MEETING AGENDA REGULATORY COMMITTEE Thursday 23 June 2016 at the conclusion of the Policy Committee meeting

Council Chamber Chairperson: Cr Shaun Biesiek Members: Cr Roy Weaver (Deputy) Cr Gordon Brown Cr Grant Coward Cr Heather Dodunski Cr Richard Handley Cr Richard Jordan Cr Marie Pearce Mayor Andrew Judd REGULATORY COMMITTEE THURSDAY 23 JUNE 2016

REGULATORY COMMITTEE Purpose: a) Ensure effective and efficient exercise of statutory regulatory functions, implementation of the district Plan and enforcement of the Council’s bylaws. b) To oversee, coordinate and direct the development and, where appropriate, the review of the district plan.

Addressing the committee Members of the public have an opportunity to address the committee during the public forum section or as a deputation.

A public forum section of up to 30 minutes precedes all committee meetings. Each speaker during the public forum section of a meeting may speak for up to 10 minutes. In the case of a group a maximum of 20 minutes will be allowed.

A request to make a deputation should be made to the secretariat within two working days before the meeting. The chairperson will decide whether your deputation is accepted. The chairperson may approve a shorter notice period. No more than four members of a deputation may address a meeting. A limit of 10 minutes is placed on a speaker making a presentation. In the case of a group a maximum of 20 minutes will be allowed.

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

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

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

Regulatory Committee Thursday 23 June 2016 REGULATORY COMMITTEE THURSDAY 23 JUNE 2016

APOLOGIES Cr Gordon Brown

CONFLICTS OF INTEREST None Advised

PUBLIC FORUM None advised

DEPUTATIONS None advised

COMMITTEE MINUTES RECOMMENDATION That the minutes of the Regulatory Committee (12 May 2016), and the proceedings of the said meeting, as previously circulated, be taken as read and confirmed as a true and correct record.

A ITEMS FOR DECISION BY COMMITTEE

A1 CUSTOMER AND REGULATORY SERVICES QUARTERLY ACTIVITY REPORT The purpose of this report is to provide information to the Council on current activity levels within the regulatory services.

A2 PARKING PROHIBITIONS, RESTRICTIONS AND BUS STOPS The matter for consideration by the Council is the creation of parking prohibitions, restrictions and bus stops at various locations within the District.

A3 DISTRICT PETROLEUM ACTIVITY UPDATE An update on petroleum activity matters within or affecting this district and its communities. This is an update following the previous report provided to the 3 December 2015 Regulatory Committee.

A4 EXEMPTIONS FROM FENCING OF SWIMMING POOLS AND SPAS The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act.

Regulatory Committee Thursday 23 June 2016 REGULATORY COMMITTEE THURSDAY 23 JUNE 2016

A5 TEMPORARY ROAD CLOSURE – CAR CLUB MANA ROAD HILL CLIMB The matter for consideration by Council is to recommend the temporary closure of Mana Road to enable the Taranaki Car Club to hold the Mana Road Hill Climb motorsport event.

Regulatory Committee Thursday 23 June 2016 1 ITEM FOR DECISION ITEM A1

CUSTOMER AND REGULATORY SERVICES QUARTERLY ACTIVITY REPORT PREPARED BY: Katrina Brunton Manager Customer and Regulatory Services TEAM: Customer and Regulatory Services APPROVED BY: Sue Davidson (Chief Operating Officer) WARD/COMMUNITY: District Wide DATE: 6 April 2016 FILE REFERENCE: ECM 7107323

PURPOSE The purpose of this report is to provide information to the Council on current activity levels within the regulatory services.

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

SIGNIFICANCE This report is provided for information purposes only, and has been assessed having some significance.

DISCUSSION Customer and Regulatory Solutions activity, implements and enforces bylaws, legislation and policy for situations where the activities of organisations and individuals would otherwise come into conflict with the rights of others. Customer and Regulatory Solutions contribute to a safe and progressive community and assist in maintaining a sustainable living and working environment.

This report provides an overview of development, building and enforcement activities in the New Plymouth District.

The report can be a useful source of key economic indicators.

Key points: • Food Act 2014 Application for accreditation under Food Act 2014 has been lodged with Ministry of Primary Industries for approval. • Resource Management Legislation Amendment Bill 2015 The Bill had its first reading on 3 December 2015 and was referred to the Local Government and Environment Select Committee for consideration. There has been an opportunity for the public to give input during the select committee process. The select committee will be receiving submissions until 14 March 2016.

Regulatory Committee Thursday 23 June 2016 2 ITEM A1 ITEM FOR DECISION

• Provisional Local Alcohol Policy New Plymouth District Council opted to negotiate with appellants prior to court and reached agreement to adjust the opening hours for off-licences to 7:30am-9:30pm. The amended PLAP is now to be resubmitted back to ARLA for consideration.

Land Information Memorandum (LIM)

Land Information Memorandum (LIM) issued

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 54 52 48 57 59 39 47 52 66 44 59 75 652 FY 15/16 68 51 70 44 48 59 44 53 52 489

This graph shows the number of LIM applications issued since July 2014.

Regulatory Committee Thursday 23 June 2016

3 ITEM FOR DECISION ITEM A1

Building

Building Team Quarter 1 January 2016 to 31 March 2016

This quarter has seen the number of building consent applications average 27 each week. The total estimated value of building work covered by these consents is $50 million compared to $43 million for the same quarter last year. We granted 409 consents and of these 98 % were processed within 20 working days. The number of new dwellings has remained steady with 108 new dwellings consented during the quarter, which is approximately eight new dwellings each week. The trend for new dwellings appears not to be abating.

Building consents issued

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 12/13 119 120 111 146 146 88 111 113 108 150 191 172 1575 FY 13/14 174 159 142 119 99 105 99 115 135 142 231 148 1668 FY 14/15 160 111 101 142 119 119 129 111 139 105 184 121 1541 FY 15/16 171 114 148 118 138 137 105 140 153 0 0 0 1224

Regulatory Committee Thursday 23 June 2016

4 ITEM A1 ITEM FOR DECISION

Value of building consents issued

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 12/13 13.4 13.3 11.6 15.6 16.7 8.9 12.9 14.3 15.6 11.0 19.3 22.1 174.7 FY 13/14 13.6 16.1 13.5 13.4 19.7 11.8 14.0 22.5 17.5 22.4 16.6 29.5 210.5 FY 14/15 21.5 20.4 18.6 24.0 18.5 26.8 17.9 15.1 17.4 31.8 21.8 15.5 249.3 FY 15/16 20.2 11.5 24.4 31.0 18.3 20.6 19.1 22.4 21.8 189.2

An increase in building activity over the second quarter has resulted in a reduction in statutory timeframe compliance. External contractors (Christchurch and Nelson City Councils) were engaged to assist with the processing of building consents to ensure statutory timeframe compliance. This had occurred as there was a marked increase in the application of consents year to date. All applications received since November 2015 have been processed within timeframes.

The value of the building consents is also high and reflects complexity and increased numbers. Council is now meeting statutory requirements and is no longer using these contractors).

Regulatory Committee Thursday 23 June 2016

5 ITEM FOR DECISION ITEM A1

Significant building consent applications of interest to the community These are applications that are currently active and have value of more than $5,000,000 or are of interest to the community. These applications are either being processed or on the construction phase of the project.

Project description Property Address Date Value of Received work Ravensdown Fertilizer Plant Jan 2016 35,000,000 Gill St Motel Gill Street Nov 2015 3,500,000 Nga Motu Marae and offices Bayly Road, New 9/7/2015 5,127,000 Plymouth

Earthquake-prone building update 99% of buildings identified as requiring assessment in New Plymouth, Inglewood and Waitara have been assessed.

Building Status Seismic Grade No. of buildings Unlikely to be EPB, No further assessment required A+, A, B, C 223 (based on IEP assessment) Likely to be EPB, Subject to detailed assessment D, E 157 (based on IEP assessment) Confirmed not earthquake-prone A+, A, B, C 35 (based on detailed assessment) Confirmed earthquake-prone D, E 24 (based on detailed assessment) Demolished buildings 4 Upgraded buildings 18 Total no. of buildings that have been assessed 461 A demolition consent has been granted for the old Barrett Street Hospital buildings. The asbestos removal has begun, due for completion end of June, followed by the demolition of the hospital building, excluding the Nurses Home.

A project to determine the New Plymouth CBD soil site classification is in progress. Boreholes are complete, awaiting analysis of cores, followed by externally funded shear- wave velocity testing. For detailed information, refer to the register on the council website (http://www.newplymouthnz.com/CouncilAtoZ/EarthquakeProneBuildings/BuildingsRegiste r.htm)

Resource Consents

Land use resource consents The chart below shows the trend of land use consent applications issued from July 2013 based on activity type.

Regulatory Committee Thursday 23 June 2016

6 ITEM A1 ITEM FOR DECISION

12/13 13/14 13/14 13/14 13/14 14/15 14/15 14/15 14/15 15/16 15/16 15/16 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Non-Residential 16 20 15 8 14 9 15 13 21 15 21 13 Residential 41 42 31 35 37 36 46 42 35 34 40 29 Rural 20 30 20 16 15 17 13 17 13 15 15 10

Land use monitoring Monitoring Programmes continue to be implemented for the major current projects that are under construction across the district. These include:

Compliance Monitoring

1. Vickers to City V2C roading upgrade 2. Ryman Healthcare Ltd retirement village extension 3. Nga Motu Marae 4. General poultry activity 5. The creation of a ‘Waahi Tapu Monitoring Programme’ - As a part of the Wahi Tapu and Archaeological Sites Review. A monitoring program is being developed to provide for the on-going management of the sites following inclusion in the District Plan. Council monitoring staff will work closely with mandated Iwi and Hapu representatives to ensure the on-going protection of Waahi Tapu and archaeological values. 6. Muslim Association community centre 7. Mangahewa G 8. Nova Energy Ltd power plant

Enforcement

Regulatory Committee Thursday 23 June 2016

7 ITEM FOR DECISION ITEM A1

Infringement Notices Nil

Abatement Notices 4A Maple Crescent – Daylighting

Resource Management Act Applications of Interest to the Community The table below shows Resource Management Act applications that are in process or have been processed in this quarter that maybe of interest to the community.

Applicant Activity Location Activity & consent issue Status 209 Manutahi To run (Dolly’s Milk) a business On-hold at applicant’s KJ and PJ Death Road 24hrs a day, 7 days a week request Declined – Appealed to Environment Court. Hearing 450 Mountain Specialised dementia care home Avatar Glen Limited date 19th October 2015. Road SH 3A Environment Court decision pending Settlers Bush Honeyfield Drive, 44 lot Residential/Rural subdivision Granted Trustees Limited – Stages 5-8

Muslim Association To establish a Muslim Community 185 Smart Road Granted of Taranaki Ltd Centre R & S Dreaver Shelter Trimmers 257 Kairau Road Quarry Operation Declined Limited Links Coastal Links extension 18 lot Open Space A subdivision Publicly notified Development

On-hold at applicant’s Ravensdown New industrial storage buildings for 51 Smart Road request to obtain affected Fertiliser Co-op Ltd bulk fertiliser storage parties’ approvals Maia Properties Ltd Road 104 lot Residential A subdivision Granted On-hold at applicant’s Greymouth Waiau Road Ohanga B Well Site request to obtain affected Petroleum Ltd parties’ approvals On-hold at applicant’s Greymouth 17 Manganui request to commission Kowhai D Well Site Petroleum Ltd Road waahi tapu/archaeological site extent for Okawa Pa 125 Waiwakaiho AWE Ltd Kohatukai Well Site Granted Road 380 Carrington Urban Aspect Ltd 20 lot Residential A & B subdivision Processing Road Links Coastal West of Links 30 lot Residential A subdivision Granted Development Ltd Road Kerry & Sara On-hold for further Links Drive 25 lot Residential A subdivision Hamilton information (Section 92)

Regulatory Committee Thursday 23 June 2016

8 ITEM A1 ITEM FOR DECISION

Subdivision resource consents Subdivision resource consents issued remain relatively constant over the last quarter and this is indicated in the graph below.

12/13 13/14 13/14 13/14 13/14 14/15 14/15 14/15 14/15 15/16 15/16 15/16 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Consents Issued 54 47 62 44 66 52 58 54 54 54 56 46 Eng Work Lodged 7 15 10 12 8 12 18 12 10 18 12 9 S223 Received 37 52 54 56 68 67 67 55 61 69 61 56

*Note: Section 223 received (RMA) refers to the number of subdivision consents that have been given effect to.

Regulatory Committee Thursday 23 June 2016

9 ITEM FOR DECISION ITEM A1

Greenfield subdivision developments The Development Engineers have continued the quality assurance inspection of a number of urban subdivision developments. These include:

Applicant Locality Description Endurance Trust 1050 Devon Road Stage 2 of 5 industrial lots, new road David Garrett (Lakeview Estate) Karamea Street 22 residential lots, new road and reserve to vest Richard Dreaver 1 Armstrong Ave 56 residential lots, two new roads Waimea Development Trust 320D Frankley Road 18 residential lots, new road and reserve to vest Hinz Properties Ltd 6 Jersey Place and 8A 18 residential lots, road extension and new road Solway Terrace to vest Austrom Group Ltd 10 Willow Place 6 residential lots Cadtess Developments Ltd Smith Street 15 residential lots and new road to vest Looker Carthew Street, Okato 11 residential lots and new road to vest Central Properties Limited Wills Road 13 residential lots and three new roads to vest The Baptist Union of NZ Northpoint Way, BBk 8 residential lots and road extension to vest

Applicant Locality Description GJ Gardner Coby Sydney Drive 19 residential lots, esplanade and road to vest Extension Latchman Gounden Cyrus Heights Stage 3 – 32 residential lots and road extension to vest Oakura Farm Park Wairau Road – The Stage 3 - 10 residential lots and roads to vest Paddocks

Parking

The role of parking is to facilitate access to the city and suburbs easy and safe by undertaking the day to day management, monitoring and compliance of legislation in accordance with the Land Transport Act 1998 and NPDC Bylaws and Policies. Parking revenue contributes positively to offset rates.

This activity manages a range of free and metered parking services and several off street parking facilities throughout the district with a concentration in the area. This is supported by 97 pay stations and 1,505 sensors.

Coordination and administration of leased carparks and street activities i.e. markets, fundraising, road closures, license to occupy, encroachment licensing, temporary obstruction, and flags and banners are also incorporated within this team.

Parking space occupancy The parking space occupancy up to 31 March 2016 is: • Central Business District: Average of 52 per cent.(January data not available due to a breakdown in technology) • Lease car park spaces: 92 per cent.

Infringements issued and referred to the Court (prosecuted) These graphs show the total number of infringement notices issued and those subsequently referred to the court for prosecution since July 2015.

Regulatory Committee Thursday 23 June 2016

10 ITEM A1 ITEM FOR DECISION

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 4,546 3,986 3,707 3,739 3,798 3,532 2,680 3,130 3,578 3,892 4,496 4,317 45,401 FY 15/16 4,607 4,435 4,406 4,238 2,969 2,693 2,569 3,130 3,290 32,337

Infringements prosecuted are those that are not paid within 56 days from the date of issue.

Regulatory Committee Thursday 23 June 2016

11 ITEM FOR DECISION ITEM A1

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 985 875 914 982 770 921 905 814 473 858 685 806 9,988 FY 15/16 1,104 874 1,011 600 1,197 1,079 688 694 584 7,831

Animal Control As at 31 March 2016, 94% of known dogs are registered.

Service requests This graph shows the number of service requests since July 2015. • 966 service requests in this financial year involved warrantless entry as described under the Search and Surveillance Act. • Other service requests and enquiries include those that are related to livestock and follow up of unregistered dogs.

Regulatory Committee Thursday 23 June 2016

12 ITEM A1 ITEM FOR DECISION

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 410 304 280 334 261 232 310 261 303 297 348 300 3,640 FY 15/16 368 330 348 264 281 274 288 270 296 2,719

Impounding and Infringements These graphs show the number of released impounded dogs and number of infringements served since July 2015. 83% of impounded dogs have been given back to their owners or have been sold to a new owner.

Regulatory Committee Thursday 23 June 2016

13 ITEM FOR DECISION ITEM A1

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 10 15 8 19 15 14 6 11 18 20 13 2 151 FY 15/16 12 2 10 3 10 8 15 21 12 93

Regulatory Committee Thursday 23 June 2016

14 ITEM A1 ITEM FOR DECISION

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 80 55 61 54 61 43 58 55 47 49 67 45 675 FY 15/16 49 40 55 39 37 39 35 39 42 375

Environmental Health

This activity involves the provision of an Environmental Health Service for the administration, education, monitoring and compliance of food, alcohol and health premises, health nuisances, noise complaints and bylaws. The aim of the Environmental Health Service is to ensure that Council's specific statutory responsibilities are met including Health Act 1956, Food Act 2014, Resource Management Act 1991, Sale and Supply of Alcohol Act 2012, Local Government Act 2002.

Health and Food Premises Registration As at 31 March 2016, the number of registered premises in the district is: • 465 registered food premises registration. 198 of these premises have been audited since the start of the financial year. • 176 other health registrations e.g. hairdressers, beauty therapists, tattoo premises. • 99% did not require remedial action

Sale and Supply of Alcohol licences Between the period 1st July 2015 and 31st March 2016 = 97% complied. • 214 licensed premises. 125 premises have been inspected as part of 3 yearly renewals, controlled purchase operations and complaint/compliance investigation. 4 non- compliant • 312 applications for manager’s certificate received. • 200 special licences issued.

Regulatory Committee Thursday 23 June 2016

15 ITEM FOR DECISION ITEM A1

Service Requests Aside from health, food and alcohol registration enquiries, the team also actions various by- law related requests, for example noise, fires, overhanging vegetation and skateboards in the CBD.

*

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 284 179 271 224 222 256 292 266 247 190 203 168 2,802 FY 15/16 175 212 194 211 174 321 303 302 345 2,237

*Note: Spike due to increased levels of noise complaints during the holiday period

Regulatory Committee Thursday 23 June 2016

16 ITEM A1 ITEM FOR DECISION

Customer Services

Customer Services provides a first point of contact for customers accessing all council services. The role of this team is to assist customers with their enquiry, problem solve, provide information and education, and resolve over 90% of enquiries at first point. Enquiries that cannot be resolved at first point are escalated to technical staff.

Customer Contacts The total number of customer contacts since the start of the financial year (1 July 2015) is 208,660.

Regulatory Committee Thursday 23 June 2016

17 ITEM FOR DECISION ITEM A1

Customer Service Standards

To date, an average of 96% of customer enquiries received over the front counter, were resolved at first point (standard 90%).

Front Counter - % of contacts resolved at first point FY 14/15 vs FY 15/16 98 97 96 95 94 93 92 91 90 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 14/15 93 96 95 95 97 96 96 97 97 95 97 97 FY 15/16 95 96 95 96 96 94 95 97 96

To date, an average of 71% of phone calls received, were answered within 20 seconds (standard 80%). The Contact Centre service level has been impacted by resignations, illness and training time required for new recruits.

Contact Centre - % of calls answered within 20 seconds FY 14/15 vs FY 15/16 90 85 80 75 70 65 60 55 50 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 14/15 76 87 80 83 86 84 81 80 75 71 80 78 FY 15/16 77 75 75 64 82 83 69 65 56

Regulatory Committee Thursday 23 June 2016

18 ITEM A1 ITEM FOR DECISION

Service Requests A service request is created when an enquiry cannot be answered at first point, or the resolution requires a technical response.

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total FY 14/15 2,838 2,450 2,513 2,466 1,837 1,775 2,303 2,078 2,212 2,012 2,253 2,106 26,843 FY 15/16 2,365 2,486 2,683 2,745 2,264 2,157 2,231 2,527 2,632 22,090

Regulatory Committee Thursday 23 June 2016

19 ITEM FOR DECISION ITEM A1

FINANCIAL AND RESOURCING IMPLICATIONS These activities were undertaken within existing resources.

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

Regulatory Committee Thursday 23 June 2016

20 ITEM A1 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016

1 ITEM FOR DECISION ITEM A2

PARKING PROHIBITIONS, RESTRICTIONS AND BUS STOPS PREPARED BY: Carl Whittleston (Manager Transportation) TEAM: Transportation APPROVED BY: David Langford (Infrastructure Manager) WARD/COMMUNITY: District Wide DATE: 9 May 2016 FILE REFERENCE: ECM 7118706

MATTER The matter for consideration by the Council is the creation of parking prohibitions, restrictions and bus stops at various locations within the New Plymouth District.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report and pursuant to the New Plymouth District Council Consolidated Bylaws 2008 Part 13: Traffic, the following parking prohibitions, restrictions and bus stops in the New Plymouth District be imposed:

NEW PLYMOUTH

Molesworth Street 1. Prohibit parking on the north side of Molesworth Street from 82.1m – 103.6m measured in an easterly direction from the prolongation of the east kerb of Pari Street.

Junction Street 2. Prohibit parking on the east side of Junction Street from 135.0m – 190.0m measured in a southerly direction from the prolongation of the south kerb of London Terrace.

Tokomaru Street 3. Prohibit parking on the west side of Tokomaru Street from 0.0m – 28.0m measured in a southerly direction from the prolongation of the south kerb of Timandra Street.

Timandra Street 4. Prohibit parking on the south side of Timandra Street from 0.0m – 8.0m measured in a westerly direction from the prolongation of the west kerb of Tokomaru Street.

Puketotara Street 5. Prohibit parking on the south side of Puketotara Street from 90.0m – 108.0m measured in an easterly direction from the prolongation of the east kerb of Junction Street.

Regulatory Committee Thursday 23 June 2016

2 ITEM A2 ITEM FOR DECISION

Farmers Lane 6. Revoke a loading zone on the east side of Farmers Lane from 69.0m – 79.0m measured in a southerly direction from the prolongation of the south kerb of Gill Street. 7. Prohibit parking as per the attached plan in Appendix E.

Awanui Street 8. Create a bus stop on the west side of Awanui Street from 53.0m – 67.0m measured in a southerly direction from the prolongation of the south kerb of Montana Place.

Nevada Drive 9. Create a bus stop on the north side of Nevada Drive from 12.0m – 28.0m measured in a westerly direction from the prolongation of the west kerb of Ambury Place.

INGLEWOOD

Rata Street 10. Revoke the following items on the north side of Rata Street measured in a westerly direction from the prolongation of the west kerb of Standish Street. i) Parking Prohibitions 0.0m – 22.0m ii) Parking Prohibitions 27.7m – 47.0m iii) P60 Parking (three parallel bays) 47.0m – 64.2m 11. Create the following items on the north side of Rata Street measured in a westerly direction from the prolongation of the west kerb of Standish Street. i) Parking Prohibitions 0.0m – 19.0m ii) P60 Parking (two parallel bays) 19.0m – 31.0m iii) Parking Prohibitions 31.0m – 66.0m iv) P60 Parking (two parallel bays) 64.2m – 76.4m

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

1. Endorse the proposed parking prohibitions, restrictions and bus Options stops.

2. Do nothing and retain the existing arrangement.

Regulatory Committee Thursday 23 June 2016

3 ITEM FOR DECISION ITEM A2

COMPLIANCE The persons who are affected by or interested in this matter are the Affected persons residents/property owners in the various locations. The views of these persons are discussed in the report. Recommendation This report recommends option 1 for addressing the matter. Long-Term Plan / Annual Plan No. Implications Significant Policy and Plan No. Inconsistencies

BACKGROUND

NEW PLYMOUTH

Item 1 Molesworth Street This item recommends the introduction of parking prohibitions across the vehicle accessways to Hardy Packaging Limited and Merv Lucas Auto Electrical, as well as the section of kerb between these accessways. Concern was raised by a delivery driver regarding vehicles parking adjacent the short section of kerb between the mentioned accessways. This section of kerb is approximately three metres in length therefore not long enough to accommodate a standard vehicle. When vehicles park in this location they overhang into the adjacent accessways causing visibility and access issues. By introducing parking prohibitions across the accessways and short section of kerb drivers are reminded they should not park in this location, as a result access and visibility are both improved.

Item 2 Junction Street This item recommends parking prohibitions adjacent the vehicle accessway to the Powerco depot on Junction Street. This item was raised by Powerco due to vehicles parking immediately north of the vehicle accessway thereby reducing visibility to the north. The southbound traffic lane on Junction Street has been widened in the area immediately north of the Powerco depot accessway, in order to better accommodate vehicles turning left into the Powerco depot. Vehicles occasionally park within this widened lane possibly mistaking it for a dedicated parking area. When vehicles are parked along this section of Junction Street it both reduces visibility to the north for motorists exiting the Powerco depot and thus reduces the ability for vehicles to safely turn left into the Powerco depot. These hazards will be mitigated by recommended introduction of parking prohibitions.

Regulatory Committee Thursday 23 June 2016

4 ITEM A2 ITEM FOR DECISION

Items 3 – 4 Tokomaru Street and Timandra Street These items recommend parking prohibitions on the southwest corner of the intersection of Tokomaru and Timandra streets. This issue was raised by a local resident due to safety concerns witnessed at the said intersection, particularly when events are held at the nearby Pukekura Raceway and/or Bowl of Brooklands. On occasions vehicles park on both sides of the street, close to the intersection, on both Timandra and Tokomaru streets. When this occurs, the carriageway thoroughfare is reduced to one lane. This can result in motorist confusion with regards to giving way and other resultant safety issues due to limited visibility/reduced sight lines. By introducing parking prohibitions, vehicles will not be able to park on both sides of the street so close to the intersection, hence allowing for two way traffic and improved safety.

Item 5 Puketotara Street This item recommends parking prohibitions on Puketotara Street across and adjacent the vehicle accessway to No. 2 Puketotara Street. The owner of No.2 Puketotara Street raised the issue as a result of vehicles parking too close to their vehicle accessway. The adjacent layby area is used as a parking area/meeting point for car-poolers. On occasions, vehicles are left parked too close to the accessway for No. 2 Puketotara Street affecting safe access/egress (see photos in Appendix D). The proposed prohibition lines will ensure vehicles are unable to park immediately adjacent the vehicle accessway concerned, improving access/egress and also reducing the chance of damage to parked vehicles.

Items 6 – 7 Farmers Lane These items recommend the revocation of an existing loading zone and the creation of new parking prohibitions within Farmers Lane. A new business operating at No. 16 Gover Street is proposed to be a 24 hour drive-in storage facility where vehicles enter via Gover Street and exit via Farmers Lane. In order to accommodate this proposed drive-in business, the existing loading zone (that previously serviced the back of No. 16 Gover Street) needs to be revoked/removed and replaced with parking prohibitions. The business operation concerned has also been granted approval from the New Plymouth District Council Planning Team. Formalising and marking the proposed prohibition lines is recommended to deter parking within the Farmers Lane accessway especially outside normal working hours.

Item 8 Awanui Street This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council due to proposed changes to commuter bus Route No.7. An additional loop north along Awanui Street, south along Nevada Drive and then west along Cumberland Street is to be introduced. Formalising a bus stop in this location on Awanui Street is recommended to service commuters in this area. To maximise visibility for passing motorists the proposed bus stop is located on a straight section of road between Montana Place and the entrance to Awanui Cemetery. The presence of this bus stop will also improve public awareness of the bus service.

Regulatory Committee Thursday 23 June 2016

5 ITEM FOR DECISION ITEM A2

Item 9 Nevada Drive This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council due to proposed changes to the local commuter bus Route No.7 as outlined above. Formalising a bus stop in this location near the intersection of Awanui Street and Nevada Drive will help to service commuters on Awanui Street north of Nevada Drive, as well as Ambury Place. The presence of this bus stop will also improve public awareness of the bus service.

INGLEWOOD

Items 10 – 11 Rata Street These items recommend changes in relation to the redevelopment of the existing RD1 site at the intersection of Rata and Standish streets in Inglewood. The redevelopment of the site includes relocating the vehicle accessways on Rata Street, consequently requiring a change in the existing on-street parking layout. Although parking bays are pushed slightly further from the CBD the net effect to the on-street parking on this section of Rata Street is a loss of only two P60 parking bays. The loss of on-street parking on Rata Street is somewhat offset by an improved and increased number of off-street parking options within the new development site. The development date is still to be confirmed.

SIGNIFICANCE AND ENGAGEMENT In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as of some importance because the changes herein can be funded from current roading budgets.

There are interested and affected parties affected regarding the matters raised in this report. Consultation has already been undertaken with these parties to obtain their views and preferences on the matters proposed in this report. Their views are covered in the options assessment section of this report.

OPTIONS Option 1 Endorse the proposed parking prohibitions.

a) Financial and Resourcing Implications The costs for implementing this option are for roadmarking and signage and these costs are covered within approved operational budgets. b) Risk Analysis The crash record for New Plymouth will not improve if road safety is not addressed via on-going measures such as those proposed in this report. The two measures proposed in this report are in response to community requests relating to improving safety at particular locations on the transport network.

Regulatory Committee Thursday 23 June 2016

6 ITEM A2 ITEM FOR DECISION

c) Promotion or Achievement of Community Outcomes This option promotes the ‘Our Community’ outcome by improving safety and transport connections for the community. d) Statutory Responsibilities The measures must comply with Council bylaws, relevant standards, regulation and statutes, particularly the Traffic Control Devices Manual and NPDC Bylaws Part 13: Traffic. e) Consistency with Policies and Plans This option is consistent with the Long Term Plan and one of the key performance indicators for Roads and Footpaths which is reducing the number of fatal and serious crashes in the District.

f) Participation by Māori There are considered to be no specific issues relating to Maori with this option.

g) Community Views and Preferences: The following information provides a summary of the consultation undertaken for each matter proposed in this report.

NEW PLYMOUTH

Item 1 Molesworth Street This item was raised by a delivery driver who accesses Hardy Packaging Limited. The businesses Hardy Packaging Limited and Merv Lucas Auto Electrical were consulted and have no objection to the proposal.

Item 2 Junction Street This item was raised by Powerco who support the proposal. No further consultation was undertaken.

Items 3 – 4 Tokomaru and Timandra streets These items were raised by a local resident. The owner of No. 6 Timandra Street was consulted and is neither in support of, or opposed to the proposal. The owner of No. 4 Tokomaru Street was consulted and does not oppose the proposal.

Item 5 Puketotara Street These items were raised and supported by the owner of No. 2 Puketotara Street. No further consultation was undertaken.

Items 6 – 7 Farmers Lane The business requiring these changes has attained approval from the New Plymouth District Council Planning Team. These items were raised and supported by the owner of No. 16 Gover Street. No further consultation was undertaken.

Regulatory Committee Thursday 23 June 2016

7 ITEM FOR DECISION ITEM A2

Item 8 Awanui Street This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council. The owners of No. 82 Awanui Street and No. 86 Awanui Street were consulted and do not oppose the bus stop. Concern was raised by the adjacent residents about vehicle speeds along Awanui Street.

Item 9 Nevada Drive This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council. The owners of No. 1 Ambury Place were consulted and do not oppose the bus stop, however they do not support the construction of a bus shelter in this location.

INGLEWOOD

Items 10 – 11 Rata Street Consultation for these items was undertaken by the consultant for the site developer. The owners of the property to the immediate west, (occupied by a Laundromat business) were consulted. These owners also own the Big Barrel Liquor Store at No. 23 Rata Street. There were some concerns raised with regard to the reduction in parking, however overall they consider the proposed parking layout to be adequate (see Appendix H). h) Advantages and Disadvantages This option is recommended for addressing the matter as it is cost effective and contributes to meeting the expectations of the community in regards to the matters raised by them.

Option 2 Do nothing and retain the existing arrangement. a) Financial and Resourcing Implications This option comes with no immediate cost but it may leave the Council exposed to cost at a later date to address consequences of not addressing some safety issues at this time. b) Risk Analysis Some of the matters proposed are to address a current issue of non-compliance with standards, good practice or bylaws. Not addressing these matters may expose the Council to risk for failure to act on a known issue. c) Promotion or Achievement of Community Outcomes This option will not promote any community outcomes. d) Statutory Responsibilities This option may prevent the Council performing some statutory responsibilities.

Regulatory Committee Thursday 23 June 2016

8 ITEM A2 ITEM FOR DECISION

e) Consistency with Policies and Plans This option would be inconsistent with the Long Term Plan with regards to meeting community expectations and improving safety on the transportation network. f) Participation by Māori There are considered to be no specific issues relating to Maori with this option. g) Community Views and Preferences

NEW PLYMOUTH

Item 1 Molesworth Street This item was raised by a delivery driver who accesses Hardy Packaging. The businesses Hardy Packaging Limited and Merv Lucas Auto Electrical were consulted and had no objection to the proposal.

Item 2 Junction Street This item was raised by Powerco who support the proposal. No further consultation was undertaken.

Items 3 – 4 Tokomaru Street and Timandra Street These items were raised by a local resident. The owner of No. 6 Timandra Street was consulted and is neither in support of, or opposed to the proposal. The owner of No. 4 Tokomaru Street was consulted and does not oppose the proposal.

Item 5 Puketotara Street These items were raised and supported by the owner of No. 2 Puketotara Street. No further consultation was undertaken.

Items 6 – 7 Farmers Lane The business requiring these changes has attained approval from the New Plymouth District Council Planning Team. These items were raised and supported by the owner of No. 16 Gover Street. No further consultation was undertaken.

Item 8 Awanui Street This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council. The owners of No. 82 Awanui Street and No. 86 Awanui Street were consulted and do not oppose the bus stop. Concern was raised by the adjacent residents about vehicle speeds along this stretch of Awanui Street.

Item 9 Nevada Drive This item was raised by the local commuter bus company Tranzit Coachlines and the Taranaki Regional Council. The owners of No. 1 Ambury Place were consulted and do not oppose the bus stop, however they do not support the construction of a bus shelter in this location.

Regulatory Committee Thursday 23 June 2016

9 ITEM FOR DECISION ITEM A2

INGLEWOOD

Items 10 – 11 Rata Street Consultation for these items was undertaken by the consultant for the site developer. The owners of the property to the immediate west, (occupied by a Laundromat business) were consulted. These owners also own the Big Barrel Liquor Store at No. 23 Rata Street. There were some concerns raised with regard to the reduction in parking, however overall they consider the proposed parking layout to be adequate (see Appendix H). h) Advantages and Disadvantages This option is not recommended due to the risk involved with not addressing the matters and that community consultation generally supports all the measures promoted.

Recommended Option This report recommends option 1 which endorses the parking prohibitions, restrictions and bus stops as proposed for addressing these matters.

APPENDICES Appendix A: Molesworth Street (Item 1). Appendix B: Junction Street (Item 2). Appendix C: Tokomaru and Timandra streets (Items 3 – 4). Appendix D: Puketotara Street (Item 5). Appendix E: Farmers Lane (Items 6 – 7). Appendix F: Awanui Street (Item 8). Appendix G: Nevada Drive (Item 9). Appendix H: Rata Street (Items 10 – 11) (including correspondence).

Regulatory Committee Thursday 23 June 2016

10 ITEM A2 ITEM FOR DECISION

APPENDIX A Molesworth Street

Regulatory Committee Thursday 23 June 2016

11 ITEM FOR DECISION ITEM A2

APPENDIX B Junction Street

Regulatory Committee Thursday 23 June 2016

12 ITEM A2 ITEM FOR DECISION

APPENDIX C Tokomaru and Timandra streets

Regulatory Committee Thursday 23 June 2016

13 ITEM FOR DECISION ITEM A2

APPENDIX D Puketotara Street

Regulatory Committee Thursday 23 June 2016

14 ITEM A2 ITEM FOR DECISION

Various photos of cars parked behind the vehicle accessway to No. 2 Puketotara Street.

Regulatory Committee Thursday 23 June 2016

15 ITEM FOR DECISION ITEM A2

APPENDIX E Farmers Lane

Regulatory Committee Thursday 23 June 2016

16 ITEM A2 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016

17 ITEM FOR DECISION ITEM A2

APPENDIX F Awanui Street

Regulatory Committee Thursday 23 June 2016

18 ITEM A2 ITEM FOR DECISION

APPENDIX G Nevada Drive

Regulatory Committee Thursday 23 June 2016

19 ITEM FOR DECISION ITEM A2

APPENDIX H Rata Street

Rata Street Consultation Consultation and background information in relation to the proposal. One proposed P60 parking bay on Rata Street has been removed since this version of the drawings was submitted due to possible visibility issues at the Standish and Rata streets intersection.

Regulatory Committee Thursday 23 June 2016

20 ITEM A2 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016

21 ITEM FOR DECISION ITEM A2

Regulatory Committee Thursday 23 June 2016

22 ITEM A2 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016

23 ITEM FOR DECISION ITEM A2

Regulatory Committee Thursday 23 June 2016

24 ITEM A2 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016

1 ITEM FOR DECISION ITEM A3

DISTRICT PETROLEUM ACTIVITY UPDATE PREPARED BY: Ralph Broad (Senior Planning Adviser) TEAM: District Planning APPROVED BY: Liam Hodgetts (Group Manager Strategy) WARD/COMMUNITY: District Wide DATE: 9 May 2016 FILE REFERENCE: ECM 7118837

PURPOSE An update on petroleum activity matters within or affecting this district and its communities. This is an update following the previous report provided to the 3 December 2015 Regulatory Committee.

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

SIGNIFICANCE AND ENGAGEMENT This report is provided for information purposes only and has been assessed as having some importance.

DISCUSSION 2016 Block Offer This Council lodged a submission with NZ Petroleum and Minerals (NZ PAM) on their 2016 Block Offer.

The submission sought the opportunity for a closer working relationship between Council’s and NZ PAM particularly around the formulation of Block Offers. Also the need for wider community engagement by NZ PAM beyond the Iwi engagement required by the Crown Minerals Act. The objective is to maintain and improve the social license for the industry to operate in our district.

NZ PAM advise that they received 33 submissions. Sixteen were from local authorities. Their generic response is attached as Appendix 1. Page 12 of the 134 page report includes the following detailed response:

REQUEST FOR WIDER PUBLIC CONSULTATION ON THE BLOCK OFFER Several submissions from local authorities express appreciation that the Ministry is engaging with them on the block offer process, despite having no statutory obligation to do so. They also request that the consultation process be open to the wider public as well, due to significant public interest on oil and gas issues. In addition, five submissions were received from individuals.

Regulatory Committee Thursday 23 June 2016 2 ITEM A3 ITEM FOR DECISION

Officials’ Response Consultation with the wider public is not provided for in the CMA. Officials consider that it is more appropriate for the public to be involved in consultation at later stages of the regulatory process, when there is specific information about proposed activity and areas likely to be affected. This is best done when a permit holder applies for resource consent or marine consent. The submissions received from individuals were not considered. However, officials will provide a written response to these submitters explaining that there will be more opportunities for them to be involved at later stages of the regulatory process.

The response reiterates the status quo. The regulatory process referred to in the underlined part of the statement is the Resource Management Act (RMA). The Council submission points out that the RMA process is the last part of the wider regulatory process and community engagement by NZ PAM ideally facilitated by Council’s is needed before the blocks are offered to inform community stakeholders and receive feedback.

Given that Taranaki remains the only producing province it is important to this District that the Council continue to work with NZ PAM to encourage early community engagement through the block offer process and to provide up-front information on the central Governments and Councils regulatory requirements and communities.

Central Government are responsible for a wide range of regulatory functions that apply to oil and gas activities such as the recently strengthened and focussed HSNO and Health & Safety requirements. Informing the community about how these are applied and enforced will help reassure our community that they are safe and reduce the negative impacts of misinformation.

Participation under the RMA is restricted to certain environmental effects recognised under the RMA’s framework and reflected by each Councils District Plan. Community participation is further restricted to those deemed to be directly affected. Successive revisions of the RMA have sought to confine participation to achieve efficient processes. Those in the community affected by matters outside the scope of the RMA are left without recognised channels of communication.

Improved RMA practitioner oil and gas technical guidance In 2015 Council officers assisted the Ministry for the Environment (MfE) in their work to improve RMA technical guidance for planning practitioners. Officers have provided comment on draft documents but these are yet to be finalised by the MfE.

Managing land farms District councils are charged with administering the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES CS). The NES CS specifies processes to manage potentially contaminated sites. The scope includes land farms where drilling waste is remediated using natural processes triggered by mixing with soil.

The NES CS does not address establishing a landfarm. This is the dealt with by the Taranaki Regional Council (TRC) as a Discharge to Land. The TRC also administer the surrender of the Discharge Consent once remediation is complete.

Regulatory Committee Thursday 23 June 2016 3 ITEM FOR DECISION ITEM A3

NES CS processes are triggered by subsequent soil disturbance, subdivision or a change of use of a landfarm, such as when the landfarm is returned to food production. Food production safety is the responsibility of The Ministry for Primary Industries (MPI).

Following public concern and a recommendation by the Parliamentary Commissioner for the Environment, the (MPI) have published guidelines and contaminant standards for landfarms that address their food safety responsibilities.

These NZ contaminant standards have been adopted by the TRC in their discharge consent processes and are appropriate to apply under the NES CS.

This means that both the TRC and councils apply the same release standards where a landfarm wishes to return to food production. This results in a considerable degree of regulatory duplication which is hard to justify to applicants.

The NPDC with support from the Stratford District Council and South Taranaki District Council have been working with TRC staff to investigate methods to reduce duplication. Consideration is being given as to whether the NES CS responsibilities could be transferred to the TRC, underpinned by a Memorandum of Understanding. This would reduce confusion and increase efficiency as both the NES CS change of use process and the Discharge Consent Surrender would be a single unified process managed by the TRC. If agreement is reached and the legal implications of a transfer are worked through then a further separate report to the Council will be required.

The MPI have recently had discussions with Taranaki Councils to unify the lines of communication and information so that landfarm operators are made aware of all their legislative responsibilities and that any alleged or actual incidents are addressed in an appropriate and co- ordinated way.

Consent related activity New exploratory and production activity continues to be minimal due to the low oil price. Current activity comprises:

• Todd Energy – Further maintenance work to remediate subsurface well damage is being carried out at their Mangahewa C site in . While this work is within consent parameters, the location and prominence of this site mean there are prolonged traffic and noise effects on the local community. Todd advise that changes to the design and management of wells specific to the subsurface conditions in the Mangahewa field should minimise the possibility of similar situations in the future. • AWE – Resource consent has been granted for the Kohatukai exploratory wellsite on Waiwakaiho Road, north of . The site is sensitively located and shares road use with an established quarry. • TAG Oil – production is continuing at Sidewinder A. The consented Sidewinder B site has yet to be established.

Regulatory Committee Thursday 23 June 2016 4 ITEM A3 ITEM FOR DECISION

• Greymouth Petroleum – The consent application for the Ohanga B wellsite at Waiau Road, has been put on hold by the applicant pending affected party approval. The application for the Kowhai D wellsite at Maunganui Road, is on hold pending investigations to establish the extent of Okawa Pa. Well stimulation activities including fracking are being carried out at the Turangi A and Kowhai C wellsites.

Complaints and compliance There are no current complaint or compliance issues.

District Plan Review All three Taranaki district councils are working to align their future District Plan Petroleum provisions as part of their respective District Plan reviews.

South Taranaki District Council (STDC) have notified their Proposed District Plan. The hearing of submissions commenced on 16 May 2016. A number of submissions have been made to the proposed oil and gas provisions. This Council has made a general submission in support of the proposed provisions and offered to provide comment and assistance if requested.

While the STDC Proposed Plan oil and gas provisions are substantially acceptable, learnings from Tikorangi have raised issues that have not been able to be addressed under the current New Plymouth effects based plan and have yet to be experienced elsewhere in Taranaki so are not directly addressed in the STDC plan. The Review will address these.

Work has progressed on the draft District Plan with a new District Plan Framework and associated objectives and policies available for stakeholder and community comment later this year. Consideration is currently being given to community feedback received on oil and gas issues with the current District Plan alongside industry best practise. The current focus is to refine the approach proposed by STDC to provide greater direction for good site selection. Particular issues to be managed are ensuring traffic uses the correct roads; locations next to more sensitive activities and how visual impacts can be managed. Engagement with key stakeholders including industry will occur to ensure plan provisions are workable.

FINANCIAL AND RESOURCING IMPLICATIONS This work is within existing budgets and resourcing.

Regulatory Committee Thursday 23 June 2016 5 ITEM FOR DECISION ITEM A3

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

Regulatory Committee Thursday 23 June 2016 6 ITEM A3 ITEM FOR DECISION

APPENDIX 1: NZ Petroleum & Minerals – Response to Block Offer 2016 Consultation

Regulatory Committee Thursday 23 June 2016 7 ITEM FOR DECISION ITEM A3

Regulatory Committee Thursday 23 June 2016 8 ITEM A3 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016 1 ITEM FOR DECISION ITEM A4

EXEMPTIONS FROM FENCING OF SWIMMING POOLS AND SPAS PREPARED BY: Lois McNeil (Swimming Pools Compliance Officer) TEAM: Building APPROVED BY: Peter Scantlebury (Building Lead) WARD/COMMUNITY: District Wide DATE: 3 June 2016 FILE REFERENCE: Document Set ID 7140517

PURPOSE The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act.

RECOMMENDATION That, having considered all matters raised in the report, the Council grants, subject to the conditions set out below, special exemptions pursuant to section 6(1) of the Fencing of Swimming Pools Act 1987 for the following spa pools:

1. Spa pool at 103B Oxford Road, Okato 2. Spa pool at 1302 Junction Road. New Plymouth 3. Spa pool at 1273 Junction Road, New Plymouth 4. Spa pool at 1073 Egmont Road, New Plymouth 5. Spa pool at 190 Dorset Road, New Plymouth 6. Spa pool at 11 Rossiter Crescent, New Plymouth

For each of the spa pool special exemptions above the Council imposes the following conditions which apply when the pool is full or partially full of water and not in use:

1. The top of the spa or hot tub stands at least 760 mm above the surrounding ground or deck. 2. The cover will be locked and clear of any climbable object (including the steps).

3. The locks shall not be able to be readily opened or released by a child of up to the age of six years.

4. When locked, the cover shall be fitted so that if lifted it does not release the locking device or provide an opening greater than 100 mm.

5. The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20 kg to ensure that it will carry more than the weight of a child up to six years of age.

Regulatory Committee Thursday 23 June 2016 2 ITEM A4 ITEM FOR DECISION

6. The cover shall be tapered from the centre hinge to the out edge of the cover so that water will not pond on top of it.

7. The cover, clips and locks shall be maintained at all times in a good state of repair.

8. A warning sticker shall be placed on the cover to advise that it shall be locked in place with the spa pool or hot tub is not being used or supervised.

9. Removable steps, moveable furniture, or other objects that can assist a young child to climb on the cover, shall be stored away at least 1200mm from the side of the pool.

SIGNIFICANCE AND ENGAGEMENT This matter has been assessed as having some importance because the options considered will have no impact on levels of service or the Council’s ability to perform its role and carry out its activities.

DISCUSSION The Fencing of Swimming Pools Act 1987 (FoSP Act) requires all pool owners to ensure that their pool is fenced by a fence that complies with the requirements of the Building Code. A spa pool and hot tub is currently included in the definition of a swimming pool.

Section 6(1) of the FoSP Act enables the Council to grant an exemption from some or all of the requirements of the Act in the case of fencing any particular pool so long as the exemption would not significantly increase danger to young children.

The Council has delegated its powers and functions of section 6 of the FoSP Act to the Regulatory Committee. The legislation does not provide for the delegation of this power to officers.

Each individual application has been assessed against the requirements and safety considerations of the FoSP Act and officers consider that the safety conditions set out in the recommendation of this report are reasonable in the circumstances. The conditions are sufficient as safety measures to ensure that the omission of a fence does not significantly increase the danger to young children and therefore complies with the requirements of section 6(1) of the Act. Accepting lockable covers for spa pools as a safety measure is consistent with the provisions of New Zealand Standard 8500:2006 Safety Barriers and Fences around Swimming Pools, Spas and Hot Tubs.

OPTIONS The Regulatory Committee has the option to approve the recommendation in this report or to refer the matter for a formal hearing at considerable cost to the pool owners.

FINANCIAL AND RESOURCING IMPLICATIONS The process of special exemptions for unfenced spa pools or hot tubs is incorporated in the building budget and is funded by the registration and audit fee paid by the applicant.

Regulatory Committee Thursday 23 June 2016 3 ITEM FOR DECISION ITEM A4

IMPLICATIONS ASSESSMENT This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically:

• Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter;

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

• Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan;

• Any decisions made are consistent with the Council's plans and policies; and

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

Regulatory Committee Thursday 23 June 2016 4 ITEM A4 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016 1 ITEM FOR DECISION ITEM A5

TEMPORARY ROAD CLOSURE – TARANAKI CAR CLUB MANA ROAD HILL CLIMB PREPARED BY: KATE KEEGAN (BUSINESS ADMINISTRATOR) TEAM: DISTRICT SERVICES APPROVED BY: KATRINA BRUNTON (CUSTOMER AND REGULATORY SOLUTIONS MANAGER) WARD/COMMUNITY: SOUTH WEST, INGLEWOOD DATE: 7 JUNE 2016 FILE REFERENCE: ECM 7136435

MATTER The matter for consideration by New Plymouth District Council is to recommend the temporary closure of Mana Road to enable the Taranaki Car Club to hold the Mana Road Hill Climb motorsport event.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the road closure for the following event be approved:

Taranaki Car Club Mana Road Hill Climb

Date and period of closure: from 7am to 5pm on Sunday 17 July 2016.

Road to be closed: Mana Road.

The above road closure is subject to the conditions outlined in a letter sent to the Taranaki Car Club dated 5 April 2016.

COMPLIANCE Significance This matter has been assessed as having some importance.

Regulatory Committee Thursday 23 June 2016 2 ITEM A5 ITEM FOR DECISION

COMPLIANCE

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

1. Approval of this road closure application to allow the Taranaki Car Club to hold the Mana Road Hill Climb. This would result in Mana Road being closed for motorsport events twice within Options a twelve month period.

2. To not approve this road closure application, which would mean the Taranaki Car Club could not hold the Mana Road Hill Climb, as this event cannot safely take place without a road closure in place.

The persons who are affected by or interested in this matter are residents, property owners and the operators of the Oil and Gas site on Mana Road, and residents on nearby roads within hearing distance of Affected persons the event. Motorsport enthusiasts will be interested in this matter as a decision on the road closure will determine their involvement with the Mana Road Hill Climb event. Recommendation This report recommends option one for addressing the matter. Long-Term Plan / Annual Plan No. Implications Significant Policy and Plan No. Inconsistencies

EXECUTIVE SUMMARY This report recommends the temporary closure of Mana Road to allow the Taranaki Car Club to hold the Mana Road Hill Climb motorsport event.

BACKGROUND In accordance with the 10th Schedule of the Local Government Act 1974, the intention to close Mana Road was advertised in the North Taranaki Midweek and Taranaki Daily News on 18 May, and uploaded to the Council website and Facebook pages on 13 May. Submissions closed at 4pm on Wednesday 1 June and no submissions were received.

Regulatory Committee Thursday 23 June 2016 3 ITEM FOR DECISION ITEM A5

Mana Road is a location frequently used for motorsport events in the New Plymouth District. Since accurate Council records of road closures commenced in 2009, Mana Road has been closed every year, sometimes more than once. Between December 2009 and the present Mana Road has been closed on 10 occasions for motorsport events. The most recent closure was October 2015 for the Targa Rally.

SIGNIFICANCE AND ENGAGEMENT In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as having some importance because it does not have a large impact on the public. It does have an increased impact on people with properties on rural roads that are regularly closed for motorsport events.

The Taranaki Car Club has visited all properties affected by the proposed road closures, to provide a letter advising them of the road closure application, details about the Hill Climb event and to advise on the submission process. If personal contact could not be made a copy of the letter was left at the property. A list of all properties visited by the Car Club has been provided to Council Officers.

At the time of receiving the road closure application, Council Officers advised emergency services, heavy traffic operators working within the dairy and energy industries, and all other road user stakeholders of the proposed closure and submission period.

The Taranaki Car Club has initiated contact with the New Zealand Energy Corp. owned Waihapa Production Station, who operate the unmanned Tariki A Wellsite located at rapid number 62 Mana Road. Waihapa Production Station staff have advised the Car Club that they can coordinate access to Mana Road around the road closure as this site has planned maintenance visits approximately once a month.

FINANCIAL IMPLICATIONS The Taranaki Car Club is required to meet all financial costs for closing the road and running the Mana Road Hill Climb.

If the road closure application is approved the Council will arrange an inspection of the road surface and surrounding fixtures to take place before and after the event. Any additional cost generated by repairing damage to road assets or private property caused by the event is also the responsibility of the Taranaki Car Club.

OPTIONS

Option 1 Approval of this road closure application to allow the Taranaki Car Club to hold the Mana Road Hill Climb. This would result in Mana Road being closed for motorsport events twice within a twelve month period.

Regulatory Committee Thursday 23 June 2016 4 ITEM A5 ITEM FOR DECISION

Option 2 To not approve this road closure application, which would mean the Taranaki Car Club could not hold the Mana Road Hill Climb, as this event cannot safely take place without a road closure in place.

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

APPENDICES

1. Letter to the Taranaki Car Club outlining conditions of temporary road closure. ECM 7123217.

2. Map of the affected area for the Mana Road Hill Climb. ECM 7123131

Regulatory Committee Thursday 23 June 2016 5 ITEM FOR DECISION ITEM A5

When replying please quote Application Number - RTC16/00200

13 May 2016

TARANAKI CAR CLUB INC PO Box 704 Taranaki Mail Centre NEW PLYMOUTH 4340

Attention: Garnett Henderson

Dear Garnett,

ROAD CLOSURE UNDER THE LOCAL GOVERNMENT ACT 1974 – Taranaki Car Club Mana Road Hill Climb

We acknowledge your application requesting the closure of Mana Road to enable the Taranaki Car Club to stage the above event.

Date and period of closure: from 7am to 5pm on Sunday 17 July 2016.

Road to be closed: Mana Road.

Council will consider this application on 23 June 2016 in accordance with Schedule 10 of the Local Government Act 1974.

The Council must give public notice of the proposed closure in accordance with the Act and then consider any objections or submissions received in that respect.

The Council requires your organisation to:

a) Pay the cost of the public notice.

b) Make personal contact with all residential and commercial property occupiers affected by the proposed closure, to inform them of the event. Where personal contact cannot be made, a letter outlining the proposed closure and the right to make a submission must be given to the affected party instead. This contact should be completed at least seven days before closure of the submissions at 4pm on Wednesday 1 June (and in any event allowing sufficient time for an affected party to make a submission). A copy of your visitation list and/or letter to affected parties is required by the Council immediately after that date.

c) Provide a traffic management plan (TMP) compiled by an authorised Site Traffic Management Supervisor to the Council before Wednesday 1 June setting out signage, barrier details, crowd control procedures and access arrangements.

Regulatory Committee Thursday 23 June 2016 6 ITEM A5 ITEM FOR DECISION

ROAD CLOSURE CONDITONS

If the Council gives its consent to the closure and the event, you must comply with the following conditions:

1. You must give formal notice of the event to the Police and the New Zealand Fire and Ambulance Services.

2. You must ensure that the approved TMP is strictly adhered to throughout the event.

3. You must provide at your cost sufficient marshals to control and direct vehicles and pedestrians at all points where the closed road intersects with any open road and elsewhere as necessary. All marshals shall wear traffic safety vests or other high visibility clothing whilst on or adjacent to the roadway.

4. Please ensure that warning tape is placed over any vehicle access to closed road, to ensure residents are aware of the event. Signage on the tape should provide warning to the effect that: ‘Rally in progress – keep off road – contact details (Provide mobile phone number(s)).’

5. You must make adequate provisions to give emergency vehicles, property owners and occupiers within the area and their invitees, customers or employees reasonable access to and from properties on the closed road. For through roads make adequate provisions for reasonable access through the closed section. Details must be included in the TMP required under condition 2.

6. Upon completion of the event, and no later than the time specified for the end of the closure, you must remove all signs and barricades restricting access, and clear all litter and debris from the road to the satisfaction of the Council.

7. You are required to advise the Council of any damage to the road surface, shoulders, drainage channels, verges, signs or other Council Property whatsoever resulting from the event.

8. You are responsible to pay all costs incurred in making good any damage to Council Property or any third party property and pay all costs incurred by the Council or any third party in making good any such damage, whether reported or not.

9. You must notify the Police, New Zealand Fire and Ambulance Services and the Council in the event that the road closure is no longer needed.

10. Where a late cancellation of the event takes place (i.e. after road closure signs, barriers etc. have been placed at the venue), you will ensure that the full TMP shall remain in place for the approved road closure time period; or until such time as the Site Traffic Management Supervisor can liaise with the Police to ensure that there

Regulatory Committee Thursday 23 June 2016 7 ITEM FOR DECISION ITEM A5

would be no risk to vehicular or pedestrian traffic if the event was cancelled and the TMP conditions removed.

11. You are responsible for taking out public liability insurance to indemnify the Council against any claims or actions that may arise from the staging of the event to a minimum of $1 million in respect of any one claim or accident. A copy of the policy or a cover note must be provided to the Council no less than 28 days prior to the meeting of the Council that will make the decision.

12. You must comply with, and ensure that all competitors comply with, all relevant laws and regulations not waived by the temporary road closure under Section 342 and Schedule10 of the Local Government Act 1974.

13. You are responsible for meeting all costs associated with the temporary closure of the road(s) including the costs to contract a person/company qualified to prepare the TMP and undertake traffic management for the activity and to hire signs or other traffic controls devices. You will also be required to meet the reasonable cost of any Council staff required in relation to the event.

The Local Government Act 1974 requires the Council to give public notice of any intended road closure. We will endeavour to place an appropriate public notice for the event in the Council’s 7 Days newsletter in the North Taranaki Midweek newspaper (depending on available space), free of charge and in the Taranaki Daily News on Wednesday 18 May. We will forward the account for the Taranaki Daily News advertisement to you. The public notice will also be uploaded to the Council website and Facebook pages.

We will contact you after the Council meeting on 23 June 2016 and advise you of the Council’s decision. If you require any further information please do not hesitate to call.

For further information, you can also check the Council’s Temporary Road Closure and Disruption to Traffic Policy and Guidelines on New Plymouth District Council’s website by following the link below: http://www.newplymouthnz.com/CouncilDocuments/Policies/TemporaryRoadClosureandDis ruptiontoTrafficPolicyandGuidelines.htm

Yours faithfully

Katrina Brunton CUSTOMER AND REGULATORY SOLUTIONS MANAGER cc: Roading Approvals Emergency Services Traffic Management Solutions Transportation, New Plymouth District Council

Regulatory Committee Thursday 23 June 2016 8 ITEM A5 ITEM FOR DECISION

Regulatory Committee Thursday 23 June 2016