandering or being at large in any public place. A dog shall be considered wandering or at large if the dog is not kept under continuous and effective control by means of a leash securely attached to a collar on the dog, with the exception of active working dogs.
7.2 Dogs should be appropriately confined when not under the control of their owner or a responsible person. Adequate confinement is interpreted as the following:
7.2.1 Dogs on property zoned urban or rural residential must not be allowed to intimidate the general public through charging or intimidation of any passers-by or neighbouring properties. Dogs must be confined to a space that provides adequate area for exercise and movement. This area shall be fully fenced.
7.2.3 In the case of a dog classified as menacing or dangerous, the dog is required to be kept in a securely fenced portion of the property which it is not necessary to enter to obtain access to at least one door of any dwelling on the property. The dog must also be kept in an area of the property where it does not prove to be a nuisance to the general public through charging or intimidation of any passer-by or neighbouring properties.
7.3 Officers have the right to inspect any property to ensure compliance with this Bylaw and may issue an infringement notice if the owner does not comply.
7.4 No person shall encourage a dog to fight or attack any person, animal or dog, and shall take all reasonable steps to prevent a dog or dogs from fighting or attacking any person, animal or dog.
7.5 No person, being the owner of a dog, shall encourage or permit any dog which has been classified as dangerous or menacing, or is known to rush at or attack any person, animal or dog, to be at large unless it is kept under continuous and effective control.
8. BITCHES IN SEASON
8.1 No person, being the owner or having control or charge of any bitch in season, shall take the same into any public place, or permit or suffer such dog to enter or remain in a public place, except when being taken to a veterinary clinic. Such bitches shall be kept confined but adequately exercised.
Page 3 131 9. DOGS ON OR IN VEHICLES
9.1 No person shall allow a dog to ride on or within any vehicle, or be on any road or public place, unless the dog is at all times kept under effective control so as to prevent the dog from leaving the vehicle or from attacking any passers-by.
9.1.2 Exemption to 9.1 is made for active working dogs to ride on or within any vehicle, or be on any road or public place.
10. INFECTIOUS OR INFESTED DOGS
10.1 No person being the owner of any infectious or infested dog shall take the dog into any public place or permit it to enter or remain in a public place.
10.2 Clause 10.1 does not apply if the purpose is transporting the infectious or infested dog to a veterinary clinic.
11. FOULING BY DOGS
11.1 Every person who, being the owner of a dog which defecates in any public place, or on any land or premises other than land or premises occupied by that person, shall immediately remove the faeces. Where a public litter bin or similar receptacle is used to dispose of the faeces, the faeces must be suitably wrapped or contained to prevent fouling of the receptacle.
12. IMPOUNDING OF DOGS
12.1 In cases where an Officer sees a dog wandering in a public place, that Officer will seize and impound the dog.
12.2 The Animal Care Facility will provide adequate and properly maintained facilities and resources for the care and safety of impounded dogs. Such dogs shall be humanely handled. Appropriate action will be taken to prevent the suffering of any diseased or injured dogs. Impounded dogs will be kept for a minimum of seven days if no owner has come forward to collect the dog and/or the Council has been unsuccessful in contacting the owner.
13. NUISANCE
13.1 Nuisance covers a wide range of issues and includes (but is not limited to) barking, dog faeces, roaming, and general dog activities. The owner of any dog, and the owner or occupier of any premises on which any dog or dogs are kept shall ensure it does not create a nuisance or annoyance by:
13.1.1 Ensuring the dog does not obstruct the lawful passage of persons in public places.
13.1.2 Ensuring the dog does not rush and/or frighten persons in a public place or lawfully on private property.
Page 4 132 13.1.3 Taking adequate precautions to prevent the dog or dogs, or the keeping thereof, from becoming a nuisance or annoyance.
13.2 If, in the opinion of the Council, any dog or dogs or the keeping thereof on any premises has become, or is likely to become, a nuisance, the Council may, by notice in writing, require the owner or occupier of the premises, within a time specified in such notice, to do all or any of the following:
13.2.1 Reduce the number of dogs kept on the premises.
13.2.2 Order the permanent removal of a dog/dogs on a property.
13.2.3 Construct, alter, reconstruct or otherwise improve the kennels, places of confinement or other buildings used to house or contain such dog or dogs to an acceptable and reasonable standard.
13.2.4 Require such dog or dogs to be tied up or otherwise confined during specific periods.
13.2.5 Take such other action as the Council deems necessary to minimise or remove the likelihood of nuisance.
14. DANGEROUS DOGS
Dangerous Dog has the same definition as in section 31(1) of the Dog Control Act 1996.
14.1 The owner of any dog classified as dangerous must follow these additional obligations:
14.1.2 The owner must ensure the provision of a secure area for the dog where it is possible to gain unrestricted access to at least one door of the dwelling.
14.1.2 The dog must be muzzled in any public place or when not confined in a vehicle or cage.
14.1.3 The owner may not dispose of the dog to any other person without the written consent of the Council.
14.1.4 The dog must be neutered within one month of the dog being classified as dangerous.
15. MENACING DOGS
Menacing Dog has the same definition as in section 33A of the Dog Control Act 1996.
15.1 The owner of any dog classified as menacing must follow these additional obligations:
15.1.1 Any dog, classified as menacing by any other territorial authority, that now resides in Council’s area must be neutered as per section 33EB of the Dog Control Act 1996.
Page 5 133 15.1.2 Any owner of a dog classified as menacing must follow these additional obligations:
a. Ensure the provision of a secure area where it is possible to gain unrestricted access to at least one door of the dwelling.
b. Ensure that the dog is muzzled in any public place or when not confined in a vehicle or cage.
c. Not dispose of the dog to any other person without the written consent of the Council.
16. LIMITATION ON NUMBER OF DOGS
16.1 No occupier of premises, other than those within areas zoned “Rural” by the District Plan, shall keep more than two dogs over the age of three months at any one time, unless that person holds a licence from the Council to do so.
16.2 Upon written application, the Council may grant such licence subject to such terms, conditions and restrictions as the Council considers necessary or desirable in any particular case.
16.3 Every application for a licence shall be made to the Council in writing in such form as the Council may from time to time require.
16.4 Every application for a licence shall be accompanied by such fee detailed in Council’s Annual Plan. Every such licence shall remain in force from the issue date for a total of three (3) years.
16.5 The fee for such licence shall be payable in addition to the dog registration fees. This does not apply to ownership of three dogs as at July 2015.
17. DOGS IN PUBLIC PLACES
The Council may prohibit dogs from certain areas where it considers it necessary for the protection of the health and safety of the public or where it is considered desirable due to intense public use or the need to protect an area from dogs or for such other purpose as the Council may from time to time consider appropriate. Please refer to Schedule 1 for a list of dog prohibited areas.
18. LEASH CONTROL AREA
18.1 Where a dog is in a public area, it must be on a lead and under control at all times.
18.2 Dog owners must ensure that their dog is kept under control at all times, and when in public places, dogs must be on a lead held by a person who is capable of controlling the dog. This is to protect public safety and also help to ensure the safety of dogs and other animals. Public areas are listed under Schedule 1. 19. NON DESIGNATED DOG AREAS
Page 6 134 19.1 All dogs must be kept under proper and effective control at all times. A dog may be allowed to be unrestrained in any area that is not defined by a Council Bylaw as a leash control area or prohibited area provided that the dog is properly controlled.
Page 7 135 SCHEDULE 1
DOG AREAS
DOG PROHIBITED AREA
The Council may prohibit dogs from certain areas where it considers it necessary for the protection of the health and safety of the public or where it is considered desirable due to: • intense public use, or • the need to protect an area from dogs, or • for such other purpose as the Council may from time to time consider appropriate.
The following areas within the District are designated as prohibited areas for dogs:
The Central Business District – The area contained within and including Tay, Deveron, Yarrow and Dee Streets, Invercargill.
Events that are organised by Council unless otherwise publicised.
Children’s Playgrounds – Within ten metres of children’s play equipment, skateboard ramps and paddling pools.
Sports Fields – The designated playing areas of all marked sports fields.
Ponds and Lagoons on Reserves – Including the areas around Sandy Point and Donovan Park ponds and lagoons.
Tiwai Peninsula.
LEASH CONTROL AREA
Where a dog is in a public area, it must be on a lead and under control at all times.
Dog owners must ensure that their dog is kept under control at all times, and when in public places, dogs must be on a lead held by a person who is capable of controlling the dog.
This is to protect public safety and also help to ensure the safety of dogs and other animals.
A public area includes: • All streets and roads. • Footpaths and walkways. • Parks and reserves. • Cemeteries and crematorium. • Formed walking tracks on reserves. • (Excluding the Elles Road dog park)
Page 8 136 APPENDIX 1
DOG OFF LEAD MAP
Parks where dogs can be exercised off lead. The green areas of the map indicate where dogs can be exercised off lead.
Page 9 137 Page 10 138 DRAFT DOG CONTROL POLICY Reference Number: A1291593 Authorised by: Effective Date: Supersedes: Dog Control Policy 2011/1 Policy Owner: Invercargill City Council Purpose: • To help promote responsible dog ownership, dog care and dog This defines the statement of intent of welfare. the policy. • To minimise the fear of dogs attacking and intimidating people. • Identification of places in which dogs are prohibited including areas where children play. • To minimise danger, distress and nuisance caused by dogs. The purpose of this Policy is to outline how the Invercargill Animal Services will fulfil its responsibility under the Dog Control Act 1996. This Policy is a tool for Dog Owners and Animal Control Officers to use to create a mutual understanding of expectations. Dog ownership contributes to people’s health and well-being through companionship and the need to regularly exercise dogs. This Policy promotes good dog care and control through the use of education and registration as well as enforcement measures. Scope: This policy applies to all employees of Invercargill City Council and This defines who the policy applies to. to all dog owners in the Invercargill City Council area.
DEFINITIONS (of any terms or acronyms) ACT – means the Dog Control Act 1996. COUNCIL – means the Invercargill City Council. DISABILITY ASSIST DOG – means a dog defined as a disability assist dog under Section 2 of the Dog Control Act 1996 and specifically includes a dog certified by one of the following organisations as being a dog trained to assist (or as being a dog in training to assist) a person with a disability: a. Hearing Dogs for Deaf People New Zealand b. Mobility Assistance Dogs Trust c. New Zealand Epilepsy Assist Dogs Trust d. Royal New Zealand Foundation of the Blind e. Top Dog Companion Trust INFRINGEMENT OFFENCE – an offence specified in Schedule 1 of the Dog Control Act 1996. LEASH – means a lead which is capable of restraining a dog. OFFICER – means an Animal Control Officer or Dog Ranger appointed under the Dog Control Act 1996 and includes an Honorary Dog Ranger. OWNER – means someone who owns the dog or has it for more than 72 hours or is the parent or guardian of an owner of a dog where the owner is under the age of 16. RESPONSIBLE DOG OWNER – an owner who has been granted this status by the Council and has had a dog registered for a minimum of 1 year with no complaints, has adequate fencing to contain the dog at all times and has unimpeded access to the dwelling that still keeps the dog contained. THE DISTRICT – means the area under the authority of the Invercargill City Council.
Draft Dog Control Policy 139 page 1 WORKING DOG – means working dog as defined under Section 2 of the Dog Control Act 1996. BACKGROUND
Dog control remains an important regulatory function for all territorial local authorities. Council would like to recognise the need to achieve positive and enduring relationships with the community. It is important for our Animal Control Officers to not just enforce the laws under the Act, but to educate and build strong relationships with the community. This means being supportive and helpful to both dog owners and non-dog owners. The Act also reinforces responsible dog ownership through provisions for education, welfare, and training of dogs. Owners, who fail to fulfil their obligations, may face a wide range of penalties including infringement notices, higher registration fees and fines. It is the Council’s duty to ensure that they develop and adopt policies, which support the intention of the Act. This document serves to clarify and give detail to dog control in the district. DOG AREAS DOG PROHIBITED AREA The Council may prohibit dogs from certain areas where it considers it necessary for the protection of the health and safety of the public or where it is considered desirable due to: • Intense public use, or • The need to protect an area from dogs or for such other purpose as the Council may from time to time consider appropriate. The following areas within the District are designated as prohibited areas for dogs: Children’s Playgrounds – Within ten metres of children’s play equipment, skateboard ramps and paddling pools. Events that are organised by Council unless otherwise publicised. Ponds and Lagoons on Reserves – Including the areas around Sandy Point and Donovan Park ponds and lagoons. Sports Fields – The designated playing areas of all marked sports fields. The Central Business District – The area contained within and including Tay, Deveron, Yarrow and Dee Streets, Invercargill. Tiwai Peninsula. CONTROLLED DOG AREA The following Controlled Dog Areas apply in the District: Awarua Wetlands – Department of Conservation Permit is required to bring a dog into this area. LEASH CONTROL AREA Where a dog is in a public area, it must be on a lead and under control at all times. Dog owners must ensure that their dog is kept under control at all times, and when in public places, dogs must be on a lead held by a person who is capable of controlling the dog. This is to protect public safety and also help to ensure the safety of dogs and other animals. A public area includes: • All streets and roads. • Footpaths and walkways. • Parks and reserves. • Cemeteries and crematorium. • Formed walking tracks on reserves. NON DESIGNATED DOG AREAS All dogs must be kept under proper and effective control at all times. A dog may be allowed to be unrestrained in any area that is not defined by a Council Bylaw as a leash control area or prohibited area provided that the dog is properly controlled.
Draft Dog Control Policy 140 page 2 DOG EXERCISE AREA Invercargill is a city characterised by large amounts of open space to which the public has access. Most of this open space is suitable for exercising dogs provided they are kept under control and owners are responsible in exercising control. Council does not intend to designate any area within a leash control area for use as a dog exercise area. Dogs may be exercised off the lead in the following areas (Appendix 1): Donovan Park – excluding marked sports fields and the pond area. Elizabeth Park – excluding playgrounds and walking tracks. Elles Road Dog Park – within the confines of the fenced Dog Park. Oreti Beach – a reasonable distance away from people so as not to cause a nuisance or distress. Sandy Point Domain – excluding playgrounds, marked sports fields and the ponds and lagoons. Dogs must be on a lead while on or within five metres of the walking track. Turnbull Thomson Park – excluding playgrounds and marked sports fields. Waihopai Walkway – the river margins along the entire walkway upstream of Stead Street, excluding areas where stock is being grazed. Dogs must be on a lead while on or within five metres of the walking track. REGISTRATION
Every person in possession of a dog greater than three months in age must register their dog annually with the Council. Owners registering their dog for the first time will be required to come into Council’s office to complete a dog registration form and to sign it as the dog owner. Registration commences for any given year on 1 July. When a dog is re-homed from one owner to another, both owners are required to notify Council of the change of ownership for registration purposes. When a dog is relocated to the Council from another Council, the tag is to be surrendered to Council, upon which a new tag containing Invercargill City Council details will be issued to the owner at no extra charge provided the registration is current. In the event of the death of a dog, the owner must notify Council in writing. On receipt of written notification, Council will issue a refund for the remainder of the registration year. If owners do not meet the obligations to register their dogs or notify Council of a change of address or ownership, enforcement actions may be initiated and fines may be imposed. MICRO CHIPPING
• All dogs, except working dogs registered for the first time as of July 30 2006, must be micro-chipped. • A micro-chip certificate is to be provided for all newly registered dogs within 30 days of registering the dog. Failure to do so may result in the issue of an infringement notice. • Any dog that is unregistered and is impounded will be required to be micro-chipped and registered prior to release. DOG OWNER CLASSIFICATION
Council has two dog owner classifications, and these determine the classification. The two categories are Standard Dog Owners and Responsible Dog Owners. STANDARD DOG OWNERS All owners not classified as category “Responsible Owner”, along with those owners whose dogs have been classified as Menacing or Dangerous shall be classified as “Standard”. RESPONSIBLE DOG OWNERS Responsible dog owners will receive a discount on registration to recognise their high-quality dog ownership history. An owner may be granted this category upon fulfilling the following criteria; • Having the dog registered for a period of at least one year and Council having received no justified complaints or infringements.
Draft Dog Control Policy 141 page 3 • The owner must be able to show an Officer that their property is adequately fenced to contain the dog(s) at all times. • The owner must be able to keep the dog contained in a manner that allows unimpeded access to the dwelling. • The dog must be micro-chipped. • Registration must be paid on time. • The owner must submit and pass a knowledge test on responsible dog ownership. The owner will need to fill in a responsible dog owner application and a completed test as well as accepting the terms required for inclusion in this category. An Officer may revoke the privileges associated with this category and remove the owner’s classification if they have good reason to believe that the terms of the classification have not been or are not being complied with. The owner concerned will then be ineligible for reassessment for inclusion in the “Responsible Owner” status for a two year period. PROBATIONARY OWNERS
Owners will be included in this class if they have received three or more infringement notices in a 24 month period or if they have been prosecuted under the Act. The Director of Environmental and Planning Services has the delegation to declare any owner probationary, in accordance with the provisions of section 21 of the Act. An owner will remain a probationary owner for a period of 24 months. The probationary classification has the following effect: • The owner is not allowed to own any additional dogs other than the ones registered and in their possession at the time probationary status is given. • The owner must dispose of any unregistered dogs. The Council will provide any probationary owner with notice of the effects of the classification and information on how to object to the classification. Owners have the right to object to this classification at any time, but no objection may be lodged within 12 months of the hearing of any previous objection to the classification. In the event of an objection the matter will be referred to Council’s Hearings Panel for determination. Council may choose to appoint an independent commissioner to hear and determine any objection. In considering an objection Council will take the following factors into account: • The circumstances and nature of the offence(s). • The competence of the person in terms of being a responsible dog owner. • The matters advanced in support of the objection and any other relevant matters. Council encourages owners to undertake approved education and obedience courses as a means of reducing the probationary period. DISQUALIFICATION OF OWNERS
Individuals will be disqualified from owning dogs for a period of up to five years in accordance with section 25 of the Act. These include: • A person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months. • A person is convicted of an offence (not being an infringement offence) against the Act. If an owner is classified as probationary and they commit further offence/s the owner will be disqualified from owning a dog. The disqualified owner must dispose of any dogs in their possession within 14 days and may not transfer ownership to another person residing in the same dwelling. Council will provide any disqualified owner with notice of the effects of disqualification and information on how to object to the disqualification. Council has delegated authority for disqualifying owners to the Director of Environmental and Planning Services. Any owner disqualified may object to the disqualification. Council’s Hearings Panel would then determine the matter.
Draft Dog Control Policy 142 page 4 DANGEROUS DOGS
Under the Act a dog will be classified as dangerous for the following reasons: • If the owner has been convicted under section 57A(2) of the Act. • Where there is sworn evidence that the dog has shown aggressive behaviour. • Where the aggressive behaviour of any dog constitutes a threat to the safety of any person, stock, poultry, domestic animal or protected wildlife. • Where the owner admits that the dog is dangerous. Council has delegated to both the Director of Environmental and Planning Services and the Manager Environmental Health and Compliance, the authority to classify dogs as dangerous. Any owner of a dog classified as dangerous must follow these additional obligations: • Ensure the provision of a secure area where it is possible to gain unimpeded access to a door of the residential dwelling house. • Ensure that the dog is muzzled in any public place or when not confined in a vehicle or cage. • Not dispose of the dog to any other person without the written consent of Council. • Ensure that the dog is desexed. • Pay 150% of the standard owner registration fee. MENACING DOGS
Council considers a dog menacing if there has been reports or observations of menacing behaviour or Council considers that it poses a threat to people, wildlife, stock, domestic animals or poultry. Dog owners have up to 14 days after receiving notice of the classification to object in writing to Council in regard to the classification; and have the right to be heard in support of the objection. The following breeds are considered menacing automatically under the Act: • American Pit Bull Terrier • Dogo Argentinio • Brazilian Fila • Japanese Tosa • Perro de Presa Canario Any owner of a dog classified as menacing must follow these additional obligations: • Ensure that the dog is muzzled in any public place or when not confined in a vehicle or cage. • Ensure that the dog is desexed within one month. ENFORCEMENT
Council recognises that the majority of dog owners are responsible and that for most owners, an explanation of an issue will suffice in fixing the problem. This will be the first step in Council’s enforcement protocol, providing the incident does not involve injury or distress to an animal or person, and there are no health issues associated. In some instances a written warning will be issued. If Council records indicate that two or more written warnings have been issued in a 12 month period, the offence may be dealt with by issuing an infringement notice. Officers have the authority to issue an infringement notice at any time if they feel the situation warrants. This can occur either in the field or after subsequent investigation. ABATEMENT OF NUISANCE
Where in the opinion of the Officer the keeping of any dog(s) on a premise is, or is likely to become, a nuisance the Officer may issue the owner with a written notice requiring the owner to take specific steps to solve the problem.
Draft Dog Control Policy 143 page 5 BARKING DOGS
When Council receives a complaint about a barking dog, the Officer will initiate a process to investigate the issue. If the problem continues despite efforts being taken to educate the owner and steps being taken to rectify the issue a notice may be issued, requiring the dog/s to be removed from the property. The owner can appeal this notice and any appeal will be determined by Council’s Hearings Panel. If the notice is not complied with Council may undertake enforcement actions. A barking dog complaint will be deemed to be invalid where: • The complainant is highly intolerant to the dog barking at all. • No other neighbours deem the barking to be unreasonable. • An Officer has undertaken their own monitoring and investigations and found that the barking of the dog is not unreasonable. In these circumstances the complainant will be advised that, for the above reasons, their complaint will not be taken any further. WANDERING DOGS
Where an Officer sees a dog wandering in a public place, that Officer will seize and impound the dog. If it is not possible to seize the dog, that Officer may follow it home and interview the apparent owner with a view to obtaining admission of ownership. An infringement notice may be issued if the Officer deems this appropriate. At the Officer’s discretion, in some instances if a wandering dog can be identified, it may be returned to its home address and released provided that the owner is at home to establish ownership and take possession of the dog. A warning or infringement notice may be issued and a return fee will be charged. DOG ATTACKS OR BITING
Where a dog attacks or bites a person, and where the victim was going about their lawful business, Council will consider instigating legal action under section 57 and / or 58 of the Act against the dog owner or person in charge of the dog at the time of the offence. Council will require a written statement of complaint from the complainant. Upon conviction Council may ask the Court for a destruction order or declare the dog a dangerous dog. PROSECUTION
Where an offence is considered to be serious enough and sufficient evidence exists Council will prosecute an offender in the District Court. These include, but are not limited to, the following situations where the dog has: • Caused significant damage to property. • Caused significant damage or injury to any person or animal, domestic or wild. • Caused severe distress. • Caused danger, distress or nuisance to any person or the community on a number of occasions. • Not complied with the dangerous or menacing classification requirements. Prosecution will be considered for offences against the Act or any Council Bylaw. In all circumstances, Council has delegated to the Director of Environmental and Planning Services the authority to determine whether to proceed with prosecution. IMPOUNDING IMPOUNDING DOGS The Animal Care Facility will provide adequate and properly maintained facilities and resources for the care and safety of impounded dogs. Such dogs shall be humanely handled. Appropriate action will be taken to prevent the suffering of any diseased or injured dogs. Impounded dogs must be kept for seven days if no owner has been contacted or come forward to collect the animal. Where a dog is repeatedly found wandering, the Officer must be satisfied that the correct measures have been taken to prevent wandering before the dog will be released back to the owner.
Draft Dog Control Policy 144 page 6 RELEASING DOGS Dogs shall only be released by prearranged appointment from the care facility under the following circumstances: • All fees must be paid prior to release. • An Officer is satisfied that the dog is registered. • An Officer is satisfied that the dog is micro-chipped. • An Officer is satisfied that the person obtaining the dog is the rightful owner of the dog or has been duly authorised by the rightful owner to act in that capacity. RE-HOMING UNCLAIMED DOGS A suitable unclaimed dog may be released to any person or organisation provided that: • An Officer at the care facility considers that person or organisation to be a suitable person. • The dog is vaccinated, registered, micro-chipped and the costs of such are met by the person or organisation wishing to provide a home for the dog. Council will not be held responsible for any dog that has fallen ill after re-homing or found to be ill once it has been released. Officers will always do their best to ensure the safety and health of dogs in the possession of Council. EUTHANASIA OF DOGS Impounded dogs that are not claimed within 7 days, and that are deemed by an Officer as unsuitable for re- homing, will be euthanised by humane means. Where the owner wishes that an impounded dog be euthanised, it will be arranged at the owner’s cost. All other relevant or accrued fees shall remain as a debt due to Council. DESEXING
Council recognises desexing as an effective means of reducing the negative aspects of a dog’s behaviour in many cases. Council may elect to subsidise the desexing of a dog where criteria relating to hardship is proven, and where it is deemed to be essential. A discount on registration fees is offered to owners who can show proof of desexing upon registration. FEES
The Act provides that Council can set reasonable fees for the registration and control of dogs. Council has given considerable thought to what level of fee is fair and reasonable. The main considerations are: • The overall philosophy is that the principle of user pays will apply, with a greater emphasis on recovery of fees from those owners who fail to meet their legal obligations. • In setting fees and charges for dog control in any year, Council is required to decide the most appropriate means of collecting revenue, having regard to fairness and efficiency for dog owners and the public alike. • The cost of registration should be in proportion to the level of service required for that class of owner/dog. • As nearly every function provided by the Animal Service Department has some element of public good, it is appropriate that ratepayers make some contribution. The Dog Control Act provides that different fees may apply for different classes of dogs or owners. This recognises and rewards a high level of responsible ownership and acts as an incentive for all dog owners to attain a high standard of care and control of their dog. On balance, having regard to all these considerations, Council has concluded that it will set uniform dog registration fees each year based on the classification of the owner.
Draft Dog Control Policy 145 page 7 DOG EDUCATION
Council considers that owner education is an effective way of informing dog owners of their responsibilities and minimising problems arising from dog ownership. Council intends to supports education through training programmes, providing and promoting educational material and making Officers available for educational visits to schools and other groups when requested. Council will also help educate people about on and off leash areas through the use of signage in public parks and other areas. GENERAL HEALTH AND WELFARE
The owner of any dog must ensure that the dog receives proper care and attention, is supplied with proper and sufficient food and water, and receives adequate exercise. Every owner of a dog shall ensure that the dog is provided with proper and sufficient shelter. Any kennels provided are required to be weatherproof and of adequate size with access to clean water, constructed on well drained ground and, in the case of a kennel without other means of confinement, provided with a fixed chain or running wire which allows the dog free movement about the kennel, and such kennel or place of confinement shall be kept in a clean and sanitary condition. A place of confinement may include a dwelling. If a kennel is not provided, dogs must have access to the interior of a building with an adequate sleeping area provided at night time. OFFENCES AND PENALTIES
Offences and Penalties are set by the Act. Council does not have the authority to set or alter fines. Penalties are reasonably high to discourage non-compliance and are set out in Schedule One of the Act. The following is a list of offences that may incur a fine if compliance is not achieved: Infringement Offences: Wilful obstruction of a dog control officer or dog ranger. $750.00 Failure or refusal to supply information or wilfully providing false particulars. $750.00 Failure to supply information or wilfully supplying false particulars about a dog. $750.00 Failure to comply with any Bylaw authorised by the section. $750.00 Failure to undertake dog owner education programme or dog obedience course (or $300.00 both). Failure to comply with obligations of probationary owner. $750.00 Failure to comply with effects of disqualification. $750.00 Failure to comply with effects of classification of dog as a dangerous dog. $750.00 Fraudulent sale or transfer of a dangerous dog. $500.00 Failure to comply with effects of classification of a dog as a menacing dog. $300.00 Failure to advise person of muzzle or leashing requirements. $100.00 Failure to implant microchip transponder in dog. $300.00 False statement relating to dog registration. $750.00 Falsely notifying death of dog. $300.00 Failure to register dog. $300.00 Fraudulent procurement or attempt to procure replacement dog registration label or $500.00 disk. Failure to advise change of dog ownership. $100.00 Failure to advise change of address. $100.00
Draft Dog Control Policy 146 page 8 Removal, swapping or counterfeiting of registration label or disk. $500.00 Failure to keep dog controlled or confined. $200.00 Failure to keep dog under control. $200.00 Failure to provide proper care and attention, to supply proper and sufficient food, $300.00 water, shelter and to provide adequate exercise. Failure to carry a leash in public. $100.00 Failure to comply with barking dog abatement notice. $200.00 Allowing dog known to be dangerous to be at large unmuzzled or unleashed. $300.00 Releasing dog from custody. $750.00 Please note if you are prosecuted under the Bylaw or a breach of the Act prosecution has higher penalties including terms of imprisonment and/or Community work. Offences other than Infringement Offences: Dogs attacking persons or animals. Dogs rushing at persons, animals or vehicles. Dogs causing serious injury.
Monitoring & Auditing: The Policy will be monitored by the Animal Services division of Council, with This section describes who and how the reports to Regulatory Services Committee as required. application of the policy will be monitored. Revision History: Effective Date: Review Period: This Policy will be reviewed every three (3) years unless earlier review is warranted by change in legislation or required by Council. Associated Documents / References: Invercargill City Council Bylaw 2015/1 – Dog Control
Draft Dog Control Policy 147 page 9 APPENDIX 1
DOG OFF LEAD MAP
Parks where dogs can be exercised off lead. The green areas of the map indicate where dogs can be exercised off lead.
Draft Dog Control Policy 148 page 10 TO: COUNCIL MEETING
FROM: COUNCILLOR IAN POTTINGER
MEETING DATE: 16 JUNE 2015
INVERCARGILL CITY HOLDINGS LIMITED - STATEMENT OF INTENT
Report Prepared by: Cr I R Pottinger
SUMMARY
This is a report by Councillor Pottinger concerning the modification of Invercargill City Holdings Limited, Statement of Intent to give effect to the Invercargill City Council’s resolutions made on December 2, 2014 regarding the use of capital by ICHL raised from the issue of 32,350,000 shares.
RECOMMENDATIONS
That the report be received;
AND THAT
In accordance with Schedule 8, Section 5(1) of the Local Government Act 2002, Council passes the following resolutions:
(1) That Council requests Invercargill City Holdings Limited to modify its Statement of Intent to state: “Invercargill City Holdings Limited will retain a buffer of $9,850,000 from its $100 million of uncalled capital that will not be invested.”
(2) That Council requests Invercargill City Holdings Limited to modify its Statement of Intent to state: “Funds resulting from the repayment of capital by Invercargill Airport to Invercargill City Holdings Limited that were allocated to the airport upgrade, will be used only in the future for preapproved Council investments.”
AND THAT
The recommendation also notes that in respect to schedule 8, section 5(2), effective consultation has been undertaken regarding the above, as evident in the material presented in this report.
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? No. 2. Is a budget amendment required? No. 3. Is this matter significant in terms of Council’s Policy on Significance? No.
149 4. Implications in terms of other Council Strategic Documents or Council Policy? Nil. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No.
SCHEDULE 8, SECTION 5 (LGA 2002): MODIFICATIONS OF STATEMENTS OF INTENT BY RESOLUTION OF SHAREHOLDER
(1) Despite any other provision of the Act or of the constitution of any council- controlled organisation, the shareholders of a council-controlled organisation may, by resolution, require the board to modify the statement of intent by including or omitting any provision or provisions of the kind referred to in Clause 9(1)(a) to (i), and any board to whom notice of the resolution is given must comply with the resolution.
(2) Before giving notice of the resolution to the board, the shareholders must consult the board concerned as to the matters to be referred to in the notice.
BACKGROUND
On December 2 2014 the Invercargill City Council passed the following resolutions (#8 and #10) in approving additional uncalled capital for Invercargill City Holdings Limited. Also highlighted below the resolutions is the relevant chapter from the consultation clarification document that describes in detail Option 2, which Council approved.
(8) Determines: in accordance with its discretion under section 79 of the LGA 02, that the Council's reasonably practicable options under section 77 of the LGA 02 are:
Option 1 Status Quo. No further shares are taken up and the contingent liability remains at $67,650,000.
Option 2 - A further 32,350,000 shares are taken up at $1.00 each. This will increase Council’s contingent liability to $100,000,000. Also, Council determines that it is not willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters.
Option 3 A further 32,350,000 shares are taken up at $1.00 each. This will increase Council’s contingent liability to $100,000,000. Also, Council determines that it is willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters.
150 (10) Approves: Option 2, [and accordingly approves and accepts the issue of the Shares];
It may seem quite clearly spelt out what Council’s intentions were in passing option 2. However the resolutions approved are not truly effective until the Statement of Intent of Invercargill City Holdings Limited is amended to include wording that restricts the use of $9.85 million of capital set aside as “buffer” and that the $22.5 million remains for preapproved Council investments.
Attached for reference are the resolutions from the December 2, 2014 meeting and schedule 8 (Statements of Intent) from the LGA2002.
RESUMPTION OF CONSIDERATION OF THE UNCALLED SHAREHOLDING PROPOSAL ITEM FROM THE ADJOURNED EXTRAORDINARY MEETING OF 21 OCTOBER 2014, FOLLOWING FURTHER CONSULTATION HAVING TAKEN PLACE
Moved His Worship the Mayor, seconded Cr Lewis that the Council adopts the following resolutions: 1. Notes that Invercargill City Holdings Limited (ICHL) has presented it with an offer for the issue of 32,350,000 ordinary shares (Shares) to Council for an issue consideration of $1.00 per share on the terms of an ICHL Board resolution dated [date]; 2. Notes that ICHL wishes to issue the Shares to provide support for bank borrowings by the Company to finance investments by ICHL that have already been approved. 3. Notes that ICHL requires the approval and acceptance of the Council before it may issue the Shares; 4. Notes that the Council has carried out consultation for the purposes of section 78 of the Local Government Act 2002 (LGA 02) on increasing its holding of unpaid shares in ICHL from its existing holding of 67,650,000 shares to an amount of up to 200,000,000 unpaid shares, and this consultation covered the Shares and the potential issue of further unpaid shares to support other investments by ICHL from time to time approved; \ 5. Notes that ICHL has since notified the Council that it is presently only seeking to issue the Shares, and does not propose to issue any part of the balance of unpaid shares consulted upon until appropriate investments require this; 6. Notes that ICHL has also advised that its anticipated future investment amount has reduced by $70,000,000, and that it currently anticipates a future further request to issue up to 30,000,000 unpaid shares when appropriate investment opportunities arise;
151 7. Notes that ICHL also now seeks an indication as to whether the Council might be willing to consider an extension of its uncalled capital support in the future in relation to certain investments (alternative energy joint ventures and smart meters) that were identified in the original request and the consultation materials; 8. Determines, in accordance with its discretion under section 79 of the LGA 02, that the Council's reasonably practicable options under section 77 of the LGA 02 are:
Option 1 Status Quo. No further shares are taken up and the contingent liability remains at $67,650,000.
Option 2 - A further 32,350,000 shares are taken up at $1.00 each. This will increase Council’s contingent liability to $100,000,000. Also, Council determines that it is not willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters.
Option 3 A further 32,350,000 shares are taken up at $1.00 each. This will increase Council’s contingent liability to $100,000,000. Also, Council determines that it is willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters.
9. Determines, in accordance with its discretion under section 79 of the LGA 02, that the discussion of the options, albeit in a somewhat modified form, in the consultation materials is sufficient for the purposes of sections 77 and 78 of the LGA 02; 10. Approves Option 2, [and accordingly approves and accepts the issue of the Shares]; 11. Agrees that giving approval of Option 2 will ensure prudent management of the Council's investments in a manner that promotes the current and future interests of the community, in accordance with section 101(1) of the Local Government Act 2002; and 12. Agrees that the Council shall sign a written resolution as shareholder of ICHL accordingly and authorises the Mayor to sign such a written resolution on behalf of the Council and to sign an acceptance of the offer of the Shares on behalf of the Council. 13. The Council is making a decision acknowledges it is making inconsistent decision (s80 LGA2002) as identified in the consultation document adopted by Council as its meeting 23 September 2014 for consultation purposes under the heading “Inconsistency of Council’s Proposal with its financial strategy” and for reasons set out under that heading, that it will amend its Long Term Plan 2012 – 2025 as set out under the heading “Securities Borrowing” and it will include reference to the implications of the potential liability in its 2015 – 2025 Long Term Plan as set out under the heading “Limits on Rates and Borrowing”.
1. INVERCARGILL CITY HOLDINGS LIMITED (Company)
SHAREHOLDERS' RESOLUTION REGARDING ISSUE OF SHARES
Special resolution as required pursuant to clause 2.1.2 of the Company's Constitution, passed in writing pursuant to section 122 of the Companies Act 1993 (Act) and clause 13.3 of the Company's constitution.
152 RESOLUTIONS
It is resolved as a special resolution that:
1. The Board is authorised to issue 32,350,000 ordinary shares (Shares).
2. The Board is authorised to issue the Shares for $1.00 per Share.
3. The following terms of issue are approved as the terms of the issue:
3.1 That the shares are ordinary shares ranking pari passu with the existing ordinary shares of the Company and having the rights set out in section 36(1) of the Act;
3.2 That the consideration for the shares be payable upon a call under clause 8 of the Company's constitution, provided that such a call may only be made if required to repay a debt facility the Company has in place to fund investments by the Company, in whole or in part; and
3.3 Calls may be made under clause 3.2 in respect of the whole or a part of the amount unpaid on the shares.
2. ACCEPTANCE OF OFFER AND CONSENT TO HOLDING OF SHARES IN INVERCARGILL CITY HOLDINGS LIMITED
INVERCARGILL CITY COUNCIL hereby:
1. Accepts the offer of 32,350,000 ordinary shares (Shares) in INVERCARGILL CITY HOLDINGS LIMITED made to it in the Board resolution of INVERCARGILL CITY HOLDINGS LIMITED dated the ______day of ______2014 on the terms of issue specified in that resolution; 2. Consents to becoming the holder of such shares in terms of section 50 of the Companies Act 1993; and 3. Waives its rights under clause 2.1.3 of the Company's constitution and section 45 of the Companies Act 1993 to receive the offer of the Shares by notice and for the offer to be open for a reasonable time.
3. INVERCARGILL CITY HOLDINGS LIMITED (Company)
BOARD RESOLUTION REGARDING ISSUE OF SHARES
Resolution in writing pursuant to clause 18.7 of the Company's constitution
BACKGROUND
A The Board wishes to issue 32,350,000 new ordinary shares to its shareholder, Invercargill City Council (Council), for an issue consideration of $1.00 per share, payable when called in accordance with the terms of issue specified below, to provide support for bank borrowings by the Company to finance investments by the Company that have already been approved by the Council.
B The Board has considered a report of the Chief Executive of the Company relating to uncalled capital. The report outlines the benefits to the Company of issuing further uncalled capital to support investments in its subsidiary companies.
153 RESOLUTIONS
It is resolved that:
1. 32,350,000 ordinary shares (Shares) in the Company be and are hereby offered for issue to Invercargill City Council for a consideration of $1.00 per Share. 2. The terms on which the Shares are to be issued are: 2.1 That the shares are ordinary shares ranking pari passu with the existing ordinary shares of the Company and having the rights set out in section 36(1) of the Companies Act 1993; 2.2 That the consideration for the shares be payable upon a call under clause 8 of the Company's constitution, provided that such a call may only be made if required to repay a debt facility the Company has in place to fund investments by the Company, in whole or in part; and 2.3 Calls may be made under clause 2.2 in respect of all or part of the amount unpaid on the shares.
1. In the opinion of the Board, the consideration for and terms of the issue are fair and reasonable to the Company and to the existing shareholder.
2. The shareholder be requested to approve the issue in accordance with clause 2.1.2 of the Company's constitution.
3. On approval and acceptance of the offer of Shares specified above, the shares be issued in accordance with the terms of issue.
Schedule 8 – Statement of Intent
1 Purpose of statement of intent • The purpose of a statement of intent is to—
o (a) state publicly the activities and intentions of a council-controlled organisation for the year and the objectives to which those activities will contribute; and
o (b) provide an opportunity for shareholders to influence the direction of the organisation; and
o (c) provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.
2 Statements of intent for council-controlled organisations • The board of a council-controlled organisation must deliver to its shareholders a draft statement of intent on or before 1 March each year.
3 Completion of statements of intent • The board must—
o (a) consider any comments on the draft statement of intent that are made to it within 2 months of 1 March by the shareholders or by any of them; and
o (b) deliver the completed statement of intent to the shareholders on or before 30 June each year.
154 4 Modifications of statements of intent by board • The board may, by written notice, modify a statement of intent at any time if the board has first—
• (a) given written notice to the shareholders of the proposed modification; and
• (b) considered any comments made on the proposed modification by the shareholders or by any of them within—
o 1 month after the date on which the notice under paragraph (a) was given; or
o any shorter period that the shareholders may agree.
5 Modifications of statements of intent by resolution of shareholders • (1) Despite any other provision of the Act or of the constitution of any council- controlled organisation, the shareholders of a council-controlled organisation may, by resolution, require the board to modify the statement of intent by including or omitting any provision or provisions of the kind referred to in clause 9(1)(a) to (i), and any board to whom notice of the resolution is given must comply with the resolution.
(2) Before giving notice of the resolution to the board, the shareholders must consult the board concerned as to the matters to be referred to in the notice.
6 Statement of intent required if exemption granted under section 7 revoked • If an exemption granted under section 7 is revoked, the council-controlled organisation must,—
o (a) if there is more than 6 months remaining in the financial year, prepare a statement of intent for that financial year; or
o (b) if there is not more than 6 months remaining in the financial year, prepare a statement of intent for the following financial year.
7 Obligation to make statements of intent available • A completed statement of intent and each modification that is adopted to a statement of intent must be made available to the public by the board within 1 month after the date on which it is delivered to the shareholders or adopted, as the case may be.
8 Savings of certain transactions • A failure by a council-controlled organisation to comply with any provision of this schedule or with any provision in a statement of intent does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by that organisation.
155 9 Contents of statements of intent • A statement of intent must, to the extent that is appropriate given the organisational form of the council-controlled organisation, specify for the group comprising the council-controlled organisation and its subsidiaries (if any), and in respect of the financial year immediately following the financial year in which it is required by clause 3(b) to be delivered and each of the immediately following 2 financial years, the following information:
o (a) the objectives of the group; and
o (b) a statement of the board's approach to governance of the group; and
o (c) the nature and scope of the activities to be undertaken by the group; and
o (d) the ratio of consolidated shareholders' funds to total assets, and the definitions of those terms; and
o (e) the accounting policies of the group; and
o (f) the performance targets and other measures by which the performance of the group may be judged in relation to its objectives; and
o (g) an estimate of the amount or proportion of accumulated profits and capital reserves that is intended to be distributed to the shareholders; and
o (h) the kind of information to be provided to the shareholders by the group during the course of those financial years, including the information to be included in each half-yearly report (and, in particular, what prospective financial information is required and how it is to be presented); and
o (i) the procedures to be followed before any member or the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation; and
o (j) any activities for which the board seeks compensation from any local authority (whether or not the local authority has agreed to provide the compensation); and
o (k the board's estimate of the commercial value of the shareholders' investment in the group and the manner in which, and the times at which, that value is to be reassessed; and
o (l) any other matters that are agreed by the shareholders and the board. (2) If a council-controlled organisation has undertaken to obtain or has obtained compensation from its shareholders in respect of any activity, this undertaking or the amount of compensation obtained must be recorded in—
o (a) the annual report of the council-controlled organisation; and
o (b) the annual report of the local authority. (3) Any financial information, including (but not limited to) forecast financial information, must be prepared in accordance with generally accepted accounting practice.
Compare: 1974 No 66 s 594T
156 10 Additional content of statements of intent • This clause applies to a council-controlled organisation that provides services in relation to the following groups of activities:
o (a) water supply:
o (b) sewerage and the treatment and disposal of sewage:
o (c) stormwater drainage:
o (d) flood protection and control works:
o (e) the provision of roads and footpaths. (2) The council-controlled organisation's statement of intent must, in relation to each group of activities described in sub-clause (1), include a statement of the intended levels of service provision that complies with clause 4(a) and (c) of Schedule 10 as if—
o (a) the reference to a long-term plan were a reference to the statement of intent; and
o (b) the reference to a local authority were a reference to a council-controlled organisation.
Schedule 8 clause 10: added, on 27 November 2010, by section 47 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
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