Kaunihera | Council
Kaupapataka Wātea | Open Agenda
Notice is hereby given that an ordinary meeting of Matamata-Piako District Council will be held on:
Ko te rā | Date: Wednesday 9 September 2020 Wā | Time: 9am Wāhi | Venue: Te Aroha Council Chambers, 35 Kenrick Street, Te Aroha TE AROHA
Ngā Mema | Membership
Koromatua | Mayor Ash Tanner, JP (Chair) Koromatua Tautoko | Deputy Mayor Neil Goodger District Councillors Donna Arnold Caitlin Casey Teena Cornes Bruce Dewhurst James Sainsbury Russell Smith Kevin Tappin James Thomas Sue Whiting Adrienne Wilcock
Waea | Phone: 07-884-0060 Wāhitau | Address: PO Box 266, Te Aroha 3342 Īmēra | Email: [email protected] Kāinga Ipuranga | Website: www.mpdc.govt.nz
Kaunihera | Council 9 September 2020
ITEM NGĀ IHINGA | TABLE OF CONTENTS WHĀRANGI | PAGE
Ā-TIKANGA | PROCEDURAL 1 Whakatūwheratanga o te hui | Meeting Opening 3 2 Ngā whakapāha/Tono whakawātea | Apologies/Leave of Absence 3 3 Notification of Urgent/Additional Business 3 4 Whākī pānga | Declarations of Interest 3 5 Whakaaentanga mēneti | Confirmation of Minutes 3 6 Public Forum 3
NGĀ PŪRONGO A NGĀ ĀPIHA | OFFICER REPORTS 7 Decision Reports 7.1 Waikato Civil Defence and Emergency Management Group Joint Committee 4 7.2 Hetana Street & Reserve: Approval of Draft Masterplan 13 7.3 Local government votes on LGNZ remits 17 7.4 Te Aroha Domain Working Party - Minutes of Meeting 19 August 2020 20 7.5 Enviroschools Presentation 33 7.6 Morrinsville Wallace Art Gallery Annual Financial Report 36 7.7 Land Transport Bylaw Amendment - Speed Limits 37
8 Information Reports 8.1 Waihou-Piako Flood Protection Advisory Subcommittee Meeting Report for August 2020 42 8.2 Hauraki Gulf Forum Meeting Report for August 2020 43 8.3 Regulation 19 Report 44 8.4 Waikato Mayoral Forum Meeting Report for August 2020 51 8.5 2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Environment Report. 52 8.6 Mayoral Diary for August 2020 57
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1 Whakatūwheratanga o te hui | Meeting Opening
2 Ngā whakapāha/Tono whakawātea | Apologies/Leave of Absence At the close of the agenda no apologies had been received.
3 Notification of Urgent/Additional Business Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states: “An item that is not on the agenda for a meeting may be dealt with at that meeting if- (a) The local authority by resolution so decides; and (b) The presiding member explains at the meeting, at a time when it is open to the public,- (i) The reason why the item is not on the agenda; and (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.” Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states: “Where an item is not on the agenda for a meeting,- (a) That item may be discussed at that meeting if- (i) That item is a minor matter relating to the general business of the local authority; and (ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but (iii) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
4 Whākī pānga | Declaration of Interest Members are reminded of their obligation to declare any conflicts of interest they might have in respect of the items on this Agenda.
5 Whakaaetanga mēneti | Confirmation of Minutes Minutes, as circulated, of the Ordinary Meeting of Matamata-Piako District Council, held on 12 August 2020
6 Public Forum
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Waikato Civil Defence and Emergency Management Group Joint Committee
Item 7.1Item CM No.: 2252481
Rāpopotonga Matua | Executive Summary
Waikato Civil Defence and Emergency Management Group Joint Committee minutes from meeting of 8 June 2020 are attached to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Horopaki | Background Under the Local Government Act 2002 s12(1)(a) every regional council and every territorial authority within that region must unite to establish a Civil Defence Emergency Management Group for the purposes of this Act as a joint standing committee under clause 30(1)(b) of Schedule 7. Councillor Kevin Tappin is Council’s appointee to the Joint Committee.
Ngā Tāpiritanga | Attachments A⇩ . Minutes Waikato Civil Defence and Emergency Management Group - 8 June 2020
Ngā waitohu | Signatories Author(s) Vicky Cowley Emergency Management Officer
Approved by Dennis Bellamy Group Manager Community Development
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Hetana Street & Reserve: Approval of Draft Masterplan
CM No.: 2331613
Rāpopotonga Matua | Executive Summary 7.2Item
Due to a range of projects and potential projects occurring in Hetana Street and the Hetana Street Reserve, Council agreed to develop a masterplan to define a shared vision for the improvement of the overall space and to ensure that various discrete projects are complimentary to one another.
Resilio Studio, a landscape and urban design consultancy, was engaged to formulate a masterplan for both the street and the reserve. A draft masterplan and associated concept maps have been developed following initial consultation which included Mana Whenua engagement and consultation with key stakeholders and the general public. The draft masterplan was workshopped with Council on Wednesday, 5 August 2020. Council is now asked to endorse the draft masterplan for further consultation and refinement. A tactical urbanism initiative funded by the New Zealand Transport agency’s Innovating Streets Fund is also being planned for Hetana Street and Broadway and to some extent overlaps with the master plan process. Approval of the draft masterplan will allow conceptual imagery and renders from the master plan to also be used in engagement and consultation for the tactical urbanism initiative.
Tūtohunga | Recommendation
That: 1. The report be received;
2. Council approves the Draft Masterplan and Concept maps for Hetana Street and Reserve, attached to this report, for further consultation and refinement;
3. Council approves the use of extracts and imagery from the Draft Masterplan and Concept maps for use in engagement and consultation processes associated with the tactical urbanism trial on Hetana Street and Broadway.
Horopaki | Background Hetana Street and Hetana Street Reserve are located in the heart of Matamata’s business district.
There are a number of projects affecting the street and reserve that are being planned or considered. This includes traffic safety improvements along Hetana Street, a streetscape upgrade, the extension of the Hauraki Rail Trail cycleway to the Hetana Street Reserve, the potential replacement of the existing public toilets at the Reserve, and improving the linkages between the Reserve, Jaycee Reserve, Centennial Drive and future walkway/cycleway routes.
Council agreed to develop a masterplan to define a shared vision for the improvement of the overall space and to ensure that various discrete projects are complimentary to one another. The purpose of the masterplan is to inform and guide the long-term integrated development and functioning of the overall site. The initial masterplan document will be a tool for further consultation with the community, potentially to be refined as a result of consultation.
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Resilio Studio, a landscape and urban design consultancy, was engaged to formulate a masterplan for both the street and the reserve. A draft masterplan has been developed following initial consultation which included Mana Whenua engagement and consultation with key stakeholders and the general public. The draft masterplan was workshopped with Council on
Item 7.2Item Wednesday, 5 August 2020 Council is now asked to endorse the draft masterplan for further consultation. A tactical urbanism initiative funded by the New Zealand Transport Agency’s Innovating Streets Fund is also being planned for Hetana Street and Broadway and to some extent overlaps with the master plan process. Approval of the draft masterplan will allow imagery and renders from the master plan and Concept maps to also be used in engagement and consultation for the tactical urbanism initiative.
Ngā Take/Kōrerorero | Issues/Discussion Purpose The purpose of the masterplan is to inform and guide the long-term integrated development and functioning of the overall site. The draft masterplan document will be a tool for further consultation with the community, potentially to be refined as a result of consultation.
Funding The masterplan does not allocate funding towards any projects or sub-projects. Some projects (such as the streetscape upgrade) have existing budgets through the 2018-28 Long Term Plan but funding would need to be identified for other projects. Smaller items could potentially be funded from the Community Facilities Bulk Fund while larger projects could potentially be funded in the 2021-31 LTP.
Consultation The masterplan is not a statutory document and there is no prescribed consultation process that must be followed. It is however considered good practice to consult on a draft masterplan. Council should consider the significance of the proposals and determine an appropriate level of consultation. A consultation plan for the next phase of the masterplan will be developed and brought to Council. Approval of the Draft Masterplan will enable imagery from the draft document to be used as resources for consultation and engagement for the tactical urbanism project for Hetana Street/Broadway. Linkage between the Masterplan and the Hetana Street Tactical Urbanism Trial The Hetana Street Tactical Urbanism trials test changes to the street that link to Key Moves developed in the draft ‘Hetana Street + Hetana Street Reserve Masterplan’. The Tactical Urbanism trials are expected to provide insight that informs the feasibility, scope, or details of the Key Moves within the Master Plan.
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Mōrearea | Risk
If extracts from the draft masterplan cannot be used for the engagement and consultation for the Innovating streets tactical urbanism trial there is a risk that people may not understand what the trial is actually about. 7.2Item
There is always a risk that some people may interpret a conceptual plan, which is intended for further consultation and refinement, as either a fait accompli or an attempt at detailed design.
Ngā Whiringa | Options 1. Council can approve the draft masterplan for further consultation and refinement 2. Council can decline to approve the draft masterplan
Ngā take ā-ture, ā-Kaupapahere hoki | Legal and policy considerations The masterplan is not a statutory document and there are no legal processes or requirements associated with it.
Hetana Street Reserve is identified as a Strategic Asset in Council’s Significance and Engagement Policy. It is therefore considered appropriate to consult on significant issues affecting its future. The masterplan process support and enables community input into the future of the Reserve.
Ngā Pāpāhonga me ngā Wātaka | Communications and timeframes Engagement and consultation with the community is a requirement of the Innovating Streets tactical urbanism trial. The draft masterplan provides information and imagery that would be useful to use as resources for engagement and communication about the tactical urbanism project.
Te Tākoha ki ngā Hua mō te Hapori me te here ki te whakakitenga o te Kaunihera | Contribution to Community Outcomes and consistency with Council Vision Theme: Healthy Communities Community Outcomes: We encourage community engagement and provide sound and visionary decision making. We encourage the use and development of our facilities. Our community is safe, healthy and connected.
Theme: Connected Infrastructure Community Outcomes: Infrastructure and services are fit for purpose and affordable, now and in the future. Quality infrastructure is provided to support community wellbeing.
Theme: Vibrant Cultural Values Community Outcome: Tangata Whenua with Manawhenua status (those with authority over the land under Māori lore) have meaningful involvement in decision making.
Pānga ki te pūtea, me te puna pūtea | Financial Cost and Funding Source The masterplan is funded from existing budgets. The concurrent tactical urbanism trial received funding from NZTA’s Innovating Streets fund.
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Ngā Tāpiritanga | Attachments
Item 7.2Item There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Mark Naudé Parks and Facilities Planner
Approved by Susanne Kampshof Asset Manager Strategy and Policy Manaia Te Wiata Group Manager Business Support
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Local government votes on LGNZ remits
CM No.: 2337881
Rāpopotonga Matua | Executive Summary 7.3Item
On 21 August 2020 Local Government New Zealand’s (LGNZ) member councils passed 9 remits to direct LGNZ’s policy advocacy. This report informs Council of the voting results.
Tūtohunga | Recommendation
That: 1. The information be received.
Horopaki | Background At is meeting on 12 August 2020 Council considered eleven proposed Remits and decided which ones it supported or did not support, as follows:
1) Public Transportation – Supported by Council 2) Housing – Not supported by Council 3) GST returned to Councils – Supported by Council 4) Natural hazards and climate change – Supported by Council 5) Regional balance of transfers – Not supported by Council 6) Electoral cycle – Supported by Council 7) Water bottling – Supported by Council 8) Quorum online attendance – Supported by Council 9) Macrons – Supported by Council 10) Rates rebates – Supported by Council 11) CO2 emissions – Not supported by Council
A brief summary of each remit, and the voting results, can be found below:
1. Public transport support Proposed by Greater Wellington Regional Council, the remit calls for LGNZ to advocate that the Government work with councils to maintain the financial viability of public transport during the recovery phase of Covid-19.
The remit was passed with 99 per cent support of the sector.
2. Housing affordability Proposed by Hamilton City Council and Christchurch City Council, the remit calls for LGNZ to advocate for the Government to assist councils in delivering affordable housing through introduce legislation that would fully enable councils to address housing affordability in their communities through a range of value uplift and capture tools, establishing a working group on affordable housing, and developing an affordable housing National Policy Statement.
The remit was passed with 85 per cent support of the sector.
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3. Returning GST on rates Proposed by Hamilton City Council and New Plymouth District Council, the remit calls for LGNZ to advocate for the Government to use the appropriate mechanisms to enable the 15 per cent Goods and Services
Item 7.3Item Tax (GST) charged on rates be returned to councils to spend on local or regional infrastructure projects.
The remit was passed with 92 per cent support of the sector.
4. Natural hazards and climate change adaptation Proposed by Hauraki District Council, the remit calls for LGNZ to advocate for the Government to undertake, in collaboration with all of local government, a comprehensive review of the current law relating to natural hazards and climate change adaptation along New Zealand's coastlines, and coordinates the development of a coastline strategy for the whole of New Zealand.
The remit was passed with 98 per cent support of the sector.
5. Annual regional balance of transfers Proposed by New Plymouth District Council, the remit calls for LGNZ to work with Treasury, Statistics New Zealand and other government agencies to develop an annual regional balance of transfers to show how much each region contributes in taxes and how much each region receives in government funding.
The remit failed with 71 per cent of the sector against.
6. Local Government Electoral cycle Proposed by Northland Regional Council, Rotorua Lakes Council, Whanganui District Council and Hamilton City Council, the remit calls for LGNZ to advocate for central government to conduct a referendum on a proposal that the electoral terms of both central and local government be extended from three to four years.
The remit was passed with 87 per cent support of the sector.
7. Water bottling Proposed by Queenstown Lakes-District Council, the remit contains four parts, and calls for LGNZ to work with the Government to:
A. Place a moratorium on applications to take and/or use water for water bottling or bulk export.
The remit was passed with 76 per cent support of the sector.
B. Enable regional councils and unitary authorities to review inactive water bottling consents, with a view to withdraw the consent and discourage consent ‘banking’.
The remit was passed with 86 per cent support of the sector.
C. Undertake an holistic assessment of the potential effects of the current industry, its future growth and the legislative settings that enable councils to effectively manage those effects.
The remit was passed with 92 per cent support of the sector.
D. Initiate a comprehensive nationwide discussion on the issue of water bottling (within the wider basis of water use) and implement any changes to the legislation and policy settings as required.
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The remit was passed with 89 per cent support of the sector.
8. Quorum when attending local authority meetings
Proposed by Waikato District Council, the remit calls for LGNZ to advocate for an amendment of 7.3Item legislation to enable elected or appointed members, connecting remotely to a public council meeting, be included in the quorum. This would provide an option for local authority meetings to be held completely remotely, if required.
The remit was passed with 93 per cent support of the sector.
9. Use of macrons by local authorities Proposed by Waipa District Council, the remit calls for LGNZ to put in place a simplified process for the addition of macrons to council names, if requested by that council or its community.
The remit was passed with 96 per cent support of the sector.
10. Rates rebates for low income property owners Proposed by Whanganui District Council, the remit calls for LGNZ to work with Government to lift the level of rates rebates available for low and fixed income property owners – with yearly increases taking into account the cost for inputs into local government services.
The remit was passed with 100 per cent support of the sector.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Niall Baker Senior Policy Planner
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
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Te Aroha Domain Working Party - Minutes of Meeting 19 August 2020
Item 7.4Item CM No.: 2341387
Rāpopotonga Matua | Executive Summary
Council has set up a Te Aroha Domain Working Party made up of Mayor Ash Tanner, Councillors Teena Cornes, Caitlin Casey, Russell Smith, Sue Whiting, Kevin Tappin and Jill Taylor of Ngāti Rahiri-Tumutumu. Councillor Teena Cornes is the chairperson.
The purpose of this agenda item is to report on the minutes of the Te Aroha Domain Working Party meeting held on 19 August 2020.
Tūtohunga | Recommendation
That: 1. The information be received.
Ngā Tāpiritanga | Attachments A⇩ . Minutes of Meeting Te Aroha Domain Working Party 19 August 2020
Ngā waitohu | Signatories Author(s) Tamara Kingi Committee Secretary and Corporate Administration Officer
Approved by Susanne Kampshof Asset Manager Strategy and Policy Manaia Te Wiata Group Manager Business Support
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Enviroschools Presentation
CM No.: 2344239
Rāpopotonga Matua | Executive Summary 7.5Item
Enviroschools is an environmental action based programme where young people are empowered to design and lead sustainability projects in their schools, neighbourhoods and country. Dominque Thurlow and Enviroschool representatives in attendance at 10:00am to present the six monthly report for January – June 2020 and attached to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Horopaki | Background Council provides funding for the Enviroschools program through its Long Term Plan 2018-28. as part of their MOU, Enviroschools is required to present their annual report to Council each year. Matamata-Piako currently has 11 Enviroschools within its district serviced by the Waikato Enviroschools Programme. There is an additional school on the wait list to become an Enviroschool, - Te Aroha Primary School.
Ngā take ā-ture, ā-Kaupapahere hoki | Legal and policy considerations As part of the Long Term Plan 2018-28 funding grant, Enviroschools is required to present to Council.
Te Tākoha ki ngā Hua mō te Hapori me te here ki te whakakitenga o te Kaunihera | Contribution to Community Outcomes and consistency with Council Vision Theme: We support environmentally friendly practices and technologies. We engage with our regional and national partners to ensure positive environmental outcome for our community. Community Outcome: Environmental Sustainability
Pānga ki te pūtea, me te puna pūtea | Financial Cost and Funding Source As part of the Long Term Plan 2018-28, Enviroschools was awarded a grant which funds this work.
Ngā Tāpiritanga Attachments A⇩ . Matamata Piako TA Report June 2020
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Ngā waitohu | Signatories Author(s) Stephanie Glasgow Committee Secretary and Corporate Item 7.5Item Administration Officer
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
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Morrinsville Wallace Art Gallery Annual Financial Report
Item 7.6Item CM No.: 2338884
Rāpopotonga Matua | Executive Summary
Tiona Geddes, director of Morrinsville Wallace Art Gallery, is in attendance to present to Council. Their performance report is circulated separately to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Horopaki | Background Morrinsville Wallace Art Gallery are required to provide an annual financial report, pursuant to the Memorandum of Understanding with Council.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Tamara Kingi Committee Secretary and Corporate Administration Officer
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
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Land Transport Bylaw Amendment - Speed Limits
CM No.: 2343955
Rāpopotonga Matua | Executive Summary 7.7Item
The Land Transport Bylaw is proposed to be amended with reductions or variable speed limits to seven places throughout the district.
Council has completed a consultation process and now needs to confirm the amendments to the proposed changes.
Manawaru and Buckland Roads speed limit changes have been deferred. It is proposed further discussion will be had with Council within the next couple of months.
Tūtohunga | Recommendation
That: 1. Council acknowledges the late submission by the New Zealand Police outlined in this Report.
2. Council accepts the amendments to the speed limits as specified in the attached maps and Bylaw amendments for the following places; Hetana and Awara Streets in Matamata township,
Burwood Road to Banks Road in Matamata,
Tahuna-Ohinewai Road,
Te Aroha West,
Scott Road and Kuranui Road, and
3. The amendments will come into effect on 1 October 2020. 4. A decision on Manawaru is deferred pending upgrades required. Council will be asked to assess options at a later date.
5. A decision on Buckland Road speed limit is deferred pending further discussion with Council on consultation required.
Horopaki | Background The Land Transport Bylaw is proposed to be amended with reductions or variable speed limits to seven places throughout the district. This has now been reduced to six with Manawaru being not yet ready.
The bylaw provides for the regulation of Roads, footpaths, bridges and culverts within the control of Council through various mechanisms including the setting of speed limits. The speed limits
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were proposed due to changes/developments in district and from concerns voiced by local residents.
Council is able to amend speed limits under section 8 of the Land Transport Rule Setting of Speed
Item 7.7Item Limits 2017.
A copy of the Bylaw amendments and maps is attached to this report.
Ngā Take/Kōreroro | Issues/Discussion Staff recommend that the amendments to the Land Transport Bylaw come into effect on 1 October 2020 as it will provide staff some time to procure and install signage.
Staff noted that we never heard back from the Police during consultation. After contacting them it was realised that the information had not been passed on to the person in the new role responsible for supplying feedback like this.
We have since confirmed this with them and they have supplied formal feedback on the proposal that Council must consider (refer attached). In summary, Police believe the proposals are well thought out and will all have a potential to improve safety for motorists/cyclists and pedestrians and appear evidence based.
Manawaru Speed zone Manawaru is the only area that has not received approval from NZTA on the proposed speed limit. NZTA requires the speed limit match the speed environment of the area. The Manawaru area requires more discussion with NZTA as they believe it is not appropriate to drop the speed from 70km/hr to 50km/hr with a variable speed limit of 40km/hr without some traffic calming treatments within the village to reduce the speed environment. They have highlighted that the speed environment needs to align with the speed limit. Staff have received some further information and costings for the works suggested by the NZ Transport Agency.
Buckland Road It was proposed to change the previously gazetted Speed Limit of 100km/hr for Buckland Road from Puketutu Road for 3.37km, Mathieson Road, Puketutu Road and Hopkins Road (until 165m north of State Highway 29), to 80km/hr.
The Updated Transportation Review done as part of the Development Concept Plan for Hobbiton Movie Set as part of a Private Plan Change states that:
In September 2018, the NZ Transport Agency updated the Safer Journeys Risk Assessment Tool to Edition II. This update includes more recent crash data and additional travel speed information. This has resulted in some changes to the information presented in our earlier Transportation Review. The most significant change is a reduction in the Safe and Appropriate Speed from 80km/h to 60km/h which is related to the higher Personal Risk.
The mean operating speed on the whole length of Buckland Road within MPDC is shown as 60- 64km/h. It is likely that the mean operating speed will be higher on the section of Buckland Road east of Hobbiton due to the straighter alignment and flatter topography. Parameter
Parameter Feb 2018 Feb 2018 Assessment Feb 2019 Assessment Collective Risk Low to Low-Medium Low-Medium Personal Risk Medium-High High Infrastructure Risk Rating Medium-High Medium-High
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Safe and Appropriate Speed 80km/h 60km/h
The report by GrayMatter suggests a reduction in the speed in the Safe and Appropriate Speed from 80km/h to 60km/h is in line with Councils recommended change. 7.7Item Since undertaking the consultation staff have become aware of Waipa District Council’s proposal to change their portion of Buckland Road to 60km/h speed limit and decision to bring this into force on 1 October 2020. It is not clear whether residents support this further change or not. Some feedback has been received that the speed limit should not be lowered below 80km/h. However formal consultation has not been completed.
Ngā Whiringa | Options Council is not obligated to adopt all of these speed limit proposals. Council has the option to only adopt some or none at all.
It is also possible to delay the implementation of these speed limit amendments until the Manawaru speed limit is agreed upon and a decision on how to proceed with Buckland Road speeds has been addressed.
Ngā take ā-ture, ā-Kaupapahere hoki | Legal and policy considerations Council consulted with NZTA, the community and other groups specified as required under section 2.5(2) of the Land Transport Rule Setting of Speed Limits 2017.
Under section 4 of the Land Transport Rule Setting of Speed Limits 2017 Authorities are entitled to set the speed limit of roads in their district that are not under the control of the New Zealand Transport Agency (NZTA).
4.4 of the Rule allows Councils to set permanent, holiday, or variable speed limits meeting the following criteria: a) must take account of any submissions received during consultation under 2.5 and 2.6; and b) May have regard to any other factor the road controlling authority considers relevant to achieving travel speeds that are safe and appropriate on a road; and c) Must aim to achieve a mean operating speed less than 10% above the speed limit
The Land Transport (Speed Limits Validation and Other Matters) Act 2015 (Validation Act) amended the Land Transport Act to place a specific power in section 22AB for road controlling authorities to make speed limit bylaws. This was done because some Councils prior to July 2015 had incorrectly made their speed limit bylaws under Local Government Act 2002 not the Land Transport Act. The Validation Act deemed those bylaws in force at the time to have been validly made under new provisions in the Land Transport Act.
The Land Transport Act provisions, and not the Local Government Act, should be used by road controlling authorities (which in this case is the Council) to create speed limits on roads that they control. It is important that road controlling authorities ensure this is reflected in all new speed limit bylaws. Refer to https://www.transport.govt.nz/legislation/acts/land-transport-act-2015-qanda/
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Ngā Pāpāhonga me ngā Wātaka | Communications and timeframes We consulted with the community seven proposed speed limit changes throughout the district between 18 March and 19 April 2020. A hearing was held on the 27 May 2020. In total we had 17 comments on the Land Transport Bylaw.
Item 7.7Item
Ngā take ā-Ihinga | Consent issues There is no formal consent required, however we should have approval from NZTA as they have the authority to override decisions made by the Local Authority under section 2.10 of the Land Transport Rule Setting of Speed Limits 2017 this is to help provide consistency across the country of places that have the same speed environment should have a matching speed limit.
We have received approval from NZTA for all the speed limit changes proposed except Manawaru and Buckland Road as stated above.
Te Tākoha ki ngā Hua mō te Hapori me te here ki te whakakitenga o te Kaunihera | Contribution to Community Outcomes and consistency with Council Vision Theme: Healthy Communities Community Outcome: Our community is safe, healthy and connected. As all the proposals are to reduce the speed limits in areas throughout the district to help create a safer place for the community.
Significance and Engagement Policy This policy helps Council to determine what the really important (‘significant’) issues are to the community, and how we will go about involving the community in making those decisions (‘engagement’). The Policy says we will take into into account various matters when assessing the degree of significance of proposals and decisions, and the appropriate level of engagement including legal requirement to engage with the community, the level of financial consequences of the proposal or decision, whether the proposal or decision will affect a large portion of the community, among other factors. Council has undertaken a consultation process with the community as required under the Local Government Act 2002 for bylaw changes. Council now needs to whether to re-consult on the amendment to the Buckland Road in light of the Policy.
Pānga ki te pūtea, me te puna pūtea | Financial Cost and Funding Source There will be a cost for the new roading speed limit signs required, this does not include the cost of staff time to erect the signage. The funding will be sourced from the current subsidised Signage Renewal Budget.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waithou | Signatories Author(s) Ellie Mackintosh
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Graduate Policy Planner Niall Baker Senior Policy Planner
Item 7.7Item Raymond Short Roading Asset Engineer Michelle Staines-Hawthorne Corporate Strategy Manager
Approved by Susanne Kampshof Asset Manager Strategy and Policy Michelle Staines-Hawthorne Corporate Strategy Manager Manaia Te Wiata Group Manager Business Support Don McLeod Chief Executive Officer
Land Transport Bylaw Amendment - Speed Limits Page 41
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Waihou-Piako Flood Protection Advisory Subcommittee Meeting Report for August 2020
Item 8.1Item CM No.: 2340455
Rāpopotonga Matua | Executive Summary The Waihou-Piako Flood Protection Advisory Subcommittee meeting occurred on 12 August 2020. The agenda and minutes to that meeting are circulated separately to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Horopaki | Background Waikato Regional Council established the Waihou-Piako Flood Protection Advisory Subcommittee to provide advice and effective liaison between river and catchment ratepayers, iwi and stakeholders in relation to the operational performance of flood protection assets in the scheme area. There are to be three meetings held by the subcommittee per year.
Matamata-Piako District Council appointed Councillor James Thomas as representative and Councillor Donna Arnold as an alternate member, by resolution on 22 July 2020.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Tamara Kingi Committee Secretary and Corporate Administration Officer
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
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Hauraki Gulf Forum Meeting Report for August 2020
CM No.: 2331617
Item 8.2Item Rāpopotonga Matua | Executive Summary
The Hauraki Gulf Forum meeting occurred on 24 August 2020. The minutes to those meetings will be circulated at the meeting if available.
The agenda can be downloaded on the following link https://infocouncil.aucklandcouncil.govt.nz/Open/2020/08/HGF_20200824_AGN_9631_AT.PDF
Tūtohunga | Recommendation
That: 1. The information be received.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Tamara Kingi Committee Secretary and Corporate Administration Officer
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
Hauraki Gulf Forum Meeting Report for August 2020 Page 43
Kaunihera | Council 9 September 2020
Regulation 19 Report
CM No.: 2339210
Item 8.3Item Rāpopotonga Matua | Executive Summary
Council are one of the administrators of the Sale and Supply of Alcohol Act 2012. This report includes an update on this activity as well as the Regulation19 report which we are required to produce each year. The Regulation19 report is in line with the guidance material released by the Ministry of Justice in October 2018. Cr Adrienne Wilcock as Chairpersons of the District Licensing Committee (DLC) along with staff will provide an update on this activity for alcohol licensing including the attached reports.
Tūtohunga | Recommendation
That:
1. The information be received.
Horopaki | Background The object of the Sale and Supply of Alcohol Act 2012 (Act) is contained within section 4 as stated below:
Section 4 - Object (1) The object of this Act is that— (a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and (b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised. (2) For the purposes of subsection (1), the harm caused by the excessive or inappropriate consumption of alcohol includes— (a) any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and (b) any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).
Further to this, Regulation19 of the Sale and Supply of Alcohol (Fees) Regulations 2013 requires us to make publically available each year a report showing the fees payable in relation to and the costs incurred for this activity. In October 2018, the Ministry of Justice released guidance material on how this should be calculated as each council was calculating it differently and no clear comparisons could be made. The report for the 2019/2020 financial year is attached.
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Council may, under the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013, adopt a bylaw setting its own fees and if it has not adopted a bylaw then the regulated fees and charges as prescribed in this report must be used. Council has not adopted a bylaw at this stage.
Section 10 Fees payable for special licences 8.3Item (2) A territorial authority may, in its discretion and in response to particular circumstances, charge a fee for a special licence that is 1 class below the class of the licence that is issued; but no fee may be less than the fee payable for a class 3 special licence. Council has also delegated under section 10 of the Sale and Supply of Alcohol (fees) Regulations 2013 to the Group Manager Community Development (Dennis Bellamy) and the District Planner (Ally van Kuijk) the ability to reduce a fee category for special licences provided it meets the above criteria. We have reduced the fee category of three applications this year. These were for activities such as a theatre productions and a small bowling event. Discretionary conditions Two of the discretion conditions under the Local Alcohol Policy 2017 is the ability to limit specials for any six month period and that no more than 15 specials are issued for any premise in a six month period. To date the DLC have allowed one premises (Rotary Club) to go over the 15 special licences within any six month period. Covid-19 Due to the Covid-19 lock down an order was passed giving the Police and Ministry of Health an extension of time to inquire into an application. As follows The Police and the Medical Officer of Health— (a) must each inquire into the application; and (b) if either has any matters in opposition to it, must file with the licensing committee a report on it within 30 working days after the end date. In this order, unless the context otherwise requires,— end date means the date on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked
We have had eight Special Licences that have been affected by the Ccovid-19 lockdown. Of these, five were issued a refund and the remaining three have since been rescheduled with new dates.
Statistics Key statistics highlighting some of the activity of the DLC and trends for the last two years is also attached.
Ngā Tāpiritanga | Attachments A⇩ . 2019/20 Regulation 19 Report
Regulation 19 Report Page 45
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Ngā waitohu | Signatories Author(s) Cathy Bjerring
Item 8.3Item Planning & Environmental Health Admin Officer
Approved by Ally van Kuijk District Planner Dennis Bellamy Group Manager Community Development
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Waikato Mayoral Forum Meeting Report for August 2020
Item 8.4Item CM No.: 2339455
Rāpopotonga Matua | Executive Summary The Waikato Mayoral Forum meeting occurred on 17 August 2020. The minutes to that meeting are circulated separately to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) Tamara Kingi Committee Secretary and Corporate Administration Officer
Approved by Michelle Staines-Hawthorne Corporate Strategy Manager Don McLeod Chief Executive Officer
Waikato Mayoral Forum Meeting Report for August 2020 Page 51
Kaunihera | Council 9 September 2020
2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Environment Item 8.5Item Report.
CM No.: 2339616
Rāpopotonga Matua | Executive Summary The purpose of this report is to seek Council’s adoption of the 2020 District Plan Monitoring Strategy, including the new format of the State of the Environment Report and to receive the 2020 RMA Efficiency and Effectiveness Report
Tūtohunga | Recommendation That: 1. The 2020 District Plan Monitoring Strategy is received and adopted.
2. The 2020 RMA Efficiency and Effectiveness Report is received.
Horopaki | Background Why we need a monitoring strategy Monitoring the efficiency and effectiveness of policies, rules or other methods is an important part of the resource management planning process. It has a direct relationship to sections 32 and 35 of the Resource Management Act 1991 (RMA), which requires local authorities to prepare a report at least every five years on the results of monitoring on the District Plan. Other relevant legislation includes the Environmental Reporting Act 2015 and the Ministry for the Environment National Monitoring System. The District Plan provides the framework to shape the future character, form and structure of the District as well as protecting and improving those things that we value. It sets out the objectives, policies and rules for developing and using land in the District. Policy and plan effectiveness monitoring helps determine the need for further action and possible changes or improvements. It is an important part of the ‘plan-do-check-act’ cycle and informs decision-makers of the consequences of actions and changes in the environment. Policy and plan effectiveness monitoring provides a means for determining how well plans are working in practice. Rather than a one-off task, there will be a continuous and systematic review process. The results of the monitoring strategy will help Council identify which parts of the District Plan are successful at achieving the desired outcomes (effectiveness) and whether these outcomes are being achieved at either the lowest cost and/or the greatest benefit to the wider community (efficiency). The District Plan The Matamata-Piako District Plan was developed under the Resource Management Act (RMA) 1991. As part of this Council prepared an Environmental Monitoring Strategy 1999 so as to enable Council to meet its monitoring responsibilities under the RMA. This monitoring strategy has provided for the on-going monitoring of the indictors since it was imbedded into Councils program with annual reporting on Councils website providing transparent information to the community.
Page 52 2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Environment Report.
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This information also provides the basis for the District Plan Efficiency and Effectiveness reporting which is undertaken every five years. Since the District Plan became operative Council has undertaken a constant program of rolling reviews of the plan via plan changes. The changes introduced have been to address unintended
Item 8.5Item outcomes, new issues along with legislative changes, and new priorities to ensure planning provides for the sustainable management of natural and physical resources which enables people and communities to provide for their social, economic and cultural wellbeing. In conjunction with the changes to the District Plan, the National Planning Standards have been introduced and requires Council to restructure its District Plan by April 2024. It is timely to review the Monitoring Strategy to ensure the most relevant matters are being monitored. Of note is that the objectives and policies that are identified today are from the District Plan as at 1 May 2020 and that the numbering of these will change upon alignment with the National Planning Standards. This document will be updated to ensure the correct numbering is in place. Developing the Monitoring Strategy The development of the strategy used the following steps: 1. Extract the key themes within the District Plan utilising the National Planning Standards Structure 2. Describe the current state, pressures or issues and the District Plan response for each of these themes, using existing information collated from the development of the District Plan 3. Draw out the objectives from the District Plan 4. Define the indicator(s) to measure performance including details on data and definitions that make up that indicator 5. Describe how we will use the indicator to report performance. The strategy identifies 10 key themes of the District Plan, the intended outcome of each, the current state and how Council will undertake monitoring to determine the success of each theme through the use of indicators. Indicators are central to the monitoring strategy. They form part of the knowledge base needed to support policy and decision-making. The development of indicators has been informed by the Statistics New Zealand Good Practice Guide to the Development and Reporting of Indicators (2009). The principles for the development include: • Know what you want to measure • Less is more – focus on key measures to inform performance rather than trying to measure every rule in the Plan • Valid and meaningful – does the indicator adequately reflect the objective or anticipated result it is intended to measure? • Transparency – be open about the processes used in the design and selection of each indicator • Objective reporting – present the indicators impartially, without advocacy or unsubstantiated comment • Document metadata – record how the indicators were constructed, and the data sources used within Data Services
2020 RMA Efficiency and Effectiveness Report
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Section 35 and subsections (2A) and (2)(b) of the Resource Management Act 1991 (RMA) are the bedrock for the RMA Efficiency and Effectiveness Report as follows: (2A)
Item 8.5Item Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b). (2)(b) the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan… Therefore, every five years we must produce an RMA Efficiency and Effectiveness Report, based on our monitoring strategy - where we set our performance measures and a framework on how to monitor and collect the data.
The 2020 RMA Efficiency and Effectiveness Report was prepared using the 1999 monitoring strategy and the key topics that are evaluated in the report shows that the District Plan is overall achieving or partially achieving the objectives in most instances. The evaluation of the key topics is predominantly based on the effectiveness of the objectives, policies and rules. With the rolling review of the plan, plan changes are undertaken which generally improve the efficiency of the objectives, policies and rules. For example, if an activity is subject to, too much control and requires unnecessary resource consent applications, the plan has been amended to ensure only the necessary control is put in place by the most efficient means. The reverse is also applicable where there is a need to impose control to deal with undesirable effects, and amendments are made to the plan to enable effectiveness and efficiency. The following District Plan Provisions have been reviewed over the last five years: 1. Transport and network utilities where vehicle entranceways, car parking, noise effects of railways and state highways, transmission lines and telecommunication towers and where renewable energy generation can occur. 2. An update of the Inghams Enterprises (NZ) Pty Ltd Development Concept Plan to provide for additional growth. 3. Protected trees assessed under the STEM threshold and scheduled within the district plan, alongside providing flexibility for maintenance and pruning scheduled sites. 4. The insertion of a Development Concept Plan for Open Country Dairy milk processing site at Waharoa. 5. An update of the Tatua Co-Operative Dairy Company Development Concept Plan at Tatuanui to provide for additional growth. 6. Residential, rural-residential, industrial and business zones to respond to population projections and provide for growth.
Page 54 2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Environment Report.
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7. The insertion of a Development Concept Plan for the Hobbiton Movie Set at Matamata to regulate the ongoing operation and provide for growth. 8. Council is at the early stages of working through: a. A Settlements plan change to recognize the character of the settlements by providing for the 8.5Item historical business and community activities. b. A plan change to provide for papakainga that supports the social, cultural and economic wellbeing of tangata whenua State of Environment Monitoring Council also has a duty to monitor the State of its Environment and keep records to the extent that it is appropriate to enable Council to effectively carry out its functions under the RMA. The Act now requires this monitoring to be undertaken in accordance with any regulations. For example, there are regulations in place that identify how fresh water is to be monitored. In 2015, the Environment Reporting Act was passed into law. The Act makes responsibilities for environmental reporting explicit and sets out the framework for the scope and timing of reporting. The Government Statistician and Secretary for the Environment have responsibility for environmental reporting on the domains of air, atmosphere and climate, fresh water, land and marine, whereby biodiversity and ecosystems feature in land, freshwater and marine domains. The Regional Councils participate in the above and Council is not relied on for information. Waste is a Council function, and with the joint Waste Management and Minimisation Plan the goals and targets should be monitored through that process, along with any other matter that is aligned with a strategy. Although, there is no statutory requirement to prepare a state of the environment report, we are proposing to update our report and framework to reflect the above changes in legislation and to update our community on the state of our environment. Ngā Take/Kōrerorero | Issues/Discussion
Our current monitoring strategy dates from 1999. Since then, our district plan has been through significant changes in alignment with our ongoing district plan review. Also, society and our communities have changed in the past 21 years and we believe now is a good time for a review, to ensure our strategy aligns with the district plan. Mōrearea | Risk
There are no risks in adopting the new strategy. Ngā Whiringa | Options
1. To adopt the 2020 District Plan Monitoring Strategy and to receive the 2020 RMA Efficiency and Effectiveness Report.
2. To keep the status quo (1999 monitoring strategy) and to receive the 2020 RMA Efficiency and Effectiveness Report.
Recommended option:
Option 1 - To ensure our strategy aligns with the District Plan. As mentioned before, our current monitoring strategy dates from 1999 and it needs to be updated in accordance with the changes to our District Plan (rolling review), as well as societal changes over the past 21 years.
2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Page 55 Environment Report.
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Ngā take ā-ture, ā-Kaupapahere hoki | Legal and policy considerations
Sections 32 and 35 of the Resource Management Act 1991 (RMA).
Item 8.5Item Pānga ki te pūtea, me te puna pūtea | Financial Cost and Funding Source
The costs for the new strategy and reports are already budgeted and it will not imply on any further costs to Council.
Ngā Tāpiritanga | Attachments There are no attachments for this report.
Ngā waitohu | Signatories Author(s) João Paulo Silva RMA Policy Planner
Approved by Ally van Kuijk District Planner Dennis Bellamy Group Manager Community Development
Page 56 2020 District Plan Monitoring Strategy, RMA Efficiency and Effectiveness Report and State of the Environment Report.
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Mayoral Diary for August 2020
CM No.: 2340008
Item 8.6Item Rāpopotonga Matua | Executive Summary
The Mayoral Diary for the period ending 31 August 2020, is attached to the agenda.
Tūtohunga | Recommendation
That: 1. The information be received.
Ngā Tāpiritanga | Attachments A⇩ . Mayoral Diary August 2020
Ngā waitohu | Signatories Author(s) Debbie Burge Executive Assistant to the Mayor
Approved by Don McLeod Chief Executive Officer
Mayoral Diary for August 2020 Page 57
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