MEMORANDUM FOR: 5 October 2018 ..................................................……. Statutory Management Committee NOTICE IS HEREBY GIVEN that there will be a meeting of the Statutory Management Committee at: 9.00am on Thursday, 11 October 2018 in the Council Chamber, Municipal Office Building, 101 Guyton Street, Whanganui. Hearings of submissions in relation to the Castlecliff Reserve Management Plan Business The following items of business will be considered:- No Item Page Ref 1. Apologies……………………………………………………………………………………………………… 3 2. Declaration of Interest…………………………………………………………………………………. 3 3. Standing Order 3.5 – Temporary Suspension of Standing Orders…………………. 3 4. Consideration of Submissions on the Castlecliff Coastal Reserve Management Plan ......................................... 4 A-E Adjournment 5. Deliberations of Submissions on the Castlecliff Coastal Reserve Management Plan ......................................... 8 Kym Fell Chief Executive _____________________________________________________________________________ Statutory Management Committee Terms of Reference Terms of Reference: 1. Regulatory: (a) To hear and determine matters under the Dog Control Act 1996; (b) To hear and determine objections to urban and rural temporary road closure objections. (c) Delegated power under section 67A of the Building Act to grant a waiver or modification of section 162C (1) or (2) of the Building Act. (d) Delegated power under clause 16.2 of the Whanganui District Council Streets Infrastructure Bylaw 2015 to confirm, reverse, or modify the decision or conditions made by an authorised officer. 2. Policy and Bylaws: (a) To hear and make recommendations to Council on the adoption of a bylaw. (b) To hear and make a determination on those submissions on proposed policies except those policies required to be adopted and consulted on under the Local Government Act in association with the long-term plan or developed for the purpose of the Local Governance Statement. 3. Hearings under the Resource Management Act 1991: (a) To hear and make recommendations to Council on changes to the District Plan pursuant to the Resource Management Act 1991. (b) To hear and determine resource consent applications pursuant to the Resource Management Act 1991 to the extent authorised by the Council delegation. Hearing of Submissions The Committee welcomes the opportunity to hear from the public in person during our consultation processes. • Submitters have been allocated a time to speak to Council. • Each submitter is allocated a ten-minute slot. This slot includes any time you need to make PowerPoint or video presentations and receive questions from the Committee. • The Committee has already received a copy of your written submission and will have it in front of them. As a result, it is best you use the time you have in your oral submission to emphasise your main points and present any new information. • Importantly, this is also an opportunity for the Committee to ask any questions in relation to your submission. • When it is your time to present to the Council, the Chair will introduce you and invite you to come to the table to speak. • Submitters are asked to sit at the table facing the chair of the meeting. There will be a microphone on the desk which you can use if you wish. • After you have finished your submission, the Committee may want to ask you questions so they can better understand your position. Please allow for this within your allocated speaking time. • Please be aware there are often journalists or other members of the public at the meeting. It is, therefore, possible that what you say could appear in a news report or elsewhere Statutory Management Committee 11 October 2018 3 Statutory Management Committee Hearing Members Mayor Hamish McDouall (Chair), Deputy Mayor Cr Jenny Duncan, Crs Charlie Anderson, Philippa Baker-Hogan, David Bennett, Josh Chandulal-Mackay, Murray Cleveland, Helen Craig, Kate Joblin, Hadleigh Reid, Alan Taylor, Rob Vinsen and Graeme Young. 1. Apologies 2. Declaration of Interest 3. Standing Order 3.5 – Temporary suspension of standing orders Significance of decision – In terms of the Significance and Engagement Policy 2018, the recommended decision is not significant. Recommendation to Council 3.1 THAT pursuant to Standing Order 3.5, the Statutory Management Committee temporarily suspends Standing Order 4.2 to enable the meeting to continue for more than six hours. Standing Order 3.5 – Temporary suspension of standing orders A local authority or committee may temporarily suspend standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension (see Standing Order 4.2). Standing Order 4.2 – Meeting duration A meeting cannot continue more than six hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting, or transferred to an extraordinary meeting. A meeting which is scheduled to transact its business over two consecutive days can continue for more than six hours provided that the meeting, on any one day, does not exceed six hours unless the meeting resolves to continue. A meeting cannot continue more than three hours without a break of at least ten minutes unless the meeting resolves to extend the time before a break. It is recommended that Standing Order 4.2 – Meeting duration – be set aside for the duration of this meeting. Statutory Management Committee 11 October 2018 4 4. Consideration of Submissions on the Castlecliff Coastal Reserve Management Plan Significance of decision – In terms of the Significance and Engagement Policy 2018, the recommended decision is significant. As a result, the Castlecliff Coastal Reserve Management Plan has been through a public consultation process as required under the Reserves Act 1977. Recommendation to Committee 4.1 THAT the submissions on the Castlecliff Coastal Reserve Management Plan be considered. 4.2 THAT decisions on submissions be accepted, accepted in part, or not accepted during deliberations, and these decisions be incorporated where necessary into the Castlecliff Coastal Reserve Management Plan. 4.3 THAT under the Statutory Management Committee’s Terms of Reference, the Committee determines that Whanganui District Council adopts the Castlecliff Coastal Reserve Management Plan incorporating decisions from deliberations. Victoria Edmonds, Policy Planner, reports: Executive summary The purpose of this report is for the Committee to consider all submissions and make decisions, including any amendments, to be incorporated into the Castlecliff Coastal Reserve Management Plan. Background Preparation of a Reserve Management Plan is a requirement for Castlecliff Coastal Reserve under Section 41 of the Reserves Act 1977. A total of 39 submissions were received, with 14 wishing to present their submission to Council. The Hearing of Submissions timetable (Ref A) and a copy of the submissions to be presented are attached (Ref B). A link to the full volume of submissions is on the Council’s website. An analysis of the submissions, with a summary of each submission including officer comments and recommendations, is attached (Ref C). Based on submitter feedback changes are recommended to be made to the Castlecliff Coastal Reserve Management Plan. These changes are shown as highlighted text (Ref D). Statutory Management Committee 11 October 2018 5 Options The options available are: 1. Accept the Council officer’s recommendations and adopt the plan. 2. Amend the recommendations and adopt an amended plan. 3. Instruct Council officer to do further work in response to the matters received in submissions prior to adopting the plan. Considering and deliberating on the submissions received on the Castlecliff Coastal Reserve Management Plan fits with the purpose of Local Government, Section 10 (1) (a), ‘to enable democratic local decision-making and action by, and on behalf of, communities’. Draft Reserve Management Plan The draft Castlecliff Coastal Reserve Management Plan provides an outline of the Council’s aspirations and intentions for the use, development, maintenance, protection and preservation of Castlecliff Reserve (as required under Section 41 of the Reserves Act 1977). The Reserves Act 1977 also requires Council to keep its management plan under continuous review. The current management plan is dated from 2005, so a review is necessary. The key issues (in no particular order) raised in the submissions were: • Vehicle access and speed limits. • Destruction of the dunes by vehicles. • Pedestrian access and formal/informal paths. • The degraded state of the North Mole. • Lack of shading provided for within Reserve. • Whanau/hapu/iwi engagement. Next steps All requirements of the Reserve Act 1977 have been adhered to for the draft Castlecliff Coastal Reserve Management Plan. Officer recommendations are provided, in relation to submissions received on the draft Castlecliff Coastal Reserve Management Plan, to assist the Statutory Management Committee to consider and deliberate. Statutory Management Committee 11 October 2018 6 The changes to the Reserve Management Plan reflect core functions of Council in accordance with both the Local Government Act 2002 and the Reserves Act 1977. Suitable engagement, consultation and notification has occurred in accordance with the requirements