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Notice is hereby given that an Ordinary Meeting of Southland District Council will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 19 May 2015

9am

Council Chambers
15 Forth Street
Invercargill

 

Council Agenda

 

OPEN

 

 

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Stuart Baird

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel  Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Committee Advisor

Maree Fyffe

 

Chief Executive

Steve Ruru

 

 

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 

 


Delegations of Council/Committee/Community Board/CDA insert text here.


Council

19 May 2015

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        5

2          Leave of absence                                                                                                           5

3          Conflict of Interest                                                                                                         5

4          Public Forum                                                                                                                  5

5          Extraordinary/Urgent Items                                                                                          5

6          Confirmation of Council Minutes                                                                                5

Reports - Policy and Strategy

7.1       Disqualification from owning a dog - Objection from Frederick John McCullough         7

7.2       Draft Submission to Rules Reduction Taskforce                                                    19

7.3       Long Term Plan 2015-2025 - Public Consultation and Feedback                          35

7.4       Council Officers' Amendments to the Long Term Plan 2015-2025 and Supporting Information Documents                                                                                              53

7.5       Long Term Plan 2015-2025 - Key Issues and Funding Requests                          65

7.6       Appendix 1:  Strategies, Financial Issues and Rating                                             73

7.7       Appendix 2:  NZTA Investment Programme                                                            93

7.8       Appendix 3:  Maintaining Roads and Levels of Service                                         99

7.9       Appendix 4:  Roading Rate Model                                                                           111

7.10     Appendix 5:  Sealing the Catlins Road                                                                   125

7.11     Appendix 6:  Funding Infrastructure and Depreciation                                        141

7.12     Appendix 7:  Rating Differential                                                                               149

7.13     Appendix 8:  Fees and Charges                                                                               161

7.14     Appendix 9:  Funding and Grant Requests                                                            169

7.15     Appendix 10:  Around the Mountains Cycle Trail                                                 177

7.16     Appendix 11:  Curio Bay Wastewater Project                                                        183

7.17     Appendix 12:  Manapouri Wastewater Disposal                                                    191

7.18     Appendix 13:  District and Local Issues and Comments                                      197

7.19     Appendix 14:  Operational Matters                                                                          211

7.20     Appendix 15:  Performance Measures                                                                    217

7.21     Development and Financial Contributions Policy                                                 221

7.22     Remission and Postponement of Rates Policy                                                      261

7.23     Remission and Postponement of Rates on
Māori Freehold Land Policy                                                                                    
279

7.24     Early Payment of Rates Policy                                                                                 289

Reports - Operational Matters

Nil

Reports - Governance

Nil  

Public Excluded

Procedural motion to exclude the public                                                                            299

C10.1  Public Excluded Minutes of the Council Meeting dated 22 April 2015               299  

 


Council

19 May 2015

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1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          Leave of absence

 

At the close of the agenda no requests for leave of absence had been received.

 

3          Conflict of Interest

Councillors are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a councillor and any private or other external interest they might have. It is also considered best practice for those members in the Executive Team attending the meeting to also signal any conflicts that they may have with an item before Council.

 

4          Public Forum

Notification to speak is required by 5pm at least two days before the meeting. Further information is available on www.southlanddc.govt.nz or phoning 0800 732 732.

 

5          Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the Council to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i)    The reason why the item was not on the Agenda, and

(ii)        The reason why the discussion of this 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

(b)          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.”

 

6          Confirmation of Council Minutes

6.1         Meeting minutes of Council, 22 April 2015


Council

19 May 2015

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Disqualification from owning a dog - Objection from Frederick John McCullough

Record No:        R/15/4/6825

Author:                 Michael Sarfaiti, Environmental Health Manager

Approved by:       Bruce Halligan, GM - Environment and Community

 

  Decision                             Recommendation                        Information

 

   

 

Purpose

1        To determine Mr Frederick John McCullough’s objection to disqualification from owning a dog.

Executive Summary

2        On 23 March 2015, the Group Manager Environment and Community disqualified
Mr McCullough, of 5 Bolton Street, Orepuki, from owning a dog until 23 March 2018, in accordance with Section 25 of the Dog Control Act 1996. 

3        Mr McCullough has objected to the disqualification, and is entitled to appear before the Council and speak in support of the objection. 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Disqualification from owning a dog - Objection from Frederick John McCullough” dated 12 May 2015.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Upholds the decision to disqualify Mr Frederick John McCullough and gives notice of this decision to Mr McCullough in accordance with Section 26(4) of the Dog Control Act 1996.   

 

Content

Background

 

4       Animal Control has received a large number of complaints since 2009 regarding
Mr McCullough
's dogs wandering in Orepuki. He has received verbal warnings, written warnings, had his dogs impounded and received multiple infringements.

 

5       Mr McCullough’s infringement history within the last two years is as follows:

         

Infringement Number

Date of Offence

Offence

3072

10/7/2014

Failed to keep dog under control

3073

10/7/2014

Failed to keep dog under control

3090

5/9/2014

Failed to keep dog under control

3098

22/9/2014

Failed to keep dog under control

3149

16/11/2014

Kept an unregistered dog

3150

16/11/2014

Kept an unregistered dog

 

6       At the time of writing, all of Mr McCullough’s dogs are registered, largely due to the number of impoundings.

 

7       One of Mr McCullough’s dogs is declared a working dog (‘Sam’).

 

8       Being satisfied that the legal criteria had been met, on 23 March 2015 the Group Manager Environment and Community disqualified Mr McCullough from owning a dog until 23 March 2018.

Issues

 

9       Section 26(3) of the Dog Control Act prescribes the matters that Council is required to have regard to in considering this objection.  These are outlined below.

 

10     The circumstances and nature of the offence or offences in respect of which the person was disqualified.

 

11     The infringement history above shows a history of significant repeat offending under the
Dog Control Act 1996 (the Act).

 

12     The competency of the person objecting in terms of responsible dog ownership:

 

13     Mr McCullough is not practicing responsible ownership by his repeated offending and failure to work with dog control staff.

 

14     Any steps taken by the owner to prevent further offences:

 

15     Officers are not aware of any steps taken.

 

16     The matters advanced in support of the objection:


 

17     Mr McCullough advises:

 

·              Joint ownership with his wife,

·              Effect on his ability to herd stock without working dogs,

·              The character of the town populace.

 

Any other relevant matters

 

18     Attack post disqualification - on 18 April 2015 Council was notified of a sheep that had been mauled, but still alive, at the corner of Salford Street and Dover Street at Orepuki.
The Ranger attended and euthanised the sheep.  Later, Mr McCullough’s wife
Marg McCullough advised the Ranger that the sheep was theirs and the dog belonged to their son Michael who was in Australia.  Mr McCullough had the dog destroyed (a Smithfield cross).  Mr McCullough was issued an infringement for failure to keep a dog under control, being a legal owner of the dog by possession.

Factors to Consider

Legal and Statutory Requirements

 

19     The Dog Control Act provides:

 

25        Disqualification of owners

(1)        A territorial authority must disqualify a person from being an owner of a dog if

(a)        the person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months; or

(1A)   Subsection (1) does not apply if the territorial authority is satisfied that the circumstances of the offence or offences are such that—

               (a)     disqualification is not warranted; or

   (b)      the territorial authority will instead classify the person as a probationary owner under Section 21.”

Community Views

20                  The public is particularly concerned about wandering dogs and irresponsible owners, and expects Council to take appropriate action to protect communities.

Costs and Funding

21                  Mr McCullough is entitled to appeal the Council’s decision to the District Court, and so there would be legal costs associated with any appeal process.

Policy Implications

22                  Council’s Dog Control Policy 2010 enables Council to accept the recommendation of this report.

Analysis

Options Considered

23      The following are the options for the Council to consider:

 

Analysis of Options

 

Option 1 - Uphold the disqualification.

 

Advantages

Disadvantages

·        Prevents Mr McCullough from owning a dog for a period, and during this period the local community will have relief.

·        Fulfils the public expectation of firm action with irresponsible owners and wandering dogs. 

·        None identified.

Option 2 - Bring forward the date of termination of the disqualification.

 

Advantages

Disadvantages

·        An option if the Council believes that the period of disqualification is too long. 

·        The period of disqualification is reasonable in my view, given
Mr McCullough’s disregard for complying with dog control laws despite efforts from dog control staff to resolve his non-complying.

Option 3 - Immediately terminate the disqualification.

 

Advantages

Disadvantages

·        None identified.

·        The criteria for disqualification has been met, and there is not sufficient reason to terminate the disqualification.

Assessment of Significance

 

This decision is not considered significant in terms of the decision-making requirements of the Local Government Act 2002.

Recommended Option

24      Option 1 is recommended.  Mr McCullough has shown considerable irresponsibility in dog ownership in repeatedly offending under the Act.  Despite a number of visits from
Animal Control staff encouraging Mr
McCullough to be more responsible he has failed to do so. In upholding the disqualification, the Orepuki community will be protected during this period.

Next Steps

25      To give notice of this decision to Mr McCullough in accordance with Section 26(4) of the Dog Control Act 1996, and Dog Control staff will ensure that the disqualification will be complied with.

 

Attachments

a         Letter of objection View

b         Signed Notice of Disqualification  View

c         Signed Memo to Bruce Halligan View    

 


Council

19 May 2015

 


Council

19 May 2015

 


 


Council

19 May 2015

 


 


 


 


Council

19 May 2015

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Draft Submission to Rules Reduction Taskforce

Record No:        R/15/4/6996

Author:                 Bruce Halligan, GM - Environment and Community

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        A draft submission has been prepared to the Government’s Rules Reduction Taskforce.
The Council’s consideration of this draft submission is requested and if the Council is comfortable with this submission, or subject to any amendments which the Council may require, approval is sought to send this to the Taskforce.

Executive Summary

2        The Government has initiated the Rules Reduction Taskforce, with a key aim being to seek to focus on regulatory requirements which may impose additional costs and delays to development activities for little or no added value.  This workstream has arisen from the Government’s initiatives to seek to manage housing affordability and assist with increasing the supply of housing.

3        An opportunity exists until 1 June 2015 for the Southland District Council to lodge a submission to the Taskforce.  A draft submission is attached as Attachment A for the Council’s consideration.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Draft Submission to Rules Reduction Taskforce” dated 8 May 2015.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Authorises the Group Manager - Environment and Community to forward the submission to the Taskforce before the closing date of 1 June 2015.

 


 

Content

Background

4       As referred to above, the Government currently has a strong focus on improving housing affordability and increasing the supply of housing, particularly in the major metropolitan areas such as Auckland and Christchurch.

5       The Rules Reduction Taskforce has been created to focus on identifying key regulatory barriers to these goals, particularly any such barriers which may be adding increased costs and delays for little demonstrable benefit.

6       The Taskforce itself is made up of a diverse range of representatives (see Attachment B), with local representation for Southland included in the form of Mr Ian Tulloch, QSM JP,
ex-Mayor of the Gore District Council.  The Taskforce recently visited Southland and Mayor Tong and other Council representatives were in attendance.

7       An opportunity currently exists for any party to lodge a submission on this matter until
1 June 2015.  It is suggested that it is worthwhile for the Southland District Council to present its perspectives on this issue, and hence a draft submission has been prepared for the Council’s consideration and is attached as Attachment A.

8       In formulating this draft submission, I discussed this matter with the Chief Executive, and also sought feedback from the Council’s second and third tier Managers as to whether there were any rules and requirements which they were regularly striking which were adding delays and costs for little demonstrable benefit.  The feedback received is reflected in the attached submission.

9       As stated in the draft submission, it is always worthwhile to put concerns about local and central government rules in context, as there are usually “two sides to the story”. 
Just because one or more parties may have a concern about a rule, this does not automatically mean it is flawed.  Likewise, while some sectors are of the view that there are too many rules governing some areas (eg management of the environment), other sectors consider that there are not enough rules, and/or that the rules that do exist are too weak.  Often, rules that do exist are there for important reasons, such as maintaining water quality or protection of local biodiversity.

10     In so saying, as stated in the draft submission, any rules which do exist should be appropriate and necessary, and framed in such a way that they are unambiguous and administratively efficient.  The Southland District Council has had a strong focus in the current District Plan review on removing or minimising SDC planning rules which have generated consent requirements for little value, and every effort has been made to minimise such rules in the second generation District Plan.

Local Government New Zealand (LGNZ) has prepared a submission to this process on behalf of this sector.  I have received a copy of the LGNZ submission.  It seeks quite a wide range of changes to many of the key Acts which councils administer.  In contrast, the Southland District Council submission is narrower and refers more specifically to issues that this Council has experienced, although the two submissions generally have no inconsistent content.

 

 

 

 

Issues

11      As above.

Factors to Consider

Legal and Statutory Requirements

12     The Rules Reduction Taskforce is a non-statutory initiative which the Council has an opportunity to lodge a submission on, as does any other party, until 1 June 2015.

Community Views

13     Any party may submit to the Rules Reduction Taskforce currently.  When considering its submission content, it is also important for SDC to recognise that most, if not all, local and central government rules go through a submission process before they are adopted.

Costs and Funding

14      There are no costs in SDC lodging a submission.  There are costs to business and developers of regulatory compliance and this is a key focus of this Government Taskforce initiative.

Policy Implications

15      There are no specific policy implications for the Council in relation to this draft submission.

Analysis

Options Considered

16      The Council can either opt to submit on this matter or opt not to submit.

Analysis of Options

Option 1

17     Lodge a submission to the Rules Reduction Taskforce.

 

Advantages

Disadvantages

·        Enables Council’s views to be factored into the broader discussion.

·        If the Council identifies specific provisions as a “problem” in its draft submission, then the relevant agency may feel aggrieved by this.

Option 2

18     Do not lodge a submission to the Rules Reduction Taskforce.

 

Advantages

Disadvantages

·        No risk of causing offence to any other regulatory agency.

·        Does not allow SDC’s views to be factored into the broader discussion.
As a regulatory agency itself, SDC has considerable experience with balancing competing aspirations.

Assessment of Significance

19      This matter is not considered significant in terms of the Local Government Act 2002. 
It involves a public submission process, with any party having a right to submit.

Recommended Option

20      Option 1 of lodging a submission is recommended.  Accordingly, a draft submission is attached as Attachment A for the Council’s consideration.  Due to the timing of the close of submissions of 1 June 2015, delegation is also sought for the author to make any amendments requested to the draft submission and send it away.

Next Steps

21      If the Council is agreeable to the lodgement of a submission, approval from it is sought to delegate to the Group Manager - Environment and Community to lodge a submission on behalf of the Council before the closing date.  Councillors may also have their own views which could be discussed at the meeting on 19 May on any matters they wish to raise not already covered in the draft submission.

 

Attachments

a         Draft Letter to Department of Internal Affairs - Submission from Southland District Council - Rules Reduction Taskforce View

b         Rules Reduction Taskforce View    

 


Council

19 May 2015

 

 

When replying please quote:  140/20/3/1    

 

 

14 May 2015

 

 

Rules Reduction

Department of Internal Affairs

PO Box 805

Wellington  6140

 

rulesreduction@dia.govt.nz

 

 

Dear Sir/Madam

 

Rules Reduction Taskforce - Submission from the Southland District Council

 

Thank you for the opportunity to submit in relation to the Government’s
Rules Reduction Taskforce initiative. 

 

At the outset, the Council would note that it supports the Government’s initiative to seek to identify and remove any rules which may be creating unnecessary impediments and/or adding unnecessary costs. 

 

The Council is also committed to streamlining its processes and removing unnecessary costs where it can.  By way of example, the Council is nearing the conclusion of a review of its District Plan prepared under the Resource Management Act 1991, in order to create a second generation District Plan.  An important part of that review process was identifying and addressing rules in the Operative (first generation) Southland District Plan which had generated the requirement for resource consents to be obtained, but where this process had added little value.  The new second generation Southland District Plan has been significantly streamlined, and fewer activities now trigger the requirement for resource consent. 

 

While the Rules Reduction process is seeking identification of unnecessary and/or frustrating rules, the Council considers that it is important that this process be placed in the appropriate context.

 

Just because a party or parties may find a rule frustrating, this does not necessarily mean that the rule itself is flawed, inappropriate and/or unnecessary.  Good examples would be many of the environmental rules which councils administer.  While some land owners may hold the view that they should be able to do whatever they like on their own property, doing so can often generate significant adverse effects on the environment and/or adjoining owners and occupiers.  Hence, many of these “frustrating” local Council rules have been formulated to reflect local conditions and topography and to protect a level of amenity for adjoining owners.

 


 

In all of its activities, the Council carefully considers available options (as required by the Local Government Act, and other legislation) before deciding to implement any new rules.   A rule is only one way to approach a particular issue, with other options including
non-regulatory incentives and/or education, both of which can often achieve the same or more than a rules-based approach and in a less adversarial way. 

 

The Council see it as important that the Taskforce develop a full understanding of the background and context within which rules were originally established prior to recommending that they be abolished or changed.  In many instances it may well be appropriate that there be changes made but in others there will be a bigger context which may not be well understood by all. 

 

The Council sought feedback from staff as to any rules which those staff were regularly striking which were adding significant costs and/or timeframes for little benefit. 

 

Detailed below are areas in which the Council considers that changes may be needed to existing rules and/or legislation. 

 

Local Government Act 1974

 

Section 342 (1) (a) - Road stopping in rural areas needs Ministerial approval - the Council’s query is why only in rural areas as defined in District Plan, and why at all, given there is already a public objection process?  This is considered by Council to be just another step to be undertaken which slows the overall process and adds additional processing and approval cost for no benefit.

 

Section 345 (a) (1) - Stopped road must be sold at valuation which creates problems with many enquiries failing to proceed on that basis.  The Council considers that this should be changed to provide for disposal by agreement.  Valuation is just one tool in the disposal negotiation process.  Sale value to a private party should be for Council to decide after considering all the relevant issues.

 

Tenth Schedule, Section 1 - In road stoppings full survey must be completed prior to the public objection process.  This creates significant expense up-front with no guarantee that the stopping itself will proceed.  This process should be in line with Resource Management Act 1991 subdivision consent processes, in that objections and processing could be done on an initial scheme diagram, with full survey completed/required only if the road stopping actually proceeds.

 

Public Works Act 1981

 

Section 62 (1) (b) - Compensation value - all negotiations should be on willing buyer/willing seller basis with the funding organisation determining how much it is prepared to pay.  Current rules place restrictions on this, which limits the ability to undertake negotiations which could be beneficial to obtaining agreements above valuation and thereby minimising delays to projects.   

 

Section 20 (1) and Section 114(1) - Currently this requires ministerial approval to issue
Gazette Notices to acquire property.  This should be delegated to territorial local authorities as the current process creates delays and additional costs for no benefit.  Councils can acquire all of a title without reference or approval from the Minister, yet to acquire part of a title, which in most cases is a fraction of the whole title creates additional costs as councils need Ministerial approval and have to pay for that approval.

 


 

Cadastral Survey Act 2002

 

Recent amendment to rules regarding completion of cadastral surveys for road legalisation (proclamation surveys) now require the surveyor to define the balance of the property to full survey standards.  This adds considerable cost to survey and thus the ratepayers to fix any historical errors which the survey may uncover.  The cost of fixing these errors should not fall on ratepayers but rather on the Crown whose record it is.

 

Heritage New Zealand - identification of archaeological sites in District Plans

 

Like most councils, in its District Plan the Southland District Council has been requested to identify sites of archaeological significance by Heritage New Zealand.  There are several hundred such identifiers on the Southland District Plan planning maps, with an associated rules regime which can sometimes trigger the requirement for resource consents.  This can create delay and additional costs for consent applicants. 

 

It is noted that such sites are already protected by the Heritage New Zealand
Pouhere Taonga Act 2014, whereby an archaeological authority is required from Heritage New Zealand to modify, destroy or damage the site. 

 

The Council would query whether this dual level of protection is necessary as it no doubt contributes to many resource consents being required across the country.  It is suggested that the approval process under the Heritage New Zealand Pouhere Taonga Act 2014 would suffice. 

 

Also, some of these archaeological sites are records of an historic find and there may or may not be any material still present of archaeological significance.  The records held are often also not precise in terms of the actual location of the site.  Further refinement of the location of such sites and the significance of the site would be useful to remove or mitigate uncertainty.

 

Earthquake-prone Buildings Regime

 

While Council has submitted separately on the proposed legislative changes to address earthquake prone building risks  it wishes to emphasise that the final shape of this legislation will be of considerable  importance to communities in terms of the ease to which it provides for adaptive reuse and future development of buildings. 

 

While recognising the importance of public safety, as illustrated in the Christchurch earthquake, the Council is supportive of a form of regime which recognises relative risks in differing contexts, eg an isolated rural church used once a month versus a multi-storey commercial building in a major urban centre where 200 plus people work every day. 

 

The final shape of this legislation is crucial to the future of Southland District and other rural communities, where the current economic climate would make the costs, processes and delays of a very onerous strengthening regime very difficult to bear for building owners.  This could lead to ‘demolition by neglect’ where building owners could simply ‘walk away’ from their buildings or undertake no upgrading or preventative maintenance. 

 

In summary, the Council supports, in principle, the focus on removing unnecessary impediments to economic activity and property development, but also hopes that the Taskforce recognises that some rules are designed to maintain environmental and amenity values. 

 

This submission was considered and endorsed by the Council prior to it being forwarded to the Department.

 

If you require any additional information, please do not hesitate to contact the undersigned on 0800 732 732 or bruce.halligan@southlanddc.govt.nz

 

 

Yours faithfully

 

Description: bruce signature

 

B G Halligan

GROUP MANAGER - ENVIRONMENT AND COMMUNITY

 

 


Council

19 May 2015

 


 


 


 


 


 


 


Council

19 May 2015

Description: sdclogo

 

Long Term Plan 2015-2025 - Public Consultation and Feedback

Record No:        R/15/4/7409

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1          The purpose of this report is to set out the public submissions and informal feedback received during Council’s Long Term Plan public consultation period 21 March - 21 April 2015.

Executive Summary

2          Council adopted the consultation document for Southland District Council’s 10 Year Plan “Working together for Southland’s future” on 18 March 2015 and public consultation on the consultation document and supporting information occurred from 21 March to 21 April 2015. 120 submissions were received which have been compiled into a separate submissions booklet and made publicly available.  As part of the public consultation process, Council also ran six drop in sessions whereby elected members received informal feedback, as well as receiving feedback via social media.  The informal feedback received is attached.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Long Term Plan 2015-2025 - Public Consultation and Feedback” dated 12 May 2015.

b)         Receives the public submissions received on the Long Term Plan 2015-2025 including the four late submissions.

c)         Receives the informal feedback received at the six drop-in sessions held throughout the District and received via social media during the Long Term Plan 2015-2025 consultation period.

 

 


 

Content

Background

3          Council is required to use the special consultative procedure in adopting a Long Term Plan (LTP).  This requirement includes preparing a consultation document that captures the big issues affecting the District and ensuring the document is publicly available for not less than one month.

4          Council adopted the consultation document for Southland District Council’s 10 Year Plan “Working together for Southland’s future” on 18 March 2015 and public consultation on the consultation document and supporting information occurred from 21 March to 21 April 2015. The public consultation period was advertised by newspaper and radio, and the consultation document was distributed to all households in the District and posted to non-residential ratepayers.  Individual letters were sent to key stakeholders and ratepayers who were substantially affected by the proposals.

5          120 submissions were received, including four late submissions.

LTP Year

2009

2012

2015

No. submissions

201

230

120

6          The submissions have been compiled into a separate booklet and are available on Council’s website and at Southland District Council offices.  One submission received did not include a name or address and so has not been included in the submission booklet.

7          The table below sets out how the public submissions were received.  Surprisingly, a large number of submissions were received via the online submission form.

 

All Submissions by Method Received

Submission Method

Number Received

Percentage

Email

12

10%

Letter

8

7%

Online Form

61

52%

Submission Form Insert

36

31%

Total

117

100%

 

8          In addition to receiving formal submissions, Council decided to take two new approaches to receiving informal feedback on the Long Term Plan issues.  The first was to run drop in sessions in Wyndham, Lumsden, Otautau, Stewart Island, Te Anau and Winton to hear from people who might want to discuss issues with elected members and Council officers in a more relaxed forum.  These meetings occurred between 8 - 15 April 2015 and each of the meetings took around two hours.

 

9          While the turnout was low (maximum number of attendees was 13 members of the public at Wyndham) some useful conversations took place.  The majority of issues raised were of  a local nature and a number of request for services resulted.  The feedback received at the meetings is attached.  The operational requests received have been forwarded on to Council officers to action.

 

10        Secondly, Council made it publicly known that it was open to receiving comments via its Facebook page.  Only one comment was received and is attached.

11        When considering the Long Term Plan issues during deliberations, Council is asked to take into account the informal feedback received.

12        Hearings

Council will be hearing formal submissions from interested persons at a Council meeting on 19 and 20 May 2015.

13        A total of 26 have indicated that they wish to speak to their submissions.  The hearings have been arranged to occur in Invercargill although teleconference facilities have been made available at Te Anau.

14        The process for hearing the submissions is as follows:

Tuesday, 19 from 9.00 am

Hear submitters wishing to speak to their submissions.

Wednesday, 20 May from 9.00 am

Hear submitters wishing to speak to their submissions

After morning tea, begin to deliberate on Long Term Plan issues.

Thursday, 21 May

Deliberate on Long Term Plan issues.

 

Responding to submitters

15        Following the submission hearings and Council deliberations on the Long Term Plan issues, a set of meeting minutes will be produced that set out Council’s decisions.  These minutes will be made available on the Southland District Council’s website and will also be sent to submitters to inform them of Council’s decisions.  Note, this process has changed from previous years.

Issues

16        The topics which have been submitted on are listed below.  Note these do not add to 120 as submitters can submit on more than 1 topic.

 

Submissions topic

Number

Maintaining Roads and levels of service

50

Roading Rate model

43

Funding infrastructure and depreciation

36

Sealing the Catlins' road

66

Financial issues and rating

23

Rating differential

1

Fees and charges

9

Funding and grant requests

9

Performance measures

1

Around the mountains cycle trail

3

Curio Bay wastewater project

10

Manapouri Wastewater upgrade

1

District and local issues

30

Operational matters

6

Early Payment of Rates

4

Remission and Postponement of Rates

4

Remission and Postponement of Rates on Maori Freehold land

6

Development and Financial Contributions Policy

5

 

17        A suite of issues and options papers have been compiled under cover of a separate report to assist Council to finalise its draft Long Term Plan.

Factors to Consider

Legal and Statutory Requirements

18                    Council is required in the course of its decision-making process in relation to a matter to give consideration to the views and preferences of persons likely to be affected by, or to have an interest in the matter (Section 78 Local Government Act 2002 (LGA)].

 

19                    The views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration (Section 82(e) LGA).

Community Views

20                    The submissions and informal feedback received represent the views of the Southland District residents, ratepayers and customers.

Costs and Funding

21                    Not applicable.

Policy Implications

22                    Council must adopt a Long Term Plan by 1 July 2015.  In finalising the proposals in its draft Long Term Plan and supporting information documents, Council is required to take into account the views of the community.

Recommended Option

23        Council is asked to receive the submissions and informal feedback it has received as part of the Long Term Plan public consultation process.

Next Steps

24        Council will be asked to hear oral submissions and consider the issues arising out of the public submissions at its meeting on 19 - 21 May 2015.

 

Attachments

a         LTP 2015-2025 Feedback received via social media View

b         Notes from LTP 2015-2025 drop in sessions View    

 


Council

19 May 2015

 

Feedback from our Facebook page relating to the 10 Year Plan:

 

 

20/04/2015

 

John Carter

 

There doesn't seem to be much in the plan about future proofing our region : is there another plan or place where we can expect a vision for a roll out of the electric car charging infrastructure and facilities we'll need for the future rather than a council plan built on roads, roads, roads and carrying on living the way we are? Which we can't plan to do 'for a better southland' surely?

 

 


Council

19 May 2015

 

 

WYNDHAM SESSION

 

Johanna Stewart

General Discussions

·                      What the issues are.

·                      How this impacts rates.

Other Comments

·                      Rates increase 2 x properties.

·                      Edendale/Wyndham pool boundary.

 

Alistair Wilson

Other Comments

·                      Roading - look at innovative ways.

·                      Can you close some roads to heavy traffic and put on alternative roads.

 

Emma Keen, Abbey Barron, Sarah-Lee Gutsell

Other Comments

·                      Wyndham pool rating process.

·                      Walkway from Wyndham-Edendale.

 

Sarah-Lee Gutsell

Other Comments

·                      Drain outside - floods footpath -  still ongoing issue.

 

Alan Leitch

Other Comments

·                      Cycle Trail - main issue is the option of the Mararoa.  How is maintenance funded.  Are all ratepayers paying?  The Mararoa option could have been built easily.  What about the section on Mount Nicholas Road, that will be a dusty road.  Does not believe the vehicle counts presented at the hearing. 

 


 

Simon McRae

1623 Wyndham-Mokoreta Road

Other Comments

·                      Concerns about local pool - not anti-Edendale.

·                      Disquiet rates not helping fund the Wyndham pool.

·                      Congestion at Edendale pool.

·                      Bobbi Brown commented - letter going to people from Board asking for feedback on splitting rate.

·                      Swipe card.

·                      Merged Edendale-Wyndham - conflicted.

·                      Local people like making own decisions.

·                      Wyndham projects?

-           Cellphone coverage and internet.

-           Widespread endorsement for the pool.

-           Pavements needing concrete - older population.

-           Great to have rates under inflation rate.

·                      Mokoreta Hall:

-           Overdue for repairs and maintenance work. 

-           Lifted rates for hall from $23 to $90.

-           Interviewed everyone.

-           Whole community using it.

-           Great advertisement for communities working together.

-           Road busy.

 

Ross Melvin

Inkermann Street

Other Comments

·                      Footpaths in Wyndham and the condition particularly Inkermann Street and the fact the footpath on one side.

·                      Water also runs into my section - stormwater issues (Inkermann Street).  For me to get onto footpath I have to go across the road.  Wheelchair access - difficult on footpaths and crossing.

·                      Cardigan Road difficult - height of the steps into shops. 

 

Brian Mason

Other Comments

Halls

·                      Edendale/Wyndham - re Edendale proposal.  Rugby Club lack of consultation with the people.  Thought that 98 out of 100 people asked thought the centre should be west of the tracks.  Why is it not in LTP?

·                      Main concern is it is not in LTP.


 

Mac Todd

Other Comments

·                      Community hall at Edendale. Parking space not available there.  Growth in Edendale has been to the east of railway.

·                      Positioning of the community centre.

·                      Not sufficient parking space for parking at community centre.

·                      Would be good if Community Boards reported back through local newspaper - abbreviated minutes. 

 

Iris Everett

17 Malta Street, Wyndham

Sealing the final sections of the Catlins Road

·                      Not sure whether this a good thing or not.

Other Comments

·                      Rates - keep them as low as possible.

·                      Library - not always open.

·                      Need to get younger people on board.

·                      Name down for a flat. 

 

Calyn Stewart

Other Comments

·                      Recycling outside of the dump would be great.

·                      Disagree with the boundary for the Wyndham pool.  From the pool rate there should be support for the Wyndham pool.

·                      I still think the boundary is wrong for the Community Board - Fortification should be in Tokanui and Mokoreta should be in Wyndham. 

 

Ben Dooley

145 Mimihau School Road, RD 2, Wyndham - (03) 206 4681 cobb808@hotmail.com

Other Comments

·                      Re dogs and fines.  Current reg pricing appealing the fines - sent back 10 days.  Information - dogs reg two years ago - waiver signed. 

·                      Thanks for the work - there is a cost of the roads. 

·                      Improvement in river near us.

·                      About time things tightened.

·                      Urea.

·                      Full supporter.

 


 

LUMSDEN SESSION

 

Ian Canning / George Menlove

Other Comments

·                      Consultation document only has one Lumsden issue - 43 and 45 Meadow Street.  Flooding off road into garage.  The pipes aren’t big enough to take the water.  Accessway pipes too small.  No work in Meadow Street for years.  No footpath at all, there is room for a path. 

·                      Grass mowing only seems to happen when it rains. 

 

 

OTAUTAU SESSION

 

Ken Davidson

Other Comments

·                      Yellow wheelie bin collected once a month.

·                      Rates going up too much.

·                      No services on his batch, rates are still nearly $1,000.

 

Andre

Managing our Roads and Customer Expectations

·                      Why not use rail for transporting goods instead of larger trucks 58T.

·                      Why have large vehicles that impact on road quality.

·                      Need to put ideas forward to central government.

Roading Rate Model

·                      Should we be targeting specific users as they will forward the cost to consumers.

Sealing the Final Section of the Catlins Road

·                      Agree in concept.

Funding Depreciation

·                      Agree that best method, so long as cost effective - affordability issues.

Other Comments

·                      Need to utilise rail.

·                      Cost of consulting - LTP, consultation document.

·                      Community Engagement - need to increase to ensure ownership of issues.

 


 

Otautau Community Board Member Ken Davidson

Other Comments

·                      Concerned that the Community Board did not choose the projects to be included in the consultation document.

·                      Need to get clarification back on the following being included:

-           Prune trees

-           Carpark extension north end

-           Sewerage - Clitheroe Street

-           Water main replaced - district project still in?

-           Asphalt railway line (going on for two years).

 

Bruce and Jean Riddle

Managing our Roads and Customer Expectations

·                      Noted the changing use of roads over many years, and the importance of those who do the damage pay for it.

·                      Respectful of what we are trying to do with the 80/20 rule.

Funding Depreciation

·                      Concerned that we had already paid for the road and we were collecting again.  They did not pick up that the next replacement would be funded from the depreciation.

Other Comments

·                      They are on fixed incomes.  Any changes is significant for them. 

·                      Very concerned that the cycle trail will be funded from general ratepayers and they see no benefit in this area.

·                      They live beside a gravel road and cannot afford the “liability” insurance we require for application of oil, even if they could get the oil for free and also the $60 fee we would charge. 

 

Mary Napper

Sealing the Final Section of the Catlins Road

·                      How to get hold of a grader?  Snow on willows that break on to road reserve.

Other Comments

·                      Dog Control review.

·                      Greater cost should be apportioned to general rate.

·                      Cats - owners having too many.  Problem with neighbour with lots of cats in Riverton.   

·                      Footpaths - why not just decide to have footpath on one side - cost savings.

·                      SouthRoads much better but maintenance not lasting.  Vehicles going too fast and breaking causing corrugations.  Wants more signage with speed limits.

·                      Wether Hill Road, Beaumont Station Road, Wilanda Downs Road only getting service on gravel roads when lodge service request. Roads - standards are dropping.  Dangerous on foggy days.


 

Maureen Johnson

Other Comments

Dog Control Review

·                      Concerned that irresponsible dog owner won’t get registered; that responsible owners will get kicked with extra cost. 

 

 

STEWART ISLAND SESSION

 

Helen Cave

Managing our Roads and Customer Expectations

·                      Additional chains onto road at Halfmoon Bay.

·                      Footpath at the back of hotel - tiles have dropped and road to have sand placed underneath.

·                      Public toilet in community centre - cleaning standards.

·                      Drain by community centre - need to check levels of drain.

Other Comments

·                      Hotel licensing - not being processing.  Licence expired in hotel.

·                      Bike track to Masons Bay.

·                      Internet and phone line to Horseshoe Bay.

·                      Bus parks should be developed at popular stopping spots around the Island. 

 

Ann Pullen

Other Comments

·                      Horseshoe Bay Road - concrete bridge - should continue footpath from Kamahi Road to bridge. 

 

Helen Bissland

5 Golden Bay Road

Roading Rate Model

·                      Access to Ringaringa beaches - build walking access to get down.

Other Comments

·                      Page 25 - Golden Bay to Fuschia Walkway - Footpath start at beginning of Golden Bay Road. 

 

John Foley

Other Comments

·                      Golden Bay Road - Old concrete wall - antique wall.  Embankment getting wider ie scouring out from behind the wall.

·                      Also run-off through road culvert into his property.  Has an outlet (elephant trunk) attached. 


 

Beverly Osborn

Main Road

Other Comments

·                      Road up to Presbyterian church. 

·                      Church Hill restaurant wants to build chalets. 

·                      Concerned about the strength of the road, it always seems damp.

·                      Shirley Whipp’s house/property fronts on Horseshoe Bay Road and backs onto the church property.  So it could serve as an alternative access to the church and other properties. 

 

Furhana Ahmad

Managing our Roads and Customer Expectations

·                      Public signage for track work and public health. 

Roading Rate Model

·                      DOC good connection with Community Board.  

Other Comments

·                      RMA/District Plan

-      Can’t run office and backpackers in the same building.

-      Guidelines are too strict.

-           Street signs for properties, Public Places Bylaw for sandwich signs except for Council activity in residential zone.

·                      Governance - Stewart Island Promotions Association to communicate with the Promotions Officer and Ulva Island Trust.

·                      Horseshoe Bay - beach seat - Resource Management Plan - resource consent decision.  Go back to Furhana. 

·                      Enter into the Resource Management Plan next due to be received. 

·                      Response to questions asked in public forum.

·                      Jetties Committee

-           membership

-           Council subcommittee appointment term. 

·                      What about road carpark markings

 

 


 

TE ANAU SESSION - 14 APRIL 2015 - 4.00 PM - 6.00 PM

 

Irene Barnes

Other Comments

·                      Frasers Beach Road bad - grader dragging gravel from one side to the other.

·                      Type of gravel and how being done. 

·                      Possible sealing will help with dust.

·                      Still confusion about what roads are managed by who. 

·                      Swimming pools so important - good to see SDC supporting Blackmount.

 

Shirley Mouat

Managing our Roads and Customer Expectations

·                      Consider Otta sealing of Murrell Avenue down towards Possum Lodge when doing View Street.

Roading Rate Model

·                      Support user-pays on roading.  Cars have minimal damage, make those sectors which generate the damage pay for it. 

Sealing the Final Section of the Catlins Road

·                      Support.  Getting money from central government.  Helps with economic benefit from tourist traffic. 

Other Comments

·                      Concerned about the cost of water supply upgrading - cost per resident represents a lot of money for a small community.  Requests more specifics on details of this cost.

·                      Cost of Manapouri sewage - $2.7 million is a big spend for the community.  Need to consider all alternatives, not just proposed connection to Te Anau wastewater.  Keep an open mind to all options. 

·                      Not enough time to submit - consider extending to 30 April if possible. 

 

Samantha McBride

Other Comments

·                      Provision of funding for airport and the use of it.

-           Marketing for users and businesses.

-           Should be in 10 Year Plan - just needs to be done. 

-           Not our responsibility to increase the use of airport.

-           We provide the hangars.

·                      Council needs to:

-           Work out how best to do this and how to resource it.

-           Some co-ordination for packaging demand.


 

-           We might think outside the box of what flights could be - is it passenger and freight. 

-           Cray8 is looking at it. 

-           Is Christchurch - Wanaka - Te Anau a viable option. 

·                      Change names of Te Anau and Manapouri to Lake Te Anau and Lake Manapouri to be seen as the destination to go to - marketing perspective. 

·                      Local economic development - to generate more opportunity for the town.  Venture Southland role marketing - to create business cohesion.  Chamber concept?

 

Ray Willett

Managing our Roads and Customer Expectations

·                      Commented on road signage.  Referred to Dunedin sign with “Thank you for staying with us and have a safe journey”. 

·                      Stated we should have them at all accommodation in multi-languages saying “Thank you for staying with us.  Please keep left.”  Use example of Milford Road.  Where the road is “good” (i.e. well maintained and straight) is where most fatalities occur - this is because of driver behavour. 

Other Comments

·                      Submitter warns against investment in under researched projects citing the public toilets and the airport.  Submitter says these do not generate income as they had proposed in business cases. 

·                      Supports local cycle trail development. 

·                      Queries carparking availability for cycle trail. 

·                      Does not agree that ATMCT will significantly disturb livestock. 

 

Bev Thorne / Mary Cowan

Other Comments

·                      Ageing population.

-      Availability of facilities.

-           Aged care - not necessarily palliative care just self-contained units at a reasonable price. 

·                      Queried sale of land around sewerage scheme.  Sought further comment on alternative systems.  Queried the location in Manapouri as to whether Te Anau site could be redeveloped. 

·                      Peer review of sewerage system proposal mentioned by Ian Marshall. 

·                      Queried ATMC coming to Te Anau.  Was informed that there is currently a local cycle trail being developed. 

·                      Objects to the fact that DOC Conservation Management Strategy does not allow cycling in Fiordland National Park.  This prevents cycle trail development and limits the viability of a fantastic tourist product.  Agrees it is a DOC issue and a political issue but Council should lobby for change. 

 


 

Ted Loose

Managing our Roads and Customer Expectations

·                      Thinks amalgamation would save dollars that could be spent on roading.

Sealing the Final Section of the Catlins Road

·                      Supports. 

Other Comments

·                      Amalgamation - is pro-amalgamation for Southland District Council, Gore District Council, Environment Southland and Invercargill City Council. 

-           Strength in numbers in terms of advocacy - if we are speaking with one voice.

-           SDC staff interests may not necessarily be the same as those of District residents as the majority live in Invercargill. 

-           This would reduce overhead costs for things such as planning.

·                      Does not wish for rates to keep increasing as affordability in Te Anau is challenging even now.

·                      If amalgamation was to occur, would support fewer Community Boards and no Community Development Area Subcommittees. 

 

Max Slee

Other Comments

·                      Rates at Mountain View Road going up. 

·                      Typical of values in Te Anau - $500,000 land GV $1.2M - rates should be on land value opposed to GV this year. 

·                      Like cycle trail from Te Anau to Manapouri. 

·                      Mavora Lakes Road from Burwood:

-           7 km of gravel road - maintenance poor.

-           The road is the worst piece driven on (just spent time driving 2,000 km on my tractor on New Zealand).

-           Grader came but made no difference because of hard base.

-           Lot of tonnage done on the road. 

·                      Nothing worst than seeing wastage. 

·                      60% loading on one-way bridges.

·                      Over that there are 40,000-50,000 SU farmed.

·                      Guy from Dunedin talking regarding rating.  He said you guys will have to put your hands in your pockets. 

-           Come back and talk to us regarding the loadings.

-           In practical terms we should not be using it, but we have to.

-           It is on the roading programme for 2017/2018.

·                      Costs of appeal of the cycle trail:

-           We should be going to Fish & Game for costs as people aren’t happy.

-           We maintain 20 km river for fishing people - acting like spoilt people. 

 


 

Merv Cave

Other Comments

·                      Cycle trail - trying to give SDC a road at no cost through Haast but cycle trail spending. 

-           Gary said no ratepayer dollars on second stage but there is, but Haast still no go. 

-           Someone needs to convince me that the cycle trail is of value.

-           If not putting our rates up, then not a problem. 

·                      Blackmount Road - dangerous approaches to one-lane bridge.

·                      Mossburn-Wreys Bush the same. 

·                      All for Te Anau-Manapouri Road cycle trail - lots of people on it.

·                      Ongoing commitment to trail is my concern. 

·                      I can’t see how it can be user-pays because I know cyclists and they don’t want to pay for accommodations.

·                      Not a lot of people on it now.

·                      Roading - went to the meeting road users charges:

            -      Explained about Venture project. 

 

P C Taylor

Other Comments

·                      Cycle trail - some sympathy for Fish & Game:

          -        Are alternatives there for peace and quiet

·                      Haast Hollyford

            -           Not in favour.

            -           Transport would change - logging trucks etc / changes the landscapes.

            -           Opportunity lost if we did it. 

            -           Replace roads - greater lifespan - need to ensure greater maintenance  - roading a big cost.

·                      Te Anau - Manapouri cycle trail is a link we must have. 

 

 

WINTON SESSION

Frank O’Boyle, South Port

Other Comments

·                      General discussion on:

-      Renewable Energy - Stewart Island 

-      Stewart Island infrastructure

-      Cruise ships

 


 

Ray Wilson

Managing our Roads and Customer Expectations

·                      Support the regime whereby those who generate the damage pay.

Roading Rate Model

·                      Support the regime whereby those who generate the damage pay.

Sealing the Final Section of the Catlins Road

·                      Support the sealing of the road (spelling - should be “accessible” not “assessable”).

Other Comments

·                      Wishes to ensure that Southland is strongly involved in the lobbying for further development of Broadband.

·                      This is very important for the future development of Southland District and in particular the tourist sector.  


Council

19 May 2015

Description: sdclogo

 

Council Officers' Amendments to the Long Term Plan 2015-2025 and Supporting Information Documents

Record No:        R/15/4/7408

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report proposes changes to the draft Long Term Plan 2015-2025 (LTP) and/or supporting information as requested by Council officers for the purposes of accuracy or clarification.  It also provides an update around New Zealand Transport Authority (NZTA) funding.

Executive Summary

2        The proposed amendments to the draft LTP, as requested by Council officers, are set out in this report.  The recommended amendments have been incorporated into the key issues papers under cover of a separate Council report.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Council Officers' Amendments to the Long Term Plan 2015-2025 and Supporting Information Documents” dated 12 May 2015.

 

 

Content

Background

3        This report proposes changes to the Long Term Plan and/or supporting information as requested by Council officers.  These changes are considered necessary for accuracy or clarification. 

4        Council is asked to receive this set of proposed amendments for the purposes of deliberating on the Long Term Plan.  The recommended amendments have been incorporated into the key issues papers under cover of a separate Council report.

Proposed Amendments

5       The proposed amendments are set out in the below table:

Issue:

Using the depreciation reserve generated by funding depreciation for District Sewerage to fund capital projects included in the Long Term Plan

Amendment required:

The draft Long Term Plan had funds raised from the policy to fund depreciation accumulating into rate specific reserves.  The specific reserve for District Wastewater is $8,069,981 at the end of 10 years.

 

In the draft Long Term Plan some capital work in this activity is funded by internal loans.

 

This amendment is to utilise the available depreciation reserve for District Wastewater to fund capital works being completed, rather than using loans while accumulating a reserve.  It is proposed where there is there is current year funding for deprecation or accumulated amounts in the reserve they be applied to capital work being completed in the first instance.

 

The amendment does not use any additional funds in the proposed depreciation reserve to repay existing debt quicker.

Other comments:

Should the proposed amendment be accepted the balance of the Depreciation Reserve for District Wastewater would be $2.893.834.

Documents that will require amendment:

Long Term Plan and Wastewater Asset Management Plan

 

Council officer:

Susan McNamara

 

 

 

 


 

 

Issue:

Using the depreciation reserve generated by funding depreciation for District Water to fund capital projects included in the Long Term Plan

Amendment required:

The draft Long Term Plan had funds raised from the policy to fund depreciation accumulating into rate specific reserves.  The specific reserve for District Water is $5,030,022 at the end of 10 years. 

 

In the draft Long Term Plan some capital work in this activity is funded by internal loans.

 

This amendment is to utilise the available depreciation reserve for District Water to fund capital works being completed, rather than using loans while accumulating a reserve.  It is proposed where there is current year funding for deprecation or accumulated amounts in the reserve they be applied to capital work being completed in the first instance.

 

The amendment does not use any additional funds in the proposed depreciation reserve to repay existing debt quicker.

Other comments:

Should the proposed amendment be accepted the balance of the Depreciation Reserve for District Sewerage would be $855,147.

Documents that will require amendment:

Long Term Plan and Water Supply Asset Management Plan

Council officer:

Susan McNamara

 


 

 

Issue:

Using the depreciation reserve generated by funding depreciation for Te Anau Rural Water Supply to fund capital projects included in the Long Term Plan

Amendment required:

The draft Long Term Plan had funds raised from the policy to fund depreciation accumulating into rate specific reserves.  This results into a rate specific depreciation reserves.  The specific reserve for Te Anau Rural Water is $702,260 at the end of 10 years. 

 

In the draft Long Term Plan some capital work in this activity is funded by internal loans.

 

This amendment is to utilise the available depreciation reserve for Te Anau Rural Water to fund capital works being completed, rather than using loans while accumulating a reserve.  It is proposed where there is current year funding for deprecation or accumulated amounts in the reserve they be applied to capital work being completed in the first instance.

 

The amendment does not use any additional funds in the proposed depreciation reserve to repay existing debt quicker.

Other comments:

Should the proposed amendment be accepted the balance of the Depreciation Reserve for Te Anau Rural Water would be $248,485.

 

Documents that will require amendment:

Long Term Plan and Water Supply Asset Management Plan

 

Council officer:

Susan McNamara

 


 

Issue:

LTP - Addition of Two Wastewater Projects in Riverton

Amendment required:

The addition of two additional wastewater related projects within Riverton - due to health and safety requirements.

 

As outlined below:

1.     Riverton WWPS RPZ Project- $50K year to complete 2015/2016.

2.     Riverton WWMH Dropper Renewals Project $80K year to complete 2015/2016.

Documents that will require amendment:

Long Term Plan and Wastewater Asset Management Plan

Council officer:

Matt Keil

 

Issue:

Stormwater Renewals / Repairs in Tokanui

Amendment required:

Renewal of section of stormwater main culverts (900 mm dia, approximately 40 metres in length) required in next three - five years.  Line currently piped under the Fire Station, will need a new line laid with new alignment and access chamber, not going under a building.  Estimated cost circa $48K.

Documents that will require amendment:

LTP.  Stormwater AMP

Council officer:

Kushla Tapper

 

Issue:

Edendale Community Centre

Amendment required:

Inclusion in Long Term Plan for year 2016/2017 a $500,000.00 capital project (renewal) to provide a community centre in Edendale.

Documents that will require amendment:

Community Centres Asset Management Plan and budgets will need to be amended.  This will also affect the wording in the Long Term Plan document.

Council officer:

Kevin McNaught and Juanita Thornton

 


 

 

Issue:

Verandah Lighting in Winton

Amendment required:

The under verandah lighting description is displayed in the Schedule of Fees and Charges for the coming financial year as a charge to be levied against the shop owners whose premises are adjacent to the lighting provided.  This charge is proposed at $45 per light in the Long Term Plan.  The Winton Community Board resolved that due to a wider public benefit ie, pedestrians at night for safety reasons, and visitors through the town for amenity value to remove the fee from the schedule and fund all expense from the local Winton rate. 

Documents that will require amendment:

Schedule of Fees and Charges, Long Term Plan

Council officer:

Joshua Webb

 

Issue:

Heavy Traffic Bypass Feasibility Study for Winton

Amendment required:

Remove the project from Winton township as agreed by the Board as of 2 February 2015

Documents that will require amendment:

Roading Asset Management Plan, Long Term Plan

Council officer:

Chris Dolan on behalf of Winton Community Board

 

Issue:

Woodland CDA Gravel and Walking Track Projects

Amendment required:

Remove $20K project in 2015/2016 and reserve funding.

Add new project $75K and fund grants and reserves.

Documents that will require amendment:

Roading Asset Management Plan and Long Term Plan.

 

Council officer:

Irwin Harvey on behalf of Woodland CDA Subcommittee.

 

Issue:

Haast Hollyford Road

Amendment required:

At its meeting on Wednesday, 22 April 2015 the Council passed a number of resolutions which recognised that the Haast Hollyford Road project potentially has merit but further information is needed to enable an informed consideration of the project.  Council also agreed that it should undertake a community consultation process before it makes a decision on whether to approve the project.

 

The recommendation is to amend the Long Term Plan to include some wording around the project.  No budget change is required at this stage.  If Council chooses to pursue the project in future an amendment to the Long Term Plan will be requested.

Documents that will require amendment:

Long Term Plan

 

Council officer:

Susan Cuthbert

 


 

Issue:

Miscellaneous Financial Corrections

Amendment required:

·                 Consolidate Venture Southland into our accounts.

·                 Remove Makarewa Rates as contacted finance requesting it be stopped.

·                 Balance internal work scheme codes.

·                 Balance Matuku Depreciation Non Funding Impact Statement           reserve movement.

·                 Shift new Policy and Community Manager associated costs to new business unit.

·                 Readjust all hall rates as per balance of units as per assessments in Pathway.

Documents that will require amendment:

Profit and Loss, Balance Sheet, Funding Impact Statement, Rates Funding Impact Statement, Reserves.

Council officer:

Shelley Dela Llana

NZTA Funding

6        The following provides an update around the indicative investment levels that NZTA has allocated to the Southland District Region.

7        No amendment is required to the Long Term Plan as a result of this change and this update is merely provided as information.

8        NZTA letter

          The following letter is attached: 2015-2018 National Land Transport Programme - Indicative Investment Levels - Letter from Bruce Richards Regional Planning and Investment Manager Southern notification to Council on funding reduction.

9        The officer makes the recommendation that no changes are required to be made to the Long Term Plan.

10      This is a notification of the difference between the levels of funding that Council has asked NZTA for and the indicative amount of investment that was notified by NZTA in the attached letter.  This letter could trigger a response to realign budgets to match funding if Council desires to.

11      NZTA has indicated funding of $68,943,000 for Council’s 2015-2018 maintenance and renewal programme.  Council had asked for funding of $73,416,602.  The $73.4M was over and above the Long Term Plan budgets for the following reasons:

 

·              NZTA has indicated a change in how it funds Council’s administration to run the roading network.  By default NZTA gave Council an additional 2.25% on top of the funding assistance rate Council receives from NZTA.  Council had asked for an additional 4.6% of the roading programme which was based on administration budgets that Council occurs in running the network.  In preparing the Long Term Plan budget Council had allowed 2.25% as the ‘worst case’ scenario approach.  The gap between what Council asked NZTA for and what was budgeted in the Long Term Plan was $1.636M.

 

·              Council had applied for the LED streetlight project as a renewal.  NZTA has responded by saying it will fund the project as an improvement and that it has been removed from the $73.4M that Council had applied to NZTA for.  This has an impact of $1.026M.

 

·              After taken into consideration these differences which have no impact in delivering Council’s Long Term Plan, the difference is $1.8M over the three years.  As shown in the table below:

 

What Council asked for:

$73,416,602

Remove Administration content that was not budgeted for in the LTP but what Council asked from NZTA.

$1.636,053

Remove LED Project from Maintenance and renewal budget and put this into improvement budget.

$1,026,000

NZTA indicative budgets as per attached letter.

$68,943,000

Adjusted Difference

$1,811,549

 

12      NZTA has also indicated it has ignored Council’s inflation rates and applied a 1% inflation figure in response to the falling oil prices.

 

13      Council’s Recommended Response:

·              Council responds to the attached letter and at this point of time does not accept this.

·              The gap in funding will be addressed by making changes in the 2016/2017 Annual Plan.

 

14      Some alternative Options are that:

•           Council adjusts its reseal budgets in line with this season rates and this will address the gap in funding in response to the indicative levels as stated in the letter.

•           Council revaluates its roading budgets.

 

15      Overall at this point of time there no foreseeable reasons that Southland District Council cannot deliver its Asset Management Plan and Long Term Plan with this indicative level of funding and therefore no amendment to the LTP budgets are required.

Factors to Consider

Legal and Statutory Requirements

16                  Council has a legal obligation to consult with the community on the Long Term Plan.  The period of consultation around the issues contained in the consultation document occurred from 21 March to 21 April.  The recommended amendments included within this report are not considered to be significant and there is no requirement for Council to undertake further consultation on these issues. 

Community Views

17                  Council is asked to consider these officers’ submissions within the context of the submissions received as part of the Long Term Plan public consultation process, the general feedback received via the drop-in sessions and on facebook, as well as the oral submissions to be presented at the hearings on 19 and 20 May 2015. 


 

Costs and Funding

18                  Some of the recommended amendments impact on the Long Term Plan budgets.  These are as set out in this issues reports that have been provided to Council to assist its decision-making.  None of the recommended amendments result in a significant change to the budgets. 

Policy Implications

19                  If Council agrees to the amendments, the Long Term Plan will be prepared on this basis and presented to Council at its meeting on 24 June 2015.  The supporting information documents will be updated as per the agreed amendment. 

Recommended Option

20      Council is asked to receive this report.

Next Steps

21      Council officers will prepare the final Long Term Plan in accordance with Council’s decisions.  Council will be asked to adopt the Long Term Plan at its meeting on 24 June 2015. 

 

Attachments

a         2015-18 National Land Transport Programme - Indicative Investment Levels View    

 


Council

19 May 2015

 


 


 


Council

19 May 2015

Description: sdclogo

 

Long Term Plan 2015-2025 - Key Issues and Funding Requests

Record No:        R/15/4/7096

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1       This report provides for decisions on key issues and funding requests. 

Executive Summary

2       Council officers prepared a draft Long Term Plan along with other information to support the development of a consultation document “Working together for Southland’s Future” that was adopted by Council on 18 March 2015.  Public consultation on the consultation document and supporting information occurred from 21 March to 21 April 2015 and 120 submissions were received.  In addition, comments were received via informal feedback at the drop in sessions and through social media. 

3       At its meeting on 20 and 21 May 2015, following the oral submissions, Council will meet to resolve final issues that impact on the preparation of the final LTP and supporting documentation.  A series of issues and options reports have been prepared to assist Councillors in their decision-making.  Officer recommendations are included in each report.

1           

2           

 

Recommendation

That the Council:

a)         Receives the report titled “Long Term Plan 2015-2025 - Key Issues and Funding Requests” dated 12 May 2015.

b)         Determines that this matter or decision be recognised as significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Agrees the recommendations in the following appendices:

i)       Appendix 1:  Strategies, Financial Issues and Rating

ii)      Appendix 2:  NZTA Investment Programme

iii)     Appendix 3:  Maintaining Roads and Levels of Service

iv)     Appendix 4:  Roading Rate Model

v)      Appendix 5:  Sealing the Catlins Road

vi)     Appendix 6:  Funding Infrastructure and Depreciation

vii)    Appendix 7:  Rating Differential

viii)   Appendix 8:  Fees and Charges

ix)     Appendix 9:  Funding and Grant Requests

x)      Appendix 10:  Around the Mountains Cycle Trail

xi)     Appendix 11:  Curio Bay Wastewater Project

xii)    Appendix 12:  Manapouri Wastewater Disposal

xiii)   Appendix 13: District and Local issues and comments

xiv)   Appendix 14:  Operational Matters

xv)    Appendix 15:  Performance Measures

e)         Notes that submissions that relate to operational matters such as maintenance or renewal works, requests for more information, for reviews and changes to programmes or projects, have been provided to relevant officers and will be considered alongside existing work programmes and actioned as appropriate. 

f)          Indicates any other amendments it wishes to make to the draft Long Term Plan 2015-2025.

 

 


 

Content

Background

4       Council is required to adopt a Long Term Plan (LTP) by 1 July 2015.  Council officers prepared a draft Long Term Plan along with other information to support the development of a consultation document “Working together for Southland’s future” that was adopted by Council on 18 March 2015. 

5       The consultation document highlighted four key issues for the District: 

·                      managing the roading network and customer expectations;

·                      paying for the roads;

·                      sealing the last section of the Catlins Road; and

·                      funding depreciation. 

6       The consultation document highlighted a number of key proposals and options around these issues. 

7       Public consultation on the consultation document and supporting information occurred from 21 March to 21 April 2015 and 120 submissions were received.  In addition comments were received via informal feedback at the drop in sessions and through social media. 

8       At its meeting on 20 and 21 May 2015, following the oral submissions, Council will meet to resolve final issues that impact on the preparation of the final LTP. 

3          Tuesday, 19 May from 9.00 am

4          Hear submitters wishing to speak to their submissions (see attached timetable).

5          Wednesday, 20 May from 9.00 am

6           

7          Hear submitters wishing to speak to their submissions

8          After morning tea, begin to deliberate on Long Term Plan issues

9          Thursday, 21 May

10        Deliberate on Long Term Plan issues. 

11        Issues and Options Reports

9       A set of issues and options reports have been prepared that form appendices to this report.  This is a change in process from prior years. 

10     Previously Councillors have been asked to consider officers’ responses in relation to each individual submission, however, for the current process a set of issues and options papers have been prepared to assist Councillors in its decision-making.  Note that these reports have been developed prior to the Councillors hearing oral submissions. Officers will be attending the deliberations session and be available to provide further comment as required.

11     Councillors will have received a complete booklet of all the submissions.  The submissions have been analysed and inform the preparation of the issues, options and recommendations as set out in the following reports. 

12     Councillors may identify any other issues from the submissions that they wish to discuss or consider warrants a decision or action from Council. 


 

13     The issues that were raised in submissions fall into five broad categories:

i.          Changes to proposals outlined in the consultation document, on which officers have made a recommendation. 

12    These are discussed in the appendices.  

ii.          Funding requests and other prominent issues raised through submission, on which officers have made a recommended response. 

13    These are also outlined in the appendices. 

iii.         Operational matters within existing levels of service. 

14    Some submitters made requests relating to specific operational matters, which will not impact on proposed levels of service.  These have been provided to the relevant business units, who will review the information and consider steps that can be taken in response by considering :

·                      Their relative contribution towards Council’s overall outcomes, and

·                      Whether there is sufficient flexibility within the work programmes to accommodate the requests. 

15    In all cases a response will be provided to submitters. 

iv.        Matters for further consideration

16    Other submissions raised issues that require further investigation. 

17    Where appropriate, these will be considered as part of preparing for the
2016/2017 Annual Plan.  Some other requests may be considered as part of the policy forward work programme. 

v.         Minor wording changes to the Long Term Plan documents

14     Due to the financial constraints the Council is operating under, including the need to stay within the parameters of its Financial Strategy, officers are only recommending budget and other changes where a proposal is sufficiently robust, clearly aligns with Council’s priorities, and has significant and broad community backing. 

Factors to Consider

Legal and Statutory Requirements

15                   Under the Local Government Act 2002 a local authority must use the special consultative procedure (SCP) in adopting a Long Term Plan. 

16                   As part of the SCP Council must provide an opportunity for persons to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority, or any representatives to whom an appropriate delegation has been made. 

17                   Before making a decision Council may request or consider comment or advice from an officer of the local authority or any other person in respect of the proposal or any views on the proposal.


 

Community Views

18                   Community views on the issues affecting the Long Term Plan were gathered via submissions during the formal one month public consultation period.  Six drop-in sessions were also held throughout the District and feedback was also called for via Facebook.  In considering the officers’ recommendations set out in the appendices to this report, Council should take into account the feedback received via these alternative processes. 

Costs and Funding

19                   The financial implications of each of the options for the proposals and impact on rates were set out in the consultation document.  Additional details have been included in the issues and options paper where relevant.

Policy Implications

20                   Council has recently consulted on a number of policies and the Fees and Charges Schedule.  Some of these policies will be included in the Long Term Plan and therefore have been included in this report.  This includes the Revenue and Financing Policy and the Fees and Charges Schedule. 

Assessment of Significance

21       Council’s deliberations and decision-making on the issues that will inform the development of the Long Term Plan, and the setting of rates, is considered to have a high level of significance.  Individual issues have differing levels of significance. 

Recommended Option

22       It is recommended that Council makes decisions on each of the issues set out in the appendices to this report. 

Next Steps

23       Following Council’s deliberations and decision-making, Council officers will develop the final Long Term Plan and present it for adoption at Council on 24 June 2015.

 

Attachments

a         Hearing Timetable View    

 


Council

19 May 2015

 

Hearing Timetable

 

Tuesday 19 May

Time

Submitter

Submitter

Number

Topic

Notes

9.00 am

Axemen’s Association, Riverton Club - Peter Templeton

12

Riverton Grandstand

9.10 am

 

 

 

 

9.20 am

NZ Farm Forestry Association - Alastair D Wilson

81

Roading Rate Model

 

9.30 am

 

 

 

 

9.40 am

 

 

 

 

9.50 am

Dugald Mackenzie

71

Roading, Catlins Rd, Funding Depreciation etc

 

10.00 am

Sport Southland - Brendon McDermott

112

Sport/recreation related

 

10.10 am

10.20 -10.40am

Morning Tea

10.40am

 

 

 

 

10.50 am

Roslyn Road Residents - Patsy Gordon

125

Roslyn Road

 

11.00 am

Te Ao Marama

101

 

 

11.10 am

Southland District Health Board - Jo Grimwood

108

Treatment plants, public health, infrastructure

11.20 am

11.30 am

CCS Disability Action - Mary O'Brien & Co

121

Working together for Southlands Future

11.40 am

11.50am

 

 

 

 

12 midday

Chris Henderson

98

Roading, Asset Renew/Funding

 

12.10-1.10pm

LUNCH

1.20pm

Federated Farmers - Russell MacPherson 

107

Roading

1.30 pm

1.40 pm

Wendy Baker

73

Various

 

1.50 pm

Fonterra – Michael Hide

100

Roading/various

 

2.00 pm

2.10 pm

NZ Police/Safe Communities Steering Group  - Kelvin Lloyd

(N Mather ACC & Mr Stubb NZFS)

88

 

2.20 pm

2.30 pm

Meridian - Andrew Feierabend

117

Roading Rate Model

 

2.40 pm

2.50 pm

 

 

 

 

3.00-3.20pm

Afternoon Tea

3.30 pm

Sid Stronach

57

Curio Camp Grd & Development Funds

 

3.40 pm

Manapouri Community Development Area Subcommittee  –  Alan Youldon 

83

Manapouri Wastewater projects

Video-Link

3.50 pm

4.00 pm

SDC Youth Council

109

 

 

4.10 pm

Chris Shaw

86

Rates

Teleconference

4.20 pm

Vivienne Shaw

89

Rates

Teleconference

 

Wednesday 20 May

Time

Submitter

No

Topic

Notes

9.00 am

South Catlins Charitable Trust - Greta Buckingham

64

Curio Bay Road Sealing

 

9.10 am

Waikawa Rural Fire/Southern Districts Ambulance Society - Michael Bashford 

24

Catlins road

 

9.20 am

Mary Napper

58

Spend on Roads & Fund Depreciation

 

9.30 am

Riversdale Hotel - Gary Kirk

41

Liquor Licensing

 

9.40 am

Central Southland Lodge - John McHugh &

110

Liquor Licensing

 

9.50 am

Hospitality NZ – Fiona Morton/Gus Dermody

115

Liquor Licensing

 

10.00 –10.30

Morning Tea

10.30 am

Deliberations

10.40am

10.50 am

11.00am

11.10 am

11.20 am

11.30 am

11.40 am

11.50am

12 midday

12.20-1.20pm

LUNCH

1.20pm

Venture Southland - Trevor Johnston

118

Funding 

1.30 pm

1.40 pm

Deliberations

1.50 pm

2.00 pm

2.10 pm

2.20 pm

2.30 pm

2.40 pm

2.50 pm

3.00-3.20pm

Afternoon Tea

3.20 pm

Deliberations

3.30pm

3.40pm

4.00pm

4.20pm

4.40pm

 


 

  Thursday 21 May

Time

Topic 

9.00 am

Deliberations

 

 

10.00 am

Morning Tea

 

Deliberations

 

 

 

 

 

12 noon

LUNCH

1.00 pm

Deliberations

 

 

 

 

 

3.00 pm

Afternoon Tea

3.30 pm

Deliberations

 

 

 

 

5:00 p.m.

 


Council

19 May 2015

Description: sdclogo

 

Appendix 1:  Strategies, Financial Issues and Rating

Record No:        R/15/4/6296

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       A number of submissions were received in relation to Council’s Financial Strategies and Policies and on Council’s Infrastructure Strategy. 

2       Both Council’s Infrastructure Strategy and Council’s Financial Strategy were adopted by Council on 18 March 2015.  These documents provide a broad overview of how Council will manage its finances and infrastructure.  They provide the overarching framework for Council’s Asset Management Plans, Activity Profiles and financial policies including the Revenue and Financing Policy. 

3       The Revenue and Financing Policy states Council’s policies on funding operating and capital expenditure.  Council consulted on its Revenue and Financing Policy as part of a separate consultation process which ran in parallel with the Long Term Plan 2015-2025 consultation. 

4       The draft Revenue and Financing Policy summarises Council’s intended funding sources and explains operating expenses and capital expenditure for each activity.  The draft policy covers all intended sources of funding including rates, lump sum contributions, fees and charges, financial contributions and grants and subsidies. 

5       Other submissions received in relation to strategies and rating include concerns around rates affordability and the allocation of funding to specific projects and activities.

Feedback and Submissions

Community Views

6       A total of 23 submitters commented on the Revenue and Financing Policy, strategies and rating.  The full submissions can be found in the submissions booklet.

7       Submissions that set out requests are summarised below.  All other comments made by submitters are noted:

·                      While some submissions (11, 114) commended Council for maintaining rates as low as possible, others indicated that rates were too high and should be kept in line with inflation and the Local Government Cost Index (25,86).  Overall, there was support for being innovative and achieving cost savings to reduce rates.  

·                      Several submissions were received regarding the rating and financial information released during consultation.  One submitter (18) suggested that the rates calculator tool should provide indicative outcomes over a longer period since funding depreciation has long term impacts.  One submitter stated that funding and rating information released for consultation was misleading (89), while several other submissions requested that Council consider the impact that rate increases have on all individual properties when setting rates. 

·                      Two submissions opposed the level of funding given to Venture Southland
(86, 89) while another submission opposed the level of funding directed towards community development and corporate support activities (107). 

·                      Alternatives to the current funding structures were proposed including:

o    an increase in rating  through UTR (107);

o    a focus on shared services and economies of scale (114); and

o    not acquiring future debt (71). 

·                      One submission made on the Infrastructure Strategy states that local knowledge needs to be incorporated in road design, signage and other improvements.  This submission also queries whether Council is involved in investigating options for passenger rail services and low carbon safe roads. 

·                      Eight submissions (30, 36, 47, 60, 61, 65, 96, 97) have been received in support of the proposed Blackmount Community Hall rate.  Submitters saw rating as an affordable and effective way of supporting a valuable community facility.

·                      Three submissions were received regarding the Edendale Pool rating boundary (37, 48, 49).  Two submissions were in support and one submission
(Edendale-Wyndham Community Board) opposed the change to rating boundaries.  Submitters in support stated that it was equitable for the rate to be spread across a wider boundary, while the opposing submission (Edendale Wyndham Community Board) noted that although there was a need to adjust the boundary, the boundary should not include rating units in the Fortification district which contribute to the Tokanui Pool.  Submitter 49 (Wyndham District Community Pool Inc) suggested the rate be split between the two pools. 

8       Council officers have requested the following amendments to financial details of the draft Long Term Plan 2015-2025 for the purposes of accuracy or clarification:

(a)        The draft Long Term Plan 2015-2025 specifies that revenue generated as a result of the proposal to fund depreciation will accumulate into rate specific reserves. 
It is proposed to amend the draft Long Term Plan 2015-2025 to utilise some depreciation reserves to fund capital works, rather than using loans while accumulating a reserve.  For the following reserves, it is proposed that where there is current year funding for depreciation or the reserve has accumulated funds, that they be applied, in the first instance, to capital work being completed.

 

Balances are listed at the end of the 10 year period of the Long Term Plan
2015-2025.

 

Depreciation reserve

Balance as listed in LTP

Balance if amended

District Sewerage

$8,069,981

$2,893,834

District Water

$5,030,022

$855,147

Te Anau Rural Water

$702,260

$248,485

 

This amendment would not use any additional funds in the proposed depreciation reserve to repay existing debt quicker.  This amendment would also require changes to the Asset Management Plan for these activities. 


 

The overall impact on rates is minimal (a maximum of $20,000 reduction in any one year of the ten year plan), as the rates savings associated with the reduction in loan principal repayments, is predominantly utilised to fund depreciation.

(b)        The draft Long Term Plan 2015-2025 does not include the consolidation of Venture Southland’s budget into Southland District Council’s financial statements.  This needs to be included to meet financial reporting standards.  This does not impact on Council’s rates, operating income or expenditure.

(c)        The Makarewa Hall Committee requested that the rates collected in respect of the Makarewa Hall are removed from the draft Long Term Plan 2015-2025.  There is no longer a requirement for the revenue as the hall has been demolished.  This will result in a reduction in rates income of $2,242. 

(d)        Total internal income and internal expenditure within Council activities is required to offset to nil.  The Work Scheme activity internal codes were slightly out of balance in the draft Long Term Plan 2015-2025 (varying from $50 to $532) and therefore required balancing.  This will not impact rates. 

(e)        Depreciation reserve balances are required to offset to nil within each Council business unit.  An adjustment is required to the Matuku Water Supply depreciation reserves to balance this business unit.  The impact on rates is an increase of between $150 and $871 in years 2019/2020 to 2023/2024.

(f)        A new business unit needs to be established and should include the costs associated with the engagement of the new Group Manager Policy and Community.  Overall operating expenditure, and consequently rates will not increase, as these costs have only been reallocated. 

(g)        An update is required to various hall rates to ensure that the amount collected per ratepayer is accurate.  This update involves confirming the number of applicable rating units as per the rating information database.  The impact of rates is expected to be minimal on the basis that there have been minimal additions to the database. 

(h)        Council officers also request the following changes to the wording of Section 2.4 of the draft Revenue and Financing Policy. 

·                      Inclusion of wording to note depreciation reserves as retained earnings;

·                      Inclusion of reserves and depreciation as a mechanism for funding capital in some activities; 

·                      An amendment to the Corporate Support Activity to indicate the funding sources for capital work including IT projects.

Options

Rates increases

9       Option 1:  Maintain rates increase cap at a maximum of Local Government Cost Index + 2% as proposed in the 2015-2025 consultation document.

10     Option 2:  Reduce rates increase cap to be kept in line with inflation and/or Local Government Cost index.

Financial information available during consultation

11     Option 1:  Acknowledge the submitters’ comments and consider providing additional financial information for the entire associated period in future consultation processes.

12     Option 2:  Acknowledge the submitters’ comments, but recognise the significant implications associated with further disclosures as a result of Council’s complex rating system.

Community development funding

13     Option 1: Confirm the level of funding provided to Venture Southland as proposed in the draft Long Term Plan.

14     Option 2: Amend the level of funding provided to Venture Southland for community development activities.

Funding approach

15     Option 1: Confirm the funding approaches as proposed in the draft Long Term Plan.

16     Option 2:  Amend the funding approaches in the Long Term Plan.

Blackmount Community Hall

17     Option 1:  Confirm the Blackmount Community Hall rate as proposed in the 2015-2025 draft Long Term Plan.

18     Option 2:  Remove the Blackmount Community Hall rate.

Edendale Pool Boundary

19     Option 1:  Amend the draft Long Term Plan and other relevant documents for the boundary as per the Edendale-Wyndham Community Board submission.

20     Option 2:  Confirm the Edendale Pool boundary as proposed in the 2015-2025 Consultation Document.

21     Option 3:  Do not amend the Edendale Pool boundary.

Edendale Pool Rate Allocation

22     Option 1:  Instruct Council and Venture Southland staff to progress discussions with the Edendale/Wyndham Community Board on the policy and process required to be established to allow the rate funds to be shared amongst the two community pools and possibly the amount of the rate collected increased.

23     Option 2:  Continue with the status quo, all funds continuing to be provided to the Edendale Pool only.

Depreciation Reserves

24     Option 1:  Amend the draft Long Term Plan, Revenue and Financing Policy and other relevant documents to incorporate funding of capital projects from depreciation reserves rather than loans where funds are forecast to be available.

25     Option 2:  Do not amend the documents for the suggested changes.

Venture Southland Forecasts

26     Option 1:  Amend the draft Long Term Plan, and other relevant documents to consolidate Venture Southland’s budgets for the 10 years of the plan.

27     Option 2:  Do not consolidate Venture Southland budgets into the Long Term Plan.

Makarewa Hall Rate

28     Option 1:  Remove the proposed Makarewa Hall rate from the draft Long Term Plan.

29     Option 2:  Retain the proposed Makarewa Hall rate in accordance with the draft Plan.


 

Budget Reallocation

30     Option 1:  Amend the draft Long Term Plan and other relevant documents for suggested budget reallocations (being internal income and expenditure for Work Schemes, depreciation reserve balances for Matuku Water Supply and GM costs).

31     Option 2:  Do not amend the documents for the suggested budget reallocations.

Hall Rates

32     Option 1:  Amend the draft Long Term Plan and other relevant documents to collect the correct amount of rates for each hall in accordance with the most recent rating information database.

33     Option 2:  Do not amend the documents for the suggested hall budget amendments.

34     Establishment of the District General Rate

35     Option 1:  Amend the draft Long Term Plan and other relevant documents to collect the rates required for the following activities via a district general rate, and disestablish the associate district wide targeted rates: Representation rate, Strategy, policy and planning rate, Development and promotions rate, District heritage rate, Library service rate, Regional initiative rate, Council office and district support rate, Building regulation rate, Public health service rate, and Civil defence and rural fire rate.

36     Option 2:  Maintain the existing district rates for each activity as outlined above in option 1.

Discussion and Analysis

Legal and Statutory Considerations

37     Council’s draft Revenue and Financing Policy meets the requirements of Section 102(2)(a) of the Local Government Act (2002).  Sources of funding listed in the draft Revenue and Financing Policy are listed in Section 103(2) of the Act. 

38     Council has consulted on its draft policy using the special consultative procedure.  This meets the requirements of Section 83 of the Local Government Act (2002).

39     Note that the submissions received under the Long Term Plan consultation process, and the parallel consultation process for other policies, have been combined in this report for simplicity’s sake. Following deliberation on these separate issues, a final Revenue and Financing Policy will be developed and presented to Council for adoption in late June along with the final Long Term Plan.

40     While the Local Government Act 2002 (Clause 10, Schedule 10) requires the Revenue and Financing policy to be included in the Long Term Plan, decisions on the Revenue and Financing Policy and Long Term Plan are separate decisions.

Equity and Affordability

41     Council is aware that rates affordability is a significant issue and that rates can place a particular burden on members of the Southland District community.  Council maintains the consideration of rates affordability at the forefront of its operational and policy making processes.  For this reason, Council has proposed to set its maximum rates increase in any year at the Local Government Cost Index plus 2%.  Given the works, activities and services which are identified in the Consultation Document and supporting information, Council believes that it has ‘struck a balance’ between ensuring that it can maintain the services and replace assets required while ensuring that rates are kept as low as possible.

42     Under legislation, Council is only able to fund 30% of its rates by way of a fixed amount across ratepayers.  Collecting fixed rates means that a greater share is paid by residential ratepayers.  Currently, Council is collecting 25.5% of its rates in this manner.  An additional 4.5% equates to $1,888,713 (on average $122 per rating unit).  Council uses multiple rate types, including the roading targeted rate, to share the burden of rates across all sectors of the community.  As such, it is not considered that there is a need to increase the percentage of uniform charges to the maximum allowable 30% at this stage.

43     Given Council’s current rating structure of over 150 rate types, it is not possible to provide a comprehensive set of properties and their rates in the Consultation Document as it does depend on the value of the property and the services the particular property receives within the area it is located. However, Council did provide an online tool that received positive feedback and allowed ratepayers to enter their property address and obtain details of their rates for the 2014/2015 year and the indicative details of their 2015/2016 rates based on the proposals in Council’s draft Long Term Plan 2015-2025.  Council will continue to review and improve on this online tool in the future.

44     It is important today’s ratepayers pay for the services and assets that they use.  Similarly it is important that services and assets used by past ratepayers are not a financial burden on future ratepayers.  This method of spreading the costs across different generations is called intergenerational equity.  To achieve intergenerational equity, Council uses a number of tools.  These include collecting rates for present expenditure and the use of debt, which is repaid over the life of the asset. 

45     Another tool to achieve intergenerational equity is depreciation, which collects rates to cover the cost of using, renewing and replacing current assets.  The rates collected through depreciation are held in reserves.  When the group of assets for which they were collected are due for replacement those funds and their accumulated interest are used, ensuring that today’s ratepayers are not creating a financial burden for future ratepayers.  Council is proposing to implement a phased approach to funding depreciation in the 2015-25 Long Term Plan.  Further information and discussion on this matter can be found in Appendix 4 of this report.

Funding and Financial Considerations

46     By consolidating District activities to be funded by way of a General Rate (Uniform Annual General Charge), Council is simplifying the way rates are charged and increasing its efficiency.  This will make rates easier to understand while maintaining equity regarding who pays for services.

Edendale Pool Boundary Rate

47     In the development of the draft Long Term Plan some confusion arose around the preferred rating boundary for the Edendale Pool. The Edendale-Wyndham Community Board submitted that it did not support the proposal to align the Edendale pool rating boundary with the Edendale-Wyndham Community Board boundary.  A new Edendale Pool Rate Boundary map (attached) has been created to reflect the Edendale Wyndham Community Board’s preference. It now shows the following boundaries:

·                      Edendale-Wyndham Community Board,

·                      Gorge Road Community Development Area,

·                      Revised Edendale Pool Boundary.

The recommendation is for Council to amend the draft Long Term Plan on this basis.

48     The Wyndham District Community Pool has submitted that the funds from the Edendale Pool rate should be allocated to both the Wyndham Community Pool and the Edendale Community Pool.  Council officers have commented that Venture Southland is working with the Community Board and the Wyndham District Pool Committee, to ensure that all requirements for funding are met before decisions will be made regarding any potential allocation between the pools or an increase in the rate.  The Wyndham Pool Committee has been advised of the requirements and the recommended timeframes to obtain a share of the rate collected in future years.

Other Comments

49     Ratepayers need to recognise that water and sewerage ‘loans’ are a rate, and not a loan in the true sense of the word.  Council is not a financial institution, and therefore does not have the sophisticated systems and resources available to manage partial lump-sum repayments of loan rates.

50     Recently, a comprehensive review of the funding and governance of Venture Southland was undertaken.  As a result of this review, Council decided to maintain the current structure and funding arrangement for Venture Southland because it allowed sufficient autonomy and flexibility for Venture Southland to deliver its services and also provide value to Council and ratepayers.  Consideration of providing a funding adjustment to Venture Southland for movement in the consumer price index is discussed in Appendix 9:  Funding and Grants requests

51     One submitter suggested a poll tax to help spread the burden of funding.  Council endeavours to spread the cost of rates having due regard to the contributor to the costs and who benefits from the activities, infrastructure and services.  Council is limited by the Local Government (Rating) Act (2002) to a maximum of 30% of its total rates being collected by way of a fixed amount.

52     One submitter (114) provided suggestions on savings to be achieved through greater shared services and explore alternative funding through partnership with the private sector as well as user pays.

53     Council actively seeks alternative funding methods and ways of achieving cost efficiencies and is open to reviewing any specific opportunities that it is made aware of.  Currently, as examples, Council has through the "All of Government" scheme electricity at very competitive pricing.  Council also subscribes to N3, which is a preferred supplier discount offer.   Fees and Charges are also reviewed regularly and are collected where appropriate. 

54     Council is always open to opportunities for private sector participation, such as Stewart Island Electricity, but given the mainly operational nature of Council’s infrastructure there is little obvious opportunity.  The Haast Hollyford Road proposal is one example where a public private partnership could potentially be explored.

55     The Council’s major roading service contracts are not inflation linked.  The alliance style contracts are driven by fixed annual budgets, which have been reducing in real terms.  However, the reseals contracts which are inflation linked through the industry standard NZTA reseals index have been going down in price due to the effect of diesel and bitumen price movements.  The Council always carries out analysis on the advantages and disadvantages of inflation linking period service contracts. 

 

 

 

 

 

 


 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 1:  Strategies, Financial Issues and Rating ” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Confirms, as proposed in the draft Long Term Plan and associated documents, the following:

i)          Rates increase cap at Local Government Cost Index + 2%.

ii)         Funding for Venture Southland.

iii)        Funding approaches applied to Council’s activities.

iv)        The Blackmount Community Hall rate.

d)         Agrees to amend the draft Long Term Plan and associated documents to include the following:

i)          Updated Edendale Pool Boundary as set out in the attached map.

ii)         Consolidation of Venture Southland’s budgets into Council’s financial statements.

iii)        Removal of the proposed Makarewa Hall rate.

iv)        Reallocation of budgets associated with internal income and expenditure, depreciation reserves and GM costs as required.

v)         Updated hall rates in accordance with the current rating information database.

e)         Agrees to Council and Venture Southland staff progressing discussions with the Edendale-Wyndham Community Board in relation to the allocation of the funds from the Edendale Pool rate.

 

f)          Agrees to amend the draft Long Term Plan, the Revenue and Financing Policy and relevant Asset Management Plans/ Activity to use district sewerage, district water and Te Anau rural water supply depreciation reserves to fund capital works being completed.

g)         Confirms the establishment of the proposed District General Rate to fund various district activities, and the disestablishment of the following rate types:

i)          Representation rate

ii)         Strategy, policy and planning rate

iii)        Development and promotions rate

iv)        District heritage rate

v)         Library service rate

vi)        Regional initiative rate

vii)       Council office and district support rate

viii)      Building regulation rate

ix)        Public health service rate

x)         Civil defence and rural fire rate

 

 


 

Excerpts from Public Submissions on Strategies and Rating

 

Submission Number

Comment

11

Keeping rates as low as possible is a good idea.

18

I used your rating tool to illustrate the proposed changes will have to my business.  Great … but hold on here that is just for the coming year ...  with phased in depreciation and increases over time to water and water I have no idea what my rates will be like in 2, 3, 4, 5 years and beyond.  That concerns me.

25

Keep rates increases in line with inflation or less.  Rates are too high.

44

We believe that ratepayers should have the ability if they wish to be able to repay these loans if there situation changes over time.  Some of these rate payers have large amounts of money to be repaid quarterly, and if they are fortunate enough to be able to make some early repayments they should be able to do so.

62

Yes a POLL tax should be introduced so that all residents appreciate the services that are on offer and the burden is spread a bit wider. Have you the will to push this.

71

I see that the Council is intending to go into debt in the future.  I hate the thought of my children or grandchildren having to pay interest on loans through their rates.  Southland County from the 20s into the 90s always had a cash reserve (possibly the only local authority in New Zealand).  When the Wyndham Town Board was offered the money to put stopbanks around the town even with 75% subsidy it was beyond the Town Board.  Southland County loaned Wyndham Town Board enough money to buy the subsidy.  It was a 20 year loan to be paid back through their rates.  Wyndham got their stopbanks and I am living in the Wyndham Rest Home now sheltering behind it. 

86

Projected Overall Rates Increases

Council is projecting that rates increase each year over the next 10 years will be in the band 3.00% to 3.50%.  Inflation is in the band 1.50% to 2.50% for the same period.

 

As I have already discussed, for many ratepayers, it is not possible to pass on rates increases to customers as we are residents not businesses.  Effectively, many residents are end-users, whereas businesses are not. 

 

Given this, surely the target rates increase for residential ratepayers should at most be the rate of inflation.  This would mean that Southland District Council would have to achieve substantial cost savings, see below.

 

Another worrying factor here, for me, is that the rates increases our property is experiencing are very different to the Council average.  Over the last 4 rates cycles (including the projected 2015-2016 cycle), the annual increase in the Council's rate take has been in the range 2.95% to 3.73%.  In the same period our rates have increased in the range 5.33% to 8.15%.  Such rises are not sustainable in the long term.

 

Council needs to monitor the increase for each property in the district and mitigate rises where they are outside a small range from the average rise.  There is little point trying to promote economic development when Southland District Council actually stifles development through its rates rises.

 

Reducing Costs to Ratepayers

Southland District Council needs to set realistic targets for rates increases.  To do this a reduction in projected spending is necessary.  In the Southland District Council 10 Year Plan, as always, funding of Venture Southland (VS) is a major item ($1.76 million) with virtually no explanation of how this is to be spent.

 

Every $100K spent by Southland District Council is 0.24% of the rates bill and so small savings in the spend at VS would have a large impact on the rates.  Given the lack of accountability of VS to Southland District Council ratepayers, this might be a place to look for savings.

89

YES!  Council needs to look very carefully at how it levies its rates.  Constantly increasing our rates at the levels the council has been using in recent years is not sustainable for property owners.  Our rates have increased by approx. 77% in the 11 years we've been in Te Anau compared with an average inflation rate in the region of 2-3% per annum.  Council needs to aim towards a zero rates increase in the longer term with a short term aim of nobody's rates increasing more than the current rate of inflation. 

 

A lot of people in Southland have to make difficult choices when they receive their rates bills - with little control over the rise in rates they have to cut back on other expenses,.  People on low incomes or pensions are constantly being put under financial pressure by the Council for little perceived benefit. 

 

Can the Council make cost savings - of course it can.  Ratepayers have to, so should the council.  Better consultation on projects like cycle trails and wastewater options could have result in lower legal costs as the Council's plans are being challenged.  The Council really should stick to its core activities and not get involved in activities such as airports and cycle trails - the latter two activities only benefit a very small number of Southland rate payers which the majority have to subside. 

 

Funding of Venture Southland needs to be looked out - why should residents of Southland have to pay so much more for Venture Southland than residents of Gore?  Council needs to look at its costs - I do not buy into the argument that councils anywhere in the country have to pay close to commercial rates for senior managers.

 

I'm disappointed that some of the information published in the 10 Year Plan Consultation Document appears to be misleading.  According to the table on 30, the average level of rates for a property like mine is in the region of $1480, yet I am paying $2234.  The margin of error here is extremely large and hence misleading.

 

I wish to speak to my submission and expand on the issues I have raised.

98

We have a quality infrastructure with potential for growth.  Growth cannot be unlimited in a finite world.  Already the strains of growth are showing in air and water quality, deprivation in many sectors of society, outsourcing of local goods and services (often a government decision with little regard for local or regional impacts), and poor roading surfaces and designs (3.2 - We have safe roads).  Juggernaut legislation should have been accompanied by extra funding to negate the increased impacts on roads and bridges. 

 

Local knowledge needs to be incorporated in road design, signage and other improvements, as a matter of urgency. 

 

Is the Southland District Council involved in consultation regarding new legislation presently going through Parliament - if not why not (see letter from Opus).  Passenger rail services - low carbon safe road.

107

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 107 in the submissions booklet.

 

7.       RATES

 

7.1 - In the 2015/2016 year, Council is proposing to increase the total rates by 3.44%.  The Council proposes to increase rates for the remainder of the Plan by between 3.19% and 3.54%.  We note that this is better than the 4.0% - 5.7% increases forecast in the last Long Term Plan, however, we remain opposed to this increase, especially considering the rates rises over the past few years.

 

7.2 - Comparatively, the Local Government Cost Index is 2.0% in 2015/2016, and we would expect Council would seek to cut non-essential spending next year to provide a lower increase. 

 

Compared with other Territorial Local Authorities, it appears the Southland District spends a large proportion of operating expenditure on Community Development and Corporate Support.  We consider there should be an effort on the part of Council to economise and reduce spending in these areas.

 

7.3 - Many farmers are going to be significantly worse off than other ratepayers in 2015/2016 with total rates rises for small non-dairy farms, and many dairy farms being in the vicinity of 6-8%.  This combined with higher property values means that these rates increases will run well into the hundreds of dollars for some farmers.  Rates increases like this year after year is unsustainable, especially in the current economic climate where farmers are struggling to break even.

 

7.4 - We note that Council is proposing a maximum rate increase of the Local Government Cost Index plus 2%, which could lead to total rates increases of 5.5% by 2024/2025.  Over the next 10 years, if Council achieves its forecast rates will increase by well over 30% in just 10 years.  This is unacceptable and suggests Council needs to reconsider its priorities, funding options, and funding constraints. 

 

Over this same time period the CPI is expected to increase from approximately 1.75 to 2.5%.  Council should aim to keep rates increases within the Local Government Cost Index.

 

Recommendations

7.5 - We oppose the forecast rates increases for farmers and consider these are inappropriate and unsustainable.

 

7.6 - Overall, Federated Farmers considers that the Council needs to do more to curb rates increases.  We recommend that Council reviews its non-core expenditure and works to finds efficiencies in operations.

 

Uniform Targeted Rate (UTR)

7.7 - Council's revenue from the Uniform Annual General charge and certain targeted rates set on a uniform basis is 25.50% in 2015/2016, down from 27.8% in 2014/2015.  Federated Farmers opposes the proposed drop in the use of the UTR, and considers that Council should set the level of uniform rates at 30% of total rates revenue.

 

7.8 - Apart from 2014/2015, Council has reduced the amount of rates recovered through the UTR, to the effect that a larger proportion of rates are allocated on a property value basis.  Because farmers are reliant on land for production, this in turn shifts the cost of council activities onto farmers and other ratepayers with relatively high capital values.

 

7.9 - This is not a sound application of funding policy, and does take into account the actual income or financial situation of the ratepayer.  Council has only one narrow measure of wealth, that of property value, and this narrow measure provides no accurate indication of a ratepayer’s relative ability to pay.

 

7.10 - Federated Farmers contends that a farming property should not contribute a disproportionate amount to the activities funded by it, where that property has no greater impact than that of a residential property, or where the direct benefits are not captured by the farming property.

 

Recommendation

7.11 - Federated Farmers believes that where Council activities benefit all residents equally, ratepayers should pay the same amount, for example, District Leadership and Support, and Representation and Advocacy.  Federated Farmers believes that the UTR is the most appropriate method of funding these activities.  Federated Farmers submits that Council can and should fund all of these activities’ costs currently attributed to the general rate using a UTR.

108

For the full commentary see Submission No. 108 in the submissions booklet.

·             Submitter supports the sealing of the Catlins Road.

·             That Southland District Council consult the Public Health Service them when reviewing changes to existing infrastructure which may have an effect on the public health of the community.

·             Recommends that Southland District Council continues to prioritise the provision of appropriate infrastructure to fulfil acceptable standards aimed at protecting the public health of communities.

·             Commends council on the smokefree policy and signage.

·             Supports enabling active communities through AMCT (but notes maintenance cots not stated) and upgrading playgrounds.

·             Want support for a Health in all Policies (HiAP) approach being adopted by Council and welcome future opportunities to discuss this further with you.

114

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 114 in the submissions booklet.

 

The Long Term Plan is business-like and provides a sound platform on which to build and explore scope for improved efficiency, working smarter and being more innovative.

 

-       Council is setting a good example and giving certainty to the business community in limiting annual rate increases to 2% - the Consumer Index.

-       There is scope to extend the shared services statement with other councils to achieve economies of scale in areas such as roading repairs, materials, office supplies, administration, computer services etc.

-       There is also scope to explore alternatives to dependence on rates.  Council states that it will limit rates to less than two-thirds of revenue.  This gives certainty, but with looming concerns about ‘ageing infrastructure’, now might be the time to explore specific options that build on the commitment to introduce a culture to work smarter and be innovative.

-       Review the potential opportunity to look at a strengthened inflation-indexed cost for core services, and reduce the 2% even lower which could provide the opportunity to retain rate increases for clearly beneficial capital works within specified time frames for them.

-       The document stresses the importance of funding of roads, the concerns on aging infrastructure and whether to provide new water supply and wastewater schemes.  There could be options to invite private sector participation/ investment to provide ‘user pay’ services?

 

 


 

Blackmount Community Centre Rate Comments

 

Submission Number

Comment

30

 

 

My submission is in support of the proposed Blackmount Community Centre Rate.  The recent closure of the Blackmount School has meant the community has lost a focus point, that was at the heart of the community.  Many believe the on going use of this modern school building as a community centre will go a long way to filling the gap left by the school closure.  The Blackmount community have over the years proved their ability to fund and maintain these types of assets.  The pool being a good example.

 

A rate is a logical way to evenly fund some of the running costs, and I believe supported by the majority of families in Blackmount.  A rate has the added advantage to the community of offering a small but dependable flow of funds towards the on-going maintenance of the building.  Historically in Blackmount these funds have had to be raised through large fundraising events or public funding.  These events will continue but the addition of rate income will offer more certainty and reduce the need for fundraising.

The existing hall is in its twilight years and will need some significant expenditure before long.  It is an opportune time to replace it with the modern low maintenance school building.

36

In my view the proposed Blackmount Centre (school) is a wonderful idea and I support the rate for the on-going operation of same.  The centre (school) is a warm, comfortable, relatively new, low maintenance building with a modern kitchen in close proximity to the tennis courts, playground and swimming pool and will certainly be used and appreciated by the local community.

47

I would like to support the proposed new hall rate of $57.50 in Blackmount.  I see it as a fair and reasonable way for the Blackmount community to manage an important community asset.

60

I wish to support the proposed Blackmount Community Centre Rate for assisting with the ongoing operation of the Blackmount Community Centre.  The school/community centre has been and will continue
to be the heart of the community.  The community is a very supportive community and is prepared to raise funds to maintain and operate their community centre.  I believe the proposed rate is a similar rate to that of support to other community centres.  Losing the school was a big blow to the community but turning the school building into a community centre will make the best of the situation and keep this facility within the community.  The old hall is no longer suitable for group activities and having the school building as a community centre will encourage a greater use of this facility.  My family has been part of this community
for 35 years and my children went to the school.  We would like to see the school/community centre continue being the heart of the community.

61

We support a rating district being established in Blackmount to support the community centre.

65

As a family, and members of the Blackmount Community, who are also highly involved in community activities and committees, we are really keen to see the old Blackmount School (which will become our Blackmount Community Centre) become rated amongst all of the houses in our district.  We are very supportive of the rate that will help maintain this building for the future.  This will help provide a small steady income that will help the Community Centre Committee to keep hire charges affordable, and to plan maintenance work.  We think a proposed rate is comparable to other communities and a fair way to fund it.  The school/community centre can remain the heart of Blackmount and the community's identity.

96

I strongly support the proposed Blackmount community centre rate.  The community has already invested a significant amount in securing the school building as a much needed community centre.  A rate is a very appropriate way of assisting with the maintenance of the building which is available to all of the residents of the community.

97

The Blackmount Amenities Committee wishes to support the proposed Blackmount Community Centre rate.  The school/community centre has been and will continue to be at the heart of the Blackmount Community.  Losing the school in 2014 was a big blow to the community but we believe that turning it into a community centre will make the best of a bad situation and keep this facility for the community.

 

Over the last 20 years the school has been used for meetings and community events as the old hall/community centre is difficult to heat, draughty, mouse ridden.  Going forward it would need a lot of money spent on it to bring it up to a suitable standard.  This is an opportune time to purchase the building as our new community centre and with the help of the Council, community fundraising and public funders the Blackmount community has been fortunate to be able to obtain a modern, well maintained, multi-functional building for a low cost and without incurring debt.  The rate was proposed by the Blackmount community as a way to fairly raise funds to maintain and operate this local community centre.  The survey undertaken as part of the feasibility study showed a significant support for the establishment of the rate.

 

The Community Centre will be available to all current groups as well as new users.  Users of the centre will contribute through a hire charge.  Having a small steady income from the community centre rate will help the committee to keep hire charges affordable, while maintaining a regular maintenance programme.

97

It is quite common in Southland for districts to gather rates for maintenance of community halls and Blackmount has a strong record of facility development and maintenance.  The school has always been the heart of Blackmount and without the use of the school building as a community centre we believe the community could struggle to keep its identity.

 

Edendale Pool Rating Boundary Comments

 

Submission Number

Comment

37

The Edendale Wyndham Community Board does not support the proposal to align the Edendale Swimming Pool rating area boundary with the Edendale Wyndham Community Board boundary.  There is a need to adjust the Pool Rating boundary where it overlaps some properties that are inside the Gorge Road CDA but extending it, particularly in the south eastern area of the Community Board, will include properties in the Fortification district that are in the Tokanui community of interest and support the community pool in Tokanui.

48

Edendale Pool Rate

Now there are two community pools in the Wyndham/Edendale Board area it is only fair that the funds from Wyndham ratepayers go towards their local pool.

49

Edendale Pool Rate

The Wyndham District Community Pool committee submit on the basis of community support, that the Edendale Pool Rate be split between the Wyndham Community Pool and the Edendale Community Pool.  It is only fair that the funds of Wyndham ratepayers go toward the pool that they support.

 

 

Attachments

a         Edendale Pool Rating Boundary map View    

 


Council

19 May 2015

 

 

 



Council

19 May 2015

Description: sdclogo

 

Appendix 2:  NZTA Investment Programme

Record No:        R/15/5/8390

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report provides an update around the indicative investment levels that the New Zealand Transport Authority (NZTA) have allocated to the Southland District.  As a result of changes to NZTA indicative levels of investment, it is recommended that changes are made to the roading programme. 

Background

2        Southland District Council applied for around $73.4 million in funding from NZTA in respect of roading maintenance and renewals.  In response to this application, the NZTA have provided indicative investment levels of approximately $68.9 million in funding for the Southland District.

3        As a result of a recent review of funding assistance, the NZTA have also changed its approach to funding administration and overhead costs and this has had an impact on Council’s roading budget.

4        Indicative investment levels discussed in this report are in respect of maintenance and renewals only. The Council has not received confirmation of its improvement funding levels.

 

Issues

5        Due to indicative investment from NZTA which is lower than Council’s request, it is proposed that changes are made to some roading projects.  These changes are outlined below.

 

LED project

6        It is proposed that the LED project is moved from the maintenance and renewal budget to the improvement budget.  The LED project was included in the maintenance and renewal budget because at the time there was no guidance from NZTA on how this type of project should be funded.  Since the development of the budget, NZTA has indicated that this project would be more appropriately funded from the improvement budget.

 

Administration and overhead costs

7        Changes to the way that NZTA funds administration and overhead costs have had an impact on Council’s budgeting.  Previously, NZTA funded overhead and administration costs by adding a 2.25% to the funding assistance rate (FAR).  For example, at the previous FAR of 53% for every $1.00 spent by Council, 53 cents plus 2.25% was received.  However, since the recent changes in NZTA policy regarding funding assistance, administration and overhead costs are allocated directly to projects or activities.  This means that when costing a project or activity, it is now necessary to consider the administration and overhead costs required.

8        Council has also reduced administration costs incorporated into the roading programme budget.  These costs were included in the request for funding to NZTA but have not been listed in the draft Long Term Plan 2015-25.  The amount of funds requested in respect of administration and overheads reflected factors which could increase these costs.  However, Council has prepared a conservative budget which strives to produce efficiencies and allows for status quo administration and overhead costs.  In effect, this means that Council can continue to fund administration and overhead costs at the current rate.

9        The table illustrates the impacts below:

 

 

What we asked NZTA for

Long Term Plan Budgets

 

(2015 – 2018)

(2015 – 2018)

Programme Budget

                             70,214,116

                               70,202,115

Administration/Overhead Funding

                                3,202,487

                                 1,566,164

Sub-total

                             73,416,603

                               71,768,279

What NZTA have indicated

                             68,943,000

                               68,943,000

LED Streetlight now to be funded from Improvements

                               1,003,798

GAP we need to reduce programme by:

 

1,821,481

 

 

Local share

10      Council collects a local share of road funding to match the funding received from NZTA. Since the amount of indicative investment is now reduced, it is recommended that the Council also reduce the rates it collects to meet NZTA indicative programme.  This will ensure that rates are realigned to our roading programme.  It is also consistent with Council’s current position that it will not fund any roading activity which does not receive NZTA funding.

11      Collecting a lower local share means that approximately $876K less in roading rates need to be collected over the next three years.

 

Review of reseal programme

12      To align our budgets to NZTA funding and address any remaining shortfall, the Transport Department will be reviewing the reseal programme for the next three years. In preparing the budgets for the draft Long Term Plan 2015-25, actual 2014/2015 reseal contract rates were used.

Over the last six months there has been a significant drop in the bitumen index.  Reseal cost rates are set based on this index. Therefore, to address the shortfall in funding the
Transport Department have used the actual rates for the season including the outcomes of the bitumen index.  Applying this principle has reduced our roading programme by $1.8 million which aligns to NZTA’s indicative investment. However, there is considerable volatility in pricing in this activity.  Council must also meet its reseal programme as indicated in the Transport Asset Management Plan since this is now a mandatory performance measure imposed by the Department of Internal Affairs.

13      Reviewing the reseal programme for the next three years is a short term solution but is not necessarily the best option long term. However, based on the past reseal season, there is minimal risk associated with reviewing the reseal programme for the next three years. Additional work is required to review the long term budgets in detail and this will occur over time.  Any subsequent changes will occur as part of the Annual Plan process in 2016/2017 and 2017/2018.

 

Options

14      Council could choose to:

·                      Option 1:  Amend the roading budget to reflect the changes outlined in this report;

·                      Option 2:  Not amend the roading budget; or

·                      Option 3:  Use the surplus local share and complete ‘unsubsidised work’.

 

Option 1:  Amend the roading budget to reflect the changes outlined in this report

Impact on rates:

·              This option would result in approximately $876K less in local share being collected over the next three years. This would mean a decrease in the overall roading rate required to meet Council’s schedule of work.

Advantages:

·              The proposed amendments reflect indicative investment from NZTA.

·              Proposed changes ensure that Council is not collecting a local share from ratepayers which will not be matched by NZTA funding.

·              Proposed changes ensure that Council is budgeting prudently and efficiently and developing a work project which makes the most of its resources in consideration of long term asset sustainability.

·              This option will not impact on the budgeted quantities of reseals.

Disadvantages:

·              No notable disadvantages have been identified.

 

 

Option 2:  Not amend the roading budget

Impact on rates:

·              If no changes are made to the roading budget, the roading rate requirement will remain as projected in the draft Long Term Plan 2015-25. Any variance between the budget and actual income and expenditure levels would then need to be explained in the Annual Report.

Advantages:

·              By not changing the budget the additional local share can used to repay internal debt or start to put funding into a reserve. The collection of budgeted local share could allow for an earlier transition to the proposed funding of depreciation.

·              The NZTA investment programme is indicative only at this stage. If the budget remains unchanged, Council has additional time to respond to NZTA to negotiate for further investment. 

Disadvantages:

·              This does not reflect NZTA’s indicative investment and part of the local share which would be collected would not be matched by funding from NZTA. 

 

Option 3:  Use the surplus local share to complete ‘unsubsidised’ work.

Impact on rates:

·              If no changes are made to the roading budget, the roading rate requirement will remain as projected in the draft Long Term Plan 2015-25.

Advantages:

·              This option would allow Council to invest additional resources into the roading network.

Disadvantages:

·              Funding unsubsidised work could signal that council is willing to fund some of its programme without an NZTA subsidy. This could influence future funding decisions by NZTA.

·              Defining the type of work which could be unsubsidised in the future would be difficult.

 

Discussion

15      It is important that Council’s roading budgets provide an accurate projection by reflecting the most recent information from NZTA.

16      At this stage, investment outlined by NZTA is indicative only. As a result, Council has to provide for a level of flexibility in its budgets. It is also important that the Council is collecting a local share which reflects the level of NZTA subsidies available. On this basis, it is recommended that the budget is amended to reflect NZTA’s indicative investment programme.

17      The proposed changes ensure that Council is acting prudently and is making the most of the subsidies provided by NZTA.  They also consider rates affordability by ensuring that Council is not collecting roading rates which will not be matched by funding from NZTA.

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 2:  NZTA Investment Programme” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Agrees to review the reseal programme in light of NZTA’s indicative investment programme.

d)         Agrees with amending the draft roading budgets and draft Long Term Plan to align with the indicative investment from NZTA.

 

Attachments

There are no attachments for this report. 

 


Council

19 May 2015

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Appendix 3:  Maintaining Roads and Levels of Service

Record No:        R/15/4/6290

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       Council spends around $27 million per annum on its roading network.  As a result of a recent review of the Funding Assistance Rates (FAR) by the New Zealand Transport Authority (NZTA), Southland District Council receives less road funding from central government than in the past.  A reduction from 55% to 51% FAR over the next four years means that Council will face a shortfall of $230,000 in 2015/2016.  This shortfall will increase, even if Council only continues to provide the current level of service. 

2       An increasing number of heavy vehicles are also using Southland District roads, exacerbating damage and the demand for repairs and renewals.  Customer expectations for roading levels of service have not adjusted to correspond with the environment of lower levels of central government funding and higher heavy vehicle use.  This means that Council will need to do more with less to meet customer expectations. 

3       Modelling has shown that 20% of Southland District roads carry most of the vehicles (67% of all vehicle kilometres travelled).  The remaining 80% have a much lower usage rate.  Council is proposing to focus our resources on the roads which experience the highest amount of use.  This is referred to as the 80-20 principle. 

4       This proposal is part of a broader review being undertaken to prioritise Council expenditure and asset development in all activity areas. Council intends to prioritise expenditure and the development and maintenance of assets to ensure that investment is proportionate to asset/service use and the benefits they offer to the community.

Consultation

5       Council has consulted on an approach which would see investment prioritised on the 20% of our roads which have the highest vehicle movements.  The 20% of roads, which include a small number of gravel roads, will be maintained to a high condition and will be renewed at the end of the life of the asset. 

6       Under Council’s proposal, sealed roads in the 80% with lower traffic volumes may see some reduction in road quality and would be managed to a lower level of service through increased patch repairs and reseals. 

Feedback and Submissions

7       A total of 50 submitters commented on this issue.  The full submissions can be found in the submissions Booklet.

8       Of the 50 submissions that expressed a preferred option, 34 supported option one which is to move to an 80-20 principle and 16 supported option two which is to maintain the status quo. 

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9       Several submitters made comments supporting moving to an 80/20 principle for maintaining our roads (submission numbers 81,109,116).  The majority of comments were from submitters who had concerns about the impact of this principle on the maintenance of the roads.

Options

10     Council released the following options for consultation:

·                      Option 1:  Move to an 80:20 principle;

·                      Option 2:  Status quo.

11     Under both proposed options, Council would continue to fund roads using a mixture of funding from the NZTA and rates. 

 

Option 1:  Move to an 80-20

Impact on rates:

·              The proposed option to move to the 80-20 principle would result in an overall rates increase of around $496,807 in 2015/2016.  This equates to an increase of around $32.10 per rating unit for the 2015/2016 year. 

Advantages:

·              The 80-20 principle allows Council to make the most of its financial resources by concentrating expenditure in areas which provide the most benefit to ratepayers. 

·              The proposal will allow Council to operate more effectively in a constrained economic environment and encourage economic activity throughout the Southland District. 

·              By spending more on roads which are most frequently used, Southland District Council will be able to maintain these roads and the overall road user experience to a high standard.

Disadvantages:

·              Lesser used sealed roads may see some reduction in road quality.  The impact of lower levels of service to these roads is likely to be low. 

 


 

 

Option 2:  Status quo

Impact on rates:

·              If all current roads are maintained at the current level of service and no rehabilitations are deferred, there would be an overall rates increase of about $641,757 in 2015/2016.  This equates to an increase of $41.47 per rating unit. 

Advantages:

·              There would be no significant changes to current levels of service. 

Disadvantages:

·              Maintaining the status quo is a more expensive option for ratepayers.

·              The status quo does not attempt to proactively respond to the current environment of constrained road funding which may continue into the future. 

          Discussion and Analysis

12     The proposal to move to an 80-20 principle for road funding has considered the on-going likelihood of a constrained funding environment.  It has also considered rating affordability and making the most of available resources without placing additional financial demands on ratepayers.  It represents a logical approach to prioritising high volume roads in the Southland District.  Option 1 contributes to the Community Outcomes of Making the most of our Resources and Being an Effective Council

13     The One Network Road Classification (ONRC) involves categorising roads based on the functions they perform as part of an integrated national network.  The classification will help local government and the Transport Agency to plan, invest in, maintain and operate the road network in a more strategic, consistent and affordable way throughout the country. 

14     Effectively, NZTA is aiming for the road user to have the same experience whether they are driving on roads in Taranaki or Southland.  Southland District's network is generally at a higher standard than the current national standards. 

15     It is likely that NZTA will fund roads to meet these new national standards but not to exceed them.  If Council wishes to have a level of service over and above the standards prescribed by the ONRC national standards work to meet this level of service is unlikely to be subsidised by NZTA in the future. 

16     Within a rates constrained funding system and with the aim to move towards a more ‘fit for purpose’ network, it is believed the proposed 80/20 strategy is an effective and efficient use of resources.  Over the next three years we will be working closely with NZTA and Local Government New Zealand to gain a better understanding of these new standards. 

17     NZTA has assessed that the standard of Southland District roads is high compared to national standards.  That is, even if the 80-20 principle were adopted, Southland District would still be assessed as providing a high level of service by national standards.

18     Adopting the 80-20 principle would mean that the prioritised ‘high use’ roads would be renewed to modern standards.  The overall impact on levels of service will be minimal.  The average driver is unlikely to notice a change to the standard of roads. 

19     It is of note that Fonterra Ltd have expressed support for this proposal in its submission. 
As a high volume user of district roads, this is significant, particularly considering that the roading network is critical to its business success. 


 

20     The 80-20 principle (Option 1) meets the legislative requirement for a local authority to “ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets” - section 14(1)(g) Local Government Act (2002). 

21     Option 1 ensures that ratepayers receive a high level of service for a relatively low increase in roading rates.  By applying a higher amount of rates to roads which have been measured to have the largest traffic volumes, it maximises the benefit which most ratepayers are able to receive from the roading network. 

22     Moving to an 80-20 principle to fund the roading network would mean a total rates increase of $496,807 in the 2015/2016 financial year.  This is 22.59% lower than the approximate increase of $641,757 in 2015/2016 if the status quo funding approach is maintained. 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 3:  Maintaining Roads and Levels of Service” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Adopts the proposed 80-20 principle approach to funding the roading network (Option 1) as set out in the draft Long Term Plan and agrees to the final Long Term Plan 2015-2025 being prepared on this basis. 

 

 


 

Excerpts from Public Submissions on Maintaining Our Roads

 

Submission Number

Comment

7

I think the heavy users should pay the costs.

18

I have grave concerns that the '80%' roads could become substandard.  What then? Have you allowed any contingency in case your modelling sees some of your 80% roads hazardous?

19

Very hacked off to hear Government is cutting funds for roading, obviously geo-engineering man-made weather control and flag changes are much more important. 

20

As long as roading companies make sure they do a decent patch up job.  We have seen patch up jobs only lasting a week or two because they weren't done properly.  This could end up costing the council more.  Make sure graders do a good job too.  We have seen tuffs of dirt in the middle of the road or large amounts of gravel which makes it unsafe + costly to your vehicle.

22

Dairy/Forestry trucks are clearly the main cause of degradation of Southland roads.

24

I believe that the greater user should pay the most.  The government invited tourism to the Catlins so that sector should have to pay more.

25

More supervision by Council when roads are being reconstructed. 

31

Make sure smaller roads don't get in an unsafe condition. 

34

Make contractors increase their workmanship!

46

You must continue to look after your roads by insisting that vegetation and trees/hedges are not overhanging roads.  This must be policed more prudently.  This vegetation is damaging the roads by forcing traffic out into the middle of roads, especially gravel roads.  The shading of these areas in winter, needs to be corrected.  Efficient grading of roads back to the water table is extremely important, where this has been done it has made a huge difference on the gravel roads.

48

Don't know the right answer.  Safety is the main issue.  Roads travelled on by school buses for example need to be maintained to a certain safe standard regardless of where they fall.

58

Spend on Roads:  You suggest a smaller spend on roads that are used less.  When and how did you gauge what roads are used less?  I am aware that our small no-exit gravel road did have a count device on it several years ago. 

Since that time three "family" farms have been sold to Landlord and Mount Linton and the traffic on the road has increased dramatically.  The traffic is now younger people in four wheel drive vehicles who seem to have no fear of blind corners or any respect for the rapid deterioration of the road.  The maintenance of the road has reduced severely over the 26 years we have lived on it and now seems to only be looked at when I notify it as needing attention.  This is not good enough and certainly cannot be further reduced.

60

I believe it is important that tourists are able to safely travel on our main routes in the Southland District and also well maintained roads will I believe encourage tourist traffic.

62

Some road repairs appear to be done several times before a fix is completed.  Surely it is possible to cut wastage in this area and pay contractors on a completion of a quality job rather than repeating the process.

63

Work still needs to be done on the 80 % to stop them from deteriorating to a state where a lot of money has to be spent to bring them up to standard.

71

Our roading network is our lifeblood. 

 

Council needs to keep them to the best standard possible with the money available. 

 

Without the State Highways in our area the position would be well nigh impossible.  Are there any other roads in our area that could be made a State Highway?

79

The road needs to be tar sealed to prevent people getting caught in the loose gravel and having accidents.

81

The 80/20 would have some merit

84

The island roads don't have a lot of traffic, but safety of locals and visitors is still a priority

86

For the full commentary see Submission No. 86 in the submissions booklet

Moving to an 80/20 principle should just be the start of a change in process.  Southland District Council needs to generate detailed real data on the current life of its road network.  This data alone should drive the funding of road maintenance and stop unnecessary costly road repair as we see at present.

89

I do not support either option.  Council needs to adopt an approach to roading that reflects what is actually happening on the ground.  I have previously submitted that Council needs to implement an inspection process and then implement repairs only if necessary rather than having a rolling repair type of model.  A model needs to be adopted to reflect the real use of roads in Southland.  Tourism is a major user, but very little of the cost of roading appears to be picked up by this industry - this is not fair on the general population in Southland.  Lifestyle property owners keep being picked on to cover more of the cost of roading.  Our usage of the roads does  not warrant us being penalised to the extent that council would like to see.  A fairer means of covering the roading costs needs to be adopted.

90

Catlins Coast Inc.  Recommends that roading funds are distributed according to use, anticipating the projected growth in the tourism industry, logging and community use for example safe roading for rural schools. 

95

Without seeing which roads are going to be in the 20/80% I cant comment either way.

 

What I want to see it heavy vehicle access removed completely from small gravel roads where there is another larger, sealed option in the vicinity.  This is the case with our own Cowie Rd (outside of Balfour). 
This used to be nothing more than a narrow farm track back in the day, now with GPS in most trucks it is used as a short cut through from
Orr Rd (which is sealed) to Glenure Rd.  Cowie Rd is not built for heavy traffic and has seriously hazardous soft patches (likened to wet sand) which make it unsafe for drivers when hit at speed (we get speeding cars and heavy vehicles down the road often because it is a nice straight road).I also want the council to apply more pressure on central govt regarding Southland' s share of road user tax. 

 

If we are not getting our fair share then we need to make a song and dance about it.  If we are then we need to stump up as a community and pay.  The roads are the lifeline for rural Southlanders.

98

For the full commentary see Submission No. 98 in the submissions booklet.

 

Roading Options - I support the status quo (Option 2) which is just adequate, and refer to my cross-submission where I note Government decisions allowing heavier vehicles to use the present roading system have to be accompanied by extra funding for road and bridge strengthening and maintenance.

100

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 100 in the submissions booklet.

 

The rural roading network is critical to the success of Fonterra.  Our farmers rely on rural roads for the delivery of goods and services and strong local community.  For the milk our farmers produce, rural roads provide the critical first leg in a journey that will often end on the other side of the world.  It is also important that these roads are as safe as they can be for our farmers, employees and the wider community.  The options proposed by the Council will see a shift in spending from roads that have lower volumes of traffic to those with higher traffic volumes, while also attributing a higher proportion of the costs of road maintenance to the dairy sector.  In some situations this will result in our farmers paying additional costs for a reduced level of service.  However, we appreciate the position that the Council is in due to the reduction in NZTA funding and the increasing pressures being placed on the districts roads. 
We acknowledge the Council for taking a pro-active approach to management of the districts roads and the positive relationship that exists between the Council and Fonterra on these issues.  We are therefore confident that the changes proposed will not have a significant impact on our farmers or transport operations.  We request that:  The Council proceed with the proposed options set out on pages 11 and 13 of the consultation document. 

The Council continue to work collaboratively with Fonterra to assist in the safe and efficient management of the road network, while also ensuring that future investments are well targeted.

107

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 107 in the submissions booklet.

 

Federated Farmers supports a ‘whole of network’ approach to the maintenance of Southland’s roads which enables a realistic and minimum standard of roading.

 

We note that farmers contribute high amounts of money to roading through road user charges, fuel taxes, registration, licensing, and rates (currently approximately 70% of the roading rate burden).  To a large extent, these factors guide rural road users’ expectations on roading levels of service in their areas.

 

We believe Council needs to engage with impacted members directly to discuss the implications of the new roading maintenance regime and we support our members’ individual submissions on the level of service delivery needed for their local roads.

 

1.  ROADING SERVICE LEVELS

 

1.1 - Roading is vital to the Southland economy, given our reliance on primary production and associated processing and distributing. 

 

1.2 - We acknowledge the increasing cost pressures Council is facing to maintain the roads in Southland, as a result of a reducing funding assistance rate from the NZTA, and the significant expenditure required for Southland roading. 

 

1.3 - Federated Farmers (Southland) is concerned about the impact that changes to the NZTA financial assistance rate will have for Southland’s councils, ratepayers, road users, economic productivity, and communities.  Federated Farmers of New Zealand has submitted to both phases of the NZTA’s review of the funding assistance rate outlining our concerns with the impacts that the FAR allocation regime will have on rural councils and communities. 

 

1.4 - Southland District is driven by primary land use which relies heavily on the roading network.  We consider that Southland’s transport infrastructure and services (across the entire roading network) play a pivotal role in the regions’ quality of life and prosperity, and that this needs to be recognised and provided for within the draft 10 Year Plan. 

 

 

 

 

 

1.5 - Federated Farmers (Southland) is concerned about the Council’s proposal to prioritise 20% of the roading network and spend less on the other 80%.  We consider that since the council’s roading roadshows last year, consultation has been lacking.  This is a serious concern, particularly as ratepayers were promised focus groups to continue community discussions on roading issues. 

 

We support our members’ submissions on proposed local and district projects.

 

1.6 - We anticipate that most farmers will live on the 80% of roads that will receive less funding for maintenance.  Yet farmers carry most of the roading rate burden in the district. 

 

This year it is proposed that they pay for 71% of the total roading rates, despite only making up 25% of the District’s total rateable units. 

 

1.7 - Farmers also pay their share to central government’s roading revenue through road user charges, fuel taxes, registration and licensing.  To a large extent, these factors guide rural road users’ expectations on roading levels of service in their areas. 

 

1.8 - We are not advocating that rural roads should offer the same level of service as key arterial routes.  However, we do seek to ensure that the 10 Year Plan recognises the tremendous economic value of rural roads, that there is an awareness of the contributions farmers make to roading costs and that farming makes to the economic wellbeing of the community. 

 

1.9 - Southland District Council’s roading service levels should recognise that roading, particularly the local roading network, is important not only for Southland’s urban and rural-based businesses, but also from a social perspective.  It connects neighbours and communities, and links isolated rural communities to education, social and emergency services and other basic needs.  This underlines road user’s expectations for a minimum acceptable level of roading service.  Given these factors our members expect that all Southland roads should be maintained to a minimum guaranteed level and this should guide Southland District Council’s roading maintenance regime.

 

1.10 - Council is signalling there will be significant reductions in levels of service for many rural road users.  The impacts of these changes will differ significantly between communities and between ratepayers, and there is a requirement for Council to front up directly to rural ratepayers and explain what is happening, why it is happening, and what these changes mean.

 

 

 

 

 

1.11 -  This is not a role rural representatives like Federated Farmers can fulfil for the Council.  Council should have been undertaking these discussions with affected communities over the past two years, when it was already clear there would have to be material changes to the rural roading maintenance regime.  We support our members’ submissions on the level of road servicing they consider appropriate in their areas, and we underline the way the farmer’s contributions (both through rates and through central government’s road use derived revenue) underpin an expectation for a reasonable level of service for roading.

 

Recommendations

1.12 - Federated Farmers supports a ‘whole of network’ approach to the maintenance of Southland’s roads which enables a realistic and minimum standard of roading.

 

1.13 - We note that farmers contribute high amounts of money to roading through road user charges, fuel taxes, registration, licensing, and rates (currently approximately 70% of the roading rate burden).  To a large extent, these factors guide rural road users’ expectations on roading levels of service in their areas.

 

1.14 - We believe Council needs to engage with impacted members directly to discuss the implications of the new roading maintenance regime and we support our members’ individual submissions on the level of service delivery needed for their local roads.

109

We, the Southland District Youth Council would like to indicate our support of the proposed plans for maintaining and funding Southland District’s roading network in Council’s 10 Year Plan 2015 - 2025.

 

We believe maintaining and funding the District’s roads is the biggest issue Council will face in the next 10 years. 

As teenagers living in rural areas, we frequently travel long distances to get to school, to participate in sports and other extracurricular activities, and for social purposes.  It is important that Council continues to maintain its roads to the best possible standards that we can afford, to ensure our ability to participate fully in our communities does not decrease. 

 

It is crucial that Council continues to maintain its roading network to the best possible standards, to ensure the continued safety of residents. 
We support Council’s proposal to shift to an 80-20 funding model, which would see funding prioritised based on usage levels.  We believe it is crucial that the maintenance of gravel roads also remains at current levels.

116

Maintaining our roads

The NZAA Council support the proposed option of moving to an 80-20 principle but have the following comments to make regarding the principle:

 

-      Given the emphasis on 20% of the roading network where the majority of resources will be applied, there still needs to be some flexibility to address and identify other roading infrastructure that requires immediate attention due to safety concerns.

 

-      With the emphasis on 20% of the roading network, should there be driver education to redirect drivers along their journey to use those roads as opposed to the secondary roads.

 

-      Consultation and information gathering should be an ongoing requirement to ensure that the roads that are having the greater expenditure on them are actually being used and if not, this may identify a need to reclassify roads and re-direct funding to where it was needed.

119

Continue to lobby government for a more equitable share of funding. 

 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

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Appendix 4:  Roading Rate Model

Record No:        R/15/4/6158

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       In 2014, Council reviewed its Roading Rate Model.  The review was intended to simplify the methodology, increase transparency and address some concerns expressed in previous submissions. 

2       A consultant, Anthony Byett, was contracted to review the existing Roading Rate Model, other models which had previously been proposed and viable alternatives. 

Consultation

3       As a result of this review, Council proposed a model based on a fixed charge of $1.20 per tonne.  Tonnage included in the model is primary output tonnage only. 

4       The proposal applies a 1.1 multiplier to the dairy and forestry sectors to reflect road use behaviours and un-quantified tonnage. 

5       A minimum tonnage threshold of 200,000 tonnes was applied where data was not readily available and figures across a three year rolling average were used.

6       As with previous years, tonnage data has been sought from Infometrics Ltd. 

Feedback and Submissions

7       A total of 43 submissions expressed a preference regarding Southland District Council’s Roading Rate Model.  The full submissions can be found in the submissions booklet.

8       A total of 25 submitters who commented on this issue expressed a preference for the proposed model - 16 submitters expressed a preference for the current model and two submitters preferred no differential rate for heavy vehicles. 

Description: bl


 

9       Submitters opposing a heavy vehicle differential stated that heavy vehicles are the lifeblood of the Southland District and as such the cost of roads should be distributed among all ratepayers as a uniform charge.  Of particular note were the economic effects of success in the dairy industry.  One submitter noted the flow-on effects to all other industries and livelihoods within the district. 

10     Some submitters commented on the overall allocation of tonnage.  Comments included:  

•           Consideration should be given to whether tonnage should be allocated by those producing the output or moving the output (eg, whether the costs should fall to dairy farmers or to the industrial sector which purchases it for processing);

·              Dairy and forestry must be adequately charged to reflect trip frequency and heavy loading;

·              Tonnage in the dairy sector should include a consideration of baleage and silage and dairy grazing should be included.  The submitter noted that this has significant impacts on roads during winter months. 

·              Tonnage in the industrial and commercial sectors needs to be increased to reflect movements including tourist movements and palm kernel extract (PKE). 

·              There should no difference calculated between the demand placed by residential and lifestyle sectors as many lifestyle blocks have the same number of residents as properties categorised as being in the residential sector.

·              A separate sector for tourism should be created.

11     One submitter also suggested that rental properties should be assessed differently to the residential sector because of their income generating capacity. 

12     Federated Farmers has submitted in support of an alternative model.  This model is the PriceWaterhouseCoopers model revised by GHD (hereinafter referred to the GHD model).  This model is not currently used in practice by a territorial authority in New Zealand.

13     Although Federated Farmers has expressed the GHD model as its first preference for road rating, it also provided some comments on how the current or proposed models could be amended. 

14     Federated Farmers contend that the commercial sector is not contributing enough towards the costs of maintaining the roading network based on actual use.  It also requested the inclusion of an independent tourism sector. 

15     The Federated Farmers submission opposes the decrease in overall Uniform Targeted Rate (UTR) in the proposed model.  Recommending that it is increased to 20% to reflect the overall benefit of access to the roading network. 

16     Federated Farmers oppose the fixed charge per tonne being set at $1.20, noting a previous iteration of the Byett model working with a fixed charge of $1.00.

17     Federated Farmers also opposes the use of a minimum tonnage threshold, rather than the use of actual tonnage data for the commercial and industrial sectors.  The submission suggests that tonnage for the commercial and industrial sectors is significantly underestimated. 

18     The Federated Farmers submission opposes the application of the 1.1 multiplier for dairy to account for un-quantified tonnage.  There are two key reasons for this objection.  The first is because the model counts only primary output for all other sectors and Federated Farmers do not see this as justified.  The second is because Federated Farmers see the ‘inputs’ such as feed and grain as the outputs of another sector (eg Farming Non-Dairy). 

Options

19     Council released the following options for consultation:

•        Option 1:  The proposed model based on a fixed charge per tonne;

•        Option 2:  Council’s current model (status quo);

•        Option 3:  No heavy vehicle differential applied.

 

Option 1:  Proposed model

Impact on rates:

·           Similar to the outcomes of the current model. 

·           Slight drop in forestry, farming non-dairy, mining and industrial. 

·           Increase in the dairy, residential and lifestyle sectors.

Advantages:

·           Easier to understand, simplified methodologies.

·           Data is more objective with fewer assumptions.

·           ‘Other use’ components allows Council to weight assessments.

·           Tonnage assessed independently rather than proportionally.

Disadvantages:

·           Does not address all concerns raised historically by submitters (eg, separation of tourism sector).  However the model does address most concerns.

 

Option 2:  Current Model

Impact on rates:

·           Once the current model is adjusted by Council, the majority of rates are paid by the dairy and farming (non-dairy) sectors.  The forestry sector pays around 6% of the total roading rate.

Advantages:

·           Provides flexibility for Council.

·           Major stakeholders are familiar with the model.

Disadvantages:

·           Contains assumptions to reflect tonnage input.

·           Complexity.

 

Option 3: No heavy vehicle differential

Impact on rates:

·           Rates are only based on capital value.

·           A larger proportion would be paid by residential, lifestyle and farming (non-dairy).

·           Forestry, mining, dairy, commercial and industrial sectors would pay a much lower rate.

Advantages:

·           Simplifies the rating system.

Disadvantages:

·           Does not reflect the impact of heavy vehicles on the road. 

·           Other users pay for damage done by heavy vehicles.

20     The table below provides a summary of the methodology used in the current and proposed models.

Component

Current model

Proposed model

Fixed charge reflecting the benefit that everyone receives from access to the roading network

 

10% of the total roading revenue required by Council.

Approx. 6.8% of the total roading revenue required by Council.  This reflects 10% of the amount required after the Council has calculated the heavy vehicle differential.   The adjustment to the fixed charge component considers affordability and Section 101(3)(b) of the Local Government Act (2002) by giving regard to the overall impact of any allocation of liability for revenue needs on the community.

Differential for heavy vehicle usage reflecting the demand that different users place on our roads

1.   Determines a share of roading costs created by heavy vehicles.

2.   Estimates tonnage for each land use sector.

3.   Shares the cost among land use sectors as a percentage.

1.   Determines a fixed charge per tonne.

2.   Estimates tonnage for each land use sector.

3.   Multiplies tonnage by the fixed charge.

Rate charged according to property value for general roading costs (eg signage)

Allocates remaining amount among all ratepayers based on the capital value of the sector.

Allocates remaining amount among all ratepayers based on a consistent rate in the dollar for all sectors. The rate in the dollar is obtained using the total capital value of all applicable rating units.

21     Option 3 (where no differential applied for heavy vehicles is applied) was modelled by:

•           Step 1:  Fixed charge - 10% of total revenue was allocated to a fixed charge.  This was then divided by the number of rating units to give a charge of $87.61 per rating unit.  This charge was multiplied by the number of units in each sector. 

•           Step 2:  Component based on Capital Value - The remaining 90% of the total revenue required was multiplied by the percentage share of capital value represented by each sector.

22     The outcomes of the three proposed options are summarised in the table below:

 

Discussion

Cost per tonne

23     The Cost Allocation Model (CAM) is a mechanism designed to share the costs incurred under the National Land Transport Programme in a given year between vehicles of different types, according to the differences in the costs they generate for the road network.  Council’s Transport Department uses a similar system to determine how Council’s share of road funding will be split between activity type (Rehabilitation etc) of the roading programme.

24     Because the CAM reflects Council’s roading programme for the year, funding requirements are likely to fluctuate annually.  However, if Council moves to funding depreciation, requirements will remain relatively static.  Further stability is achieved by basing the heavy vehicle component off a three year rolling average of tonnage rather than the tonnage of the latest year. 

 

         Tonnage Data

25     The revised model has been based off primary output tonnage.  This means that ‘inputs’ for each sector such as silage, baleage and fertiliser is included in the initial tonnage assessment.  However, an ‘other use’ multiplier has been applied to the dairy sector in the proposed model to reflect un-quantified tonnage. 

26     Primary output tonnage is an objective and reliable measure with few assumptions required.  Data for primary output is also readily available for public scrutiny and more frequently updated. 

27     Tonnage data has been sourced from Infometrics Ltd, consistent with the data used in the Annual Plan 2014/2015.  This ensures that the model uses the most current data available at the time of update and that methodology used for any modelling required is developed by a recognised industry service provider.  This increases transparency in the model by limiting the need for Council officers to apply assumptions to data. 

28     Several submissions raise the issue of creating a separate sector for tourism.  Rating units involved in tourism are difficult to quantify because of the diverse nature of the sector and the limitations of QV rating categories.  For example, some properties may operate as bed and breakfasts although their predominant land use is classified differently (eg farming
non-dairy or residential). 

29     Inclusion of commercial food providers in the tourism sector would also need to be considered because these rating units service both locals and visitors.  Similarly, a number of other commercial premises would provide services to both groups. 

30     A significant amount of tourist traffic comes from outside of the Southland region, for example tourists traveling to Southland from Otago.  It would be difficult to ensure that the rating units creating this demand were in the Southland District (eg, vehicle hire premises which are likely to be predominantly in Queenstown). 

31     Tourism data is difficult to assess because of the diversity of the sector, buses, campervans, supplies for commercial accommodation and food premises.  Since this tonnage is captured elsewhere (predominantly in the commercial sector) it is not assessed that there would be significant value in adding a tourism category.  Adding a separate sector for tourism would significantly increase the number of assumptions required within the proposed model. 

Manual Adjustments or ‘Other Use’ Factor

32     Under the current model, Council achieves an equitable outcome by making manual adjustments to model outputs.  This is because the total cost must be apportioned among the sectors with each sector paying a share of cost.  As such, a decrease in the cost share of one sector must correspond with an increase in another. 

33     Within the proposed model, there is an adjustment mechanism to increase the amount paid by sectors perceived to be placing higher demands on the roading network.  This has been applied as a 1.1 multiplier to the dairy and forestry sectors. 

34     Under the current model, manual adjustments are made to the forestry sector’s final share of costs.  The rationale for this adjustment has been to better reflect the demand the sector places on roads because of its concentrated usage and the location of most plantation forests in the roading network. 

35     This adjustment has been disputed by submissions from the dairy and forestry sector however; research conducted by other territorial authorities supports the rationale behind this adjustment.  These authorities include Ruapehu District Council, Waikato District Council, Gisborne District Council and Waipa District Council[1].

36     In the proposal, an ‘other use’ factor has also been applied to the dairy industry.  Infometrics estimates that around 3.8% additional tonnage is moved by the dairy sector in the form of weight moved on gypsy day, weight moved for winter feeding and horticulture and grain freight tonnes (a primary output of 1,953,351 tonnes and total weight of 2,027,870 tonnes including input tonnage).  Input tonnage calculated by Infometrics does not include an assessment of silage and baleage, which has been an issue highlighted in historical submissions. 

Other Models

37     The initial PWC/MWH model was based off the CAM model, including use of vehicle statistics and cost allocation from the national model.  The model followed an established practice but requires a large amount of local data that is unavailable (without large cost and the application of a significant amount of assumptions). 

38     Anthony Byett undertook a comparison of models as the first phase of his review of the roading rate model.  In comparing the models, Mr Byett commented that:

•         The PWC/MWH and the later GHD amendment included a distance travelled component within the sector allocation.  However, this was fixed at two assumed levels (25 km for dairy, forestry, other pastoral and 5 km for the rest).  The latter assumption appeared to have little empirical support.

•         In the PWC/MWH and the later GHD amendment, many trips were omitted (since assumptions were based on a 1982 national report).

•         The GHD amendment improved the initial PWC/MWH model by refining the estimates of trip characteristics per sector.  However, this made the model more complicated and data-demanding.  It also substantially reduced the local road multiplier effect.

Analysis

         Legal and Statutory Considerations

39     Under the Local Government (Rating) Act (2002), Council has considerable discretion in determining how it might rate for the roading activity.  

40     In its submission, Federated Farmers (Southland) stated that it considers “that roading costs should be based on a ‘user pays’ system, ie, those who use the road should meet the costs in line with that use”.  The submission expresses concern that the “Morrison Low model is not an accurate capture of road use”. 

41     Section 2.8 of the submission from Federated Farmers refers to a report prepared by Kinnaird Consulting in 2009 (the Kinnaird Report).  The current relevance of the Kinnaird Report is questionable given its age, the fact it does not review the current model and the lack of direct engagement between Kinnaird Consulting and Council. 

42     Kinnaird repeatedly states that Council has not stated its intention in developing a roading rate model.  To our knowledge, no request was made for Council to provide this information prior to the drafting of this report.  As such, the report states that the review is not based on an understanding of the purpose of the model. 

43     Kinnaird suggests three possible purposes for establishing a differential roading rate:

i.       To relate road use related expenditure to the land uses that generate the road use;

ii.       To reflect relative benefit received from the road network by the various land use categories; or

iii.      To be just a method to divide the district share of roading costs between land uses (Kinnaird, 2009, p. 16).

44     In this respect, Kinnaird’s report oversimplifies the principles of local government funding.  Section 101(3) of the Local Government Act (2002) states:

 

The funding needs of the local authority must be met from those sources that the local authority determines to be appropriate, following consideration of,—

(a)        in relation to each activity to be funded,—

(i)         the community outcomes to which the activity primarily contributes; and

(ii)        the distribution of benefits between the community as a whole, any identifiable part of the community, and individuals; and

(iii)       the period in or over which those benefits are expected to occur; and

(iv)       the extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity; and

(v)        the costs and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities; and

(b)        the overall impact of any allocation of liability for revenue needs on the community.


 

45     The Act requires local authorities to balance the five different factors in Section 101(3), a concept which has been tested in the North Shore City Council v Neil Construction case.  In this case, the High Court determined that local authorities are required to give equal consideration to each of the five factors.  In respect of Section 101(3), the High Court referred to it as a “critical filter” stating that “factors are clearly stated to be cumulative, not alternatives or options for consideration and determination by a council”. 

46     Further, while “Section 101(3) does not direct councils to any particular outcome, all the critical factors in Section 101(3) must be weighed and factored in, in respect of “each activity”. 

47     Option 1 (the proposed model) integrates the five considerations in Section 101(3).  The proposed model responds to the principle inherent in Section 101(3)(a)(iv) by using tonnage as a proxy for demand on the roading network.  In respect of Section 101(3)(a)(ii), the proposed model does not directly determine the quantum to be funded to recognise benefits.  However, it does this by allocating the remaining costs between the fixed charge and capital value component. 

Equity and Affordability

48     The proposed Roading Rate Model (Option 1) has significant advantages in terms of increasing the simplicity and transparency of the Roading Rate Model. 

49     By using primary output data, the model also reduces the need for staff and Infometrics to apply assumptions.  

50     The revised model is also more equitable as there is no longer a direct, proportional link to a decrease in one sector resulting in an increase in another or others. 

51     Including a 20% flat UTR (as suggested in point 2.12 of the Federated Farmers’ submission), would impact most heavily on lower value property owners including residential ratepayers.  This would be particularly significant for those on fixed incomes.  If rates became unaffordable for these ratepayers, it is possible that Council would need to consider additional remissions which would mean that this money would not be available to the roading budget.  For this reason, Council has sought to maintain the UTR at a level which is affordable for all ratepayers. 

         Funding and Financial Considerations

52     All models will collect the same total roading rate.  The difference will be the way that these are shared among ratepayers.  The Roading Rate Model deals with how Council collects revenue to fund roading.  It does not influence how revenue will be spent in this activity and will not influence levels of service. 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 4:  Roading Rate Model” dated 13 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Agrees to rate for roading using the fixed charge per tonne model (Option 1). 


 

Excerpts from Public Submissions on Funding our Roads

 

Submission Number

Comment

18

Seems fairest.

19

Seems fair. 

20

As long as the Council feel they can maintain roads to a safe standard.

22

Dairy/Forestry cause the most damage due to frequency of trips.

24

NZTA should have to pay more.

25

Current model.  Any model that keeps the rates at the current level. 

48

Or Option 2.

It is important to also take into account number of trips.  Dairy and Forestry potentially have more trips on the road per tonne produced than other industries therefore creating more wear.

58

When you list dairy farming being rated slightly more for roads, does this include doing those dairy grazing as the truck movements and tractor movements associated with this change in farming practice is having a major impact on our road over the winter months.  Some are also storing baleage on roadsides and digging up the road as they pick up baleage each day.

62

Heavy vehicles are the lifeblood of the province and therefore all ratepayers should shoulder this burden equally on their properties with a uniform charge.

 

All ratepayers benefit from activity and opportunity created by business whether heavy or light industry and it is therefore unequitable nor reasonable to try to split out where the benefits or costs lie in regard to different industry types.

68

Last year I put in a submission on the unfair roading rates.  The proposed model is very fair and is putting the cost on those who use it the most. 

69

Roading rates should be spread over all ratepayers as a larger number of Southland people are now living off the back of dairying. 

 

In our area it ranges from other farmers who are grazing dairy stock, growing grain, growing grass, winter feed, leasing land, all living off the dairy industry.

 

A number of farming families involved in dairy support get most of their income from dairying support yet pay nothing extra for roading, their reliance on the dairy trucks is in effect the same as the dairy farmer, so we should all be treated the same when proportioning roading costs. 

 

As an example I know one District Councillor and his family get most of their income from dairy but don't share the cost. 

 

Our local shops, stores and service industries have all increased their staff numbers because of the dairy industry. 

 

 

In Riversdale the Vet Club, the local electrician, the local contracting business and many others have increased their staff numbers to cater for dairying, all relying on the dairy trucks but again they don't share the costs. 

 

If you look at a bigger place like Gore very few people there don't benefit in some way from dairying.  From lawyers, accountants, vehicle sales, machinery sales, builders and many companies who are directly involved with servicing the dairy industry with stock food, stock health and dairy shed maintenance, the list goes on even the people that drive the dairy tankers, they all benefit but are not part of the costs. 

 

Dairy farmers are already paying more in rates due to their farms being valued high (which has no bearing on the landowner's ability to pay).  So by being rated higher on their land then singled out to pay higher roading rates, it means the Council is in fact double dipping. 

 

It is a bit like the chicken lickin' story - no-one wants to help but all are happy to share in the spoils at the end. 

 

Nobody wants to pay more but with so many people across our province now dependent and benefitting from dairying we should all share the roading costs. 

71

Choices - "our proposed option" is my choice.

Over 70% of the rates are collected from the farming sector.  Not many farmers have the time and resources to check what is a fair proportion of the rates allocated to the farming sector.  However Federated Farmers has the resources and skills to do this.  I hope the Council works with Federated Farmers when altering the table of rates struck.

81

Our knowledge of the proposed new model is somewhat limited.  We appreciate the time Council officers have taken to help us get an understanding of it and also how new District Plan rules will affect our sector.  We were expecting some workshops or other consultation regarding the new model and with a limited understanding of it, we find it somewhat difficult to recommend it over other methods. 

 

If the new model is adopted it is important that a genuine effort is made to include all freight tonnages.  It is explained that any tonnages left out are accounted for in the capital rating distribution.  It is important that all freight is charged to the appropriate sector. 

 

It is appreciated Council are trying to remove variation and the effects of unaccounted freight movements but things such as PKE are easily accounted for through the National Freight demands study and should be accounted for.  Because PKE is well over 100,000 tonnes it is significant and the $1.20 per tonne should land in the correct sector.  Other costs that may fall in the Dairy sector should not be overlooked on the basis of a low forecast dairy payout.  Dairy farmers are in the same economy as foresters.  Today’s forest products prices are the same or less than they were 20 years ago.  Council has had no qualms about charging forestry extra amounts that are not entirely justified.  The models don’t dictate the use of them but they are always charged to forestry.  Only now is some extra targeted towards dairy.  The National Exotic Forest description (MPI) is used to calculate forestry tonnes.  It is extremely accurate and adjusted regularly.  Because of this Forestry tonnes are fully accounted for and there is no need for the 1.1 ‘other use factor’ adjustment.  Having said that Council needs to be aware that the use of this, and previous adjustments in the ML model have provided well for a certain amount of other use factors.

 

From the Consultation document - * Using $1.20 as the fixed rate per tonne.  Including an 'other use factor' of 1.1 for the Forestry and Dairy sectors.  The other use factor for Forestry reflects the nature and extent of network usage.  This includes the intensive use across peak periods which accelerates damage to roads and the location of most forestry plantations at the end of the roading network.  The 'other use' factor applied to the Dairy sector reflects unquantified inputs such as weight moved on gypsy day, fertiliser and grains and feed. 

 

We are not in favour of increased use of charges to fund roads.  Previous and proposed roading models include the charges to fund roads.  Council works hard to maintain roads with ever diminishing funds and escalating costs.  We really would like to see Council do something to stop damage to roads.  Council have tried some things but must do something different in order to reduce costs due to damage.  We believe the current Southland District Council Roading Bylaw has some useful tools within it and we will be following up with NZTA regarding an earlier enquiry with them.  We have provided an email from an NZTA officer and I include part of it here

 

 

 

 

Dear Alistair

 

I refer to your email to our “Info” address dated 23 May 2014 regarding the way the Southland District Council recovers costs from ratepayers for roads, and possible alternative mechanisms to manage the roading network.

 

On your first question, none of the mechanisms you cite are explicitly unavailable to the Southland District Council in managing its roading network given the right circumstances.  However, we suspect that the Council has made a choice about how those mechanisms might be used, or in the circumstances, has chosen not to use them.  The merits or otherwise of that decision are a matter that you should continue to take up directly with the Council.

 

On the Officer’s recommendation we will also be following up with Council. 

82

Heavy vehicles cause greater damage to roading than cars.  Heavy vehicle owners derive income from road usage, whereas car drivers do not.  Residential and small lifestyle property owners should not have to pay for damage caused by heavy vehicles.

86

My answer here is "Other" not "No preferred option".  See the paper submission form.

 

For the full commentary see Submission No.  86 in the submissions booklet.

 

This is a very difficult issue.  There are flaws in all models, and both the current and proposed models are very flawed. 

 

For example:

·                     Council admits that the "Tourism" industry is not captured in the model.  This is a very major player in the Southland economy and any model has to capture this industry.  Failure to do so leads to other groups subsidising tourism operators.

·                     Residential and Lifestyle properties seem to generate different road loads.  I am struggling to see why this is.  In our case two people live on a lifestyle block and I cannot see how this generates more road use than if we lived on a smaller section.

·                     Family homes and properties used to generate income are not treated differently.

 

All of this highlights that using a property based model for local taxation does not work very well.  Your own commentary assumes that properties are grouped in industries.  Industries can pass rates on to customers, but residents cannot as their incomes are mainly driven by their employment, not by their business.

 

The whole roading model needs a complete rethink, so that all true industries including tourism and property rental businesses make a fairer contribution.

89

I do not support any of these options - see my comments above.  The tourism industry needs to pick up the fair share of the costs of roading, including rental properties.

90

Catlins Coast Inc.  supports a user pay model. 

95

By far and away the damage done to our road is heavy vehicles.  I suspect that this is also the case across the entire Southland roading network.

98

For the full commentary see Submission No.  98 in the submissions booklet.

 

What is the impact of heavy vehicles on roads?

 

Tonnage can still be assessed independently.

 

Do not support third component and would rather increase the uniform charge to cover a fair proportion of any remaining costs.  Would support Council initiatives nation-wide to seek further funding for improved roading from Government coffers via the income from Tourism
(a tourist levy - see Stewart Island).

99

See attached submission.

100

See attached submission.

107

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No.  107 in the submissions booklet.  Federated Farmers (Southland) opposes Council’s use of the Morrison Low model to allocate costs.  We ask that Council use the more accurate GHD amended PWC/MWH model.

120

These figures certainly illustrate the proportion of rates paid by dairy and non-dairy farming.  Most of the population benefit from this expenditure including business, tourism and visitors to area, while also benefitting from produce carried on these roads.  Government 'population' based funding for major roading does not make sense!!!!  Just a comment. 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 5:  Sealing the Catlins Road

Record No:        R/15/4/6293

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       The tourist route along the Catlins Road from Nugget Point through Curio Bay and along the alternative Coastal Route is gravel and has a high number of crashes, particularly amongst tourists.  Over the past five years there have been 47 crashes recorded (4 serious injury, 10 minor injury, 33 non-injury crashes) and it is likely that there have been additional crashes which have not been reported.

2       The Council has not undertaken any seal extensions for several years and has been very clear in saying it will not do any unless it receives a subsidy from the NZTA.

3       The Regional Land Transport Committee has now agreed to place this project in the Priority Band 1 (highest priority) for funding the seal extension and safety improvements to provide visitors with a safe, consistent experience for this tourist route.  Hence, it is very likely to attract NZTA funding.

4       At the moment, the subsidy is for 54% of the cost of the work, but the Council is working hard to get the subsidy increased. The Council’s share of the cost is currently $1.87 million.

Consultation

5       The Council consulted on a proposal to seal the unsealed portion of the Alternative Coastal Route.

6       The Council’s proposal was based on a budget which funds the project at 54% of the cost of the work in year one and 53% in year two by NZTA.  Under the Council’s proposal, the local share would be funded via a loan over 20 years.

Feedback and submissions

7       A total of 66 submissions expressed a preference on sealing the Catlins Road.  The full submissions can be found in the submissions booklet.

8       A total of 54 submitters supported the proposal to seal the Catlins Road; 12 submitters did not support sealing the road (Option 2). 

Description: bl

9       Submissions noted the following:

·                      Sealing the Catlins Road would support economic productivity and growth by enabling visitor journeys.  The road would be a significant asset for the Southland District

·                      The local benefits of Option 1, including use of this route by local school buses

·                      Tourist driving behaviour, suggesting that driver education is required regarding local driving rules and conditions

·                      The social cost of crashes and their flow on economic effects.

10     One submission provided support on the basis that only 10-15% would be funded by ratepayers and another stressed the importance of sealing other areas of road in the Clutha District.

Options

11     The Council released the following options for consultation:

Option 1:  Seal the Catlins Road;

Option 2:  Do not seal the Catlins Road.


 

Option 1: Seal the Catlins Road

Impact on Rates:

·      As Council starts repayment the year following the project completion, the impact is an increase in total rates of $81,000 in 2016/2017 and about $165,000 a year for each year thereafter.  This would mean an average increase of $5.23 per rating unit in 2016/2017 and $10.66 per rating unit after that.

Advantages:

·      The seal extension will provide a safer road and encourage economic growth by making key tourist attractions more accessible.

·      This project may contribute to economic growth and vibrant communities in the Catlins area.

·      The Council is likely to be able to take advantage of a higher subsidy from the NZTA.

Disadvantages:

·      Some cost to ratepayers.

·      This area of sealed roads will require ongoing maintenance in the future.

 

Option 2: Do not seal the Catlins Road

Impact on Rates:

·      If there is no loan for the sealing of this road, there will be no impact on rates as a result of this project.

Advantages:

·      Lower cost to ratepayers for capital works and ongoing maintenance and renewals.

Disadvantages:

·      Does not attempt to mitigate the road safety risk in this area.

·      Does not take advantage of the likelihood of an additional subsidy from NZTA.

·      Does not encourage tourism and economic growth in the Catlins area. 

Discussion and Analysis

12     Generally, the Council has decided not to undertaken additional road sealing activities because of the ongoing future maintenance costs and constrained budget.  However, this is an extraordinary situation where NZTA is recognising safety issues and the high tourist volumes placing demand on this infrastructure.  Sealing the Catlins Road would not signify that Council is changing its overall position on road sealing.

13     The Council has proposed to seal the Catlins Road (Option 1) to increase road safety and encourage economic growth and tourism in the Catlins.  By taking the opportunity to receive additional NZTA funding, this proposal is timely and offers significant benefits to ratepayers at relatively minimal cost.  Public submissions indicate strong support for the proposal.

14     The Council has considered the cost of the proposed project and its benefits and assessed that it would be a prudent use of resources.

15     The proposed option to seal the Catlins Road has been made because of the high likelihood of additional NZTA funding for this project.  This increases the equity and affordability as the cost is shared more fairly between local and central government and there is a lower burden on Southland District ratepayers to fund capital works.

16     Option 1 offers increased road safety for residents of the Southland District and visitors at a cost which is affordable to ratepayers.  If this project is undertaken, the average increase of $5.23 per rating unity in 2016/17 and $10.66 beyond this point has been assessed as an affordable funding option. 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 5:  Sealing the Catlins Road” dated
12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Agrees to seal the Catlins Road (Option 1) and fund this activity as proposed in the Long Term Plan 2015-2025 consultation document.

 


 

Excerpts from Public Submissions on Sealing the Catlins Road

 

Submission Number

Comment

2

I strongly urge you to approve and prioritise sealing the extension of the alternative scenic route between Haldane and Curio Bay as part of the Southern Penguin Scenic Journey through the Catlins.

 

We have lived on the Haldane Curio Bay Road for the past six years and each year the number of road users increases rapidly.  Immediate intervention is required to keep both locals and visitors safe.

 

Sealing the road will:

1.     Reduce the social cost of crashes

2.     Support economic productivity and growth by enabling visitor journeys

3.     Provide a transport system that supports a choice of safe modes.

 

Each year we have visitors call at our house requiring assistance following crashes - fortunately to date there have been no significant injuries but we are very worried about the safety of our family and friends on the road.  Our children's school bus uses this road.

 

Almost every time we use the road during the tourist season we see an example of dangerous driving by tourists.  Most common is driving in the middle of the road (tourists seem to follow the tracks made by vehicle wheels).  In many cases their speed is too fast but in all cases having a vehicle in the middle of the road on blind corners and hills is terrifying.

 

I grew up in the UK and know from experience that overseas visitors do not know how to drive on New Zealand's unsealed roads.  It takes years of experience to do so safely.  Sealing the road would be safer as overseas visitors have experience driving on sealed surfaces.  Most important would be the marking of a centre line - tourists will know where the centre of the road is and that will address the majority of problems we see.  Tourists don't want to endanger themselves and will use their experience and common sense to stay safe.

 

A minority in our community object to sealing the road as they fear it will encourage drivers to go faster.  I believe that sealing the road will still be safer for my family but I would like to see the speed limit on the road lowered to 70 along the whole stretch.

 

In terms of providing tourists with a quality, safe travel experience, I believe sealing the road is very important.  The number of visitor cars on our road has been steadily increasing year on year.  The approval of the Curio Bay Heritage Centre will no doubt increase this.  The quality of the road surface is extremely poor year round. 

2

Corrugations in it make the journey unpleasant and hard on vehicles.  Grading the road causes as many issues as it solves - the surface reverts to corrugations within a day or two.  We always experience an increase in accidents or vehicles sliding across the road surface after grading.  It is like driving on marbles and tourists don't know how to deal with it.  A particular hazard is the large piles of gravel that accumulate at the sides of the roads after grading.  Hope very much that you will consider my views and approve the sealing of this important tourist route.

4

We definitely support the sealing of the road to the ‘penguins’ at the Nugget Point.

7

Most tourists do not have a clue how to drive on gravel roads.

8

Not sealing this road is not an option as this is a major tourist route.  The gravel road causes plenty of problems for the tourist unused to unsealed roads and plenty of callouts for both the local volunteer ambulance and fire brigade crews.  For us locals this road is frequently extremely dusty, very corrugated and featuring large potholes that are very hard to avoid.  The school buses also have to travel on this road carrying our children and grandchildren not without some anguish.  The standard of this road is totally unacceptable in this day and age to both the locals and the tourists.

9

To Whom It May Concern:

I write on behalf of South Catlins Promotions Inc to unreservedly offer our support for the upgrade and tarsealing of the Haldane - Curio Bay Road.

 

The upgrade of these roads will vastly improve the quality of life for the local residents and the community who live in these remote regions.  These people work hard supporting their families and running businesses.  These very high usage gravel roads just make it harder and more dangerous for them and their families. 

 

With the ever increasing tourist numbers visiting our amazing area to enjoy the views and wild life the accident rates have increased accordingly.  Many of our visitors have no experience of gravel roads.  The conditions of these road can deteriorate quickly due to the high usage, weather conditions or just the grader loosening up the surface turning it into a huge hazard.

 

In our remote areas these accidents cause stress, trauma and at times serious injury to the victims and place a huge burden on the decreasing number of emergency volunteers.  Our volunteers must take time away from their employment/ businesses to deal with incidents that can easily be avoided by the tarsealing of these roads.

 

The upgrading of these roads will increase the economic potential and accessibility to these areas and by allowing a wider range of traveller to visit as restrictions are in place on some rental vehicles regarding gravel road usage.

 

 

Again I would offer South Catlins Promotions full support for the tarsealing of the Curio Bay - Haldane Road.

18

The Catlins Road represents a huge tourist asset for Southland.

19

Got to keep the tourists happy on the Southern Scenic Route. 

22

Only if ratepayers have to fund no more than 10-15% of costs.

24

The sooner the better.  This section of the road really needs to be sealed.  This section of the Catlins Road puts a lot of pressure on our volunteer fire and ambulance services.  There have been some major and lots of minor accidents along the full length of this section of road.  It is putting a lot more work load on our volunteers.  I have been to accidents were there have been three fire appliances, one ambulance, one police unit and at times rescue helicopter.  This is a huge cost, all the major accidents involve tourists.

25

Final link of tarsealed roads. 

31

I think this is a good idea. 

32

The Otara Haldane and Haldane Curio Bay Roads in particular are frequently travelled road by Kapuka Heenan’s Transport and Waikawa Freight trucks servicing the local community with rural transport and freight requirements.

 

Because these roads are a busy tourist route, our drivers are and require to be extra vigilant when it comes to other motorists on this stretch of road, in particular international tourists.  From our drivers’ encounters, it appears many of the motorists have little to no driving experience on gravel roads and we have experienced numerous near misses.

 

My major concern with these roads is the potential safety risk to staff members and fellow motorists.  I strongly recommend for the councils to proceed with the proposal to fund the sealing of this tourist sensitive road.  I feel this would be beneficial to all; it will make it more user friendly to all drivers, in turn giving a better driving experience to international tourists and makes it a safer environment for all. 

35

This needs to be DONE!!  There is too much traffic on loose roads with big campervans – it’s terrifying to drive on the road. 

41

Put a toll gate on it

45

Getting this portion of road sealed is vital.  Over the winter season and early spring there are still numerous accidents that go unreported.  With tourists frequently turning up on our doorstep having had issues on this road.  Especially with our shorter days over the winter, tourists get caught out all the time.  There would be very few roads in the world where people travel that are still gravel, I can completely understand the difficulties tourists face driving on this surface, which must be completely unfamiliar to them.

50

We are in favour of this especially as it may cut down the accidents on this road.

52

For safety reasons and the increase in tourists. 

60

I believe it is important that tourists are able to safely travel on our main routes in the Southland District and also well maintained roads will I believe encourage tourist traffic.  The Southern Scenic Route is what brings tourists and NZers to our smaller towns and thus can increases money spent in these areas.

62

As ratepayers we pick up some of the burden of crashes and Southland needs to promote a good experience for tourists.  I would expect Otago to shoulder some of the cost as well.  Farmers in that area will be generating enough income to justify Southland ratepayers helping to develop the area.

63

The Catlins Road from Nugget Point to Curio Bay is not all gravel, only parts.  Our fire Brigade whole heartedly supports the sealing of the parts not sealed.  There is a lot of wasted man hours chasing needless callouts and the potential for a deadly fatality is extremely high.

 

The proposal to seal the Curio Bay - Haldane 13 km and Slope Point Road is well needed.  (Proposal could have been backed up numbers).  The Waipapa Point Road will have to be looked at for sealing within the 10 Year Plan.

64

South Catlins Charitable Trust (SCCT) support the plan to seal the Curio Bay Haldane Road including the road to Slope Point.  The sealed road will provide a safer road for tourists and locals, including the school buses.

67

The sealed extension would provide a safer road for the local school bus as well as tourists. 

70

The road being tarsealed, would make it easier to drive on and a lot safer for our family and tourists as there appears to be a lot of tourists now using the road and having accidents. 

71

Catlins Road - the Catlins Road is part of State Highway 92.  When Southland County sealed the road to Waikawa we started sealing parts of 92 from the Waikawa end while Clutha County started sealing their end.  Each Council sealed more of the road each year as funds became available.  Clutha County with a much shorter stretch to do has sealed right up Southland's boundary.  Southland has continued to extend the seal as funds became available.  The Catlins Road is the final stretch to do.  I think this job should be finished - gravel roads are a death trap to foreign tourists.

72

This road desperately needs sealing for the safety of all vehicles that travel on it, particularly the tourists who then threaten the safety of others driving on the road.

74

We wish to write in support of the upgrading and tar-sealing of the Curio Bay - Haldane Road including the Slope Point section.

 

While living and working in the Catlins is an honour and pleasure we are often limited by remote location and low population base and this means we often miss out on, have to fight extremely hard or pay great amounts of money for the great technology that others may take for granted ie, reliable landline telephones, cellphone coverage, fast internet and unfortunately safe roads.

We run three businesses from our farm including farm accommodation so we deal with international and national visitors and gain important feedback on their experiences and the gravel roads are not enjoyed and often avoided.

 

In the Catlins tourism remains an increasing industry.  This industry is boosting the economy and quality of life in many areas that desperately require it.  The heart of this industry is our amazing scenery, rich history, geological features and the outstanding wild life.  To gain access to some of our iconic 'Must sees' is via these gravel roads.

 

The increasing accidents caused by the high usage of these gravel roads places our declining community emergency volunteers under extreme pressure as they deal with crashes, injuries or death not to mention the time away from their jobs, businesses or families.

 

We feel the tar-sealing of these gravel roads is urgent and should be given top priority that is why I have taken time to write my submission.  The benefits to everyone will be unbelievable.

 

75

Please refer to enclosed letter.

 

I have been a resident on Slope Point Road for 12 years.  We have a farm on Slope Point Road with a small backpackers on it. 

 

Over this time I have seen the numbers of visitors to our region increase every year.  As a resident of the road, I would like to point out a few things why we need the road sealed.

 

View from our window - from our kitchen window we can see the travellers on the road, every day we see vehicles on the wrong side, losing control even if it does not result in a crash, and cyclists are falling off their bikes.  This occurs on a daily basis, not just every now and then.  Also cars stopping at places that make it dangerous to pass or parking where they can't be seen until the last minute.  Lookout is a great idea if it will be sealed.

 

Three tracks - Personally we have lost many aerials and have tyres off rims as the tourists stick to two of the three tracks of gravel.  They won't move and we are the ones having to slide in the gravel and sometimes pushed off the road.

 

Different gravel has been tried with different mixes but at the end of the day, gravel roads won't withstand the level of traffic on the road.

 

Accidents - We have seen two locals have a serious accident due to tourists and many visitors to our area that have accidents, arrive at home.  From distressed mothers with young children to bewildered Asian families about how it happened when they were travelling so slow.  Each time we deal with an accident it is 2-3 hours of talking to rental companies and calming the travellers waiting to get a truck out of town.  Also we get to pull vehicles onto the road at all hours.

 

Guests' opinions - as our guests arrive, we get a first hand view of what guests think and it is never good.  One was calling ahead to a friend to stop them coming this way ...  it was too dangerous.

 

Fear of losing Tokanui as a service centre - Tokanui will always be the inland scenic route.  It is the centre of the community and by sealing the coastal road will not detract from what Tokanui has to offer.  Tokanui has a strong community base - not totally tourist based.  We as a community still support Tokanui 100%.  The visitors we are trying to keep safe are already choosing to go the coastal route - not the inland route.  We regularly see visitors go through the bush road to get to Tokanui anyway.

 

Traffic speed - Fear that sealing the road will speed up traffic and cause worse accidents - widening of the roads and adequate marking over hills and speed signs will make a difference.  I can't recall any accidents on the sealed road near Casey’s and Smith’s which is windy and hilly.

 

If anyone is opposing the rate increase to seal the road, I might make one point.  We pay for Council services that we do not use as well.  It is time to think of the safety of people travelling in this area. 

 

The day after speaking at the last submission hearing, I was first on the scene to a serious accident 100 metres from our driveway.  This accident could have been prevented as they lost control in the gravel.

 

Thank you for your time and hope that there is a positive outcome in regards to sealing of the roads.

76

Please seal the road.

77

I fully support sealing the road.

78

I recently pulled a tourist out of a car on this road following a crash - extremely dangerous.  She almost died.  This needs to be a priority.

85

We support the sealing of the Haldane/Curio Bay Road and Slope Point Road

86

This is easy.  The subsidy is far too low, so do not do it.

87

Safety of tourists and locals, less stress on volunteer first responders attending accidents caused on these roads. 

89

Council needs to keep it’s cost under control.

90

Please see attached letter in regards to the Sealing of the Nugget Point and Curio Bay/Haldane Road.

Catlins Coast Inc. strongly urge the sealing of these two key tourist attractions in the Catlins.

 

 

Catlins Coast Inc. represents a number of community groups and individuals with strong personal, economic and environmental concerns in the broader Catlins area. 

 

Catlins Coast Inc. works to maintain a strong level of communication between the North Catlins and the South Catlins, we are very pleased to have the opportunity to contribute to the consultation process in regards to the Southland District Council 10 Year Plan. 

 

Catlins Coast Inc.  is writing specifically in regards to the proposed sealing of the Curio Bay - Haldane Road in Curio Bay and the proposed Curio Bay Sewage System. 

 

Issue 2 - Road Sealing Curio Bay Haldane Road

It is broadly agreed that the projection of tourist growth in the Catlins will continue to increase dramatically and with the increase in tourism we are seeing a marked increase of motor accidents on our unsealed roads due to driver in experience and challenging conditions. 

 

In 2003 the University of Otago Department of Tourism produced a Catlins Tourism Strategy, this strategy was composed from research both in the field through the collection of primary data by Otago University researchers and through the collation of existing secondary data from a variety of sources.

 

This strategy is currently in the process of being updated as many of the recommendations outlined for development of tourism in the area have been achieved, with exception to roading. 

 

For residents roading was perceived as the most important tourism development issue in the Catlins.

 

The unsealed Haldane-Curio Bay Road (Southland) results in tourists being faced with difficult and dangerous driving conditions that are constantly changing due to high usage and weather conditions.  International visitors are unaccustomed to New Zealand rural driving conditions and this is reflected by the statistics presented in the proposal - 27% of all crashes on our roads are caused or partly caused by international visiting drivers who are inexperienced with driving gravel roads.  Local people feel accidents reported have dramatically increased, and one can only guess at the numbers of “near misses” that never get reported.

 

Catlins  Coast Inc. urges  that the increase of rates cannot be weighed up with the cost of saving lives.  Sealing would allow for more signage (keep left!) and more visible suggested speed limits clearly marked on the roads.  Sealing would also mean that the road could be included in the Southern Scenic Route marketing, stimulating economic growth in the area. 

Sealing would also advantages to keeping our famous Catlins environment pristine, gravel dust is harmful to the environment and enters water ways and may cause respiratory problems in our native birds.

 

The comfort of driving on sealed roads will increase the attractiveness of our key attractions, and send a message of care and sustainability to our visitors.

 

The economic benefits will become apparent as our attractions become more accessible to visitors, some rental vehicles have restrictions placed on them in regards to use on gravel roads, we may see an increase in tour coaches and buses which could potentially boost the local economy significantly.

 

The effects of the sealing of these roads on local volunteers who are the first on call at accidents in the region will be greatly received.  Our rural volunteer numbers are decreasing and the poor state of these highly used roads is becoming an issue.  Many of our volunteers must take time away from their employment or business to be first response to accidents that could have been greatly avoided by the tarsealing of these roads.

 

Curio Bay will in the near future have a major tourist attraction in the Curio Bay Heritage Centre, this centre will become a tourism hub in the Catlins and will no doubt increase visitor numbers even still to Curio Bay including increases in coaches our hope is that with the improvements to the roading, signage improvements will also follow.

 

Catlins Coast Inc. recommends that signage be made much clearer to visitors entering the Catlins from the south and clearer directions to the Southern Scenic Route from Southland heading north.

 

Catlins Coast Inc. urges that the Catlins projects are given high priority, we in the Catlins feel that the situation is dire and cannot come soon enough especially in reflection of the high number of visitor fatalities on New Zealand rural roads this summer 2014/2015.

92

Road needs to be sealed for safety reasons.

95

It is not the initial cost of $1.87 M that I am interested in, it is the ongoing cost to maintain the road into the future.  I suspect sealing it won't decrease the number of crashes so this should not be a mitigating factor.  Where there are tourists, there are crashes regardless of roading and in fact sealing it may increase the likelihood of speeding so may very well increase the incidences of crashes.

98

Support sealing for safety reasons, and consider the NZTA subsidy should be increased to 75% as the main benefit is to tourism.

101

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 101 in the submissions booklet.

 

The continued analysis of freedom camping and the need to provide support in areas which are receiving increased demands due to popularity, Waikawa for instance is required.  This may also increase with the proposed sealing option for the Haldane-Curio Bay Road.  There is a need to seal this section of the road to provide safe travelling for residents and tourists.  It is likely that the sealing of the Curio Bay-Haldane Road and upgrades in facilities at Curio Bay will increase visitor numbers to the areas placing a strain on the infrastructure.  The Council has foreseen this and are installing a new wastewater plant which is highly commended by Iwi and will benefit not only the users but the outstanding environment, water quality and recreational use.  The wastewater plant should be funded appropriately and any shortfall in costs funded by a loan (page 213).

107

3.  SEALING THE CATLINS ROAD

3.1 -  Federated Farmers has no view on whether the remainder of the Catlins Road should be sealed.

 

3.2 - If the decision is made to proceed with the project, Federated Farmers supports Council seeking an increased subsidy from government for sealing the route along the Catlins Road from Nugget Point through Curio Bay and along the alternative Coastal Route.  As noted in the 10 Year Plan, this is a popular tourist route with a high number of crashes, particularly amongst tourists. 

We consider these road safety concerns justify increased funding from central government.

 

3.3 - Considering the significance of the road as a tourist route, and that the main issue is road safety in relation to tourist use, we consider that central government should fund the majority of the new seal.

 

3.4 - If Council is required to pay 46.5%, as discussed in the Plan, this would result in an increase of $5.23 per rating unit in 2016/17 and $10.66 per rating unit after that.  This is unacceptable.  While we acknowledge that there would be some wider benefit to the region in terms of “encouraging economic growth by making key tourist attractions more assessable [sic]”, it will not make a tangible difference to general ratepayers in the district. 

 

Recommendations

3.6 - Federated Farmers has no view on whether the remainder of the Catlins Road should be sealed.

 

3.7 - If the decision is made to proceed with the project, we support Council seeking additional funding from the Government to seal the remainder of the Catlins Road.

 

3.8 - We recommend that Council’s contribution to the sealing of the road comes from a targeted rate from all commercial businesses located along the whole Southern Scenic Route. 

108

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 108 in the submissions booklet.

 

We acknowledge that roading is an important asset for the community and commend the council for taking steps to seal the last section of the Catlins Road as this will have positive safety outcomes for road users and the local community. 

 

Given this increased expenditure, Council has identified it will looking at ways of making existing funding go further.  We are of the view that deferring renewals of sanitary works beyond their recognised life-span (through ongoing maintenance) is not seen as a viable long-term solution.  All councils have legislative obligations to meet certain statutory requirements.  For example, the implementation of approved Water Safety Plans (WSPs) for drinking water supplies cannot be deferred by any council.  It is the Ministry of Health’s view that the “affordability clause” is not a valid reason to defer/delay improvements for the drinking water supplies.

 

The Council has indicated they will be reviewing assets in communities that have reducing populations.  We support current levels of infrastructure provision and maintenance, however, we appreciate that as populations change, alternative infrastructure may need to be considered. 

 

As the consequence of reducing maintenance or service provision is highly likely to have detrimental consequences to the public health of affected communities, we will need to be consulted on any proposed changes to public health infrastructure.

 

In the forthcoming Environment Southland 2014/15 Environmental Compliance Monitoring Report, we note that the Wastewater Treatment Plants in areas of Tuatapere and Edendale/Wyndham do not have funding associated with them for ongoing maintenance despite both communities being identified as being in partial or full breach of their conditions of consent in recent reports.

 

Recommendations - That Southland District Council consult the Public Health Service them when reviewing changes to existing infrastructure which may have an effect on the public health of the community.  That Southland District Council continues to prioritise the provision of appropriate infrastructure to fulfil acceptable standards aimed at protecting the public health of communities.

116

Sealing the Catlins Road

The NZAA Council support the proposed option of sealing this road.  It believes that Southland District Council has been given this mandate following the overwhelming community support given in responses to the recent draft Otago Southland RLTP.

119

Tourist expectation is for sealed roads - it is a safety issue. 

124

My submission will hopefully help the Southland District Council convince Transit NZ to provide a good amount, or fully fund, the tarseal of your Haldane Road and the Nuggets Road where I reside, called together The Southern Penguin Scenic Journey.  At the Nuggets Lighthouse, penguins, sea lions, seals and birdlife has been stated in the Trip Advisor poll for New Zealand as the number seven top landmark destination to visit this year no wonder we are inundated with traffic on the road.  I have just delivered my ninth accident report for this year to the Clutha District Council.  Most accidents have been caused by loose gravel.  We travel extensively in our motorhome bus all over NZ and we are ashamed to say our own road is the worst tourist destination road we have travelled on.  For ourselves and neighbours on this road our concern is the constant dust on our roofs making our drinking water very dirty.  We tried oiling the road for two years but found that both the oil and the dust ended up in our water tanks. 

 

The other major concern is the never ending corrugation made by the huge amount of traffic.  The grader employee has come back to finish his grading the next day after completing most of it to find the road corrugation is worse than when he started the day before.  My husband has been collecting the hubcaps falling off the cars on our road for the last nine years.  He has over 250 on our fence, probably 50 hubcaps have been given away or taken.  So the display on the fence is another plea for tarseal showing just how rough the road is.  A white line down the middle of tarseal should keep the tourists on the right side of the road.  I admit myself that I travel from side to side on the road trying to miss all the pot holes.  I would imagine that all these scenarios also happen on the Haldane Road. 

 

So my submission plea is for as much pressure as permissible to be urgently placed with Transit NZ for a good amount of funding or to fully fund the tarsealing of these tourist road routes.  It is tourists, not ratepayers who are the major users of these roads and I’m sure accidents on these sections could be mainly avoided.

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

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Appendix 6:  Funding Infrastructure and Depreciation

Record No:        R/15/4/6294

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       The Southland District has a large amount of ageing infrastructure which will require renewal or replacement in the future.  To plan for this, the Council has included a proposal in the Consultation Document to fund depreciation.  Funding depreciation is consistent with good practice for the local government sector.  In the past, the Council has funded asset renewals through either reserves, rates, subsidies or internal loans.

Consultation

2       The Council is proposing to fund depreciation by setting up reserves to be used to pay for asset renewals when necessary.  This ensures intergenerational equity as those who are using the asset today contribute to future renewals.  This means that every year an additional 10 percent of the depreciation calculation will be funded so by Year 10 depreciation will be fully funded for the activities indicated. 

3       The Council has consulted on a proposal to phase in the funding of depreciation over the 10 year period of the Long Term Plan 2015-2025. 

4       The Council is proposing to fund depreciation for roading, water, wastewater, council buildings, information technology, wheelie bins, public toilets and solid waste activities.  Council in not proposing to fund depreciation on local halls, community housing, which we do not plan on replacing when they reach the end of their useful lives.  Nor is the Council proposing to funding local infrastructure assets such as footpaths, stormwater and playground equipment at this stage. 

Feedback and Submissions

5       A total of 36 submissions expressed a preference on funding depreciation.  Of these submissions 29 (80%) preferred Option 1 (phased funding of depreciation) and 7 (20%) preferred Option 2 (not funding depreciation). 

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6       The majority of submissions supported the Council in taking a planned approach to asset management.  However, some submitters stated that it was difficult to form an opinion without detailed information on how it would affect their rates and how the Council intends to depreciate existing assets.  One submission (107) requested further consultation on this issue. 

7       Submissions also noted the need for a balanced approach between building reserves and debt funding to achieve intergenerational equity.

8       Submitters who did not support phased funding of depreciation suggested that projects be funded by rates as they occur.

9       Submissions regarding this issue are summarised in the table below.  The full submissions can be found in the submissions booklet.

Options

10     Council released the following options for consultation:

·                      Option 1:  Fund depreciation;

·                      Option 2:  Do not fund depreciation.

 

 

Option 1:  Fund Depreciation

Impact on Rates:

·              Rates are used to fund depreciation in a phased manner.

·              An additional graduated amount will be collected, from $243,164 in 2015/2016 to $3,118,974 in 2024/2025.

Advantages:

·              Asset renewals are funded to the extent that they are required by all of those placing demand on assets.

·              The Council aligns its approach with good practice and manages its funds prudently, building up reserves to pay for additional capital works and replace assets as required.

·              Rates increases are moderated to ensure that they remain affordable.

·              Levels of service will be more likely to remain the same as funding is not as highly dependent on the ability to rate for a replacement or renewal in total at a particular point in time.

Disadvantages:

·              Rate increases will not be in proportion to renewal costs, where typically a low spend would mean a lower rate increase.  

 

Option 2:  Do Not Fund Depreciation

Impact on rates:

·              Capital projects are funded by rates as they occur.

·              Rates will be affected depending on the capital work undertaken.

Advantages:

·              Rate increases will be in proportion to renewal costs, where typically a low spend would mean a lower rate increase.

Disadvantages:

·              Availability of funds may impact on the amount of work which is able to be undertaken.

·              There is a greater likelihood that rates will fluctuate according to the schedule of asset renewals and capital work. This provides a lower degree of certainty for ratepayers.

·              Continuing to not fund depreciation may mean that not all those who place demand on an asset contribute to funding its renewal or replacement.

11     In deciding to propose the funding of depreciation in the Consultation Document, the Council considered rates affordability, intergenerational equity, sector best practice and legislative requirements relating to prudent financial management.

Discussion and Analysis

12     Funding depreciation meets the legislative requirement for a local authority to “ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets” (Section 14(1)(g) Local Government Act 2002).

13     The Council would need to collect an additional $2.4 million (or 8.8%) in rates in the first year if it were to fully fund depreciation. In consideration of rates affordability, the Council has proposed an approach which phases in depreciation over the 10 year period of the Long Term Plan 2015-2025.

14     Funding depreciation provides more certainty for ratepayers because the funding of future replacements, renewals and capital works is collected in a planned manner over an extended period of time.

15     The proposed approach also ensures intergenerational equity because those placing demand on the Council’s assets contribute to their future renewal and replacement.

16     If the Council does not fund depreciation, the availability of funds may impact on the amount of work which can be undertaken in future.

 Recommendation

That the Council:

a)         Receives the report titled “Appendix 6:  Funding Infrastructure and Depreciation” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Agrees to use a phased approach to funding depreciation as set out in the consultation document (Option 1) for the preparation of the Long Term Plan 2015-2025.

 


 

Excerpts received from Public Submissions on Funding our Infrastructure

 

Submission Number

Comment

18

I have no real idea where this option will take my rates over the next 10 years though.

25

Projects are funded by rates as they occur. 

58

Funding depreciation:  Agree with suggestions.

62

It's a no brainer to prepare for asset replacement.

63

The principle is a sound one.  The only concern I have got is what happens to the money.  The reserve or sinking fund would have to be set up independent of other investments. 

66

The remaining life of infrastructure should be reassessed at least every five years to enable this figure inform the annual depreciation figure. 

67

Council has to plan for the future. 

68

Very encouraging to see a lot of thought has gone into a better rating system. 

71

Funding depreciation - I do not understand why depreciation has to be funded.  In my business depreciation is a credit.

85

We support this.

86

My answer here is "Other" not "No preferred option".  See the paper submission form.

 

For the full commentary see Submission No. 86 in the submissions booklet.

 

My challenge here is to ask how many at the Council table actually understand the commentary (and the associated data table) on Depreciation given on pages 18-19 of the consultation document?  I feel that I should be able to understand this, but you have not made that job easy.

 

What I think you are saying is that depreciation is made up of (1) items that need replacing and (2) items that do not need replacing.  The first row is the book value of depreciation (which may be completely unrelated to the actual value of replacement), but for which part (the whole, (1) or (2)).  The third row tells us how much additional rates you want to fund depreciation.

 

From this it is simply impossible to make a call as to how to fund asset replacement.  My feeling is that estimates of actual replacement value are needed and timescales for replacement, as well as possible funding sources.  This can then be used to build up a true picture of the reality of replacing assets.

95

I am ok with this as long as it does not deteriorate community consultation.

98

It would seem prudent to work more closely with Environment Southland regarding water supply and waste-water proposals, ensuring that renewal and maintenance are of a high standard to avoid costly replacement through neglect or penny-pinching as they are key strategic assets essential to life and health.

 

Support proposed option for funding depreciation.

100

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 100 in the submissions booklet.

 

We support the Council’s move to extend the life of its assets where there is sufficient information to do this without adverse impacts on the levels of service delivered.  We also support the move to fully fund depreciation to provide for the replacement of infrastructure when it reaches the end of its serviceable life. 

 

This approach is more equitable and provides for the future replacement of assets when the time comes.  The phasing in of this approach over the life of the plan is appropriate to reduce the impact of the transition in the coming years.  We request that the Council proceed with the proposed option set out on page 19 of the consultation document.

107

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 107 in the submissions booklet.

 

5.  FUNDING DEPRECIATION

 

5.1 - Federated Farmers supports in part the proposal to fund depreciation, rather than funding capital projects by rates as they occur. 

 

We support the proposed phased approach. 

 

Federated Farmers Submission to the Southland District Council Draft 10 Year Plan 2015-2025 Page 10 approach to this change in policy.  Funding depreciation can help to ensure that the rates impact of major capital projects on future ratepayers is not overwhelming.

 

5.2 - We note that the uses of debt for capital projects can also be useful as it spreads the cost out over the useful life of the asset, so today’s ratepayer isn’t paying for the benefit of tomorrow’s ratepayer.  So a balance is required, but variable capital expenditure is good practice to start funding depreciation for key assets, along with some debt funding when the time comes.

 

 

107

5.3 - We recommend Council undertakes further consultation on how it intends to fund depreciation, if Council decides to proceed with the proposal.  There are many considerations that will affect the policy, eg which assets should be funded through depreciation and how much of the asset’s worth should be funded through this mechanism.

 

5.4 - In addition, depreciating newly acquired or constructed assets is relatively straightforward.  However, trying to create a regime for assets constructed historically will be difficult.  As it is rates that will stockpiled to fund depreciation, we consider that ratepayers should have a say on the details of the policy.

 

Recommendation

 

5.5 - Federated Farmers supports a mixed model of funding capital projects through depreciation and debt to ensure that current and future ratepayers are paying appropriate amounts for key assets.

 

5.6 - We recommend Council undertakes further consultation with ratepayers on the details of the depreciation policy.  Federated Farmers would like to specifically be involved in this conversation.

116

Funding our Infrastructure

While the NZAA Council believes that this is a question best answered by the ratepayers, they are very much in favour of the SDC undertaking more investigation into the condition and assessment of the performance of all their infrastructure assets. 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 7:  Rating Differential

Record No:        R/15/4/6299

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

 

1.         Rating of ECNZ/Meridian has a long history.  After ceasing to pay rates on its three hydro-electric properties from 1989 to 1990, citing a dispute over the basis of the rate (capital value), a settlement was agreed in 1992.  Although not stated, it is believed that the settlement reached, reflected the outcome from the court case between ECNZ and the Waimate District Council.  The case was brought by ECNZ due to the Waimate District Council changing its rate from Land Value to Capital Value.  At the time ECNZ assets constituted 75% of the total Capital Value of the Waimate District.  The High Court found in favour of ECNZ.

2.         In 1995 to 1998, Council staff confirmed the rates with ECNZ at a base rate of $150,000 plus an increase based on the district rate increase each year.  In May 1998, Council changed this to a differential rate for the three properties which applied up until 2012.  From the records it is not clear how the differential was proposed to be calculated but the differential rate achieved a similar outcome to the $150,000, and the implication from previous correspondence with ECNZ is that future increases would be based on the district rate increase each year.

3.         In October 1998, the Court of Appeal found in favour of ECNZ, in a case against the Valuer General in which they challenged the methodology used to assess the rating value of ECNZ assets. The result was that 36 ECNZ owned power stations were re-valued down by approximately 27%.

4.         In 2012, Council indicated to Meridian that it was reviewing the differential as part of preparing the draft Long Term Plan and undertook discussions with Meridian staff. 
As a result of these discussions Meridian asked Russell McVeagh lawyers to provide an opinion for them on the appropriateness of Council continuing to apply a differential.  Meridian provided Council with a copy of that opinion, which outlines the factors that Council is required to consider under the Local Government Act 2002 (LGA 2002) and Local Government (Rating) Act 2002 (LGRA 2002) as distinct from the legislation which previously applied. In summary the opinion noted that local authorities are now required to:

·    Give consideration to the relationship between the rates paid and the demands and benefits that a ratepayer places on Council services. It also notes that while rates do not need to align “directly or precisely” with benefits or demands there does need to be some consideration of the relationship. 

·    Give consideration to the application of a differential rate as against a uniform rate.

 

5.         After due consideration of all the facts, Council advised Meridian that the differential would be removed.  The removal of the differential was based on the following summarised comments in the report to Council:

·              The Russell McVeagh opinion relied on ECNZ versus McKenzie DC and that case is distinguishable from Southland District Council’s position.

·              Council is satisfied that it’s targeted rating structure and uniform targeted rates mitigate the exposure to over-rating of Meridian.

·              In 1995 Meridian’s rating liability was 0.99% of total rates, in 2012 it was 0.66%, removing the differential would see it revert to 0.99%.

·              The LGRA 2002 does not provide for individual agreements with ratepayers.

·              The LGRA 2002 allows differentials to be based on land use, permitted or controlled activities, land area, provision of service, where the land is situated and values specified by the Valuer General.  If the differential was to be based on the ratepayer of Meridian and it being a power station, they believed this could be challenged by those not receiving the heavily discounted differential general rates.

·              Council believed the removal of the differential would generate a level of reasonableness between service, benefit and cost and balancing the inequity faced by ratepayers other than Meridian.

6.         These comments were further supported in the response to Meridian by Council on its submission.  In summary the points included in the response supporting the removal of the differential were:

·              There is no direct cost-benefit relationship in rates to Council services available due to the element of public benefit.

·              Meridian receives the benefit of a differential within the land use classification of “Other” in regards to the Roading rate, which without it would see its contribution increase significantly.

·              Examples received of other lower South island hydro-electric generation sites indicate Council’s level of rating in comparison to Capital Value without a differential was not unreasonable.

7.         As a general note, since its development the wind farm at Whitehill has always been rated on its full capital value.

8.         As part of the 2012 background paper and the response to Meridian’s submission it was noted that other councils with power stations undertake the following:

Clutha District Council

No differential rate for power stations

MacKenzie District Council

Apply a differential due to a high Capital Value (CV) in relation to the total CV of the District.  CV of $442,310,000 11/12 rates liability of $822,741.

Taupo District Council

Apply a differential that increases at an agreed level to smooth the transition from LV based rates to CV based rates.

Waitaki District Council

Capital value of $640,025,000 and 12/13 rate of $363,998 without differential.

Central Otago

Apply a differential to power station CV rates based around 27% reduction.

Rotorua District Council

No differential rates for power stations.

 

 

 

Summary of Meridians submission to the 2015 draft LTP

 

Meridian Submission

SDC Officer Comment

Point 1.  The submission from Meridian acknowledged the constructive relationship it has with the Southland District Council. 

Council also recognises the constructive relationship that SDC has with Meridian

Point 2. Meridian believes it pays rates significantly disproportionate to the services it uses. 

Council applies fair and reasonable user charges where it can be established that Council’s service supplied has a one to one relationship.  However, rates are a hybrid in that they can have an element of user pays and a tax particularly for that portion of services that Council provides which are of a “public good” nature.

 

The application of rates is by way of the blunt rating tools such as capital value which has an element of a tax on those able to pay.

 

In deciding how rates should be set Council considers the section 101(3) of the LGA 2002 and the provisions in the LGRA 2002.  Council uses a mixture of targeted rates and general rates. It also sets rates on both a uniform basis (which often be used to recognise ‘private benefit’) and as a rate in the dollar (which can often be used to recognise ‘public benefits’).

Point 3.  Over the last three years Meridian’s rate has increased $186,000 due to removing the differential and a revaluation of the districts properties. 

 

Meridian’s revaluation resulted in their assets increasing 13%.

The removal of the differential three years ago resulted in meridian rates increasing from $222K to $364k (increase of $142k).   

 

Rating values for the district are set by QV in accordance with the Rating Valuation Rules set by the Valuer General. At the last revaluation the following occurred to properties in each sector

 

Inc/(Decr)

valuation

Share of

District CV

Farming

(3%)

50.1%

Dairy

16%

29.1%

Residential

1%

9.4%

Lifestyle

9%

6.1%

Other

12%

4.9%

Commercial

(4%)

1.7%

Industrial

5%

1.7%

Forestry

0%

0.7%

Point 4.   Meridian’s assets have a minimal operational footprint on the District but because its Manapouri operations has a high CV it contributes a greater proportion to the rates where these are CV based.

Overall Meridian assets contribute to 4% of the capital value of the district and hence 4% of any rate based on capital value.  Council collects 20.1% of its rates from capital value alone.  This excludes roading as although roading is also based on CV the model used spreads the rates cost firstly into causal sectors of which CV is then used to attribute perceived benefits to individual ratepayers along with a portion of a uniform charge. 

Point 5.  Rates in 2014-2015 were $436,297, they are proposed to go up to $463,478 in 2015-2016.

$27k increase overall, due to the increase in the roading rates required to fund the roading program $4k, change in the roading model, $8.2k, the general rate $9.1k and the waste management rate $5k.

Point 6.  Meridians rate % increase over the last 4 of 5 years has been 127% compared to the District-wide increase of 29%.

In 1995-1996, Meridian paid $150k in rates when the district rates were $10.6 m (1.41% share).  In 2011-2012, Meridian paid $222k on the same three properties when the district rates were $24.6k (0.9% share). So although in the period 1995-2102 the district rates went up 131% Meridian increased by 48%.  The removal of the differential resulted in the Meridian’s share increasing to 1.48% ($363k).  In 2015-2016 those three properties will pay $451k or 1.43% of the district rates (before district water and sewerage rates).

Point 7.  Council’s past use of a differential is consistent with legislative intent having regard to the level of services provided.

Council gives consideration to all aspects of legislation, it not only has to consider those who cause, those who benefit but also the impact of rates on individuals and communities.  It does this by using an extensive range of rating tools including a number of targeted rates as well as a general rate and UAGC.

Point 9.  Meridian contend that the activities that will be rated in 2015-16 based on capital values bare no relationship to the costs related to their activity and cannot be considered fair and reasonable by comparison with other ratepayers. 

 

 

 

 

 

 

 

These rates being:

Strategy & Planning $103,312,

Council Offices and District Support $152,700,

Building and Regulatory $52,323,

Waste Management $20,050,

Roading $94,615

As noted previously, Council applies a fee or charge where appropriate.  Given that a number of activities can be about the ability to access a service, rather than whether an individual directly uses that service there is not always a direct correlation to the rates paid. It is also important to recognise that there is a good level of wider ‘public benefit’ associated with a number of activities funded via the general rate. Hence, it is the ‘community as a whole’ which benefits rather than one individual ratepayer as such. Meridian is a ratepayer within the wider district community and given the significance of its activities it is of benefit to Meridian that the district has thriving healthy communities. While noting the intangible nature of a number of these benefits Council should consider, however, whether there is a relationship between the demands created and benefits received by Meridian relative to the rates they pay and satisfy itself that the relationship between demands/benefits and rates assessed is not significantly disproportionate or “overwhelmingly unreasonable”. 

 

Meridian appears to be unaware that the draft Revenue and Financing policy now incorporates a number of the previous individually rated district rate types into an overall General Rate, which is collected by way of a fixed amount per rating unit of $362.24 and a rate in the dollar on capital value.  The 2014-15 rates that have been combined are Building Regulation, Civil Defence and Rural Fire, Council offices and District Support, District Heritage, Library Services, Public Health Services, Regional Initiative, Representation, Strategy, Policy & Planning.  

 

The reasoning behind this is that a General Rate is appropriate for funding activities or services where there is a significant element of public good or where a private good generates benefits for the wider community.

 

Included in the general rate are the costs of Strategy and Planning and Council offices and District Support such as the operations of the Chief Executive, the functions of the front line and back office support. Meridian are an active participant in these activities as evidenced by their participation in LTP processes and the ongoing liaison that they have with Council in relation to issues affecting the district and its communities. Meridian also maintains an ongoing relationship directly with a number of the districts communities, including through entities such as the Tuatapere Amenities Trust, because of the importance of it managing its relationship with these communities.   

 

Meridian also exercise the opportunity to interact with Council in its community leadership and representation activities. Included in here is the advocacy work Council undertakes on behalf of ratepayers on government legislation and environmental issues. Given the widespread impact that Meridian’s activities have on the district and its communities it is important that Council maintain an effective working relationship with Meridian and that we recognise issues that are of concern to them and their operations.

 

The public good elements of the Building Control Department includes elements, such as, ensuring that people who use buildings can do so safely and assessing earthquake prone premises. Meridian derives a level of benefit from these activities. By owning a number of buildings and other structures that require building consents they receive a benefit. It is also in their interests that other buildings in the district are developed and maintained to a reasonable standard and in a way that ensures public safety.

 

The preparation and consultation in regards to the District Plan and the management of resource management activities across the district is also funded via the general rate. Meridian has actively taken part in this process and it is also important that the impact of other land use activities on their infrastructure is considered and managed via Council’s resource management activity. 

 

The Waste Management rate contributes towards maintaining the environment and health of our community.  It contributes towards the costs of the transfer and refuse stations, waste minimisation initiatives, Council’s contribution to the public good element of new water and sewerage schemes, along with the on-going environmental maintenance of old landfill sites. These activities are essential to the maintenance of healthy sustainable communities. It is in Meridian’s interests that such communities exist given, for example, that many of their workforce will reside in the local community.

 

Funding for Roading is from a mixture of NZTA funding and local rate funding.   It covers costs for roading on all public roads except state highways. Meridian has the ability to use any part of the district roading network, which is seen as an integrated district wide network. 

Point 11.  In applying Section 101(3) of the Local Government Rating Act the Council needs to demonstrate there is

1.   A different level of service; or

2.   A different share of benefits; or

3.   The cost of service to one group is different than the cost of providing service to others.

As previously stated Council considers all of the section 101(3) factors in developing its Revenue and Financing Policy. It also considers the impact that rates have on individual ratepayers and on the community as a whole.  In doing so it actively uses a variety of rating tools. It has outlined in is Revenue and Financing Policy and the supporting Activity Analysis how it has considered these factors in relation to each activity.

Point 12.  In removing the 2012 differential, Council noted the move to funding of roading costs based on high users and the use of a UTR.  The planned reduction in the UTR results in a greater cost portion being recovered based on capital value.

Council has developed a new model to inform the allocation of roading costs between different land uses. In doing so, council has applied a 0.3 differential to properties in the “Other” category which includes Meridian’s assets. As noted in the Meridian submission there has also been a rebalancing of the uniform portion of the targeted rate and uniform capital value portion of the targeted rate to reflect the new model. Council will be considering whether further adjustments might be made to the UTR portion as part of its consideration of other submissions on the Roading targeted rate in Appendix 4.

 

The question that Council needs to determine is whether the roading rates that Meridian is being required to pay are now ‘unreasonable’ and whether there is a need to apply a further differential to the uniform capital value portion of the targeted rate.

Point 13.  The relief sought by Meridian is

(a)  That Council re-introduce a rating differential or use other rating tools to more fairly allocate the proportion of cost of services for Strategy & Planning, Council Offices and District Support, Building and Regulatory, Waste Management and Roading.

This is discussed below.

(b)  Council amend the supporting finance and revenue policies in support of (a)

This is discussed below.

 

 

Meridians Argument for the re-introduction of a Differential

 

9.         Meridian has requested that Council re-introduce a rating differential in favour of them. 
It states through its submission that Council needs to consider this as it receives significantly disproportionate services to the rates it pays (point 1) based on the fact that its capital value is high but its operational footprint has minimal impact on the District (point 4).

10.       In asking for the differential to be re-introduced they have cited section 101(3) of the
Local Government Act which states:

The funding needs of the local authority must be met from those sources that the local authority determine to be appropriate, following consideration of –

(a)        In relation to each activity to be funded

(i)         The community outcomes to which the activity contributes; and

(ii)        The distribution of the benefits between the community as a whole, and any identifiable part of the community, and individuals and

(iii)       The period in or over which those benefits are expected to occur, and

(iv)       The extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity; and

(v)        The cost and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities, and

 

(b)        The overall impact of an allocation of liability for revenue needs on the current and future social, economic, environmental and cultural well-being of the community.

 

11.       The rating tool they believe that should be used for them is within Section 13(2)(b) of the Local Government (Rating) Act 2002 and states

“A general rate may be set at different rates in the dollar of rateable value for different categories of rateable land under Section 14.”

Options

 

Option 1:  Status Quo:  Council continue to rate Meridian as proposed in draft LTP

Impact on rates:

·      No change to rates as proposed in the draft LTP and Revenue and Financing Policy.

Advantages:

·      No specific advantage, as it is based on facts considered.

Disadvantages:

·      No specific disadvantage as it is based on facts considered.

 


Option 2: Council re-introduce a differential rate in favour of Meridian

Impact on rates:

·      No change to the overall rates collected, just a re-distribution amongst ratepayers.

Advantages:

·      Meridian may perceive that they are being treated more fairly. 

Disadvantages:

·      Council did not indicate that it was proposing changes to the differential for Meridian as part of its consultation so no submissions have been received on how other ratepayers would view this different treatment for Meridian.

·      Work would need to be done on establishing the methodology behind a new differential,  how it would be calculated and the impact on other ratepayers.

 

Option 3:  Council determines that the issue warrants further investigation and indicates to Meridian the timeframe for doing so.

Impact on rates:

·      No immediate change to the rates proposed in draft LTP. Changes would occur via an amendment to the LTP or as part of the 2018 LTP.

Advantages:

·      Consultation could occur with other ratepayers, potentially as part of the next three year work programme.

·      Further work could be undertaken in establishing the factors that could contribute to the methodology and calculation of the differential to identify and distinguish Meridian from other ratepayers.

Disadvantages:

·      None foreseen for Council.

Considerations when deciding on the proposed option

 

12.       Council needs to establish that Meridian is different in some way that means the application of a differential is appropriate.  As noted above, Meridian contends that its operational footprint is such that they receive services disproportionately to other ratepayers.  They do not state how they establish this compared to other ratepayers. This is an issue which could be explored further with Meridian if Council was of a mind to investigate the potential introduction of a differential further.

13.       If Council did re-introduce a differential rate, the methodology behind how this rates applies and how it would be calculated needs to be given further consideration.

Discussion and Analysis

 

14.       Council must comply with the LGA 2002 and the LGRA 2002 in regards to its financial management.  Section 101 (1) of the LGA requires a local authority to manage its revenues, expenses, assets, liabilities, investments and general financial dealings prudently and in a manner that promotes the current and future interests of the community.

15.       Under section 102 Council is required to adopt a range of funding and financial policies, including a Revenue and Financing Policy and Liability Management Policy. Under section 103 a Revenue and Financing Policy must detail how a local authority plans to fund its operating and capital expenditure from the range of sources listed section 103(2). The policy must also show how Council has had regard to the factors in section 101(3) in making these decisions. 

 

16.       Case law has made it clear that each of the five factors identified in section 101(3) must be given equal consideration. In this regard Potter J[2] referred to section 101(3) as a “critical filter” when noting that:

“…the consideration required in respect of each activity to be funded must extend to and include each of the five factors in s 101(3)(a) in each case. The factors are clearly stated to be cumulative, not alternatives or options for consideration and determination by a council.

… the statutory processes required by the Act do not permit the Council to single out and adopt a causation or exacerbator-pays approach at a policy level…. While I accept that s 101(3) does not direct councils to any particular outcome, all the critical factors in s 101(3) must be weighed and factored in, in respect of “each activity”. … All the factors must be considered, weighed and evaluated, in reaching funding determinations in respect of each activity.”

17.       Council can demonstrate the application of Section 101(3) of the Local Government Act through its Revenue and Financing Policy (and supporting Activity Analysis) and through the wide use of rate types it has and the tools it uses to collect these rates.  Section 101(3), states, the funding needs of the local authority must be met from those sources that the local authority deems appropriate after consideration of the identified factors.  Council’s Revenue and Financing Policy outlines these funding sources in Section 2.4 and the policy overall explains that in deciding who should pay for an activity, asset or service it is more complex than simply allocating costs to primary users.  Some activities result in benefits for the wider community as well as individuals who use them.  For example, recreational facilities contribute to vibrant thriving communities and have impacts on community health, well-being and sustainability.  It further adds that Council also considers people should not be excluded from using a service or engaging in an activity because of affordability.  For these reasons, Council has decided to fund several activities using a general rate or a combination of targeted and general rates. Meridian gains a not insignificant level of benefit from these activities particularly given the scale and importance of their activities within the district.

18.       Currently Council has over 150 rate types.  The rate types it uses and the percentage collected from these rating tools is outlined as follows:

Roading Rate (model based on exacerbator, then based on Capital Value)

30.1%

Fixed Charges (max 30%)

25.5%

Service Rates - Fixed Charge (Rubbish, Recycling, Water, Sewerage, Loans etc)

21.6%

Capital Value - General Rate and 35% of Waste Mgmt Rate

20.1%

Land Value - Local Rates

  2.8%

 

19.       As noted, the impact of rates on the community is also a major consideration of Council. 
The Rates Inquiry Panel noted that rates are a hybrid tax, a mixture of user pays and a tax on property as the “public good” element of services provided to the general public that are available for use but may or may not be used by a specific ratepayer.  As such there will be no direct relationship between services and rates paid.  In considering who should pay Council considers the over-arching concept of affordability, it does this in looking at its costs and also in the way it allocates these costs, such as via the rates that it sets.  The report of the Local Government Rates Inquiry noted that councils are failing to adequately consider the affordability of rates increases for some residents, and noted that councils need to undertake more analysis of affordability issues when deciding on total expenditures to be financed from rates and on the rating mechanisms to be used to spread the burden.  In fact the Rates Inquiry Panel went as far as to recommend that the differential rates and UAGC’s be removed as they tended to be set arbitrarily without explicit justification in terms of the services to be funded (RI para 51 & 52).  They equalled favoured the capital value system because of the closer relationship between capital values and household incomes (RI para 57).  They noted that Council should, in fixing overall rating policies, have regard both to services consumed and to ability to pay and noted that in considering who benefits has two parts which need to be considered (ie the benefits received and the ability to pay). 

20.       To apply a differential, Meridian notes in point 11 of its submission that Council needs to demonstrate that there is a different level of service or the cost of providing the service to one group is different than the cost of providing the service to others.  Meridian justifies the application of a differential for them on the basis that the service it gets compared to the rate it pays is disproportionate compared to other ratepayers given its high capital value.  Meridian does not attempt, however, to provide a financial and/or economic analysis to support its position. 

21. For context, Meridian’s rate represents 1.43% of the total rates collected (excl district water and sewerage for comparative purposes with previous years).  The capital value of their assets represent 4% of the total capital value of the district.  Below is a table of the rates (GST exclusive) that Meridian pays compared to the next top 10 ratepayers sorted by capital value.

 

22.       The total rates shown are those that Meridian is paying is on all properties under the name of Meridian Energy Limited and excludes White Hill as that is owned by MEL White Hill Limited.  “Other Rates” represents local rates and the regional heritage rate.

23.       From the table you can see that Meridian is paying a reduced roading rate, based on the modelling system Council uses for distribution of that rate.  They are also not liable for any service rates that are targeted to various ratepayers and the element of Other Rates is minimal generally due to these being local rates that are generally a fixed amount. 
The majority of the rate is the general rate which is collected based on capital value. 
If Council were only to use one rate and one basis such as capital value, the level of Meridian’s rates would have been $1,712,224. While there are variations between the different rates applying to different properties the above table does not suggest that the overall rates being paid by Meridian are significantly disproportionate to those being paid by others with high capital values. 

24.       It is proposed that Option 1, status quo, should be adopted. In the end analysis the question of whether a level of rating is appropriate is a decision for the Council to make having regard to the relevant statutory process and factors that it is required to consider. Provided it follows an appropriate process it is for the Council to make the subjective judgements inherent in this process. 

25.       Meridian like all ratepayers has an obligation to contribute towards the costs of the Council.  The Council can demonstrate through its Revenue and Financing Policy and the rate types and tools it uses that it has carefully considered its obligations under the LGA 2002 and LGRA 2002. 

 

Feedback and Submissions

 

26.       Meridian was the only submitter that commented on this issue.

 

The full submission can be found in the submissions booklet.

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 7:  Rating Differential” dated 13 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Make no change to the way it currently rates Meridian.   

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 8:  Fees and Charges

Record No:        R/15/4/6156

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       The Schedule of Fees and Charges accounts for all the fees and charges that the Council applies to customers for the specific services they provide outside of rates and/or the
Funding Impact Statement. 

2       The Council is currently consulting, through a separate consultation process, on a proposed Dog Control Policy and Bylaw 2015, which propose a new fees regime aimed to promote responsible ownership by providing discounts for actions such as neutering and microchipping.  If this is adopted, it will have effect from the 2016/2017 financial year.
The Council has already set under Section 37 of the Dog Control Act 1996 its fees for the 2015/2016 financial year, including setting the registration fee at $30.00 GST inclusive.

Consultation

3       There were no significant changes proposed in the draft 2015/16 Schedule of Fees and Charges from the previous year however; minor changes included:

·               Updating fees in line with the inflation increase

·               Inclusion of alfresco dining licence fees

·               Inclusion of under verandah lighting fees

·               Removal of development contribution charges due to the proposal for development contributions to be put into remission.

Options

·                      Option 1:  Approve or amend any of the proposed fees and charges.

·                      Option 2:  Not approve the proposed fees and charges.

Feedback and Submissions

4       A total of nine submitters commented on the proposed Schedule of Fees and Charges.  The full submissions can be found in the submissions booklet.

5       Several submissions (10, 33, 41, 110, 115, 91) opposed the significant rise in fees relating to sale and supply of alcohol.  Submission 10 also opposed the risk grading system which they stated was inflexible.  Submission 115 notes that the increase in fees does not correspond with an increase in business revenue. 

Hospitality New Zealand (submitter number 115) would like to see the fees set regionally through local bylaw.  It has also requested that the Council drop licensing fees by one level as is allowed under the Sale and Supply of Alcohol Act (Fees) Regulations 2013.  It further suggests that a discount is made available to businesses for 'good behaviour'.  The organisation has strong concerns over the fees which apply to new and renewed manager’s certificates.

6       Real Journeys (submitter number 91) requested that the Council provide additional funding to Environmental Health to address the delays in processing liquor licence applications in consideration of the compliance framework under the Sale and Supply of Alcohol Act 2012.

7       One submission (submitter number 89) requested a full user pays approach for all activities, while another suggested that Council should operate more efficiently to minimise costs. 

8       Council officers have recommended that charges for under verandah lighting are removed as the Winton Community Board would prefer to fund this activity through rates.

Discussion and Analysis

Legal and Statutory Considerations

9       Section 150 of the Local Government Act (2002) states that the Council can set fees and charges either through a bylaw or by consulting with the public.  Amendments to the Schedule of Fees and Charges which have been recommended by staff meet Council’s requirement under the Local Government Act 2002. 

10     Some fees and charges included in this document are prescribed under various legislation including:

·                      Building Act 2004,

·                      Resource Management Act 1991,

·                      Dog Control Act 1996,

·                      Local Government Act 2002,

·                      Fencing of Swimming Pools Act 1987,

·                      Food Hygiene Regulations 1974,

·                      Camping Grounds Regulations 1985,

·                      Amusement Devices Regulations 1978,

·                      Health (Hairdresser) Regulations 1980,

·                      Food Act 1981,

·                      Local Government Auckland Transitional Provisions) Fees and Charges Regulations 2010 (if applicable),

·                      Various Council bylaws.

Equity and Affordability

11     In proposing the combination of fees and charges and rates, the Council has considered the demand for and benefits of the services, infrastructure and activities it provides.  Fees and charges in the proposed Schedule have been assessed to strike an appropriate balance between user pays and community benefit overall. 

12     The proposed amendments to the Schedule of Fees and Charges do not cause significant changes to rates.  However, by placing development contributions into remission, projects which would have been funded using development contributions will be funded through rates.  This affects only areas where demand projects are scheduled (ie Te Anau). 


 

Funding and Financial Considerations

13     The Council’s proposed Schedule of Fees and Charges has been developed to contribute to a transparent funding regime.  Submission 89 requested that a full user pays system should apply.  While regulatory services are funded in large part through a user pays system, Council recognises that there is public benefit to compliance activities.

14     It has proposed the funding structure outlined in the Schedule of Fees and Charges and draft Long Term Plan 2015-2025 in recognition of the public and individual benefits of these services.

15     Submission 91 requested additional funding be allocated to Environmental Health to address delays in processing liquor licensing applications.

Alcohol Licensing Fees

16     The Sale and Supply of Alcohol Act 2012 (the Act) introduced a new fee system that came into effect from 18 December 2013.  The fee system is designed to ensure licensing costs are met by the alcohol industry.

17     The Council’s alcohol licensing fees have been set at the rate prescribed by the Government and are consistent with the fees adopted by most councils in that they have been set in accordance with the default fees specified under the Sale and Supply of Alcohol (Fees) Regulations 2013. These fees are based on risk ratings of individual premises, with the risk calculated as specified in the Regulations. However, these Regulations also state that “a territorial authority may, in its discretion, and in response to particular circumstances, assign a fee category to premises that is 1 level lower than subclause (1) (which is specified in the Regulations), but no premises may be assigned a category lower than very low.

18     The fees have enabled the Council to the reduce ratepayer funding of this service which occurred under the previous statutory fees. 

19     The Council has formally resolved:

(a)        That all money received and retained by Council under the Act shall be expended only for purposes authorised by or under the Act

(b)        That the costs of the Alcohol Licensing Service, including the District Licensing Committee, are funded 100% from fees collected under the Act

(c)        A separate alcohol licensing business unit has been created to make the cost of the Alcohol Licensing Service transparent. 

20     If it is found after a full year of operating the alcohol licensing business unit (which will be at the end of the 2015/2016 financial year) that Council is over collecting from license owners, then the fees will be lowered.  

21     Alcohol licensing staff are nearing the end of the implementation of the new Sale and Supply of Alcohol Act 2012.  This has meant that there has been a delay in processing some renewal applications.  Licensing renewal work has not been prioritised because licences remain in effect until the renewal has been determined.  This allows licensees to continue operating while processing occurs.  It is expected that this build-up of renewal applications will be processed within a few months and accordingly it is considered that an increase in staff resourcing will not be necessary.


 

Under Verandah Lighting

22     Since the draft Schedule of Fees and Charges was released for consultation, staff have noted that it would be appropriate to remove the under verandah lighting charge.  This issue has been raised with the Winton Community Board during its meeting on 29 April 2015.  The Community Board expressed a preference for funding this activity through local rates in future. 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 8:  Fees and Charges” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Recommends that the draft Schedule of Fees and Charges is amended to remove the fee for under verandah lighting in Winton.

 


 

Excerpts from public submissions on the Schedule of Fees and Charges Comments

Submission Number

Comment

10

We are writing our submission about our concern’s regarding what we believe is a huge overcharge recently received here at the Waikaia Hotel.  Our concerns have been shared with the wider Southland Hospitality Association Group.  We are adding our individual submission to support the HANZ submission.

 

We hold two liquor licences - On and Off.  Both of  these charges have risen hugely (300%).

 

The issue being we have been hit with annual fees that were previously not there.  We have had no justification for these rises.  The process to have licence renewal has not changed (contrary to recent newspaper articles stating police and health department sign off being a new thing??  This has always been the case).

 

We note that we are graded by risk and this determines the amount of charge. 

 

Who determines that the Waikaia Hotel is medium risk?  If we were low risk these annual fee’s nearly halve or very low risk they halve again!!

 

We have had no visit from liquor licensing persons regarding volume of sales through Off Licence?  Surely this is the biggest indicator of risk!! The uncontrolled drinking environment.

 

We would like some feedback as to how we can avert the risk that we are deemed to be.  Can someone come and point out what we need to do to become a very low risk?

 

We have had recent communication with MP Todd Barclay's office.

 

Barclay said the Government introduced the law change to correct an inconsistency in the legislation where ratepayers who had never stepped inside a pub were subsidising its licence to sell alcohol, which was unfair to ratepayers.  We have struggled to find where this was itemised on our previous rate accounts.  Furthermore if we are to be fair and equitable about not paying for service's that are not directly used by the ratepayer, then why do we see Library charges on our annual rate bill.  This seems unfair as we never step foot in any libraries!!. 

 

Our main points at Waikaia:

1.    Huge Fee Rise - No transparency behind huge hikes in fee’s.  What are we now paying for that we didn’t before?  Can we see what we are paying for?  Would anyone in Council pay a statement without seeing an itemised invoice??  In effect this is what we are being asked to do.

 

 

2.    Risk Grading - Lack of flexibility and differentiation between business size and turnover. 

 

Eg, our Off Licence is graded the same risk (same weighted score) as Winton New World!!!

 

The weighted score system adopted by Government is saying that every Tavern/Hotel across New Zealand is the same, therefore the same risk?

What does risk even mean?  We have still had no visit from Liquor Licence personnel to evaluate our level of risk.

 

We strongly object to these  new inflated charges.  These types of compliance costs are crippling small business.  Surely Council wants to encourage business growth in the south not discourage it, as is the case in this instance.

 

We recommend that our elected Council pass a bylaw granting themselves more flexibility to reduce fees where it is deemed logical to do so.

 

Thank You

 

Brent Mowat and Wendy-Jane Williamson

Waikaia Hotel/Motel & Restaurant

waikaiahotel@gmail.com.

33

I think there needs to be a lowering of licence fees for
On Licence, Off Licence and Manager’s Qualifications.  Fees have recently increased for no good reason.  It is well known that the majority of alcohol harm in the community is caused by drinking at home, yet responsible establishments are paying more and more compliance fees.  This is potentially forcing licenced establishments to increase the cost of alcohol; sales and making it even cheaper for people to drink at home where they are not supervised.  Te Anau is a tourism town and licensed establishments should be encouraged to stay open and serve food and drink at reasonable prices.  Lowering licence fees would go a long way.

41

The fees the Council are charging for our hotel, On and Off Licence is out of control, it is an insult to us and can't be justified for SDC to make a job/business out of this.

62

Look to your efficiency in business operations to minimise these costs as other small to medium businesses have had to do.

89

Full user pay approach should apply.

91

Environmental Health - Real Journeys believes SDC needs to fund environmental health to a higher level to address the delays in processing liquor licence applications especially considering the compliance framework under the Sale and Supply of Alcohol 2012. 

110

At the Central Southland Lodge we hold On and Off Licences.  The charges for these licences have risen by over 300%.  We understand that the liquor licencing fees are set under the Sale and Supply of Alcohol  Act.  We also know that our Council has the discretion to assign fees to a premises that is one level lower.

 

On premise sales in Southland are experiencing a huge decline and therefore the risk must be a lot lower.  As for Off Licence we are on the same risk level as the local supermarket.  This supermarket has the biggest beer and wine sales in Southland.  We are aware that some racing and sports clubs have already had their original fees changed by the Southland District Council.  We are also seeing some organisations reverting back to BYO events because of the cost and process of getting a special licence.

 

Another concern is the increase in the fee for a duty manager to apply or renew a manager’s certificate.  In Southland we are losing good managers every week particularly part time managers - most say it is no longer viable to renew their licence.

 

We all know that the country hotel is a focal point of most communities.  Where most meetings, fundraisers and the likes are held (most times free of charge) and we would like to see that continue.

 

Thank you for the opportunity to submit on the 10 Year Plan.

 

John and Nancy McHugh

Central Southland Lodge

115

Alcohol Licensing Fee.  The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 115 in the submissions booklet.

 

Attachments

There are no attachments for this report. 

 


Council

19 May 2015

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Appendix 9:  Funding and Grant Requests

Record No:        R/15/4/6302

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Background

1         Southland District Council provides financial assistance to community organisations and individuals through a variety of mechanisms, including, but not limited to, one-off grants, scholarships, bursaries, ongoing grants, discretionary grants and donations. 

2         The majority of this is managed by Venture Southland on behalf of Council, with the allocation process being decided on by the Allocations Committee.

3         Council also maintains a fund to provide for various community organisations, such as St John, Citizens Advice Bureau, Gore Counselling Service, Life Education Trust, Southland Indoor Leisure Centre Trust, EnviroSchools, and SPCA.

4         Some grants to community organisations are also requested and consulted on through the Long Term Plan/Annual Plan process. 

Synopsis

5         A total of nine submissions to the Long Term Plan 2015-2025 were received relating to funding requests. 

6         Submission numbers which include funding are: 23, 53, 88, 91, 101, 107, 111, 112, 113 and 118.  The full submissions can be found in the submissions booklet.

Requests

7         Submissions included requests from:

The Lakes District Air Rescue Trust

8         The Trust is requesting $50,000 from Council for at least three years.  The Trust is requesting $50,000 from the three councils it covers - Queenstown Lakes District Council, Invercargill City Council and Southland District Council.  Trust Chairman Jules Tapper spoke to Council in April about the shortfall between funding from ACC/Ministry of Health and the service provided.  The funding contract is up for renewal in three years, but the Trust is using reserves to cover costs after the present funding runs out.  The Trust covers the area from Haast to Alexandra and then to Invercargill and the area to the south and west of that line.  It receives some corporate funding and community donations but does not seek more from businesses because of the businesses’ belief it is double dipping as they pay ACC levies.

9         This request was received after the draft budget was completed and as such was not in the consultation document and is not in the budget.  A grant of $50,000 a year would see a 0.12% increase in rates.


 

Southland Safe Community Group

10       Two submissions - one from the Invercargill/Southland Family Violence Focus Group and the other from the NZ Police - were received, requesting funding of $10,000 towards the cost of a co-ordinator for the Southland Safe Community Group.  The Safe Communities steering group is made up of representatives from ACC, Police and Fire Service and is committed to working in partnership with the three southern councils to reduce the incidence, severity and cost of injuries in the south.  As such, it is seeking $10,000 from each Council.

11       This request was received after the draft budget was completed and as such was not in the consultation document and is not in the budget.  A grant of $10,000 a year would see a 0.03% increase in rates.

Real Journeys - Grant to Destination Fiordland

12       Real Journeys requested that the grant to Destination Fiordland should be raised to the previous level of $26,000.

13       The Te Anau Community Board provides a grant of $14,000 a year to Destination Fiordland to help fund an events staff member. Council provides funding of $12,863 to Destination Fiordland through its grant to Venture Southland and has not decreased funding. This is a total of $26,863 a year for Destination Fiordland.

Venture Southland - Inflation Adjusted Funding

14       Venture Southland requested that funding from Southland District Council be able to be adjusted by the CPI annually. 

15       Venture Southland suggests that it is not an automatic increase but will need to be justified based on Council work requests. Council CPI adjusts its internal charges to Venture Southland.

Other Requests

16       Creative NZ wants Council to develop strategies and policies to help towards the establishment of a regional arts development body.

17       It also advises that an additional $400,000 will be invested by Creative NZ in the Southland Region and this will include grants available as part of the Creative Communities Scheme. 

18       Venture Southland manages funding from Creative NZ on behalf of Council and that funding is allocated through the Allocations Committee.

19       There is already a regional arts body in Southland - the Southland Arts Trust.

20       Te Ao Mārama Incorporated supports grants given to EnviroSchools, high value areas, Biodiversity Southland, and Southland Coastal Heritage Inventory Project.  Council is appreciative of that support. 

21       Sport Southland supports the funding for Stadium Southland and supports the Learn to Swim Programme. 

22       Federated Farmers does not believe that destination marketing, community promotions or business development are core council services and if Council is concerned about funding vital infrastructure, such as roading, these activities should be considered for reduced funding.

23       Federated Farmers believes any additional funding for Stadium Southland should be through a UTR.


 

Proposed grants included in the Consultation Document

24       Southland Indoor Leisure Centre Trust has asked for a further $250,000 to help reduce the debt from the rebuild of Stadium Southland.  This grant has been included in the proposed Long Term Plan budget, along with the increase in the annual grant made to the trust for maintenance of the stadium - from $50,000 to $75,000.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 9:  Funding and Grant Requests” dated
12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Determines which grants it will approve or decline:

-     $50,000 a year for the Lakes Air Rescue Trust

-     $10,000 a year for a co-ordinator role for Southland Safe Community Group

-     $250,000 one-off grant to Stadium Southland rebuild

-     $75,000 a year (increased from $50,000) for Stadium Southland maintenance

-     An adjustment to funding for Destination Fiordland

-     Inflation adjusting funding for Venture Southland

 

 


 

Excerpts from Public Submissions on Funding and Grant Requests

 

Submission Number

Comment

23

The financial support sought is a commitment from the three southern councils over three years to the level of $50,000 per council per annum.

 

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 23 in the submissions booklet.

53

Active participation in Safe Communities process.  Request for funding of a
Co-ordinator for the Southland Safe Community Group.  Refer to Submission 53 for details.

88

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 88 in the submissions booklet.

 

The Safe Communities steering group which is made up of representatives from ACC, Police and Fire Service are committed to working in partnership with the three councils to reduce the incidence, severity and cost of injuries and looks forward to providing direct support to the proposed Annual Plan.

 

Comment on the Draft Southland District Council 10 Year Plan: 

Safe Communities:  The steering committee encourages the Council to work towards accreditation under the World Health Organisation (WHO) International Safe Communities (ISC) model and consider committing appropriate resources to this process.  Previously the committee presented this concept at the Mayoral Forum and Council meetings.  This model provides an approach to injury prevention and safety promotion by creating an infrastructure in local communities for addressing injury prevention initiatives through building of local partnerships.  Within the ISC model, the leading role is played by the community itself.  The term "safe communities" implies that the community aspires to safety in a structured approach, not that the community is already perfectly safe.

 

There are currently a large number of key agencies and partners who are already supporting the concept and criteria required to create a safe and healthy community and reduce injuries.  The steering committee believes the Southland District Council should be a key stakeholder and leader in this process and would support the Council partnering with others to improve co-ordination and response to the community's safety issues. 

 

To work towards this accreditation the group needs the support of a local
co-ordinator.  This would mean partial funding of $10,000 from each Council to support this position and support the community to achieve accreditation. 

91

Grants and Donations

Real Journeys believes that the grant to Destination Fiordland should be raised to previous levels of around $26 K and not halved; to allow the region to be promoted appropriately.

101

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No.  101 in the submissions booklet.

 

Environmental health is regarded as a priority area for Murihiku Ngāi Tahu. 
Grants funding to programmes like Enviroschools, high value areas, Biodiversity Southland, Southland Coastal Heritage Inventory Project are supported, these provide for strengthening of environmental health. 

107

Community Services

7.12 - Federated Farmers notes that Council has included an additional $250,000 in the plan to assist with the rebuild of Stadium Southland.  There is also an increase in the annual grant to assist with ongoing maintenance and renewal costs of Stadium Southland, from $50,000 to $75,000.

 

7.13 - Council notes that “as a regional facility, it benefits the whole of Southland”.  As such, we consider that this additional funding should be sourced through a UTR, so that all ratepayers pay the same amount regardless of the value of their property.

 

Recommendation

 

7.14 - Additional funding of Stadium Southland and other Community Services, where the entire community benefits equally, should be sourced through a UTR, so that all ratepayers contribute equally.

 

Funding of Community Development

7.15 - Federated Farmers does not consider that destination marketing, community promotions, or business development are core council services, and the provision of these services diverts funding from the provision of vital infrastructure, like roading.  If Council is concerned about the impact of increasing cost pressures, these activities should be considered for reduced funding.

 

7.16 - In regards to funding, Federated Farmers considers that the correct funding tool for most Community Development activities is the UTR.  However, destination promotion and related activities should be funded as a targeted rate paid only by those commercial ratepayers deemed to receive direct benefit from the promotion of the District as a tourism destination.

 

7.17 - Targeted rates are ideal for the funding of Council activities where there are identifiable direct beneficiaries, and a significant ‘private good’ (as opposed to public good) component to the activity.  Tourism promotion is a good example of this type of activity.

107

7.18 - Council does this with the Te Anau local rate, where a differential is charged on each of the Residential, Commercial and Accommodation rateable properties in the area.  This approach could be easily extended to the entire District for the funding of destination promotion. 

 

Federated Farmers submission to the Southland District Council Draft 10 Year Plan 2015-2025 Page 13.

 

7.19 - Not only is this more transparent and equitable, but it allows tourism bodies the ability to influence levels of expenditure as appropriate without creating issues of affordability for other ratepayers.  A targeted rate also reduces the cost impact of tourism promotion on ratepayers who receive no direct benefit.

 

7.20 - Council justifies using a district-wide rate to fund these activities on the basis of ‘strong spill over benefits from economic development and stronger communities for the District as a whole.  Federated Farmers submits that this is no justification for a lack of targeted rating, especially as neither Council nor Venture Southland have undertaken any analysis to ensure that the value added to the District as a result of this promotion spend exceeds the opportunity cost of rating the money from other commercial enterprises, or from households.

Recommendation

7.21 - We recommend that destination promotion and related activities should be funded as a targeted rate paid only by those commercial ratepayers deemed to receive direct benefit from the promotion of the District as a tourism destination.

111

EnviroSchool programme - Name change to Toimata Foundation as at 1 May.

 

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 111 in the submissions booklet. 

112

For the full commentary see Submission No.  112 in the submissions booklet.

 

4.0 - Support funds being set aside to contribute towards Stadium Southland as a regional asset.

 

Refers to: Community Assistance Activity Profile, P4; Section 2.2 - Activity Profile Highlights and key assumptions Sport Southland congratulates Council for seeing the wider benefits of Stadium Southland as a key regional facility, which benefits the entire Southland community.

 

6.0 - Support for the ongoing grant towards the Learn to Swim programme in Southland.  Whilst this is not referenced specifically in the 10 Year Plan, we would like to acknowledge and thank Council for it’s recent continuation in support of the rural Learn to Swim Programme in Southland.

Sport Southland continues to play a key role in this programme, which is reaching thousands of primary-school aged children in Southland and teaching them potentially life-saving skills.

 

Southland continues to be the only region that provides quality swim instruction to each of its primary aged children regardless of where children live and learn.

113

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No.  113 in the submissions booklet.

 

Creative NZ - Over the years, Creative New Zealand has taken an active interest in local authorities’ strategic plans, and the ways in which they support arts and culture in their respective districts.  We also support the development of specific arts and cultural strategies, to further clarify local authorities’ commitments in these areas.

118

That the Southland District Council provide within the Long Term Plan the lever/trigger to allow for CPI increases if required to Venture Southland. 

 

It would be prudent to allow for CPI but this does not mean that
Venture Southland would automatically receive this figure, as this would need to be justified based on future requests from Council in order to undertake additional work in the region, or to meet financial demands of the organisation during the business planning process. 

 

The addition of this statement would provide consistency, with other councils.  Currently Southland District Council internal services provided to Venture Southland (eg) IT services are CPI adjusted annually from baseline costs which are increasing costs to Venture Southland, and Community Trust of Southland has reduced their operational funding of $200,000 to the organisation during the past two years.

 

 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

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Appendix 10:  Around the Mountains Cycle Trail

Record No:        R/15/4/6292

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       The Around the Mountains Cycle Trail (AMCT) is being built by the Southland District Council, in partnership with the government's New Zealand Cycle Project.

2       Most of the trail will be in the Southland District and the government has approved $4 million to Council for the first stage of the trail - from Kingston to Mossburn.  The opening of this stage was held in November 2014.

3       Consent applications have also been approved for a section beside the Oreti River which forms part of State two of the trail.  These consents have been appealed by Fish & Game New Zealand and will be decided on by the Environment Court.

 

Feedback and Submissions

4       A total of three submitters commented on this issue.

5       Submission numbers which refer to the Around the Mountains Cycle Trail are:  91, 108 and 112.  Full copies of these submissions can be found in the submissions booklet.

6       All submissions supported the construction of the Around the Mountains Cycle Trail on the basis that it supports active healthy communities and would provide recreational opportunities for residents and visitors.

7       Submissions note the likelihood that the Around the Mountains Cycle Trail will attract new visitors and present opportunities for vibrant and successful Southland District communities. However, one submission notes that the draft Long Term Plan 2015-2025 does not contain information about funding and on-going maintenance.  The submitter queries how future resources would be sourced and allocated to continue to support active communities, protect the local environment and maintain the trail.

8       Sport Southland note that the project offers these health benefits and recreational opportunities with minimal impact on other interest groups who use the area in which the trail is located.

9       The Sport Southland submission also requests support for a collaborative approach on the promotion of the trail.  The submission draws Council’s attention to the availability of the Sport Southland events team which could partner with Venture Southland to develop an event to promote usage of the trail in future.

10     Sport Southland also request that a Regional Cycle Way Strategy is progressed and sits within a broader Regional Sport and Recreation Strategy. 

 

 


 

Options

 

Council has previously made the decision to construct the second stage of the cycle trail and consents have been granted, which are currently subject to appeal.  The option before Council is whether to partnership with Sport Southland, or any other agency in the development of the cycle trail.

 

Discussion and Analysis

11     Engagement with Sport Southland forms part of Council’s Letter of Expectation for
Venture Southland.  Southland District Council will provide input through Venture Southland to contribute to the scope of work currently being collaborated on with Sport Southland - especially relating to built infrastructure requirements, geographical coverage and categorisation of trails.

12     Deferring a formal commitment to participation in a Regional Sport and Recreation Strategy and Regional Cycleway Strategy would allow Council to establish the scope of these projects.

13     It is recommended that Council engage with Sport Southland and Venture Southland to undertake further scoping of the project to develop these two strategies in consideration of community outcomes, Council’s role and resources required. 

14     When considering whether to participate in the development of either strategy, Council will need to be mindful of the purpose of local government to 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 (Local Government Act (2002), Section 10).

15     Submitter comments relating to maintenance and on-going costs are noted.  Future costs are being funded by a combination of rates and commission.  A budget of $40,000 for 2015/2016 has been allowed for within the Around the Mountains Cycle Trail business unit.  This budget then increases by an inflation adjustment across the 10 year plan.

16     Funding for trail maintenance will also come from commission charged on bookings made through the Around the Mountains Cycle Trail website.  

17     Venture Southland is currently providing assistance to develop the Around the Mountains Cycle Trail Marketing and Business Plan.  The purpose of this document is to provide a framework to guide the promotion and marketing of the cycle trail.  This will ensure that the trail’s potential benefit can be realised and maximised for the benefit of all.  

18     While the Official Trail Operator (Around the Mountains Ltd) will undertake the operation and promotion of the trail, the Marketing and Business Plan will also provide context so others can understand the approach and where assistance can be provided (eg, by the regional tourism organisations).  The plan has a strong focus on online, direct marketing and social media and acknowledges that the success of the product is dependent upon the overall experience that cyclists have - it is more than just a cycle trail.  Critical success factors affecting this include the customer service provided by Around the Mountains Ltd and other product development initiatives to complement an already very high quality cycle trail
(eg, interpretation panels on the trail and sufficient provision of accommodation).

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 10:  Around the Mountains Cycle Trail” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Agrees to engage with Sport Southland regarding the scope of a project to develop a Regional Sport and Recreation Strategy and a Regional Cycleway Strategy.

d)         Agrees to engage with Sport Southland regarding partnership opportunities for the Around the Mountains Cycle Trail.

 

 


 

Excerpts from Public Submissions on the Around the Mountains Cycle Trail

 

 

Submission Number

Comment

91

Around the Mountains Trail

Further we support the construction and development of stage two of the Around the Mountains Cycle Trail due to the long term benefits this asset will provide the community.  This project will encourage visitors to stay in the northern southland area and spend money in the area; rather than just passing through the area and not contributing to the economy of the area. 

108

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 108 in the submissions booklet.

 

Enabling active communities through the support of the Around the Mountains Cycle Trail and the upgrading of playgrounds is also to be commended.  It is, however, noted that beyond the funding shown in the 2015/2016 budget, there appears to be no provision for ongoing maintenance.  We assume that in future resources will be obtained/allocated to ensure the track, associated facilities and our environment do not bear the consequences of a lack of ongoing maintenance and continue to support active communities.

112

For the full commentary see Submission No. 112 in the submissions booklet.

 

2.0 - Support for the Around the Mountains Cycle Trail. 

Refers to:  Main Document, P17: Around the Mountains Cycle Trail. 

Sport Southland supports the completion of the Around the Mountains Cycle Trail.  We believe this will be a valuable asset for the community, providing excellent recreational opportunities. 

 

We support the completion of this trail, that it showcase the best that Southland has to offer but with minimal disruption to existing recreational groups and activities in the affected area.

 

Collaborative approach:  Sport Southland has an in-house events team that is experienced in co-ordinating and supporting recreational events. 
Sport Southland could potentially partner with Venture Southland to develop an event to promote usage of the trail. 

 

5.1 - Support for the development of a Regional Cycle Way Strategy

Refers to:  Community Development Activity Profile, P3: Joint projects to be delivered over the short-term future. 

 

Sport Southland sees benefit in a Regional Cycle Way Strategy and support the development of such a strategy across all three Territorial Authorities. 
We believe such a strategy would sit well within a wider Regional Sport and Recreation Strategy (as per Recommendation 5.0 in this submission) that identifies existing infrastructure, community interest including current levels of participation and a wider framework of good practice. 

 

112

Collaborative approach:  Strategic region-wide work focusing on sport and recreation is an area Sport Southland is interested in working more closely with Council on in the future.  We would like to be considered as a key partner in the development of any strategic, regional document relating to sport and recreation and would be interested in playing a key role with this work.

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 11:  Curio Bay Wastewater Project

Record No:        R/15/4/6298

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       Council is currently working with Department of Conservation and the South Catlins Development and Environmental Charitable Trust to implement a sustainable long term wastewater treatment solution for the Curio Bay reserve.  This work is part of a wider project to help improve the overall visitor experience at the reserve.

2       Resource consent has been granted for the discharge of treated sewage.  This allows for the construction and operation of wastewater treatment facilities for the reserve with the long term goal of also connecting the wider community. 

3       The treatment solution based on membrane technology would treat the effluent to an extremely high standard which is in keeping with the unique status of the area.  The plant is identical to one operated by the Department of Conservation at its Papatowai campsite further up the Catlins coast. 

Feedback and Submissions

4       A total of 10 submitters commented on this issue.

5       Submission numbers which refer to issues for the Curio Bay Wastewater Project:  26, 43, 63, 64, 67, 87, 90, 101,104 and 106.

6       Submissions regarding this issue are summarised in the table below. The full submissions can be found in the submissions booklet:

Summary of feedback

7       The comments were all in support of the project.

Options

8       Options for funding the balance of the costs were outlined in the draft Long Term Plan
2015-2025.

9       The draft Long Term Plan 2015-2025 included a project in 2015/2016 for the Curio Bay sewerage project at a cost of $970,000.  This was included in the Community Services group in the draft Long Term Plan as the wastewater scheme is being built on a reserve. 

·              Option 1:  Continue with the project as stated.

·              Option 2:  Amend/remove the project.

Discussion and Analysis

10     The project will result in substantial environmental benefits to the area and as there is a large amount of community support for the project, the recommendation is to continue the work.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 11:  Curio Bay Wastewater Project” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Confirms the Curio Bay Wastewater Project proceeds as set out in the draft Long Term Plan 2015-2015. 

 


 

Excerpts received from Public Submissions on the Curio Bay Wastewater Scheme

 

Submission Number

Comment

26

Establish the wastewater system at Curio Bay expediently.

43

We are fully in favour of the Curio Bay sewerage project.  The sooner this can be got under way the better.  This is extremely important to the overall protection of this area.

63

We support the funding of the Curio Bay wastewater scheme and potable water  and connection of crib owners to both.

64

Wastewater for Curio Bay: SCCT support the planned Wastewater scheme as it is vital not only to protect the Environment but to allow us to proceed with our plans to  build a Heritage Centre and upgrade the campground facilities.

67

We support the proposal for the Waihopai/Toetoes Ward to build a sewerage system at Curio Bay.  This is urgently needed.  We hope Council will recognise the need for residents to have the system available for them. 

87

In this submission I also wish to support the wastewater/sewage system that is planned for Curio Bay.

90

Catlins Coast Inc. represents a number of community groups and individuals with strong personal, economic and environmental concerns in the broader Catlins area.

 

Catlins Coast Inc. works to maintain a strong level of communication between the North Catlins and the South Catlins, we are very pleased to have the opportunity to contribute to the consultation process in regards to the Southland District Council 10 Year Plan.

 

Catlins Coast Inc. Is writing specifically in regards to the proposed sealing of the Curio Bay - Haldane Road in Curio Bay and the proposed Curio Bay Sewage System.

 

Issue one - Curio Bay Sewerage System-

The Catlins Coast Inc. objective is to protect and promote the natural environment and resources of the Catlins by working alongside and fostering co-operation between local authorities, relevant government departments and community groups.

 

The Catlins are experiencing a large influx of visitor both domestic and international and the issues surrounding the lack of infrastructure to cope with this increase are very apparent to both local residents and businesses in the area.

 

Curio Bay is a key attraction in the Catlins, our group is increasingly contacted by tourist marketing media groups looking to advertise the Catlins as the South’s hidden gem.

 

The Catlins also has been identified a 'must see' location to international visitors to the South Island, but currently there is an immediate lack of infrastructure to support the increasing numbers.

 

Approximately 100,000 people are visiting Curio Bay each year.

This has place a large amount of pressure on a infrastructure that currently supports only 30 dwellings in the area.

 

Catlins Coast Inc. members have reported a increase in alarming amounts of human waste at key attractions in the Catlins.  With the recent approval of the Curio Bay Heritage Centre, we are very pleased to know that the Curio Bay waste system will provide a desperately needed solution to the challenges that the Catlins environment faces as we look toward an inevitable increase of visitors number to the site.

 

The unique and nationally significant Yellow-eyed penguin population and other sea life are at dire threat from the repeated exposure to untreated human waste.  There is no price that can be put on these precious populations and we urge the Council to continue with the planned sewerage system.

101

The submitter provided a large number of comments on this topic. 
For the full commentary see Submission No. 101 in the submissions booklet.

 

It is likely that the sealing of the Curio Bay-Haldane Road and upgrades in facilities at Curio Bay will increase visitor numbers to the areas placing a strain on the infrastructure.  The Council has foreseen this and are installing a new wastewater plant which is highly commended by Iwi and will benefit not only the users but the outstanding environment, water quality and recreational use.  The wastewater plant should be funded appropriately and any shortfall in costs funded by a loan (page 213).

104

I totally support the proposed funding of the Curio Bay wastewater system.

106

The Southland Conservation Board (the Board) is a statutory body appointed by the Minister of Conservation and established by the Conservation Act 1987 and its functions are set out in Section 6 of that Act, and in the National Parks Act.  The Board's area of jurisdiction is the Southland Region including the Fiordland National Park and Stewart Island/Rakiura.  Its function include advocacy in regard to all conservation-related matters at any public forum or in any statutory planning process. 

It is proposed to establish a wastewater treatment system for the disposal of sewerage for the Curio Bay area.  The proposed scheme will provide for a long term infrastructure to meet the demands of the foreseeable future growth of the area.

 

The Southland Conservation Board wishes to support this proposal in its entirety.

123

To Whom It May Concern

Letter supporting the Curio Bay Sewerage scheme.

The Department of Conservation supports the Curio Bay sewerage scheme.

 

Role of the Department of Conservation

1.      The Department of Conservation manages all New Zealand's conservation land and waters, including recreational opportunities in these areas.  We manage more than one-third of New Zealand's land including our 14 national parks, 44 marine reserves and six marine mammal sanctuaries.  We want New Zealand to be the greatest living space on Earth. This means ensuring New Zealanders gain a wide range of benefits from healthy functioning ecosystems, recreation opportunities, and through living our history.

 

2.      DOC works with a wide range of organisations and individuals to protect native species and special places, and help New Zealanders get involved in conservation.

 

3.      DOC has a leading role in conservation work that contributes to our prosperity, including:

•     managing natural and historic heritage on roughly one third of New Zealand’s land area, as well as marine environments.

•     doing hands-on work with species and ecosystems.

•     managing national parks, high country parks, forest parks, reserves, offshore islands, and historic sites.

•     building and maintaining outdoor recreation facilities.

•     working with tourism operators and others running businesses on public conservation areas.

•     leading conservation research and science.

•     sharing information and partnering with others including iwi, communities, non-government organisations, businesses, conservation boards, and central and local government.

•     advocating for the conservation of natural and historic heritage.

 

4.      Our vision is:  New Zealand is the greatest living space on Earth  Kāore he wāhi i tua atu i a Aotearoa, hei wahi noho i te ao.

5.      Our outcome is:  New Zealanders gain environmental, social and economic benefits from healthy functioning ecosystems, recreation opportunities and living our history.

 

Collaborative Partnership to care for and enhance Curio Bay

6.      In 2012 our organisation entered into a Memorandum of Understanding (MOU) with the South Catlins Charitable Trust and the Southland District Council.  The purpose of this agreement was to coordinate and share the costs of developing much needed infrastructure and amenities at Curio Bay. 

 

7.      DOC values this collaborative approach and our contribution to the overall plan is to provide public toilets (a part of the proposed Natural Heritage Centre), appropriate car parking and walking tracks within the reserve. 

 

8.      This is a significant commitment and investment by DOC in a challenging funding environment and to date we have successfully obtained capital funding approval in principle of approximately $850,000 which will allow detailed design, consenting and tendering to proceed.  It is hoped to construct in early 2016 but this is dependent upon the Natural Heritage Centre and wastewater treatment projects progressing.

 

Growing appeal of Curio Bay

9.      As well as this significant project, DOC has worked alongside the South Catlins Charitable Trust and local community for more than 10 years on this project to develop a Natural Heritage Centre.  During this time, our staff have also looked after and monitored wildlife and fauna.

 

10.    The Curio Bay area is a home to many geological and environmental attractions of international significance, including the 170-180 million year old petrified forest, the adjacent living forest (where walkways are currently being built to provide enhanced recreational benefits), the camping ground and Porpoise Bay beach.  A Mätaitai reserve covers part of Porpoise Bay/Curio Bay coastline.  The Curio Bay Waikawa Harbour/Tuma Toka Mätaitai Reserve was established in 2008, it is also a Marine Mammal Sanctuary.

 

11.    A number of wildlife species are resident or visit Curio Bay and are taonga species for local Iwi.  These include hectors dolphins (papakanua), yellow eyed penguins (hōiho), little blue penguins (kororã), seals (kekeno) and sea lions (whakahao). 

 

 

         Other seasonal visitors to the area include the Southern Right Whale (tohorã).  There is no doubting the increasing appeal of Curio Bay and subsequent growing numbers of visitors.

 

12.    A common threat to all of these species is increased interest in them and their habitat and the need to provide the best visitor management and education as possible.  It is essential that the area can accommodate the needs of these visitors in terms of the provision of adequate infrastructure or there is a risk that there are negative impacts on the local environment.

 

Opportunity for improved visitor management and education

13.    This proposed facility provides an opportunity to enhance the visitor’s overall experience by improving their management and education.

 

14.    The Natural Heritage Centre will act as a ‘hub’ from which DOC staff can operate from.  Every summer we train and support volunteer rangers who are based in the area for up to a month at a time. We support this project because it creates a real opportunity to educate visitors basically “on site” where wildlife are found.

 

15.    The Natural Heritage Centre will provide information and displays which will educate visitors about the area and how to appropriately interact with wildlife.  The building will be accessible for everyone - even less mobile people who cannot negotiate climbing the stairs to the forest platform.  There is an opportunity to tell the story of the area in such a manner (with the use of interactive displays and interpretation) which will appeal to people of all ages, including children.

 

Effects on wildlife

16.    It is the opinion of DOC that local fauna will not be adversely effected by the proposed building.  The potential benefits certainly outweigh the change to the landscape that this project will bring to Curio Bay.  We believe that appropriate planning and investigation has been undertaken by the Trust and the design of a single
multi-purpose building with the public toilets attached will cause minimal visual impact on the landscape.

 

17.    However, it is essential that noisy construction of any building occurs at times of the year when penguins are not breeding or nesting especially in the early stage.  It is also highly recommended that there is further investigation into extending the possible breeding/nesting area for the penguins by creating improved habitat.

 

Location of the Heritage Centre

18.    The DOC support the proposed location of the facility and believe it should have minimal disturbance to local wildlife.  The reasons for this include:

•     DOC staff have had input into identifying an appropriate location

•     The proposed site is situated away from known yellow eyed penguin nests and requires no disturbance or removal of vegetation currently known to be used by them for nesting.

•     The proposed site does not impact on sea lions who visit the area - they prefer to traverse the site at the other end of the reserve (near where the current camp shop is).

•     DOC believe it is appropriate that the facility is in close proximity to our proposed car park and that visitors to the facility utilise this amenity.

•     Being situated at the entry point to Curio Bay is also advantageous as it will help to capture the majority of visitors who are unfamiliar with the area before they visit the forest and interact with wildlife - it is ideally placed to best manage visitors.

19.    The area needs and deserves to be looked after and DOC look forward to continuing to partner with the South Catlins Charitable Trust and the local community to achieve this.

 

Statutory Documents

20.    I consider the Curio Bay Sewerage scheme development proposal will meet the purpose and principles in Part 2 of the Resource Management Act (RMA) as any potential adverse effects of the development will be minor, and the proposed development provides for the matters of national importance detailed in Sections 6(a) to (g) of the RMA.

21.    I also consider the proposed development to be consistent with the relevant objectives and policies of the New Zealand Coastal Policy Statement, the Regional Policy Statement and proposed Regional Policy Statement for Southland and the Southland District Plan.

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 12:  Manapouri Wastewater Disposal

Record No:        R/15/4/6303

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

1        Wastewater projects are district funded.  Local estimates for the Manapouri Community Development Area Subcommittee (CDA) in November included two high value projects discussed at the local estimates meeting.  The first of these projects is the planned upgrade project associated with the application for a new resource consent for the Manapouri wastewater scheme.  The current resource consent expires in September 2024.  The current project is indicated to involve construction of a pipeline between the oxidation ponds and the Council owned land at Kepler. This is based on indications provided by Council in the past in relation to the acquisition of the Kepler block and the need to base an initial budget estimate on a potential option. The value of this project is approximately $1.55 million.

2        The second project has been included in the project schedule for the first time as part of the draft Long Term Plan 2015-2025.  It is a continuation of work to desludge all of Council’s oxidation ponds.  The value of this project is around $880,000.

3        At the local estimates meeting, the Manapouri CDA expressed a preference for an alternative disposal option.  Council officers indicated that the current preferred option was for disposal to the land at Kepler and that the project estimate had been drawn up on this basis but that the CDA could seek to have the project description amended through the Long Term Plan submissions process. In that way there would be a Council decision to support the change. 

4        Since the ward estimate meeting in November, the timing of these projects has been amended.  The projects have been spread to better reflect the time required to complete these projects. A final decision on whether the current identified option or an alternative option is implemented will need to be made closer to the expiry of the current resource consent in 2024. At that time Council will need to identify and evaluate the range of reasonably practicable options before it makes a final decision about the option to be pursued. As a result there is no absolute need for Council to be specific at this stage. What is important is that an allowance is made for renewal of the current consent and for implementation of any new capital works that may be required at that time.

5        Currently, the following projects are listed in the draft Long Term Plan 2015-2025 - see attachment.

Feedback and Submissions

6        Two submitters commented on this issue: submitters 83 and 91.

7        A submission received from the Manapouri CDA Subcommittee has expressed concern over future upgrades of the Manapouri Wastewater Scheme.  Concerns relate to the project itself and to its funding.  The CDA states that it has not been adequately consulted regarding this issue.  As a result, the CDA has opposed the Manapouri wastewater upgrade outlined in the Long Term Plan.

8        A comment in support of funding the Te Anau and Manapouri wastewater projects to improve treatment processes and prevent the discharge of contaminants was also received.

9     The full submissions can be found in the submissions booklet.

Options                                   

10      Council could choose to:

·                      Option 1:  Amend the draft Long Term Plan wording to make it clear that a final decision on the option to be pursued will be made prior to expiry of the current resource consent in 2024; or

·                      Option 2:  Not provide further details in the Long Term Plan.

 

Option 1:  Amend the Long Term Plan and supporting documents to reflect that further details regarding this project will be made available as Council progresses through the resource consent process

Advantages:

Given that Council has not received consent for these projects, details listed in the draft
Long Term Plan at this stage are purely indicative.  The information contained in the draft Long Term Plan 2015-2025 has been included to signal that work is expected as a result of applying for a resource consent.

Disadvantages:

There are no significant disadvantages to this option.

 

Option 2:  Not amend the Long Term Plan

Advantages:

Since projects have not received a resource consent, information contained in the draft
Long Term Plan is indicative at this stage.  As such, the wording indicates the need for these projects to occur in future and shows the corresponding budgeted amounts.  While there is no particular advantage to the current wording, it would not significantly influence the process of identifying the options available and obtaining resource consent in future.

Disadvantages:

At this stage, Council does not have sufficient detail to provide further information on these projects.  It is intended that further consultation would be undertaken regarding these projects prior to applying for resource consent. 

 

Community stakeholders may have remaining concerns regarding the scope and funding of the Manapori wastewater project.  However, engagement with Council on this issue is not limited to Long Term Plan consultation.  Stakeholders will have the opportunity to engage during future consultation on these projects, as the options are scoped and a decision made about which option to pursue.

Discussion and Analysis

 

         Upgrades in relation to application for a new resource consent

11      The current resource consent for the Manapouri Wastewater Scheme expires in
September 2024.  The current discharge from the oxidation ponds is to Home Creek which flows into the Waiau River close to Pearl Harbour.  Given the sensitive nature of the receiving environment, it is reasonable to assume that the continued discharge would not be the favoured option amongst some stakeholders.  Although it is currently planned that the discharge is pumped to the Kepler block, other options will be considered as part of the development of the resource consent application.

Oxidation pond desludging

12      The proposal to desludge the oxidation ponds is required to maintain the performance of the ponds.  As long as it is planned to retain the ponds, this project is required to ensure operational functioning.  Council is currently in the process of desludging a number of other oxidation ponds throughout the District.  This project is a continuation of that work.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 12:  Manapouri Wastewater Disposal” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Amends the current wording in the draft Long Term Plan 2015-2025 and supporting documents to make it clear that further detail on the scope of the Manapouri wastewater discharge project will be determined closer to the expiration of the current resource consent for the Manapouri treatment site. 

 

 

 


 

Excerpts from public submissions on planned Manapouri Wastewater upgrades

 

Submission Number

Comment

83

Manapouri Wastewater Project:

In the 10 Year Plan, there is expenditure of $2,722,051 for Manapouri. 

 

Wastewater Upgrade, between the years 2017 and 2025.  There is no commentary as to how this expense is to be funded, or the Project itself.

 

This planned Project or Projects have not been discussed with the Manapouri Community Development Area Subcommittee at all. 
We therefore have no knowledge as to what is entailed.

 

When Ian Evans was asked at a Manapouri Community Development Area Subcommittee meeting, he said it was for the replacement for the consent which expires in 2024, and that it was considered that Manapouri Sewage would connect with the Te Anau Sewage at the Kepler Block. 

 

He was advised that the people of Manapouri do NOT want to pump their sewage to the Kepler Block, and that the wastewater could be discharged closer to Manapouri.  He said he could not comment on alternate proposals for Manapouri wastewater as it forms part of the Te Anau consent application presently under application. 

 

When asked to look into securing some land close to Manapouri, he said he would not look into any alternatives for Manapouri until the consent for Te Anau was finalised.

 

The projected expenditure figures for Manapouri wastewater have changed quite significantly from those presented three years ago in 2012.

 

It is the view of Manapouri Community Development Area Subcommittee that the projected expenditure of $2,977,617 is extremely excessive for an upgrade of the Manapouri Wastewater System, and one the Manapouri Community Development Area Subcommittee has no knowledge of.  It is our contention that a project with expenditure of this magnitude should have received full consultation with the people of Manapouri before it was included in the 10 Year Plan.

 

The Manapouri Community Development Area Subcommittee therefore can only be against this Manapouri Wastewater Project as set out in the 10 Year Plan 2015-2025.

91

Mararoa/Waimea Ward

 

Real Journeys supports the proposed financial contributions to Te Anau and Manapouri water supply and wastewater projects to ensure there are not contaminants discharged into the waters of Lake Te Anau and Lake Manapouri.

 

Attachments

a         Manapouri Wastewater Projects for 2015-2025 View    

 


Council

19 May 2015

 


Council

19 May 2015

Description: sdclogo

 

Appendix 13:  District and Local Issues and Comments

Record No:        R/15/4/6420

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Synopsis

District

1       A total of 15 submissions were received relating to district issues and comments. 

2       Submission numbers which include district issues and comments are: 1, 5, 13, 25, 26, 38, 48, 58, 63, 64, 71, 91, 98, 101 and 114.

3       Submissions regarding district issues are summarised in the table below.  The full submissions can be found in the submissions booklet.

Local

4       A total of 16 submissions were received relating to local issues and comments. 

5       Submission numbers which include local issues and comments are: 1, 12, 15, 16, 17, 22, 27, 28, 29, 40, 42, 55, 56, 58, 59 and 80.

6       Submissions regarding this issue are summarised in the table below.  The full submissions can be found in the submissions booklet.

7       District Comments

 

Topic

Council Officers’ Comment

1

Submitter suggests the demolition of the concrete toilet outside 340 Colac Foreshore Road and the construction of a new facility closer to the boat ramp.

At this stage there are no plans to upgrade or replace this facility in light of a new toilet that will be provided at Surfies Corner and the construction of new toilets at the Colac Bay Playground in 2015/2016. 

 

Further, the existing facility is partly located on private property subject to a subdivision consent which also includes provision of water supply to the toilet.  Future replacement of this facility will be considered once these issues are fully resolved.

5, 58

Roads and Footpaths

Submission requested to tar seal roads  that are badly affected by dust nuisance or pay half of the cost of oil suppression for the properties that are badly affected by dust nuisance. 

 

Submission suggested that Council move to providing footpaths on only one side of the street to reduce ongoing maintenance costs.

Dust Suppression

Council is actively seeking a viable solution for Road Dust suppression and is one of the few local authorities still permitting oil treatment to suppress dust.  It is unknown how long this option will be available because of concerns held by Environment Southland. 

 

Currently, Council’s Transport Department has the power of review during the permit application process.  If commercial transport operators are determined to be generating the majority of dust Council can establish whether the operator is willing to contribute to dust suppression. 

 

Dust suppression interventions cannot be undertaken without a permit from Council’s Area Engineers.  A permit is required because of safety considerations and because oil based dust suppression requires the appropriate signage.  Safety considerations include risks arising from oil mixing with rain.  This can result in a slippery surface and can cause serious crashes.  If oil is applied without a permit from Council, the person who applied the oil may be liable. 

 

Location of Footpaths

Council’s Community Boards make decisions regarding the location of footpaths and the corresponding amenity and safety features.  Determining amenity may be part of a broader decision making framework including the look and feel of a township. 

 

A one sided footpath may also have safety implications by creating more crossings in congested areas - such as near schools.

5, 58

Funding Community Halls

Submitters suggest that rates should not be collected for community halls that are no longer being used or are used infrequently.  Submissions state that the actual use of the halls should be looked at - not the potential for use.

One submission specifically mentions Otahuti Hall, which is not a Council owned hall. 

 

 

 

 

 

However, for Council owned facilities the Asset Management Plan states that any decisions to close under-utilised facilities, or those where retention and maintenance costs make them unviable, will be driven by the local community to make the relevant recommendations to Council. 

 

Ohai Community Development Area Subcommittee Comment

At this point in time the Community Development Area Subcommittee is of the opinion that the community hall is a local asset that should be maintained.  This is reviewed periodically.  The Community Development Area Subcommittee is mindful that once an asset is relinquished it is very difficult to replace, should the need arise.

25

Wheelie Bin Collection

Submitter suggests that to save cost yellow wheelie bins are collected monthly.

The current service provides for the collection of rubbish and recycling bins on alternative weeks, with the recent customer survey showing a high level of satisfaction with the current level of service provided.  The frequency with which people need to put their bins out for collection varies depending on a number of factors including the number of people in a household, amount of recyclables they produce etc. 

 

Given the high presentation rate every fortnight it is unlikely that those with larger families who produce higher volumes of recycling would not support monthly collections. 

 

A reduction in the service to monthly collection would still require the same number of collection trucks to service the district and hence be unlikely to save significant costs. 

26, 38, 63, 64, 101

Freedom Camping

Submitters expressed support for a bylaw to regulate freedom camping in the Waikawa Domain because of loss of revenue to camping grounds, rubbish left by campers and environmental impacts of this activity.

 

There was also a suggestion received to upgrade facilities at Weir's Beach for freedom campers and to cease camping on DOC land above Fortrose golf course on headland because it is dangerous and culturally sensitive.

Council is aware of some concerns regarding freedom camping in the Catlins area generally, and more specifically concerns with regard to the use of the Waikawa Domain for freedom camping, particularly by non-self-contained vehicles. 

 

In March 2015, the Council's Policy Review Committee discussed this issue in detail and resolved to request that Council officers undertake further work on this issue with a view towards amending the Camping Control Bylaw 2012. 

 

Amendments may create further controls on freedom camping in this locality.  This work is being progressed by Council officers and would proceed through the public consultation process in due course. 

 

The Policy Review Committee noted that it is important that individual sites are not considered in isolation, as doing so can have the effect of shifting a problem from one site to another.  The Policy Review Committee also commented that it did not wish to impose unnecessarily onerous levels of control District-wide to address localised problems. 

 

Council does not regulate freedom camping on conservation land and the concerns about the land near Fortrose Golf Course should be directed to DOC. 

48

Relocation of Wyndham Recycling Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submission suggests that recycling facility for Wyndham be moved outside of the dump facility to encourage its use and limit illegal dumping.

Currently, recycling facilities are located within the Wyndale Transfer Station where they are controlled by the site operator during opening hours and are consistent with recycling facilities at the other six transfer stations across the district. 

 

Installation of additional recycling containers such as those at Te Anau, Lumsden and Riverton transfer stations would be required to be funded by the local community as was the case with the others.

 

 

Edendale-Wyndham Community Board comment

The practicality and feasibility of this locally funded option will be investigated further.  The anticipated costs involved are approximately $40K and resource consent must also be obtained.  Note that this may not prevent illegal dumping, particularly of greenwaste, however it is understood that many people in the surrounding rural area do not have roadside recycling available to them, and having an externally accessible bin system would be beneficial to those ratepayers.

91

Milford Community Trust

 

The submitter expresses concern that the Milford Community Trust has struggled to obtain funding for financial support, planning and development of the Milford Sound Emergency Response Team. The submitter requests that Council continue to fund the Milford Community Trust and in particular the Milford Sound Emergency Response Team. 

 

The submitter also has concerns regarding the overheads of the Milford Community Trust and contends that Council should fund the Trust on an ongoing basis to avoid costs falling to tourism operators.

The Milford Community Trust’s current sole source of income is from concessionaires' fees, and the Trust is conscious of seeking to keep these fees at reasonable levels. 

 

Insofar as the Milford Sound Emergency Response Team (MERT) is concerned, the Trust supports this organisation financially, and when Milford Community Trust funds are not available the Trust applies for grant monies through various external funding agencies. 

 

For years 2015-2018 the Trust has allocated $37,000 per year to assist towards the operations of MERT.  MERT is managed through the Southern Rural Fire Authority. 

 

The Trust is investigating options and opportunities for future funding.  This investigation is to be carried out in the immediate future and one option for consideration would be partial or total funding of the Milford Community Trust. 

98

Tuatapere Water Supply Upgrade

The submitter requests that funding for Tuatapere water supply upgrade be funded by Meridian Energy.

Meridian Energy contributed to work in relation to the Tuatapere water supply facility in 2011.  Since all of the community uses the water system it is appropriate for the entire community to contribute to any capital work relating to the system.

101

Engagement with Māori

The submitter supports Council’s efforts to foster Māori capacity through regular engagement, maintaining existing protocols, commitment to funding and the continued acknowledgement of Māori cultural landscape through the commitment to display Māori taonga at Council offices. 

 

The submitter also supports the environmental health goals of Council.

The Council considers that engagement with Māori and with Ngāi Tahu as the tangata whenua for Murihiku is extremely important for the future of the District and in terms of giving effect to the partnership relationship. 

 

71, 91 and 101

Te Anau Sewerage

One submitter opposes the scheme and two are in support but want to ensure that no contaminants are discharged into the lakes.

Consent has been granted for discharge of the treated wastewater from Te Anau to land at Kepler farm north of the airport runway. The decision is currently the subject of an appeal, the outcome of which will not be known for some time. 

 

As part of the consent application Council prepared an assessment of Environmental Effects (AEE) which demonstrated that effects to surface and groundwater were less than minor.  This document formed a key component of the application and the Commissioner’s decision to grant the consent. 

98

Environmental Issues: 

The protection of soils for food growing, biodiversity protection and water values are of paramount importance.  Urban sprawl, intensive farming, upper catchment and riparian protection require co-operative decision-making with Department of Conservation and Environment Southland.

The Council has considered this issue closely as part of the review of its
District Plan, and has sought to encourage consolidation of future urban development around existing settlements to minimise loss of productive land, while noting that there is reasonably strong ongoing demand for rural-residential lifestyle blocks. 

 

The Council works closely with Environment Southland and the Department of Conservation around issues associated with the management of indigenous biodiversity and has liaised with both agencies in the formulation of District Plan content relating to biodiversity. 

98

Supports Dark Sky Light Up, which can be introduced as part of any maintenance plan.

 

Council considers lighting issues closely when either replacing existing street lights or considering lighting proposals for new developments.  The Council seeks to promote and encourage energy - efficient lighting which is designed and cowled to minimise loss of amenity to neighbouring properties and to maintain, as much as is practicable while still fulfilling safety functions,  dark sky views.  However, at this stage, the Southland District Council has not gone as far as some other councils, such as MacKenzie District Council, in advancing this concept. 

98

Supports the use of local funding to retrofit houses and other buildings for energy efficiency, conservation and healthy outcomes is urgently required. 

The Council concurs with the submitter on the value of this in principle, and has supported this financially through its ongoing support for the Southland Warm Homes Charitable Trust which provides such retrofit programmes.

98

Government decisions regarding regional futures without local, meaningful consultation continues to impede progress in environmental protection.  Intensive dairying loss of soil and water values on the plains and increasingly in hill country areas put pressure on any remaining wetlands, bush and forest where native birds and other creatures are fully protected but not their habitats. 

 

The Council should work with Environment Southland and the Department of Conservation to help and encourage landowners to continue to protect our biodiversity.

 

Council already works with Environment Southland and DOC and other agencies to encourage protection of indigenous biodiversity and has co-funded the Biodiversity Southland co-ordinator with Environment Southland and Landcare for many years, whose role is to work with landowners to encourage protection of biodiversity on private land.  With regard to the level of landscape protection which is appropriate to Southland District, the Council undertook consultation on this matter as part for the District Plan review.  While the Southland District Plan does not contain as high a level of landscape protection as some other district plans
(eg Queenstown Lakes District), it reflects the level of landscape protection sought through consultation on this issue via the District Plan process. 

114

Similarly, there is mention about the need to improve energy supply for Stewart Island.  Is this an opportunity to look at ‘renewable’ energy self-sufficiency options for the Island?  The price of renewable energy supply options has been coming down recently; in the 10 year time frame it could be a very competitive option?  What is the status of the Venture Southland Renewable Energy Project?

A study is currently being carried out at three sites on Stewart Island to measure the potential for alternative energy sources to generate electricity.  The three sites are being used to monitor solar, wind and hydro potential. Analysis of the data collected over a period of time will inform decision making about future options.

Local Comments

 

 

Topic

Council Officers’ Comment

1

Water Assets

The list of Water Assets does not include the Colac Bay Boat Ramp.

This boat ramp has never been identified as a Council asset and has not been included on that basis.  Follow up enquires will be made with Environment Southland to try and ascertain historical ownership and responsibilities.

1

Otautau Camping Ground

Submitter states that upgrades for the Otautau Camping Ground should be removed on the basis that should not be in the business of running camping grounds. 

Community Board will consider this submission when making the final decision on whether to proceed with the project or not.

12, 15, 16, 17, 56,

80

Riverton Grandstand

The Riverton/Aparima Community Board request the following change to the Parks and Reserves Schedule of Projects for the Riverton/Aparima Community Board 2015/2016. $100,000 labelled as Grandstand Work be renamed to a Replacement Grandstand Facility.

 

Submissions of support have been received from:

·          The Southland and Otago Axemens Club;

·          Riveria Touring Car Club;

·          Riverton Athletics Club;

·          Aparima College; and

·          Riverton Rugby Club.

Council officers support the recommended change in wording which better reflects the scope of this project. 

22,40, 42, 59

Community Facilities in Edendale and Wyndham
One submission suggests putting money into Wyndham hall instead of Edendale.  The submitter states that there is no need for a hall in both townships. 

 

Several submitters suggest the construction of a walkway or cycleway between Edendale and Wyndham to enable better use of the joint facilities and increase road safety.  Submitters also suggest an annual event to promote such a trail. 

 

 

 

Wyndham school seeks to have the footpath outside the school sealed because of the high volume of use and safety concerns.

 

Edendale Primary School supports the development of a large community facility on the recreation grounds stating that its proximity to the school would mean that it would be well used. 

The Edendale facility proposal is not to construct another hall, rather what is proposed is a smaller multi use community centre facility.  The community owned building in these two townships with a large auditorium will be the Wyndham Town Hall.  Edendale Primary School support for a community facility is noted.

 

 

 

 

 

 

 

 

 

Edendale-Wyndham Community Board comments.

No money is being invested into the Edendale Hall, which has been officially closed.  The proposal for a shared development at the Edendale Recreation reserve (upgrade to an existing building) is currently supported by grant funding, which cannot be used for alternatives such as the Wyndham Hall.

 

This idea is proposed and included in the "Southern Southland Community Plan" documentation.  The Community Board supports the idea and has requested that investigation into likely location options, costing etc be developed.  The main concern is funding.  This project is likely to be included in the next revision of the Long Term plan, once likely costs are known.

 

The Community Board acknowledges that it would be preferable to have a sealed path rather than gravel, in this high use area of town.  Affordability of maintaining all existing pathways is a great concern for the Board, and having a full footpath condition rating report will help decisions regarding the prioritisation of footpath renewal works between the two towns.

 

Thank you for noting your support of this proposed project.

 

Thank you for noting your support of this existing rate and the success of its utilisation at the pool.

28

Renaming Te Anau and Manapouri

The submitter suggests renaming Te Anau and Manapouri to Lake Te Anau and Lake Manapouri promote the communities and attract visitors. 

There is a formal protocol to go through to change the name of a town. Council officers would need to investigate and report back if Council wanted to pursue this proposal.

29

Request for support:  Community Business Group

Te Anau Support Groups request assistance in supporting local businesses. 

Groups are welcome to attend Community Board meetings and present ideas in the Public Forum section of the meeting.  Prior notice has to be given to the secretary.  The relevant Community Development Officer from Venture Southland will be present too and so hear the discussion.  That creates an opportunity for the Board to agree on some action or actions and request officers undertake work or studies in response to the request.  The proviso is that the request is in line with the Board’s responsibilities and delegations.

27

Submitter states that airport needs funding and marketing.  Wants airport to be a business and tourist hub.

 

Whilst the advantages of marketing the airport available land options appear obvious the roles and responsibilities and objectives of this are not defined.  Recent work on the development of a strategic plan for the airport has begun to identify opportunities but this work is not at a point where the costs and benefits of expenses such as marketing can be identified.  The finances of the airport operation are tightly controlled and marketing of the current facilities is carried out within those budgets.

 

The Te Anau Community Board has the ability to consider proposals for marketing expenditure as the year progresses as and when the costs and the benefits are understood.

 

Venture Southland comment

Destination Fiordland promote the airport in its visitor guide and the website, and if the airport has any news, sends it out.

55

Public toilet:  Dipton

The submitter has made a request for a public toilet in Dipton.  The submitter queries local spending on other services and facilities. 

The draft Long Term Plan 2015-2025 proposes a new public toilet in Dipton in 2015/2016. 

 

Other proposed spending on the Dipton hall is for projects to maintain the structure and integrity of the building asset.

58

Community facilities:  Ohai

The submitter suggests the closure, sale or demolition of community housing in Ohai.

 

 

 

 

 

 

The submitter opposes recladding the Ohai Hall in 2022/23 because other facilities could be used in place of the hall.

All community housing units in Ohai are currently tenanted. 

 

Ohai Community Development Area Subcommittee Comment

There is a demand for this facility as is confirmed by the occupancy rate.  The situation is monitored on a regular basis.

 

Although the Ohai Hall recladding has been budgeted, closer to the time when this is due to occur the Ohai Community Development Subcommittee will decide if project worth undertaking or not after considering use of the building versus cost to proceed.  The decision-making process at that time may include whether retention of the facility is beneficial or not.

Additional Comments

8       The tables above do not include all comments made about district and local issues, only those which require actions, decisions or comments from Council. 

9       All other comments raised in submissions relating to local and district issues have been noted. 

Council Officers’ Submissions:

 

Area/ topic

Amendment required

Tokanui stormwater renewals and repairs

Renewal of a section of stormwater main culverts is required in the next three to five years.  The line currently piped under the fire station will require replacement and will need a new alignment and access chamber which will not go under a building.  The estimated cost of this project is approximately $48,000.  It is proposed that this is funded 50% from general reserves (predominantly accumulated from former Stormwater Monitoring fees) and 50% from a loan funded over 15 years. This amendment would require changes in the Stormwater Asset Management Plan.

Winton - Heavy Traffic Bypass

10     It is requested that the Winton Heavy Traffic Bypass feasibility study project is removed from the draft Long Term Plan 2015-2025.  This proposal was supported by the Community Board at its meeting on 2 February 2015. 

Woodlands Community Development Area Subcommittee - gravel footpath and walking track

It is requested by the Woodlands Community Development Area Subcommittee that the gravel footpath Woodlands South Road Project scheduled in 2015/2016 is removed and funding for this is placed in reserve.  It is also requested that funding for a walking track project is added in 2016/2017. 
The estimated cost of this project is between $75,000 and $90,000. However, this project may qualify for partial community funding.  The project is supported by the Woodlands Community Development Area Subcommittee. 
It is requested that a project for $75,000 is included in the budget with $35,000 funded from Woodlands general reserves and the remainder funded from grant income. 

Addition of Two Wastewater Projects in Riverton

The addition of two additional wastewater related projects within Riverton - due to health and safety requirements.

 

As outlined below:

1.     Riverton WWPS RPZ Project - $50K year to complete 2015/2016.

2.     Riverton WWMH Dropper Renewals Project $80K year to complete 2015/2016.

 

 

Recommendation                           

That the Council:

a)         Receives the report titled “Appendix 13:  District and Local Issues and Comments ” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter. 

c)         Agrees to refer submission 1 on the Otautau Camping Ground to the Otautau Community Board.

d)         Agrees to an amendment to the draft Long Term Plan and associated budgets and documents to replace the “Grandstand Work” project with the specified  “Replacement Grandstand Facility” project.

e)         Agrees to an amendment to the draft Long Term Plan and associated budgets and documents to add the specified Tokanui renewal stormwater projects.

f)          Agrees to an amendment to the draft Long Term Plan and associated budgets and documents to remove the Winton Heavy Traffic Bypass feasibility study.

g)         Agrees to an amendment to the draft Long Term Plan and associated budgets and documents to remove the Woodlands South Road project and add the specified walking track project.

h)         Requests Council Officers to investigate the protocol of changing the name of a town and report back if Council is interested in pursuing a possible name change.

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 14:  Operational Matters

Record No:        R/15/4/6301

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Synopsis

1       This report includes submissions where submitters have made requests relating to specific operational matters which will not impact on proposed levels of service.  The relevant Council business units will review the submissions received and consider steps that can be taken in response.

2       A total of seven submissions were received relating to operational matters. 

3       Submission numbers which relate to operational matters are:  1, 34, 59, 66, 73, 119 and 125.

4       Submissions regarding operational issues are summarised in the table below.  The full submissions can be found in the submissions booklet:

Submission numbers

Issue raised

Council Officer’s Comment

34

Workmanship, causeway to main bridge to Riverton

The point is noted regarding the causeway to the main bridge in Riverton. However, as this is a State Highway Council is not the Road Controlling Authority and has no jurisdiction.

59

Pedestrian crossing request in Edendale

Request 50 and 70 km signs in Edendale

1.   The submitter’s point is noted and will be investigated and assessed in line with national guidelines for establishing pedestrian crossings when State Highway 1 is realigned.

2.   A speed limit review was completed in May 2014 in line with the Setting of Speed Limit Rules 2003.  This took account of the new development along this road as well as the new subdivision.  The outcome of this review was that no change is warranted at this point in time.  This section will continue to be monitored as development occurs.

1

Requests for resource management legal work to be put out to tender.  Suggests there is a conflict of interest with legal representation being provided to Southland District Council and Environment Southland by Barry Slowley.

The Council has an existing long-standing arrangement for resource management legal services with Barry Slowley, who has provided a high quality and cost effective legal service for Council over many years and who hence holds considerable organisational knowledge and broader knowledge of Southland . 

 

This has delivered significant benefits to the organisation and the ratepayer as compared to some other legal adviser who may need to be briefed in considerably more detail in order to fully understand the District context to the extent of Mr Slowley, with associated time and costs involved in such upskilling.  Council does not exclusively use Mr Slowley for all its legal advice and has sometimes used other legal advisers who may hold specialist knowledge in areas such as commercial law and employment law.  

Council also benchmarks Mr Slowley's charge-out rate against other similarly qualified and experienced legal consultants and is confident this represents good value to the ratepayer.  With regard to the concern of the submitter that Mr Slowley has a conflict of interest by acting for both Southland District Council and Environment Southland, the Southland District Council is aware of this, and has actively sought to manage this arrangement to avoid any real or perceived conflicts over the years.  Mr Slowley himself has also been proactive in flagging to Council any situations where he is unable to act for Southland District Council due to conflicts with his advisory role to Environment Southland or with any other parties who are in his client base.

66

Resource Management legal representation

 

Council should make the provision of Resource Management legal services to it contestable and subject to a written contract and performance measures and protections from conflict of interest.  The current arrangement, where  the same sole practitioner  does all RMA legal work for both Southland District Council and Environment Southland, (including without any contract for services, performance measures, monitoring or conflict of interest policy) should not continue.  

The Council has an existing arrangement with Barry Slowley and is satisfied that this arrangement provides a robust and costs effective service, and that appropriate arrangements are in place to deal with any conflict of interest issues as raised by the submitter.  The Council hence has no immediate intention to revisit this arrangement, although it does have an alternative arrangement with another resource management legal practitioner to provide Resource Management Act 1991 legal advice, should Mr Slowley have a conflict of interest in any given situation. 

73

Roading - Suggestion that Mersey Street in Fortrose be sealed please.

At present there is no funding available for seal extensions on low volume roads.  Subsequently there is no programme for the sealing of unsealed roads.  An actual traffic count was done in June 2014 which had an average daily count for the week of 36 vehicles per day. The average annual daily traffic (AADT) is set at 40 vehicles per day (vpd) as part of determining the use of the road which in term is used to establish levels of service and prioritising maintenance requirements.  The current focus is on maintaining the existing roading asset base particularly with a reduction in the funding assistance rate from NZTA in coming years.

119

Grade gravel roads at Frasers Beach, Manapouri

Gravel roads are highly dynamic in nature and their condition can rapidly change depending on use and weather conditions.  Gravel being pushed to the side is a common occurrence on gravel roads and is particularly common in wheel lanes.  This road has a 30 km/hr speed limit and will have new signage installed to reflect this.  Lower speeds should assist with slowing degradation. 

 

The new signage will be installed to reflect the 30 km/hr speed limit in May 2015.

At present the widening of bridges as standalone project cannot be economically justified however Council will investigate the option of carrying out the most cost effective safety interventions based on priorities and funding.    

125

Seal Roslyn Road

At present there is no funding available for seal extensions on low volume roads.  The sealed section of Roslyn Road has an average annual daily traffic (AADT) of 120 vehicles per day, and the unsealed road has an AADT of 80 vpd.  The last count on the sealed section was done at the end of 2012 and 2009 on the unsealed section.  The AADT is one of the factors used to establish levels of service and prioritising maintenance requirements. 

There are approximately 90 km of unsealed road in the district with an AADT above 90.  It is very difficult for Council to obtain NZTA funding for seal extensions due to funding criteria requirements.  The current focus is on maintaining the existing roading asset base, particularly with the continued reduction in funding contribution from NZTA.

 

1     Recommendation

That the Council:

a)         Receives the report titled “Appendix 14:  Operational Matters” dated 12 May 2015.


 

 

Submission Number

Comment

 

34

Hold the contractors accountable for the shocking workmanship.  They should not be paid.  Why is there so many failures in their pothole filling and resealing?  Who checks the work?  "Don't pay until work is up to Code".

 

Why when there is a roading problem pointed out, namely the causeway to main bridge to Riverton, I've pointed this out and now the delay in Opus not acting on this is going to cost mega dollars to fix when if they last asphalted this it would have fixed the problem and stopped water from penetrating the base.  Listen to what people have to say and open your eyes and use your common sense. 

 

59

Should State Highway 1 be realigned we would love to have a pedestrian crossing placed from the school to the recreational grounds.  We think a good place would be near the cenotaph as it is away from the school's main entrance and way from the pool's entrance.

 

To make it safer for the children of Edendale we would propose that the current 50 and 70 km signs that are positioned on the way to Wyndham (as you exit Edendale) be reviewed and changed.  We would like to see the 50 km sign shifted to the 70 km sign and then the 70 km sign pushed out from there into somewhere new.  There are large logging trucks that come into Edendale from Wyndham, carrying substantial loads and their speeds are still to high by the time they are in the 50 km zone.  Further, with the new subdivision housing is now were there once was paddock. 

We support the Bookbus and love that it has included the school in as part of its regular rotations.  We would love to see this continue.

 

119

Grading of gravel roads needs close inspection as Frasers Beach Road in Manapouri has had a very poor standard of grading - the gravel is being pushed to the side leaving bare patches on the road.

 

The one-way bridges on the Blackmount Road ideally should be widened but clearing of obstructive vegetation would go somewhere to improving safety.

 

125

To the Southland District Council from the Roslyn Road residents:
Again it is the time to put in a submission to have our road sealed.  Over the last eight years we have seen changes on the road - more homes built, children born and one or two of our elder residents shifting or passing away.  Time goes on.  The road changes too - made wider, graded more often, trials with dust suppression.  It still remains a pot holed, dusty, muddy road.  Oil has been used by some of the residents but oil is a pollutant.  In some areas of New Zealand there are bylaws to prevent oiling of roads.  Recently a by-election was held in Northland which highlighted the plight of the regions.  Perhaps now there is an opportunity to ask the government to put more funds into Southland roads.  Southland is an exporting province and needs a good road infrastructure to aid getting its produce to markets.  Dust is a health hazard.  Although it is a nuisance to have dirty cars, dust in the air and on our roofs and so into our water is not good for our health.  Please seal our road - Roslyn Road. 

 

66

Submission asks:

·          Council should make the provision of resource management legal services to it contestable and subject to a written contract and performance measures and protections from conflict of interest.  The current arrangement, where the same sole practitioner does all Resource Management Act legal work for both Southland District Council and Environment Southland, (including without any contract for services, performance measures, monitoring or conflict of interest policy) should not continue. 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Appendix 15:  Performance Measures

Record No:        R/15/4/6295

Author:                 Susan Cuthbert, Strategy and Policy Manager

Approved by:       Steve Ruru, Chief Executive

 

  Decision                             Recommendation                        Information

 

  

 

Issue

Background

1       The Council’s performance management framework includes a number of components. It shows how each of Council’s activities contribute to achieving Council’s outcomes (through its aim and rationale), the levels of service it will provide and then how it will monitor performance (through Key Performance Indicators (KPI) and associated targets for each activity). 

2       The performance management framework shows how each group of activities contributes to the community outcomes, what levels of service will be provided, how performance will be measured, KPI and what the Council’s targets are.  It also shows where the data for measuring the KPI will be obtained from. 

Consultation

3       Council released the performance management framework was adopted on 18 March as a supporting document for the draft Long Term Plan 2015-2025. 

Options

4       Option 1:  Confirm the performance management framework adopted by Council on 18 March 2015.

5       Option 2:  Amend the performance management framework as per received submission. Considerations when deciding on the proposed option.

Feedback and Submissions

6       One submitter commented on Council’s performance management framework.

7       Submission numbers which refer to performance measures are:  1.

8       The submission regarding this issue is summarised in the table below.  The full submission can be found in the submissions booklet:

Summary of Feedback

9       The submitter wanted more detail around responsiveness for the Resource Management level of service “responsiveness”. 

10     The submitter asks that all ratepayers complete the survey that measures the performance of the Representation and Advocacy activity.


 

Discussion and Analysis

11     The level of service for the Resource Management activity is set at “Responsiveness”. All public complaints about effects on the environment are investigated and reported on, in a timely and professional manner.  The Level of Service description is then linked to the Key Performance Indicator which sets out that “timely and professional” means “the percentage of complaints where investigation has commenced within five working days”.  This is an objective measure and therefore Council officers recommend no amendment.

12     The three yearly resident survey is conducted by an independent research company.  The method of collection was via a telephone survey.  In addition, this survey used a stratified sampling (ie ‘quota’) design.  This means that a representative sample of genders and ages was achieved in each ward.  Residents and ratepayers were contacted to complete the survey so it was not just ratepayers who provided a response.  Council officers recommend no amendment.

Legal and Statutory Considerations

13     Council is required to include a statement of the intended levels of service within its Long Term Plan that specify the performance measures that the local authority considers will enable the public to assess the level of service for major aspects of groups of activities.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Appendix 15:  Performance Measures” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Confirms the performance management framework that was adopted by Council on 18 March 2015 with no further amendments.


 

Excerpts from Public Submissions received on Performance Measures

 

Submission Number

Comment

1

The second Level of Service "Responsiveness", under Resource Management is too vague.  "Appropriate" and "timely" are not defined and are therefore incapable of being measured.  Because responsiveness is so crucial to the RM function, the process needs to be broken down into several measurable components and measured by independent professional reviewers.  User impressions should be one component, but only as a check on the other results, not as a substitute for them.

 

Under performance measure for "Representation and Advocacy”, all ratepayers, not just residents, should be invited to complete the survey.

 

 

Attachments

There are no attachments for this report.  

 


Council

19 May 2015

Description: sdclogo

 

Development and Financial Contributions Policy

Record No:        R/15/4/7220

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report presents feedback received during consultation on the draft Development and Financial Contributions Policy.  It also requests that Council adopt the draft Development and Financial Contributions Policy.

Executive Summary

2        This report seeks guidance from Council on the Development and Financial Contributions Policy.  The policy covers both development contributions and financial contributions and puts the development contributions only into remission until there is sufficient evidence of population growth.

 

Recommendation

That the Council:

a)         Receives the report titled “Development and Financial Contributions Policy” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Adopts the Development and Financial Contributions Policy.

 


 

Content

Background

3       The Development and Financial Contributions Policy has been reviewed to propose a new direction around the use of development contributions and to comply with the changes required by the Local Government Act 2002 Amendment Act (No. 3) 2014.

4       Financial contributions are established under the Resource Management Act 1991 to mitigate the environmental effects of development.  Although financial contributions are covered by this policy, they are set through the Southland District Plan.  The proposal is to continue to collect them.  Development contributions are established under the Local Government Act 2002 and allow councils to apportion the costs associated with additional demand to those creating the demand.  In the proposed policy, these are put into remission due to low population growth in the Southland District.

Issues

5        During consultation, it was highlighted that the proposed Development and Financial Contributions Policy may frustrate some developers who have already paid development contributions.  However, it is suggested that the proposed policy is more likely to encourage development in the Southland District given the current economic outlook which will result in benefits for the broader community.

Factors to Consider

Legal and Statutory Requirements

6                    The Local Government Act 2002 Amendment Bill (No. 3) contained a number of changes to the Development Contributions provisions in the principal Act. 
From 8 September 2014, a requirement was introduced for councils to have:

•           A schedule which lists the assets for which development contributions are intended to be used or already have been used, the estimated capital of each asset and the proportion of the capital cost the territory authority proposes to recover from development contributions and from other sources; and

•           A reconsideration process which sets out how the request can be lodged with the territorial authority and the steps that it will apply when reconsidering the requirement to make a development contribution.

            Council’s proposed policy meets both of these requirements.

Community Views

7                    Five submissions commented on the proposed Development and Financial Contributions Policy.  Three submitters supported the proposed Development and Financial Contributions Policy (62, 63, 66) and one opposed the draft policy (89).  One submitter (18) stated that the policy was not easy to understand.

8                    Submitters supporting the policy did not provide further comment, however, the submission which opposed the draft policy expressed that developers should incur the cost of additional demand.

 

Costs and Funding

9                    The Development and Financial Contributions Policy places development contributions into remission until it is assessed that the level of population growth requires these to be levied again.  This means that if the policy is adopted, developers will not be required to pay a development contribution at this stage.

10                  Placing development contributions into remission will shift costs from developers to existing ratepayers.  However, Council has taken an approach which encourages development in the Southland District, recognising that this will benefit the community as a whole.

Policy Implications

11                  This Development and Financial Contributions Policy is required to be reviewed every six years.

Analysis

Options Considered

12      Council could choose to:

·                      Option 1:  Approve the Development and Financial Contributions Policy, with amendments as required; or

·                      Option 2:  Not approve the Development and Financial Contributions Policy.

Assessment of Significance

13      The Development and Financial Contributions Policy has potential impacts on development activity as well as economic and population growth.  However, it impacts on a small number of residents and ratepayers and does not involve a significant amount of money. 
It is therefore determined that the Development and Financial Contributions Policy is not a significant policy.

Recommended Option

14      There was no major opposition to the policy as it is currently drafted and therefore it is recommended that Council adopt the Development and Financial Contributions Policy.  A final version of the Development and Financial Contributions Policy is attached.

Next Steps

15      If Council adopts the Development and Financial Contributions Policy, changes will need to be made at an operational level.  Developers will no longer be invoiced for development contributions until Council decides to change the policy.

 

Attachments

a         Excerpts from public submissions received on draft Development and Financial Contributions Policy View

b         Development and Financial Contributions Policy View    

 


Council

19 May 2015

 

Excerpts from public submissions on the Draft Development and Financial Contributions Policy

 

Submission Number

Comment

18

I didn't really understand this section of your document.  Not clear to me.

62

I accept that approach (Development Contributions Policy).

63

Agree.

66

I support the proposal (Draft Development Contributions Policy).

89

The Council needs to charge developers the true costs for developments.

 


Council

19 May 2015

 

 

SOUTHLAND DISTRICT COUNCIL

POLICY ON DEVELOPMENT AND FINANCIAL CONTRIBUTIONS 2015-2025

 

This policy applies to: 

 

DOCUMENT CONTROL

 

Policy owner:

Finance

TRIM reference number:

R/14/11/17513

Effective date:

«type date»

Approved by:

«type date»

Date approved:

«type date»

Next review date:

«type date»

 

  Operational policy

  Council policy

 

 

CONTENTS

 

1.     INTRODUCTION. 1

2.     POLICY DETAILS. 3

4.     METHODOLOGY. 17

5.     SCHEDULES. 22

6.     ROLES AND RESPONSIBILITIES. 25

7.     REVISION RECORD. 25

APPENDIX 1 - DEFINITIONS AND ABBREVIATIONS. 26

APPENDIX 2 - DEVELOPMENT CONTRIBUTION CATCHMENTS. 29

APPENDIX 3 - ASSESSMENT OF SIGNIFICANT ASSUMPTIONS. 30

APPENDIX 4 - SUMMARY OF FINANCIAL CONTRIBUTION PROVISIONS. 31

APPENDIX 5 - CALCULATING UNITS OF DEMAND FOR COMMERCIAL DEVELOPMENT. 32

 

 


Council

19 May 2015

 

 

 

POLICY ON DEVELOPMENT AND FINANCIAL CONTRIBUTIONS - 2015-2025

 

1.       INTRODUCTION

 

1.1       Purpose

 

            To provide predictability and certainty about the sources and levels of funding by enabling Council to recover development contributions from those persons undertaking development, a fair, equitable, and proportionate share of the total cost of capital expenditure necessary to service growth over the long term and to recover financial contributions to deal with the adverse effects of new development in the Southland District.

 

1.2       Statutory context

 

1.2.1    Council is required by Section 102(2)(d) of the Local Government Act 2002 (the Act), to have a policy on development contributions or financial contributions.

 

1.2.2    Council has chosen to use both development contributions and financial contributions to recover the total cost of capital expenditure necessary to service new development and to deal with its effects.

 

1.2.3    Financial contribution provisions for recovering the growth related costs of roading and reserves are detailed in Section 2.14 of the Proposed District Plan.

 

1.2.4    This policy deals with development contributions for water supply, sewerage and community infrastructure.

 

1.2.5    Council, in addition to determining matters of content in this policy, has determined:

 

            (a)        that the decision to adopt the Southland District Policy on Development and Financial Contributions 2015 - 2025 is a significant decision;

 

            (b)        that it believes it has met the decision-making and consultation requirements of the Act to the extent required.

 

1.3       Approach to growth and development

 

1.3.1    The population of Southland District grew by only 900 persons (3.1%) in the 12 years between 2001 and 2013.  In spite of this, the total number of dwellings increased by just over 1,000 (9.4%) and the number of rating units increased in the same period, indicating that there is limited development taking place over the long term.  Development is known to be occurring in particular parts of the District and not generally across the District. 

 

1.3.2    In making this policy, Council has considered the matters under Section 101(3) of the Act.  Section 101(3)(b) of the Act states that the funding needs to meet expenditure requirements must be met from sources that the local authority determines to be appropriate, following a consideration of the overall impact of any allocation of liability for revenue needs on the community.


Council

19 May 2015

 

 

1.3.3    Although it does not wish to burden current households and businesses by making them fund additional capacity in capital assets that will mainly benefit new development, it is aware that development contributions may discourage new development.

 

1.3.4    In the wider community interest, Council may from time to time resolve to suspend the requirement for the payment of development contributions under this policy by putting the policy into remission.  In doing so it shall specify an appropriate alternative source of funding for the share of the total cost of capital expenditure necessary to service any limited growth known to be occurring.

 

1.4         Remission of policy and background

1.4.1      This Southland District Policy on Development and Financial Contributions 2015 – 2025 policy is currently in remission and development contributions will not be required under it. The financial contributions provisions in the Southland District Plan are not in remission and continue to apply to development in the Southland District. 

1.4.2      In view of the limited growth of the Southland District between 2001 and 2013 and limited projections for growth in the Long Term Plan period, the Council proposes to fund the total cost of capital expenditure for water supply and sewerage necessary to service development from sources other than development contributions. Development contributions will not be required under this policy until resolved otherwise by Council in which case the provisions of the policy will apply in full. Council has full discretion as to the timing of a review.

1.4.3      Council will continue to require financial contributions for roading and reserves under Section 2.14 of the Proposed Southland District Plan. Council is concerned that in the event of any substantial development, the resulting costs for roads and reserves to serve the development could affect the level of rates unless funded by financial contributions.  The ability to require financial contributions will not limit the ability of Council to impose resource consent conditions requiring an applicant to carry out roading and reserves works to offset the adverse effects of a development.

1.4.4      Council may review its position on remissions at any time but shall do so no more than three years from the date on which it adopts its Long Term Plan.

1.4.5      Prior to 2012, the development contributions policy applied to development across Southland District and application of the policy resulted in persons undertaking new developments in the Southland District being subject to a development contributions regime.

1.4.6      Council has been conscious of the fact that development contributions may have previously been an impediment or barrier to new economic development. This is contrary to the Council’s aspirations for encouraging growth.  The Council also recognises that when new developments occur, these often contribute significantly to ongoing community wellbeing and also contribute financially on an ongoing basis through rates. 


 

1.4.7      In recognition of this, the Council removed development contributions from most parts of the District in 2012, with the exception of Te Anau. The 2012-22 development contribution policy was limited to water and sewerage projects at Te Anau and only in cases where developments proposed to connect to reticulated services.  

1.4.8      Findings of the 2013 New Zealand Census have confirmed the limited growth taking place in Southland District since 2001.

 

 

2.       POLICY DETAILS

 

            Council has considered all matters it is required to consider under the Act when making a policy on development contributions or financial contributions.  The Council has also considered requirements in Section 106, Section 201 and Section 201A of the Act relating to the content of such a policy.  Policy resulting from these considerations is set out in this section.  The way in which the policy will be applied in practice is set out in Section 3.

 

2.1       Appropriate sources of funding

 

2.1.1    Council incurs capital works expenditure in order to:

 

            (a)        provide additional capacity in assets to cater for new development;

 

            (b)        improve the level of service to existing households and businesses;

 

            (c)        meet environmental and other legislative requirements; and

 

            (d)        renew assets to extend their service life.

 

2.1.2    Section 101(3)(a) of the Act states that the funding needs to meet these expenditure requirements must be met from sources that Council determines to be appropriate, following a consideration, in relation to each activity, of a number of matters.  Council’s consideration of these matters as it relates to the funding of capital expenditure is outlined in the Revenue and Financing Policy.  The analysis contained in the Revenue and Financing Policy is also applicable to this policy.

 

2.1.3    Council has had regard to and made the following determinations under each activity in relation to the matters set out under section 101(3)(a)(i) to (v) of the Act:

 

            (a)        that development contributions are an appropriate source of funding for providing additional capacity in water supply, sewerage and community infrastructure assets because when development occurs it takes up capacity in these assets and requires Council to provide additional capacity in existing assets or new assets or to serve the development;

 

            (b)        that financial contributions are an appropriate source of funding for roading and reserves assets because the Council only seeks contributions towards these assets to mitigate adverse effects in the vicinity of developments and not to fund these assets in the wider network;


 

 

            (c)        community infrastructure contributions will only be required on residential developments although the Council may still require financial contributions for reserves on non-residential developments as a condition of resource consent under the Resource Management Act 1991. 

 

2.1.4    In keeping with the principles in Sections 197AB(e) and (f) of the Act, Council is required to make information available and provide certain schedules.

 

2.1.5    Section 201A of the Act requires a development contribution policy to include a schedule of assets, and specifies the contents of that schedule. This requirement is met by Schedule 1 of this policy.

 

2.1.6    Section 106 of the Act requires Council to:

 

            (a)        summarise and explain the total cost of capital expenditure that Council expects to incur to meet the increased demand for community facilities resulting from growth; and

 

            (b)      state the proportion of that total cost of capital expenditure that will be funded by—

 

                        (i)
    development contributions;

                        (ii)          financial contributions; and

                        (iii)
    other sources of funding.

 

2.1.7    These requirements are met in Schedule 2 of this policy.

 

2.1.8    Section 201 of the Act requires inclusion in a development contribution policy of a schedule of development contributions.  This requirement is met by Schedule 3 of this policy. 

 

2.2       Financial contributions

 

2.2.1    The Resource Management Act 1991 authorises local authorities to impose financial contributions to address effects associated with subdivision, land use or development. Council may require a financial contribution, as a condition of consent, in accordance with any relevant rule in the Southland District Plan. 

 

2.2.2    Provisions regarding financial contributions towards roading and reserves infrastructure are detailed in Section 2.14 of the Proposed District Plan and should be referred to when reading this policy.  The financial contribution rules in Section 2.14 the Proposed Southland District Plan are operative[3].

 

2.2.3    Section 106(2)(f) of the Act states that if financial contributions will be required this policy must summarise the provisions that relate to financial contributions. 
This summary is set out in Appendix 4.  


 

2.3       Limitations on contributions

 

2.3.1    While Council is able to seek both development contributions for infrastructure
under the Local Government Act 2002 and financial contributions under the Resource Management Act 1991, Section 200 of the Local Government Act 2002 prevents Council from requiring a development contribution where it has imposed a contribution requirement on the same development under the Resource Management Act 1991 or where developers or other parties fund the same infrastructure for the same purpose.

 

2.3.2    Although under the Southland District Plan, Council may impose a financial contribution as a condition of resource consent, it shall ensure that no condition of resource consent is imposed that would require work to be done or funded that is identified in the Long Term Plan and funded in whole or in part by development contributions. 

 

2.3.3    Nothing in this policy, including the amounts of development contribution payable in Schedule 3, will diminish from any other legal requirement to make a payment for community facilities other than a development contribution, including connection fees or any other fee required to be paid pursuant to any other policy or bylaw or by agreement with Council.

 

2.4       Limitations on costs eligible for inclusion in development contributions

 

2.4.1    In calculating development contributions under this policy, the contributions shall not include the value of any project or work or part of any project or work required for:

 

            (a)        rehabilitating or renewing an existing asset; or

 

            (b)        operating and maintaining an existing asset.

 

2.4.2    In accordance with Section 200(1) of the Act, no development contribution calculated under this policy shall include the value of any funding obtained from third parties, external agencies or other funding sources in the form of grants, subsidies or works.  This limitation shall not include the value of works provided by a developer on behalf of Council and used as a credit against contributions normally payable, which Council may seek to recover from other developers in contributions.

 

2.4.3    Council may require development contributions where it has incurred capital expenditure via a third party and has provided a credit against development contributions payable by any person where that person has incurred capital expenditure on behalf of Council, which provides additional capacity to serve further development.

 

2.4.4    The value of any subsidy or grant toward the value of any project or work shall be deducted prior to the allocation for funding of the balance portion of project cost between development contributions and other sources of Council funding. 

 

2.5       Vested assets and local works

 

2.5.1    The value of assets vested or expenditure made by a developer, pursuant to a requirement under the Resource Management Act 1991, shall not be used to off-set development contributions payable on a development unless all or a portion of such assets or expenditure can be shown to avoid or reduce the need for Council to incur costs providing an asset that is included in its capital works programme, for which development contributions are sought. 

 

2.5.2    The value of assets vested or expenditure made voluntarily by a developer to enhance a development shall not be used to offset development contributions payable on development.

 

2.6       Past surplus capacity provided

 

2.6.1    In accordance with Section 199(2) of the Act, development contributions may be required to fund capital expenditure already incurred by Council in anticipation of development, prior to the adoption of this policy.

 

2.6.2    Where Council has in recent years incurred expenditure to undertake works or acquire land in anticipation of development, it may seek to recover this expenditure from development contributions yet to be made.  Council may include the value of past surplus capacity in its calculation of development contributions.

 

2.7       Cumulative and network effects

 

2.7.1    In accordance with Section 199(3) of the Act, development contributions may be required under this policy, where a development, in combination with other developments, has a cumulative effect including the cumulative effect of developments on network infrastructure.

 

2.8       Geographic grouping (Catchments)

 

2.8.1    In keeping with the principle in Section 197AB(g) of the Act, Council considers that development contributions should be required from new development on a geographic basis using separate catchments those being determined:

 

            (a)        in a manner that balances practical and administrative efficiency with considerations of fairness and equity; and

 

            (b)        avoids, wherever practical, grouping across the entire District.

 

2.8.2    A catchment is an area of the Southland District within which growth and development is occurring, which is likely, either solely or cumulatively, to give rise to the need for, or benefit from, particular Council activities.

 

2.8.3    This policy avoids the use of district-wide catchments for the recovery of development contributions.

 

2.8.4    This policy uses four separate ward based catchments for community infrastructure assets because it is considered impractical to divide the areas of benefit of these types of asset into smaller geographic areas.

 

2.8.5    The policy uses separate local scheme-by-scheme catchments for water supply and sewerage activities.  Development contributions will be payable only where the service is available and in the case of water supply and sewerage, only to those new households, businesses or other developments connecting to the networks concerned.  It is considered reasonably practical to administer the policy using local scheme-by-scheme catchments. 

 

2.8.6    The catchments used in this policy are summarised in Appendix 2.


 

2.9       Principles of Cost Allocation

 

2.9.1    In keeping with the principle in Section 197AB(a) of the Act an asset should not be considered for cost allocation for recovery through a development contribution unless it is a new or additional asset or an asset of increased capacity required to be provided by the Council to deal with the effects of developments.

 

2.9.2    In keeping with the principle in Section 197AB(c) of the Act, the cost of any project identified in the Long Term Plan will, after deductions for subsidies and other sources of funding, be allocated between:

 

            (a)        the costs if any for improving levels of service to existing households and businesses by bringing assets up to the service standard and/or by providing additional service life, to be expressed as the ILOS cost; and

 

            (b)        the costs if any for providing additional capacity to service the development of new households and businesses, to be expressed as the AC Cost.

 

2.9.3    Council will allocate project cost between ILOS costs and AC costs, in the manner described in Section 4.0 - Methodology.

 

2.9.4    The methodology used to allocate costs is a need/benefits matrix approach.

 

2.10     Capacity life of assets

 

2.10.1  In keeping with the principle in Section 197AB(b) of the Act, Council has considered the period over which the benefits of capital expenditure for new development are expected to occur.  It considers that capital expenditure on infrastructure during the Long Term Plan period should be recovered over the full take-up period of each asset, from all development that created the need for that expenditure or will benefit from capacity it provides, including development occurring after the Long Term Plan period.

 

2.10.2  Council has determined that:

 

            (a)        new development occurring in the Long Term Plan period will contribute only to that proportion of additional asset capacity that it is expected to consume;

 

            (b)        future development occurring after the Long Term Plan period will contribute toward the remaining surplus capacity in assets at the end of that period.

 

2.10.3  In calculating the development contributions payable by new development for each activity type, Council will:

 

            (a)        include the value of any past surplus capacity in assets provided after 1 July 2005 that is expected to be consumed by new development, where this can be identified and where it can be shown to have been provided in anticipation of growth;

 

            (b)        include the value of capacity in assets to be provided in the Long Term Plan period, that is expected to be consumed by new development; and

 

            (c)        exclude the value of remaining surplus capacity in assets at the end of the Long Term Plan period, which is likely to be consumed by future development.

 

2.10.4  Recovery of the whole of a project’s cost from only those households and businesses establishing in the Long Term Plan period may place an unfair burden on them.  Households and businesses developing after the period will arrive to a fully paid up asset with spare capacity for their developments.

 

2.10.5  This policy uses a development contributions calculation period extending from 1 July 2005 (to include past surplus capacity) to 30 June 2045 - 30 years after the adoption of the Policy to ensure more equitable attribution under Schedule 13 of the Act. 
The 30 year future outlook is to take account of major infrastructure projects that may retain spare capacity for up to 30 years, particularly as a result of prolonged periods of slow growth as have been experienced in Southland District.

 

2.11     Significant assumptions

 

2.11.1  Section 201(1)(b) of the Act requires this policy to set out the significant assumptions underlying the calculation of the schedule of development contributions, including an estimate of the potential effects, if there is a significant level of uncertainty as to the scope and nature of the effects.

 

2.11.2 The significant assumptions underlying the calculation of the schedule of development contributions are that:

 

            (a)        the rate, level and location of growth will occur as forecast in the rating growth projections accompanying the Long Term Plan;

 

            (b)        capital expenditure will be in accordance with the capital works programme in the Long Term Plan and future capital expenditure is based on the best available knowledge at the time of preparation.  These are to take into account known or likely construction costs and assumed inflation rates;

 

            (c)        no significant changes to service standards are expected to occur in the Long Term Plan period other than those planned for in the Asset Management Plans;

 

            (d)        the level of any third party funding for projects will continue at predicted levels for the period of the Long Term Plan;

 

            (e)        there will be no significant variations to predicted rates of interest and inflation to those set out in the Long Term Plan;

 

            (f)        it is assumed each residential dwelling comprises the average number of residents from the 2013 Census.  The demand on Council assets placed by a standard dwelling (Unit of Demand) is assumed to be 2.5 persons per dwelling and this is applied district-wide.

 

2.11.3  An assessment of effects, if there is a significant level of uncertainty as to the scope and nature of the effects, is set out in Appendix 3 of this policy.

 

2.12     Financial policy

 

2.12.1  All project costs used in the development contributions section of the policy should be based on current estimates of infrastructure construction prices at the time of planning in the dollars of the year of planning, with inflation of all capital costs over the period using local government cost adjusters supplied by a commercial research and analysis agency, such as BERL.


 

2.12.2  All capital expenditure and development contributions contained in this policy are exclusive of GST (except where shown to be inclusive).

 

2.12.3  No cost of capital, including interest is included in growth cost calculations for the purposes of this policy.

 

2.13     Policy on existing lots or development

 

2.13.1  When granting a consent or authorising a connection for development, and calculating the units of demand from that development, Council will deduct the units of demand generated by existing lots or development already legally established at the date of granting consent, other than as required in sections 2.13.2, 2.13.3 and 2.13.5 below.

 

2.13.2  Section 2.13.1 shall apply to any lot or development that:

 

            (a)        was already legally established at the date on which this policy became operative, on 1 July 2015; or

 

            (b)        has been legally established since the date on which this policy became operative and for which a development contribution has been paid; or

 

            (c)        is not yet legally established but for which a development contribution has been paid (and not refunded).

 

2.13.3  Legally established development includes buildings and structures which can be shown to have been in existence on but have been demolished up to three years prior to this policy becoming operative on 1 July 2015.

 

2.13.4  Section 2.13.1 shall not apply to any lot or development for which a contribution has been required and has not yet been paid.

 

2.13.5  Council may require a development contribution to be paid for any existing legally established lot or development, in a water supply or sewerage area, with no connection to the service, which is to be connected for the first time or seeks connection to either a water supply network or a sewerage network, as the case may be, where no development contribution or other such payment for these services can be shown to have been previously paid.

 

2.13.6  Council may require a development contribution to be paid for any existing legally established lot that has previously been prevented from being developed by any open space covenant or by any other restriction registered against the title of the lot and that covenant or restriction has been removed.

 

2.13.7  In considering legally established developments already on a development site, the Council will use the current or most recent use of the site and not it’s zoning to determine the existing units of demand that will be deducted when calculating the development contribution. 

 

2.14     Use of development contributions

 

2.14.1  In keeping with the principle in Section 197AB(d) of the Act, development contributions will be used:

 

            (a)          for or towards the purpose of the activity or the group of activities for which the contributions were required; and

 

            (b)      for the benefit of the Southland District or the part of the district that is identified in the Southland District Policy on Development and Financial Contributions 2015 – 2025 in which the development contributions were required.

 

2.14.2  Development contributions will be used for the capital expenditure for which they were required in accordance with section 204(1) of the Act and will not be used for the maintenance of reserves, network infrastructure or community infrastructure.

 

2.15     Network infrastructure

 

2.15.1  Under Section 197 of the Act, the term development excludes the pipes and lines of any network utility operator.  Council will not seek development contributions for the installation or expansion of network infrastructure, including the pipes, lines, roads, water supply, wastewater and stormwater networks by network utility operators.

 

2.15.2  Section 2.15.1 does not apply to development by network utility operators carried out in order to run their normal business such as offices, industrial buildings, warehouses and storage areas, which may be liable for the payment of development contributions. 

 

2.16     Policy on remissions or postponements of development contributions

 

2.16.1  In accordance with Section 201(1)(c) of the Act, Section 3.5 of this policy includes provisions that will enable Council to consider remissions and postponements of development contributions.

 

2.17     Policy on refunds

 

2.17.1  Council will refund development contributions in accordance with the requirements of Sections 209 and 210 of the Act.

 

2.18     Development agreements

 

2.18.1  The Council may enter into development agreements with developers for the provision, supply, or exchange of infrastructure, land, or money to provide network infrastructure, community infrastructure, or reserves the District or a part of the District.  The provisions of Sections 207A to 207F shall apply to such agreements.

 

 

3.         PRACTICAL APPLICATION

 

3.1       Requirement for Development Contributions

 

3.1.1    Upon granting:

 

            (a)        a resource consent under the Resource Management Act 1991;

 

            (b)        a building consent under the Building Act 1991;

 

            (c)        an authorisation for a service connection;

 

            Council will determine whether the activity to which the consent or authorisation relates is a “development” under the Act, which:

 

            (a)        has the effect of requiring new or additional assets or assets of increased capacity (including assets which may already have been provided by Council in anticipation of development); and

 

            (b)        as a consequence requires (or has required) Council to incur capital expenditure to provide appropriately for those assets; and

 

            (c)        that capital expenditure is not otherwise funded or provided for.

 

3.1.2    Upon determining that the activity is a “development”, Council may require a development contribution to be made towards the activity associated with that development, according to the geographic catchment in which the development is located, for:

 

            (a)        water supply;

 

            (b)        sewerage; and

 

            (c)        community infrastructure.

 

3.1.3    Council shall calculate the development contribution payable at the time of granting the consent or authorisation and issue an assessment of development contributions payable.

 

3.1.4    A development contribution may be paid at any time from the date of assessment up to the date when the contribution is required to be paid as a result of Council issuing an invoice.

 

3.1.5    In accordance with Section 198(2A) of the Act, a development contribution must be consistent with the content of the policy that was in force at the time that the application for a resource consent, building consent, or service connection was submitted.

 

3.1.6    Council will invoice a development contribution at the following times:

 

            (a)        in the case of a resource consent for subdivision, at the time of application for a certificate under section 224(c) of the Resource Management Act 1991, with payment required prior to the issue of the certificate;

 

            (b)        in the case of a resource consent for land use, at the time of notification of commencement or commencement of the consent, whichever is the earlier, with payment required prior to commencement of the consented activity;

 

            (c)        in the case of a building consent, at the time of granting the building consent with payment no later than 90 days from the date of granting consent or prior to the issue of a code compliance certificate, whichever is the earlier;

 

            (d)        in the case of a service connection, at the time of approval of the service connection with payment prior to connection.

 

3.1.7    In accordance with Section 208 of the Local Government Act 2002, if contributions are not paid at the times required in section 3.1.6, the Council may:

 

            (a)        withhold a certificate under section 224(c) of the Resource Management Act 1991 in the case of a subdivision;

 

            (b)        prevent the activity commencing in the case of a land use consent;

 

            (c)        withhold a code compliance certificate or certificate of acceptance in the case of a building consent;

 

            (d)        withhold a service connection to the development.

 

            If, after exercising its powers under Section 208 of the Act, any development contribution remains unpaid, the Council may under Section 252 of the Act regard the amount payable as a debt and take debt recovery action to recover that development contribution.

 

3.1.7    In the case of a resource consent for land use only, where a building consent is required to give effect to the resource consent, the applicant may apply for a postponement of payment under Section 3.5 of this policy.  If this is granted the Council will only require payment at the time it issues a building consent.

 

3.1.8    If a grantee of consent is in possession of two development contribution invoices for different consents relating to the same lot, both invoices will continue to have effect until payment is made of one of those invoices.  When the first invoice is paid, the second invoice will be withdrawn and a reassessment of development contributions payable for the subdivision or development, as the case may be, relating to the second invoice will be made under Section 3.2.1.  If any development contribution is payable on re-assessment, a new invoice will be issued.

 

3.1.9    No consented activity or building work shall commence prior to the payment of the development contribution and where such activity or work has commenced prior to such payment, Council shall require this to cease until payment has been made.

 

3.2       Amount of Total Development Contribution

 

3.2.1    The total amount of development contribution payable when issuing any consent or authorisation for subdivision or development, shall be the sum of the development contribution payable for each activity, calculated as:

 

            [(a) X [Σ(n) – Σ(x)]] + GST

 

            Where:

 

            (a) = the applicable development contribution per unit of demand determined from Schedule 3 and the activity-funding area for each type of community facility in which the subdivision or development lies.

 

            Σ = the sum of the terms inside the brackets.

 

            (n) = for each lot at the completion of the consent or authorisation application, the total lot units of demand OR the total activity units of demand, determined by
Table 1, whichever is the greater.

 

            (x) = for each lot in existence (or for which a section 224 certificate under the Resource Management Act 1991 has been issued) prior to the date of the consent or authorisation application, the total lot units of demand OR the total activity units of demand for the existing development, determined by Table 1, whichever is the greater.

 

3.2.2    Examples of the method for calculating units of demand from different types of development are set out in Appendix 6.

 

3.2.3    The development contribution per unit of demand in Schedule 3, may be increased for any Producer Price Index adjustment in accordance with Section 106(2B) of the Act.

 

3.3       Determination of Units of Demand

 

3.3.1    In accordance with Schedule 13 of the Act, the additional capacity (AC cost) component of capital expenditure associated with new development in any catchment will be allocated equally between the numbers of new units of demand expected to occur in that catchment during the development contributions calculation period.

 

3.3.2    Council has determined that units of demand generated by different land use types shall be those reflected in Table 1

 

3.3.3    Demand for services may be necessitated by the creation of new lots (lot units of demand) that are required to be serviced in advance of their occupation.  Demand for services may also be generated by the use and development of lots (activity units of demand), including the intensification or expansion of activity on those lots.

 

Table 1

Units of Demand Generated by Subdivision and Development

 

Lot Unit of Demand

Units of demand

One residential or rural lot

1.0

One mixed-use residential/commercial lot

1.0

One commercial, industrial or other non-residential lot with an area of less than 1,000 m2

Lot area divided by 1,000 per square metre

One commercial, industrial or other non-residential lot with an area of 1,000 m2 or more

1.0

For the purposes of calculating community infrastructure development contributions only, one commercial, industrial or other non-residential lot 

0

For the purposes of calculating water supply and sewerage development contributions ONLY, any existing legally established lot not connected to either the water supply network or the sewerage network as the case may be

0

For the purposes of calculating water supply and sewerage development contributions ONLY, any proposed lot not to be connected to either the water supply network or the sewerage network as the case may be

0

One serviced camping site

Special application

One lot:

§  wholly covenanted in perpetuity as provided for by section 22 of the Queen Elizabeth the Second National Trust Act 1977

§  the title of which prevents any form of development on the lot.

0

Activity Unit of Demand

Units of demand

One dwelling unit or accommodation unit (excluding a serviced camping site) of two or more bedrooms per unit

1.0

One commercial unit including the commercial part of any activity but excluding any part that comprises accommodation units

The net lettable area on the lot multiplied by the applicable unit of demand factors in this table.

One industrial unit or any other non-residential development

Special application

For the purposes of calculating community infrastructure development contributions only, one commercial, industrial or other non-residential development

0

Any dwelling unit, or accommodation unit (excluding a  serviced camping site) of one or fewer bedrooms per unit

0.5

Any room in an accommodation unit or any room in a retirement village or school, normally accommodating more than 3 persons

The number of persons able to be accommodated in the room divided by 6

Any retirement unit for purposes of calculating the water supply and sewerage contributions only

0.5 otherwise 0

Any aged care room for purposes of calculating the water supply and sewerage contributions only

0.2 otherwise 0

Other activity (Activity not specified elsewhere in this table).

Special application

For the purposes of calculating water supply and sewerage development contributions ONLY, any existing legally established development not connected to either the water supply network or the sewerage network as the case may be.

0

For the purposes of calculating water supply and sewerage development contributions ONLY, any proposed development not to be connected to either the water supply network or the sewerage network as the case may be.

0

Network infrastructure, including pipes, lines and installations, roads, water supply, wastewater and stormwater collection and management systems

0

Farm buildings associated with normal farming operations including sheds, barns, garages and buildings for indoor poultry livestock and crop production.

0

Crown developments

0

Unit of demand factors commercial development

Calculated in Appendix 5

Water Supply  – Commercial development

1 per 769 m2 net lettable area

Sewerage - Commercial development

1 per 322 m2 net lettable area

 

3.3.4    The different units of demand generated by a unit of commercial activity, as compared with a unit of residential activity, arise mainly from the different scale and nature of activity when compared to demand from a standard dwelling unit. 
To ensure fair and equitable assessment this policy:

 

            (a)        uses lot size in the case of subdivision for commercial purposes;

 

            (b)        uses net lettable area in the case of commercial development as a proxy for assessing the different units of demand on services, likely to be generated respectively by residential and commercial activity and incorporates multipliers (unit of demand factors) to quantify those differences;

 

            (c)        requires a special application to assess development contributions on industrial activity.

 

3.3.5    The assumptions used in this policy to derive the unit of demand factors for commercial development in Table 1 are described in Appendix 5 of this policy.

 

3.4       Information Requirements

 

3.4.1    The applicant for any consent or authorisation shall provide all information necessary for Council to calculate the amount of a development contribution, including the net lettable area of the development if required for purposes of an assessment under Table 1.  

 

3.4.2    The applicant shall be responsible for providing proof of the legal establishment of existing units of demand for purposes of an assessment under Table 1.

 

3.4.3    Existing units of demand may include legally established buildings and structures that have been demolished up to three years prior to this policy becoming operative on 1 July 2015.

 

3.5       Remissions and Postponements of Development Contributions

 

3.5.1    In addition to rights to reconsideration provided for by Section 199A and 199B of the Local Government Act 2002, the Council will consider applications for remission or postponement of development contributions.

 

3.5.2    The Council will consider applications for and may grant a remission of any development contribution where the applicant has provided and/or funded the same infrastructure that a development contribution has been required for but that remission shall be limited to the value of infrastructure provided or funded.  In cases where the value of infrastructure provided or funded exceeds the development contribution payable, the Council shall meet the excess costs by separate agreement with the applicant.

 

3.5.3    Council will consider applications for and may grant a postponement of the payment of a development contribution in the case of resource consent for land use only, where a building consent is required to give effect to that resource consent. 
At the discretion of the Council, the payment of a development contribution on the resource consent may be postponed until a building consent is granted.

 

3.5.4    Council will consider applications for a postponement of the payment of a development contribution in the case of a subdivision consent.  If it grants a postponement it may do so on whatever terms the Council thinks fit, including that it may:

 

            (a)        issue a certificate under Section 224(c) of the Resource Management Act 1991, prior to the payment of a development contribution; and

 

            (b)        register the development contribution under the Statutory Land Charges Registration Act 1928, as a charge on the title of the land in respect of which the development contribution was required.

 

3.5.5    An applicant may formally request Council to review the development contribution required and remit or postpone the development contribution payment.

 

3.5.6    Any such request shall be made in writing no later than 15 working days after the date on which Council issues an invoice under Section 3.1.5, setting out the reasons for the request.

 

3.5.7    Prior to accepting any such request for review, Council shall require the applicant to provide specific details of the manner in which its proposals qualify for a remission or postponement.

 

3.5.8    In undertaking the review, Council or a Committee of Council or an officer so delegated:

 

            (a)        shall, as soon as reasonably practicable, consider the request;

 

            (b)        may determine whether to hold a hearing for the purposes of the review and if it does, give at least five working days’ notice to the applicant of the date, time and place of the hearing;

 

            (c)        may at its discretion uphold, remit in whole or in part or postpone (as the case may be) the original development contribution required and shall advise the applicant in writing of its decision within ten working days of making that decision;

 

            (d)        may charge such fee as determined in its annual schedule of fees, to consider the request.

 

3.6       Reconsideration process

 

3.6.1    As required by Section 202A of the Act, this policy must set out the process for requesting reconsideration of a requirement for a development contribution under section 199A of the Act. The process for reconsideration must set out:

 

            (a)        how the request can be lodged with the Council; and

 

            (b)        the steps in the process that the Council will apply when reconsidering the requirement to make a development contribution.

 

3.6.2    An applicant who is required to make a development contribution may request a reconsideration of that requirement if they believe that:

 

            (a)        the development contribution was incorrectly calculated or assessed under this policy; or

 

            (b)        the Council incorrectly applied this policy; or

 

            (c)        the information used to assess the applicant’s development against this policy, or the way the Council has recorded or used it when requiring the development contribution, was incomplete or contained errors.

 

3.6.3    Any request for reconsideration shall be made in writing, no later than 15 working days after the date on which Council issues an invoice under Section 3.1.6 of this policy.

 

3.6.4    Prior to accepting any request for review, the Council shall require the applicant to state the reasons under Section 3.6.2 for reconsideration and provide sufficient information to enable the Council to reconsider the development contribution.

 

3.6.5    The Council (or a Committee of Council or an officer so delegated) will limit its considerations to matters set out in Section 199A of the Act (Section 3.6.2 of this policy).

 

3.6.6    In accordance with Section 199B(1) of the Act, the Council must, within 15 working days after the date on which it receives all required relevant information relating to a request, give written notice of the outcome of its reconsideration to the applicant who made the request.

 

3.6.7    In accordance with Section 199B(2) of the Act, an applicant who requested reconsideration may object to the outcome of the reconsideration.

 

3.7       Special applications

 

3.7.1    Where developments are marked for special application or not adequately represented in Table 1 or there are specific circumstances related to the applications, these may be considered on a case-by-case basis. Units of demand calculated are based on potential demand not actual demand at any one time.  Accordingly specific circumstances do not include those where the users do not utilise the full potential demand (e.g., a hotel with a 50% occupancy rate will still be assessed at a 100% of the unit of demand relating to hotels; a house with one occupant will be assessed at the unit of demand for a household).

 

3.8       Crown developments

 

3.8.1    The Crown is exempt from the provisions of this policy by virtue of Section 8 of the Local Government Act 2002. If an applicant considers that it is the Crown for the purposes of avoiding liability to pay a development contribution, the Council may require the applicant to provide written advice to the Council outlining the basis on which the applicant considers that it is the Crown.

 

3.9       Statement on GST

 

3.9.1    Any development or financial contribution referred to in this policy or in the accompanying development contributions model and any development contribution required in the form of money, pursuant to this policy, is exclusive of Goods and Services Tax.

 

 

4.       METHODOLOGY

 

            The calculation of the separate portions of the cost of any combined project (AC/ILOS project) between that for improving levels of service to existing households and businesses (ILOS costs), and that for providing additional capacity to accommodate new development of households and businesses (AC costs) under this policy, is carried out using the following procedure.

 

4.1       Step 1: Listing projects

 

4.1.1    Every project in the capital works programme of the Long Term Plan for the activities for which the Council intends to require development contributions is listed in the Project Allocation Schedule of the Development Contributions Model.

 

4.1.2    Every surplus capacity project is listed in the Surplus Capacity Schedule. 

 

4.1.3    Where possible, distinct stages of a project or distinct parts of a project are listed in the schedules as separate components and separate calculations carried out for each.

 

4.1.4    For each project in the schedules, the following base information is provided:

 

            (a)        the total project cost;

 

            (b)        the catchment which the project will serve;

 

            (c)        the level of any subsidy, third party funding or other source of funding if any which is deducted from the total project cost to give the net project cost;

 

(d)        the year in which the project or component is to be carried out in the
Long Term Plan, or in the case of each surplus capacity project (SC project), the year it was completed.

 

            (e)        the year in which the project capacity is expected to be fully consumed.

 

4.2       Step 2:  Initial screening

 

4.2.1    Each project in the Project Allocation Schedule is categorised “Yes” or “No” in answer to the question – “Is this capital expenditure required at least partly to provide appropriately for new or additional assets or assets of increased capacity in order to address the effects of development?”  By answering:

 

            (a)        “No” - the project is treated as a pure renewal or level of service project and the cost of the project is removed from the development contribution calculation;

 

            (b)        “Yes” - the project is treated as either a combined project (AC/ILOS project) or an additional capacity for growth project (AC project) and is subject to further analysis.  

 

4.2.1    Each project in the Surplus Capacity Schedule is categorised “Yes” or “No” in answer to the question – “Was capital expenditure on this project incurred, at least partly, in anticipation of development?"  By answering:

 

            (a)        “No” - the project is treated as a pure renewal or level of service project and the cost of the project is removed from the development contribution calculation;

 

            (b)        “Yes” - the project is treated as either a combined project (AC/ILOS project) or an additional capacity for growth project (AC project) and is subject to further analysis.

 

4.3       Step 3:  Cost allocation of combined projects or additional capacity for growth projects

 

4.3.1    Using the information provided on combined projects (AC/ILOS projects) and additional capacity for growth projects (AC projects) in the project schedules, a needs/benefits matrix analysis is carried out by which it is required to state for each project:

 

            (a)        the degree, on a scale of 0 to 10 to which growth created the need for the project to be undertaken. (0=Not at all, 10=Totally);

 

            (b)        the degree on a scale of 0 to 10 to which the growth community will benefit from the project being undertaken. (0=Not at all, 10=Totally);

 

 

4.3.2    The value is chosen in each case from the need/benefits matrix in the model which produces an estimated percentage of cost attributable to growth[4].

 

4.3.3    The matrix generates 121 different need/benefit combinations.  The percentage derived is applied to the net project cost to determine the AC cost. The remainder of the net project cost is the ILOS cost.

 

4.3.4    A unit price is calculated for each project by dividing the project cost by the total units of demand that will consume its capacity comprising:

 

            (a)        existing units of demand at 2015; plus

 

            (b)        additional units of demand expected to consume capacity in the asset by the end of its asset life.

 

4.4       Step 4:  Capacity life - Cost allocation between new and future units of demand

 

4.4.1    Using information provided on the year in which capacity take up of a project is expected to start and the year in which the project capacity is expected to be fully consumed, the AC cost of the project is divided between new units of demand (N) arriving in the activity-funding area in the Long Term Plan period and future units of demand (F) arriving after the end of the Long Term Plan period, as follows:

 

            (a)        the AC cost to F is the AC cost determined in section 5.3 above multiplied by the years of capacity take up after the Long Term Plan period divided by total years of capacity take-up;

 

            (b)        the AC cost to N  is the AC cost less the AC cost to F.

 

4.4.2    Only the AC Cost to N is used in the calculation of development contributions.

 

4.4.3    In addition to predicting the capacity take up an asset, by comparing the start and end years of capacity life against rating unit projections, the development contributions model is able to accept a finite capacity figure from the asset manager which, regardless of years of take-up, can be used to share the cost of an asset equitably among the known number of units of demand that will eventually consume its capacity. 


 

4.5       Step 5:  Growth assumptions – Sharing 10 year costs among projected growth

 

4.5.1    In order to calculate the amount of new development to which the growth
related portion of capital expenditure (AC costs) for infrastructure will be attributed, area-by-area projections of new and future units of demand for services in the period 2012 to 2042 are required.

 

4.5.2    Council maintains a detailed rating database that provides the numbers of rating units for all parts of the District. 

 

4.5.3    The numbers of rating units provide a close correlation with numbers of lots in the Southland District and a measure of separate units of activity on any lot where this is the case. They are considered to provide a reasonably sound measure of the units of demand for infrastructure and services.

 

4.5.4    The growth projection worksheet of the development contributions model, Projections Schedule, contains as the base year, the number of rating units (units of demand) for each activity type existing at the time of the 2014/2015 rates year.  Rating data is available for the whole Southland District, and each of the water supply, wastewater and community infrastructure catchments.

 

4.5.5    Long Term Plan assumptions have been used to determine the expected annual increase in the numbers of rating units and hence units of demand to 2025, in each of these areas.

 

4.5.6    Projections Schedule also provides long-term estimates for future Rating Units (units of demand) after the Long Term Plan period to 2045, in order to ensure that any portion of remaining surplus capacity at the end of the period may be attributed to future development.

 

4.5.7    Geographic catchments will apply to each activity type. Projections Schedule provides rating units at 2015 and projected rating units for each activity-funding area to 2045.

 

4.6       Step 6: Allocation of costs to units of demand - Schedule of development contributions

 

4.6.1    The development contribution for each activity and each catchment to be charged per Unit of Demand is derived by dividing the costs of growth in the Long Term Plan period (AC Cost to N), derived in Step 3 and Step 4 by the number of additional rating units expected in the period, derived in Step 5.

 

4.6.2    A full schedule of development contributions (Schedule 3) must be prepared as part of the policy to enable the development contributions to be calculated by infrastructure type and catchment on each development application.

 

4.7       Interest and inflation

 

4.7.1    The development contributions model does not include interest on growth related capital expenditure in the calculation of the development contribution amounts.

 

4.7.2    Council does not intend to recover past interest that has been funded from rates from development contributions and has not included it in the development contribution calculation.


 

4.7.5    The development contributions model uses the inflated capital costs in the Long Term Plan to calculate development contributions.

 


 


Council

19 May 2015

 

 

5.      SCHEDULES 

 

SCHEDULE 1 – SCHEDULE OF ASSETS

 

Schedule 1 - Schedule of Assets

Activity

DCP Catchment

Project name

Type

Project Cost

Proportion recovered through Development Contributions 

Proportion recovered through Other Sources

Sewerage

Sewerage:Te Anau CB

Te Anau/Manapouri Treatment & Disposal

LTP Project

12,133,896.14

0.00%

100.00%

Community Infrastructure

ComInf:Stewart Island/Rakiura CB

Moturau Gardens shelter

LTP Project

12,233.02

0.00%

100.00%

 

 

 

 

12,146,129.16

 

 

 

* The Council has deemed that the Te Anau / Manapouri Treatment and Disposal project has a demand component. The demand component of this project has been calculated at 38.55%. However, the Council is proposing to put development contributions into remission across the district in order to encourage economic growth.  Whilst development contributions are in remission, the demand share of the project would be funded by rates and previously collected contributions. Council would periodically review its decision to remit development contributions to ensure that it remains appropriate in consideration of the economic and population growth.  


 

SCHEDULE 2 - CAPITAL EXPENDITURE IDENTIFIED TO MEET INCREASED DEMAND RESULTING FROM GROWTH* AND SOURCES OF FUNDING BY ACTIVITY

 

ACTIVITY

2015-25 LTP

SURPLUS CAPACITY

Total Capital Project Costs

Development Contributions (New)

Development Contributions (Future)

Rates

Subsidies/Grants/

Contributions recovered

Total Value of Surplus Capacity Projects

Development Contributions (New)

Development Contributions (Future)

Development Contributions (Already Used)

Rates

Subsidies/Grants/ Contributions recovered

Sewerage

 $             12,133,896

 $               -

 $               -

 $               11,791,295

 $                  342,601

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

Water supply

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

Community Infrastructure

 $                    12,233

 $                             -

 $                             -

 $                             -

 $                    12,233

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 $                             -

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 $             12,146,129

 $               0

 $               0

 $               11,791,295

 $                  354,834

 $                             -

 $                             -

 $                             -

 

 $                             -

 $                             -

 

* Although there are a number of projects with demand components scheduled, the Council is proposing to place the collection of development contributions into remission. Under this proposal, funding for the Te Anau / Manapouri Treatment and Disposal project (Sewerage) will be sourced from contributions already recovered and rates. The demand component of this project (currently calculated at $4,335,016), would typically be funded by development contributions. If Council deems it appropriate to reinstate development contributions in the future, they will be used as a source of funding for this project and reduce the rates requirement.


 

SCHEDULE 3 – SCHEDULE OF DEVELOPMENT CONTRIBUTIONS

 

AREA

Sewerage

Water supply

Community Infrastructure

Reserves

Roading

TOTAL

Te Anau CB

$-*

$-

$-

$-

$-

$-

Note 1:These contribution amounts do not include GST

 

* The Council is proposing to put development contributions into remission across the district in order to encourage economic growth. As such, the Te Anau / Manapouri Treatment and Disposal project would be funded through rates and contributions which have already been recovered. Council will periodically review its decision to remit development contributions to ensure that it remains appropriate in consideration of the economic and population growth.

 

If development contributions were not placed in remission, the amount of contributions for the Te Anau / Manapouri Treatment and Disposal project would be $2,707.36 per unit of demand from 1 July 2015.


 


Council

19 May 2015

 

 

 

 

 

6.       ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Council

Decision on whether to review and reinstate the Policy when in remission

 

 

7.       REVISION RECORD

 

This policy may be reviewed at any time but no longer that three years from the date of its adoption.

 

Section 106(6) of the Local Government Act 2002 requires that a policy on development or financial contributions must be reviewed at least once every three years using a consultation process that gives effect to Section 82 of the Act.

 

Date

Version

Revision Description

r/14/11/17513

Development and Financial Contributions Policy

Long Term Plan 2015-25

r/14/6/8794

Development and Financial Contributions Policy

Annual Plan 2014-15

r/13/2/1981

Development and Financial Contributions Policy

June 2013

r/09/9/13493

Development Contributions and Reserve Contributions under Local Government Act 2002 Policy

LTP 2009-2019

 


Council

19 May 2015

 

 

APPENDIX 1 - DEFINITIONS AND ABBREVIATIONS

 

Definitions

Term

Meaning

Accommodation unit

Has the definition given to it in Section 197 2 of the Local Government Act 2002 which “means units, apartments, rooms in 1 or more buildings, or cabins or sites in camping grounds and holiday parks, for the purpose of providing overnight, temporary, or rental accommodation.”  

“AC cost”

means the cost for providing additional capacity to service the development of new households and businesses.

“Activity”

means a good or service provided by the Council under
Section 5 of the Local Government Act 2002), and for which development contributions are normally collected.

“Activity unit of demand”

means the demand for a community facility generated by development activity other than subdivision

“Additional capacity project” or “AC project”

means a capital project in the Long Term Plan intended only to provide additional capacity to service new and future households and businesses.

“Aged care room”

means any residential unit in a “rest home” or “hospital care institution” as defined in Section 58(4) of the Health and Disability Service (Safety) Act 2001.

“Allotment” or “lot”

has the meaning given to the term “allotment” in Section 218(2) of the Resource Management Act 1991. 

“Allotment” is defined under section 218(2) of the Resource Management Act 1991 as follows:

“(a)    any parcel of land under the Land Transfer Act 1952 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not:

          (i)  the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or

          (ii) a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or

(b)     any parcel of land or building or part of a building that is shown or identified separately—

          (i)  on a survey plan; or

          (ii) on a licence within the meaning of Part 7A of the Land Transfer Act 1952; or

(c)     any unit on a unit plan; or

(d)     any parcel of land not subject to the Land Transfer Act 1952.

“Bedroom”

means a room used for sleeping, normally accommodating no more than three persons.

Catchment

is an area of the District identified in this policy within which growth and development is occurring, which is likely, either solely or cumulatively, to give rise to the need for, or benefit from, particular Council activities.

“Combined project” or “AC/ILOS project”

means a project in the Long Term Plan intended to deal with shortfalls in levels of service to existing households and businesses by bringing assets up to the service standard and/or by providing additional service life, and to provide capacity for further growth.

“Commercial”

means non-residential development using land or buildings for the provision of goods and services in the course of a trade or business and includes retail development.

“Community facilities”

means parks and reserves, network infrastructure, or community infrastructure for which development contributions may be required.

“Community infrastructure”

has the definition given to it in Section 197(2) of the Local Government Act 2002.

“Development”

has the definition given to it in Section 197(1) of the Local Government Act 2002.

“Development contributions calculation period”

means the period between 1 July 2015 and a date 30 years after the date of adoption of this policy.

District Plan

The Operative Southland District Plan including any proposed plan or variation.

“Dwelling unit”

means any building or group of buildings or any part of those buildings, used or intended to be used solely or principally for residential purposes and occupied or intended to be occupied by not more than one household – and includes a minor household unit, a utility building or any unit of commercial accommodation.

“Household unit”

A building or part of a building capable of being used as an independent residence and includes dwelling apartments, semi-detached or detached houses, units, town houses, granny flats (or similar), and caravans (where used as a place of residence or occupied for a period of time exceeding six months in a calendar year).

“ILOS cost’

means the cost of improving levels of service to existing households and businesses by bringing assets up to the service standard and/or by providing additional service life.

“Improved level of service project” or “ILOS project”

means a capital project in the Long Term Plan intended only to deal with shortfalls in levels of service to existing households and businesses by bringing assets up to the service standard and/or by providing additional service life.

“Industrial”

A non-residential development using land or buildings where people use material and physical effort in the course of a trade or business to:

·                Extract or convert natural resources,

·                Produce goods or energy from natural or converted resources,

·                Repair goods; but

does not include mineral extraction or farm buildings associated with normal farming operations including sheds, barns, garages and buildings for indoor poultry livestock and crops production.

“Legally established”

means, in relation to any lot or development, any lot for which a title has been issued, or any dwelling, commercial or industrial unit for which a code compliance certificate has been issued. Legally established development includes buildings and structures that can be shown to have been in existence when this policy became operative on 1 July 2012, but have since been demolished.

“Lot unit of demand”

means the demand for a community facility generated by the creation of lots through subdivision.

“Net lettable area”

means the area for which a tenant could be charged for occupancy under a lease.  Generally, it is the floor space contained within a tenancy at each floor level measured from the internal finished surfaces of permanent external walls and permanent internal walls but excluding features such as balconies and verandahs, common use areas, areas less than 1.5 m in height, service areas, and public spaces and thoroughfares.

“Non-residential lot or development”

Any lot or development that is not for residential purposes.  This includes:

·                All buildings that are considered a fundamental place of work such as dairy milking sheds, shearing sheds, and indoor farming facilities such as chickens or pigs

·                All buildings for the provision of sport, recreation or entertainment,

All buildings for the provision of social and cultural pursuits.

“Past surplus capacity”

means capacity in assets provided as a result of capital expenditure made in anticipation of development since 1 July 2001.

“Remaining surplus capacity”

means the estimated remaining capacity in capital assets at the end of the Long Term Plan period, available to service future development occurring after the Long Term Plan period.

“Residential development”

Any use of land and/or buildings by people for the purpose of living accommodation. It includes accessory buildings and leisure activities associated with needs generated principally from living on the site.

“Retirement unit”

means any residential unit other than an aged care room, in a “retirement village” as defined in section 6 of the Retirement Villages Act 2003.

“Serviced Site”

means any site dedicated for the location of a vehicle or tent for the accommodation of persons, which is provided with utility services such as water supply, wastewater disposal, solid waste disposal, electricity or gas, either directly to the site or in the immediate vicinity.

“Surplus capacity project” or “SC project”

means a past capital expenditure project carried out since 1 July 2001 in anticipation of new development and providing surplus capacity for further development.

Utility Building”

is a structure containing facilities (such as toilet, shower, laundry, hot water cylinder, laundry tub) that make the site habitable prior to or during the erection of a dwelling.

“Unit of demand”

is a unit of measurement by which the relative demand for an activity, generated by different types of development (existing or proposed), can be assessed. A unit of demand may be expressed as a lot unit of demand or an activity unit of demand.

 


 

APPENDIX 2 - DEVELOPMENT CONTRIBUTION CATCHMENTS

 

Community Facility

Catchment

Development to which Development Contribution Applies

Water supply

10 drinking water supply scheme areas and 2 mixed potable / rural water supply areas

Development in any separate water supply scheme

Sewerage

18 sewerage scheme areas

Development in any separate sewerage scheme

Community infrastructure

Waihopai Toetoes Ward, Winton Wallacetown Ward, Mararoa Waimea Ward, Waiau Aparima Ward, Stewart Island Rakiura Ward

Development in each separate ward

 


 

APPENDIX 3 - ASSESSMENT OF SIGNIFICANT ASSUMPTIONS

 

Assumption

Level of Uncertainty

Potential Effects

The rate, level and location of growth will occur as forecast in the rating growth projections accompanying the Long Term Plan

High

Lower than forecast growth will result in a significant under-recovery of development contributions revenue

Capital expenditure will be in accordance with the capital works programme in the Long Term Plan and future capital expenditure is based on the best available knowledge at the time of preparation.  These are to take into account known or likely construction costs and assumed inflation rates

Moderate

In current circumstances significant changes to the capital programme are unlikely

No significant changes to service standards are expected to occur other than those planned for in the Asset Management Plans

Low

No significant effects anticipated

The level of third party funding (such as NZ Transport Agency subsidies) will continue at predicted levels for period of the Long Term Plan

Low

No significant effects anticipated

There will be no significant variations to predicted rates of interest and inflation to those set out in the Long Term Plan

Low/Moderate

No significant effects anticipated

Each residential dwelling comprises the average number of residents from the 2013 Census. The demand on Council assets placed by a standard dwelling (Unit of Demand) is assumed to be 2.5 persons per dwelling and this is applied District-wide

Moderate

The average dwelling occupancy will remain steady over time but there may be local areas where residential occupancy goes above the District average and places increased demands on infrastructure form that anticipated

 


 

APPENDIX 4 - SUMMARY OF FINANCIAL CONTRIBUTION PROVISIONS 

 

Section 106(2)(f), if the Council is to require financial contributions then this policy must summarise the provisions that relate to financial contributions in the District Plan. 
Section 2.14 of the Proposed Southland District Plan 2012 requires the following contributions:

 

Roading - A contribution may be required for the development, maintenance and upgrading of roading infrastructure that’s serves the subdivision.  The amount of contribution is 100% of the cost of the required work reduced with regard to:

 

(a)        the current status and standard of roading leading to and fronting the site;

 

(b)        the benefit of works to existing users and the wider public;

 

(c)        the standard and classification of the road and expenditure required to meet this standard;

 

(d)        the use or likely future use of the road by other parties; contributions made by central government and other agencies towards the development of the road; and

 

(e)        previous financial contributions from developers who will benefit from the work.

 

Reserves - A contribution may be required in the following situations:

 

(a)        a contribution of 2% of the value of additional allotments created by subdivision, up to a maximum value of 2% of the value of 1,000 m2 per lot, where existing reserves in the locality cannot deal with additional demand; or

 

(b)        a contribution of  1% of the value (given as money or land) of additional allotments created by subdivision for minor improvements to existing reserves in the locality up to a maximum value of 1% of the value of 100 m2 per lot;

 

(c)        a contribution of the value of 20 m2 for each additional residential unit created in a development; or

 

(d)        a contribution of the value of 4 m2 of land for each additional 100 m2 of net
non-residential building floor area created in a development in the Urban Zone, Commercial Precinct or Industrial Zone. 

 


 

APPENDIX 5 - CALCULATING UNITS OF DEMAND FOR COMMERCIAL DEVELOPMENT

 

Industrial and other non-residential development (other than commercial development) will be subject to special application under section 3.7 of this policy. In calculating the units of demand generated by commercial development for water supply and sewerage, as compared to that of an average dwelling unit, Council accepts that demand may vary between different types of commercial activity. However changes to the type of business over time may not constitute “development” under the Act or even trigger a resource consent, building consent or new connection requiring a development contribution. This policy therefore treats all types of commercial activity as generating the same average unit of demand for a given net lettable area.

 

Water - comparison of residential and commercial demand

 

The residential daily demand for water comprises that for domestic purposes and
non-domestic uses (eg gardening, car washing, fire fighting, leakages etc). 

 

The following figures are used in the assessment:

 

(a)        The average daily residential demand for domestic purposes is 230 litres/person/day.

 

(b)        The average daily residential demand for non-domestic purposes is
1,200 litres/dwelling.

 

In determining the  units of demand for one dwelling unit, it is noted that not all potential demand will occur at the same time and therefore an average peak of four persons per household is used to assess peak usage per dwelling at 2,120 litres/day (4 x 230 litres/day + 1200 litres).

 

Water consumption sampling[5] of various commercial premises, offers data for premises which may be typical of many Southland main street businesses in the range 0 - 5,000 m2 net lettable area (NLA). These would also generally be premises naturally rather than mechanically cooled with air conditioning systems using higher quantities of water.

 

Sampling found consumption in the range 875 - 1,200 m3 (average 1,037 m3) per annum per 1,000 m3 NLA.  This converts as follows:

 

Commercial premises consuming an average 2,840 litres per day per 1,000 m2 NLA; thus

If 2,120 litres per day is 1 unit of demand for residential; then

2,840 litres per day (1,000 m2 NLA) is 1.3 units of demand; then

769 m2 NLA is 1 unit of demand.

 

Sewerage - comparison of residential and commercial demand

 

Average daily residential wastewater flows are assumed to equate to the domestic purposes water use of 230 litres/person/day, with water for non-domestic purposes not finding its way to the sewer.  Average peak usage per property at 4 persons per dwelling is therefore 920 litres/day (4 x 230 litres/day).

 


 

It is assumed that all water consumption on commercial premises (2,840 litres per day per 1,000 m2 NLA in main street situations will find its way to the sewer. To calculate the units of demand for sewerage:

 

Commercial premises generate an average 2,840 litres sewerage per day per 1,000 m2 NLA; thus

If 920 litres per day is 1 unit of demand for residential; then

2,840 litres per day (1,000 m2 NLA) is 3.1 units of demand; then

322 m2 NLA is 1 unit of demand.

 

 

APPENDIX 6 - CALCULATION OF DEVELOPMENT CONTRIBUTION AMOUNT ON A DEVELOPMENT

 

The formula in Section 3.2.1 of this policy calculates the demand on infrastructure from any development site after the proposed development has taken place (n) and subtracts the existing demand already generated by the site before the development occurs (x). In this way, it identifies only additional demand placed on infrastructure as a result of the development. This additional demand is multiplied by the development contribution amount for each type of infrastructure to calculate the total development contribution payable.

Using Table 1 of this policy, the units of demand before and after development are calculated, as the greater of the number of lot units of demand making up the development site OR activity units of demand (building development) on the development site at the time. 

 

The calculation is [(a) X [Σ(n) – Σ(x)]] + GST where:

 

(a) is the development contribution for the catchment eg sewerage $1,316 per unit;

 

(x) is, for each lot existing before development, the lot units of demand OR activity units of demand whichever is the greater;

 

(n) is, for each lot after the development, the lot units of demand OR activity units of demand whichever is the greater.

 

Residential development example using Table 1:

 

Before development                                After development

Additional units of demand Σ(n) - Σ(x) = 4(n) - 2(x) = 2 Units

Development contribution for sewerage is 2 units X $1,316 = $2,632 + GST.

 

Commercial development example using Table 1:

Before development                                After development

Additional units of demand Σ(n) - Σ(x) = 4.1(n) - 2 (x) = 2.1 Units

Development contribution for sewerage is 2.1 units X $1,316 = $2,764 + GST.


Council

19 May 2015

Description: sdclogo

 

Remission and Postponement of Rates Policy

Record No:        R/15/4/7145

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        The purpose of this report is to ask Council to review the public submissions on the Remission and Postponement of Rates Policy and for Council to adopt the policy.

Executive Summary

2        In order to remit or postpone rates, local authorities require an appropriate policy. 
Southland District Council currently remits and postpones rates under the Relief, Remission and Postponement of Rates Policy.  While this policy sets out the categories of relief and postponement, it does not clearly establish the criteria which need to be met for Council to remit or postpone rates.

3        The draft Remission and Postponement of Rates Policy has been developed to address the need for clear conditions and criteria to be established.  The draft policy was released for public consultation as part of a parallel process that ran concurrently with the
Long Term Plan 2015-2025 consultation process.  Council received four submissions in relation to this policy.

4        In developing the Remission and Postponement of Rates Policy, Council officers have also identified additional categories or relief or postponement.

5        The Remission and Postponement of Rates Policy is intended to provide clarity to the public for when Council considers applications for remission or postponement of rates.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Remission and Postponement of Rates Policy” dated 13 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Adopts the Remission and Postponement of Rates Policy.

 


 

Content

Background

6        Council released the draft Remission and Postponement of Rates Policy for public consultation as part of a process running parallel with consultation for the Long Term Plan 2015-2025.

7        Conditions and criteria have been included for each existing category of remission and postponement to indicate when applications will be considered.

8        The policy also includes the following additional categories:

·              Remission of rates for wheelie bin services reduced or cancelled during the year;

 

·              Remission of the roading rate for rating units with no primary address;

 

·              Remission of school sewerage charges; and

·              Remission of 50% rates (with the exception of services rates) in respect of land owned or used by:

-           a society incorporated under the Agricultural Pastoral Societies Act 1908, or

-           a society or association (whether incorporated or not) for games or sports, except galloping races, harness races or greyhound races, or

-           a society or association (whether incorporated or not) for the purpose of the arts.

Issues

9        Council received four submissions on the draft Remission and Postponement of Rates Policy.  Two submissions supported the draft policy, one queried the circumstances in which remission or postponement would apply and one was opposed to any form of remission or postponement.  Submissions provided limited detail regarding the preferences expressed as they were received online in conjunction with other comments on the Long Term Plan
2015-2025.

10      Excerpts from the submissions which commented on this policy are attached to this report.  Submissions commented on a number of issues and the excerpts reflect only the part of these submissions which relate to the Remission and Postponement of Rates Policy.  The full submissions are located in the submissions booklet.

Factors to Consider

Legal and Statutory Requirements

11                  Under Section 102 of the Local Government Act 2002, councils are able to remit and postpone rates if they adopt an appropriate policy.  Southland District Council is currently consulting on proposed changes to its Relief, Remission and Postponement of Rates on Policy (the Policy).

12                  Section 109 (2a) of the Local Government Act (2002) states that the policy must be reviewed at least once every six years and that public consultation must be undertaken.

Community Views

13                  Submissions summarised in the Issues section of this report allow Council to consider community views.

14                  Criteria used in the policy are also consistent with a number of other local authorities throughout New Zealand.  Council has not removed existing categories of exemption or postponement and because the financial impact of this issue is relatively minor.

Costs and Funding

15                  There are no costs associated with implementing the policy (Option 1).  Currently, the financial value of remitted and postponed rates is low and the number of ratepayers granted remissions and postponements is small.  This is unlikely to change if the policy is adopted.

Policy Implications

16                  Council’s Remission and Postponement of Rates Policy is required to be reviewed every six years.

Analysis

Options Considered

17      Council released the following options for consultation in a process which ran concurrently with consultation on the Long Term Plan 2015-2025:

·              Option 1:  Adopt the proposed Remission and Postponement of Rates Policy; and

·              Option 2:  Maintain the existing Relief, Remission and Postponement of Rates Policy.

Analysis of Options

Option 1

Advantages

Disadvantages

·        The proposed policy provides conditions and criteria for each category of remission or postponement.  Conditions and criteria clarify when an application will be considered by Council.  This provides clear guidelines to the public about what to expect from Council and enhances the decision making framework for Council officers.

·        The proposed policy increases compliance with the Local Government (Rating) Act 2002 by setting out when Council will consider applications for remission or postponement.

 

 

·        This formally establishes categories of remission for schools and for associations such as Agricultural and Pastoral societies, associations for games and sports and associations for any branch of the arts.

 

·        There are new clauses relating to utilities and wheelie bins, to allow for remissions of the roading rate for rating units categorised as ‘other utilities’ with no primary address, and remissions for cancellation or reduction of service in relation to wheelie bins.

·        There are no significant disadvantages which arise from this option.

Option 2

Advantages

Disadvantages

·        The proposed policy (Option 1) builds and clarifies the existing policy.  Since the proposed policy does not remove any existing categories of rates remission or postponement, there are no advantages to retaining the existing policy (Option 2).

·        Maintaining the existing policy does not provide clarity to the public or when Council will consider applications for rates remission and postponement.

Assessment of Significance

18     Proposed changes have not been assessed as significant.  The number of ratepayers currently receiving remissions or postponement of rates (and therefore affected by the policy) is small.  Further, the financial implications of the policy for the Council are relatively minor.

19      Since Council has not removed any categories of remission or postponement which are currently available under its existing Relief, Remission and Postponement of Rates Policy, changes to the policy’s intent are not significant.  The proposed Remission and Postponement of Rates Policy merely clarifies the conditions and criteria in which applications for remission or postponement may be considered.  This provides additional clarity to ratepayers and to Council officers.

Recommended Option

20      It is recommended that Council approve the Remission and Postponement of Rates Policy (Option 1).

Next Steps

21      If the policy is adopted, additional detail will need to be included in invoices.

Attachments

a         Excerpts from public submissions received on the draft Remission and Postponement of Rates Policy View

b         Remission and Postponement of Rates Policy View    

 


Council

19 May 2015

 

Excerpts from Public Submissions on the Draft Remission and Postponement of Rates Policy

 

Submission Number

Comment

18

Okay you decide this under what circumstances?

62

There should be no remission or postponement of rates whatsoever.

63

Agree.

66

A clear policy and rules are better than none.  (Draft Rates Remission Policy).

 


Council

19 May 2015

 

 

SOUTHLAND DISTRICT COUNCIL

REMISSION AND POSTPONEMENT OF RATES POLICY

 

 

This policy applies to:  All Southland District ratepayers. 

 

DOCUMENT CONTROL

 

Policy owner:

Chief Financial Officer

TRIM reference number:

r/14/11/17468

Effective date:

«type date»

Approved by:

Council

Date approved:

«type date»

Next review date:

«type date»

 

 

CONTENTS

 

1.           PURPOSE.. 1

2.           DEFINITIONS AND ABBREVIATIONS.. 1

3.          BACKGROUND.. 1

4.           POLICY DETAILS.. 1

4.1         Rating of small community and sports associations with liquor licences. 1

4.2         Community facilities owned by persons, general clubs, societies or associations. 2

4.3         Remission of penalties. 3

4.4         Extreme financial hardship - remission of rates. 4

4.5         Rates remission for school sewerage charges. 5

4.6         Extreme financial hardship - postponement of rates. 6

4.7         Grants in lieu of remissions of rates. 7

4.8         Remission of rates in exceptional circumstances. 7

4.9         Remission of rates for cancellation or reduction of wheelie bin service. 8

4.10      Making an application. 9

5.           ROLES AND RESPONSIBILITIES.. 10

6.           ASSOCIATED DOCUMENTS.. 11

7.           REVISION RECORD.. 11

 


Council

19 May 2015

 

REMISSION AND POSTPONEMENT OF RATES POLICY

 

 

1.   PURPOSE

 

Where it is considered fair and reasonable to do so, Southland District Council can grant a remission or postponement of certain rates.  This policy specifies the circumstances under which rates will be considered for remission or postponement.  The objectives of the policy are to:

·        Provide financial assistance and support to ratepayers where it is reasonable          to do so.

·        Address rating anomalies.

·              Provide Council with the ability to act reasonably in administering its rating powers and policies.

·        Address other objectives as detailed in this policy. 

 

Southland District Council’s Remission and Postponement of Rates Policy has been developed in accordance with the Local Government (Rating) Act (2002) Sections 85 and 87, and Local Government Act (2002) Sections 102(2), 109 and 110.

 

 

2.   DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

Service Rates

As referenced in the Funding Impact Statement

Sports Associations

Sports associations include societies, clubs or association of persons (whether incorporated or not) for games or sports, except galloping races, harness races, or greyhound races.

 

 

3.  BACKGROUND

 

This policy is being updated for release in conjunction with the Long Term Plan
2015-2025.  The current policy provides additional clarity regarding the conditions and criteria under which rates will be remitted or postponed. 

 

 

4.   POLICY DETAILS

 

4.1       Rating of small community and sports associations with liquor licences

 

Council recognises the contribution that community, sports and other community associations make to their community and acknowledges that small associations may have limited financial resources. 

 

Providing rates remission to small community and sports associations facilitates the ongoing provision of non-commercial recreational opportunities and makes participation accessible to our communities.


 

4.1.2    Conditions and criteria

 

Community and sports associations that hold a liquor licence may apply for partial remission of rates (other than services rates) as follows:

•           Community and sports associations with a membership of up to 75 full time member equivalents shall be entitled to a 25% remission.

•           Community and sports associations with a membership of not less than 75 and no greater than 100 full time member equivalents shall be entitled to a 12.5% remission.

•           This policy applies to land owned by Council or owned and occupied by a charitable organisation, which is used exclusively or principally for sporting, recreation, or community purposes other than galloping races, harness races and greyhound races. 

•           This policy does not apply to organisations operated for private pecuniary profit. 

•           The sporting club or organisation must hold the liquor licence as an incidental activity to the primary purpose of occupancy. 

•           Any restaurant, bar and gaming machines areas for Chartered Clubs are excluded from this remission and will be rated at the full commercial rating. 

•           The sporting club or organisation will be required to complete a yearly statutory declaration on or before 31 March, confirming that it meets the conditions and criteria under the policy.

 

In all cases, land that is used for the private pecuniary profit of any members of the society or association shall not be eligible for a rates remission. 

4.2       Community facilities owned by persons, general clubs, societies or associations

 

Council owned public halls are not liable for rates under Schedule 1 of the
Local Government (Rating) Act (2002).  However, in addition to Council owned halls, there are a variety of organisations who own public halls, libraries, museums, art galleries or other similar institutions which provide a benefit to the community as a whole.  This policy provides for 100% rates remission (with the exception of services rates) for these organisations.

 

Part 2 of Schedule 1 also provides for 50% rates remission (with the exception of services rates) in respect of land owned or used by:

•      a society incorporated under the Agricultural Pastoral Societies Act (1908), or

•           a society or association (whether incorporated or not) for games or sports, except galloping races, harness races or greyhound races, or

•           a society or association (whether incorporated or not) for the purpose of the arts. 

 


 

4.2.1    Conditions and criteria

 

Rating unit(s) owned by a ratepayer other than Council and used for a public hall, library, museum, art gallery, or other similar institution may apply for a 100% remission on all rates other than service rates on that rating unit.  Applications for remission will be considered if:

·              Community facilities do not operate for private pecuniary profit. 

·              Community facilities do not receive any funding from government agencies or have any contracts for fee for service with government agencies.  Community facilities which are rated for by Council are not considered to receive government funding under this policy. 

·              Community facilities operate on a voluntary basis and have no full-time or part-time paid employees or contractors operating in this capacity. 

 

Applications for a 50% rates remission will be considered if the land is owned or used by:

•           a society or association of persons (whether incorporated or not) for the purpose of any branch of the arts;

•           a society incorporated under the Agricultural and Pastoral Societies Act (1908) as a showground or place of meeting; or

•           a society or association of persons (whether incorporated or not) for games or sports, except galloping races, harness races, or greyhound races.

 

The 50% remission is on all rates other than service rates on that rating unit.  Under the Local Government (Rating) Act (2002) Schedule 1, Part 2, land used for the private pecuniary profit of any members of the society or association is excluded from this form of remission.  If the land is subject to a licence under the Sale and Supply of Alcohol Act 2012  it is not eligible for this form of remission.

 

4.3     Remission of penalties

 

Penalties applied to outstanding rates instalments and the amount outstanding at the end of each financial year may be applied in accordance with Sections 57 and 58 of the Local Government (Rating) Act (2002).  Southland District Council recognises that applying penalties may exacerbate financial hardship and that in some instances there may be a fair and reasonable explanation for delays in payment. 

 

Penalties may be remitted in accordance with Section 109 of the Local Government Act (2002) and Section 85 of the Local Government (Rating) Act (2002).  This policy provides for a discretionary right to remit total penalties on rates, or a portion thereof in circumstances which the Council considers it reasonable to do so.

 

4.3.1 Conditions and criteria

 

The practice of a penalty for non-payment of rates by due date is an accepted standard practice for local authorities and delay in mail delivery does not constitute justification for remission.  Remission of penalties will be considered under the following conditions and criteria.

 


 

Late payments

A payment has been received after the date fixed for imposition of a late penalty charge, provided that none of the previous four instalments were similarly received late. 

 

Council has discretion to remit one instalment penalty in any one rating year for lateness where payment is made within five working days of the due date.  In such cases, consideration will be given to the history of payments by the ratepayer. 

 

Payment arrangement made for arrears

Remission will be considered if a ratepayer makes satisfactory arrangements for regular and substantial reduction of arrears.  Remission will only occur if arrangements are fully met.  If arrangements are not met, penalties may be
re-applied. 

 

Significant family disruption

Remission will be considered if a ratepayer provides sufficient information which, if considered genuine and if substantiated with reasonable excuse for late payment, would justify remission for late penalty charges.  Remission will be considered in the case of death, illness or accident of a family member. 

 

Missing payments

Remission will be considered if a remission of one instalment penalty in any one rating year may be granted where it is considered that a cheque or credit card deduction slip may have gone missing through no fault of the ratepayer.  Applications to remit penalties under this section will only be considered providing the missed instalment is paid within seven days of the application.

 

Payment misallocation

Remission of instalment penalties may be granted where instalment payments have been received by Council and applied to an incorrect internal account.

 

            Where payments are repeatedly receipted to incorrect internal accounts due to ratepayer action (such as internet banking errors) Council will advise the ratepayer of the correction necessary for future payments and may refuse to remit any further penalties for this reason.

 

Penalties on Small Overdue Balances

 

When a small balance which is uneconomical to collect is overdue, Council may write off the balance and penalties as it considers appropriate.

 

4.4     Extreme financial hardship - remission of rates

 

Southland District Council understands that some ratepayers face extreme financial hardship.  Section 109 of the Local Government Act (2002) and Section 85 of the
Local Government (Rating) Act (2002) provides for the Council to remit part of the rates owing on the rating unit in cases of extreme hardship.  This policy allows for the remission of rates in cases of extreme financial hardship, due to any range of factors including, but not limited to illness and natural calamity.

 


 

4.4.1 Conditions and criteria

 

Each application for remission due to extreme financial hardship will be considered on its own merits.  However, the following conditions and criteria must be met before any remission is granted:

•           The applicant must be the owner of the property;

•           The applicant must reside at the property and the property must be classified as residential.  Companies, trusts and other similar ownership structures of these properties do not qualify for this remission;

•           The ratepayer has no assets except a low value property upon which rates are owed and where the ratepayer relies on supplementary benefits;

•           The applicant must declare total household income and their total financial position;

•           Council must be satisfied that the ratepayer will not have sufficient funds remaining after the payment of rates, health care and normal living expenses.  In considering the ratepayers position the Council may seek independent verification from a budget advisor or other agency working with the ratepayer.

•           Applications for remission of rates due to extreme financial hardship will be assessed independently from the Government Rates Rebate Scheme.  The Council shall consider whether postponement of rates is a more suitable option. 

4.5     Rates remission for school sewerage charges

 

This form of remission intends to provides relief and assistance to educational establishments that are subject to multiple pan charges for wastewater services as defined in the since repealed Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act (2001).

 

4.5.1 Conditions and criteria

 

This part of the policy will apply only to educational establishments as defined in the repealed Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act (2001).  The Policy does not apply to any school house, or any part of a school used for residential purposes.

 

The calculated number of pans of any educational establishment in any one year subject to the relevant wastewater targeted rate will be the lesser of:

•           The actual number of toilet pans in the establishment; or

•           The notional number of toilet pans in the establishment.  The notional number is calculated as one pan per 20 pupils/staff.  A part thereof a notional pan will attract no charge.

 

The charging regime to apply to these educational establishments will be the same as for commercial ratepayers with multiple pans.  That is a fixed amount per Separately Used or Inhabited Part of the education establishment will apply for the first two pans, with the third or more pan attracting a charge for each pan at 50 percent of the corresponding fixed amount.

 


 

4.6     Extreme financial hardship - postponement of rates

 

Southland District Council recognises that the postponement (in total or part) of rates and/or penalties in cases of hardship may be the most appropriate course of action.  This policy allows for the postponement of rates in cases of financial hardship where this is the most appropriate option. 

 

4.6.1 Conditions and criteria

 

A ratepayer may apply for postponement of rates and/or penalties in cases of financial hardship, due to any range of factors including, but not limited to illness and natural calamity.  Each application for postponement due to financial hardship will be considered on its own merits.  When rates are no longer eligible to be postponed on the property, all postponed rates will be payable immediately. 

Postponement of rates due to financial hardship may be considered if:

•           The ratepayer is the property owner. 

•           The property is used by the ratepayer as his or her permanent place of residence. 

•           The property is used solely for residential purposes. 

•      The ratepayer has not less than 25% equity in the property. 

•      The ratepayer provides a statutory declaration:

-    confirming that they do not own any other property or have a significant interest in a business or shares;

-    detailing the value of the ratepayers property insurance and the value of encumbrances against the property including mortgages and loans.

 

A postponement fee shall be added to all postponed rates to cover, but not exceed the administrative and financial costs of postponement to Council.  Postponement fees must be treated as part of the rates on a rating unit.  Postponement fees will be set annually as part of the rates resolution.

 

All postponed rates shall be registered as a charge on the land under the Statutory Land Charge Registration Act (1928).  No dealing with the land may be registered by the ratepayer while the charge is registered, except with the consent of Council.

 

4.6.2 Process and period of postponement

 

Rates may be postponed:

·                      Until the death of the ratepayer.

·                      The ratepayer ceases to own the rating unit.

·                      For a specified period so defined by Council.

·                      Until the postponed rates equate to 80% of the available equity in the property. 

·                      Until a date when the applicant/occupier ceases to use the property as his/her permanent place of residence; or to use the property solely for residential purposes.

 

Rates postponement agreements shall not exceed six years, but the ratepayer may apply for a continuation of the postponement at the termination of the agreement.

 

When an application for postponement is approved, the following provisions will apply:

•           Postponement will first apply in the year a completed application is received. 
The amount of rates postponed will not incur additional charges. 

•           Instead of the Council requiring payment of the full annual rates bill in the year in which it falls due, the ratepayer will be required to pay to the Council an appropriate minimum amount determined by the Revenue Manager. 

•           Any rates postponed shall be registered as a charge on the land. 

 

Not less than once annually every ratepayer whose rates have been postponed under this policy, will be provided with a statement showing the total annual rates currently due.  This will be itemised to show year by year the total amount of the postponed rates and postponement fees.

 

Following the end of the financial year, a schedule of rates postponed will also be provided to the Council (annually), listing all the properties for which rates postponements have been granted and which remain outstanding. 

 

4.6.3 Any part of postponed rates can be paid at any time

 

The applicant may elect to postpone the payment of a lesser sum than that which they would otherwise be entitled to have postponed under this policy.  Any part of the postponed rates and/or any additional charges may be paid at any time. 

 

4.7       Grants in lieu of remissions of rates

 

Where the application for remission does not meet other criteria listed above for remissions, but there is a community benefit gained from providing a remission, the Council or the respective Community Board or Committee of Council, may pay the rates on behalf of the ratepayer. 

 

4.7.1 Conditions and criteria

 

            Where such an application is made to Council or the respective Community Board or Committee of Council the appropriate body of elected representatives may resolve to pay the rates on behalf of the applicant or pay a grant to the applicant for the amount of the rates.

 

            Such applications will be considered on a case by case basis.  Applicants must demonstrate that rates cannot fairly and reasonably be expected to be funded from other sources and that providing a grant to fund rates will result in public benefit. 

 

            Any payments made as grants in lieu of remissions of rates shall be recorded as an expense against Council or the respective Community Board or Committee of Council.

 

4.8     Remission of rates in exceptional circumstances

 

Southland District Council recognises that there may be other instances where the collection of rates is not reasonable.  This policy allows for the remission of rates or penalties in exceptional circumstances on a case by case basis. 

4.8.1    Conditions and criteria

 

Some criteria for consideration for remission of rates in exceptional circumstances include, but are not limited to instances where:

·                      Adjustments are required to rates assessments that cannot then be collected under the Local Government (Rating) Act (2002).

·                      Penalties are related to rates that have been remitted.

·                      Collection of rates is uneconomic.

·                      There are special circumstances in relation to the rating unit, or the incidence of the rates (or a particular rate) assessed for the rating unit, which mean that the units rates are disproportionate to those assessed for comparable rating units.

·                      The circumstances of the rating unit or the ratepayer are comparable to those where a remission may be granted under the Council’s other rates remission policies, but are not actually covered by these policies. 

 

Council may of its own volition investigate and grant remission of rates or penalties on any land in the District.  The Council has final discretion to decide whether to grant a rates remission under this policy. 

 

4.8.2 Remission of roading rates on other utilities with no primary address

 

Some rating units classified as ‘Other Utilities’ do not have a primary address.  These rating units include infrastructure assets such as district water, wastewater and stormwater supply as well as utility and railway networks.  Because of the nature of these rating units, many have high capital value and no recorded land value.

 

Council will remit roading rates for these rating units because their capital values may not correlate with the demands they place on the roading network.  Further, these rating units supply services and infrastructure which benefit the community and district as a whole.  Council has taken the view that applying additional charges to these rating units is likely to result in costs being passed on to consumers.

 

4.8.3 Conditions and criteria

 

To be considered for remission of the roading rate, rating units must:

1.         Be classified by Quotable Value as ‘Other Utilities’; and

2.         Have no primary address.

 

4.9     Remission of rates for cancellation or reduction of wheelie bin service

 

Where a ratepayer cancels or reduces their wheelie bin service after they have been charged an annual rate, they may be eligible for a remission.  This form of remission reflects the part of the year where the service is cancelled or reduced.  A reduction in service refers to instances in which a ratepayer has elected to reduce the number of bins being collected during the year (eg moving from two to one).

 


 

4.9.1    Conditions and criteria

 

To be eligible for this form of remission a ratepayer must inform Council of the cancellation or reduction in wheelie bin service.  This must be confirmed by Council’s contractor. 

 

A remission will apply from the first day of the month after the wheelie bin has been returned to Council’s contractor.  Remissions will be automatically offset against the ratepayers account.

 

4.10   Making an application

 

Applications for remissions or grants in lieu of rates must be made prior to the commencement of the rating year.  Applications received during a rating year will be applicable from the commencement of the following rating year.  Applications will not be backdated.  Applications for postponement of rates due to financial hardship can be made at any time.

 

All decisions made under this policy by Council, Southland District Council staff and committees of Council are final. 

 

The following table outlines supporting documents which should accompany applications for remissions, postponement or grants in lieu of remission.  Additional information may also be requested.

 

Application type

Supporting documentation required

Rating units not connected to water and sewerage schemes

No application required.

Small community and sports associations with liquor licences

·          A statement of objectives. 

·          Financial accounts. 

·          Information on activities and programmes. 

·          Details of membership or clients. 

Community facilities owned by persons, general clubs, societies or associations

·          Statement of Objectives. 

·          Constitution or Trust Deed. 

·          Full financial accounts. 

·          Information showing extreme financial hardship and operating position. 

·          Information on activities and programmes. 

·          Information on funding sources. 

Remission of penalties

As requested by delegated staff.

Extreme financial hardship – Remission of rates

Remission of rates, or a portion thereof, may only be made after the Revenue Manager is satisfied of the ratepayer’s true financial position.  A review of the ratepayer’s financial records and commitments and a declaration from the ratepayer of their financial position should accompany any request made for this form of remission. 

Financial hardship - Postponement of rates

Postponement of rates, or a portion thereof, may only be made after the Revenue Manager is satisfied of the ratepayer’s true financial position.  Applications should include a review of the ratepayer’s financial records and commitments and a declaration from the ratepayer of their financial position. 

Grants in lieu of remissions of rates

Applications must state the reasons a grant is required and provide any supporting documentation appropriate.  Applications must also detail the public benefit which would be gained from providing a grant in lieu of remitting rates.

 

 

5.   ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Revenue Manager

The Revenue Manager has delegated authority to make decisions regarding the remission of rates and penalties. 

 

The Revenue Manager also has authority to request any further information and documentation required to make a decision regarding the remission or postponement of rates or penalties. 

Chief Financial Officer

The Chief Financial Officer has delegated authority to make decisions regarding the remission or postponement of rates and the application of postponement fees. 

 

Recommendations to Council regarding the calculation of postponement fees should be made by the Chief Financial Officer. 

Council or appropriate committee of Council

Southland District Council or the appropriate committee of Council may consider applications relating to grants in lieu of rates remission.

Southland District Council Water and Waste staff

Staff from Southland District Council’s Water and Waste Department are responsible for providing information to Rating Officers regarding remittances for rating units that have the capacity to be connected to water and sewerage systems but do not have a physical connection. 

 

 


 

6.   ASSOCIATED DOCUMENTS

 

•      Remission and Postponement of Rates on Māori Freehold Land Policy.

•      Local Government (Rating) Act (2002).

•      Local Government Act (2002).

•      Staff delegations. 

 

 

7.   REVISION RECORD

 

Date

Version

Revision Description

Relief, Remission and Postponement of Rates Policy

2012-2022 LTP Version

r/13/8/11128


Council

19 May 2015

Description: sdclogo

 

Remission and Postponement of Rates on
Māori Freehold Land Policy

Record No:        R/15/4/7155

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report presents a summary of feedback received on the draft Remission and Postponement of Rates on Māori Freehold Land Policy.

Executive Summary

2        Recently, Council reviewed its Remission and Postponement of Rates on Māori Freehold Land Policy, consistent with the requirements of Section 108 of the Local Government Act 2002.

3        Council proposed an option in which the policy would apply to all land within the
Southland District that has been deemed Māori Freehold Land by the Māori Land Court, except for land which contains a dwelling or is used for economic benefit.  The proposal would also require land owners of Māori Freehold Land to apply to the Southland District Council for rates remission or postponement.

 

Recommendation

That the Council:

a)         Receives the report titled “Remission and Postponement of Rates on
Māori Freehold Land Policy” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Adopts the Remission and Postponement of Rates on Māori Freehold Land Policy.

 


 

Content

Background

4        Remission and Postponement of Rates on Māori Freehold Land Policy (the policy) acknowledges that some Māori Freehold Land may have particular conditions, ownership structures or other circumstances which make it appropriate to remit or postpone rates. 
The policy sets out the criteria and conditions attached to the remission or postponement of rates on Māori Freehold Land.

5        Southland District Council proposes that the policy applies to all land that is deemed to be Māori Freehold Land by the Māori Land Court.  Land that has a dwelling on it or that is used for economic benefit will not be eligible for rates remission or postponement.  Owners of Māori Freehold Land may apply to Council for a remission or postponement of rates.

6        This policy takes into account the relationship of Māori and their culture and traditions with their ancestral land.

Issues

7        During consultation, Council presented three options for feedback.  The proposed option (Option 1) included the following changes to the policy:

•        The policy would apply to all land within the Southland District that has been deemed Māori Freehold Land by the Māori Land Court;

•        The policy would include rates remissions for land not currently held in a Trust but is still deemed Māori Freehold Land by the Māori Land Court;

•        References to ‘multiple ownership’ would be removed and the policy would therefore apply to all Māori Freehold Land within the Southland District;

•        The policy would require land owners of Māori Freehold Land to apply to the
Southland District Council for rates remission or postponement;

•        The policy would not apply to Māori Freehold Land which contains a dwelling or is used for economic benefit.

Factors to Consider

Legal and Statutory Requirements

8                    The Remission and Postponement of Rates on Māori Freehold Land Policy (the policy) is a statutory requirement under Section 108 of the Local Government Act 2002 and has to be reviewed every six years.

Community Views

9                    Council received a total of six submissions on the draft Remission and Postponement of Rates on Māori Freehold Land Policy.  Three (18, 63, 101) submissions supported the proposed Remission and Postponement of Rates on Māori Freehold Land Policy, stating it was appropriate and fair.  Two submitters (1, 66) stated that Māori Freehold Land should be rated on the same basis as other land and that ethnicity should not be reflected in rating structures.  One submitter (62) stated that they supported remission on Māori Freehold Land only where land has been set aside for public use. 

 

Costs and Funding

10                  There are no costs associated with implementing the policy (Option 1).  Currently, the financial value of remitted and postponed rates on Māori Freehold Land is low and the number of ratepayers granted remissions and postponements is small.  This is unlikely to change if the policy is adopted.

Policy Implications

11                  This policy will not be included in the Long Term Plan 2015-2025.  It does not impact significantly on other financial issues and rating.

Analysis

Options Considered

12      Southland District Council consulted on three options:

·          Option 1:  Use the proposed policy and remove the requirement from the current policy that land has to be held in ‘multiple’ ownership in order to remit and/or postpone rates;

·          Option 2:  Use the proposed policy and retains the requirement from the current policy that land has to be held in ‘multiple’ ownership (four plus persons) in order to remit and/or postpone rates; or

·          Option 3:  Status quo of the current policy that retains the requirement that land has to be held in ‘multiple’ ownership (four plus persons) in order to remit and/or postpone rates.

Analysis of Options

Option 1

Advantages

Disadvantages

·             Fewer problems regarding locating owners of land, where multiple owners exist.

·             Requires people to apply for rates remission so not automatically removing land owners from system.

·             Reliant on how Māori Land Court defines Māori Freehold Land
(ie legal test).

·             Could result in a greater number of land owners being granted rates remission, if land owners apply.

·             Does not detail definition of ownership (although this is clarified in Section 129 of Te Ture Whenua Māori Act 1993 as determined by the Māori Land Court).

Option 2

Advantages

Disadvantages

·             Defines multiple ownership clearly.

·             Less rates remissions granted under this policy.

·             Gain total annual rates of ~$55,000 from including the extra properties (from two plus to four plus).

·             Most of these properties have the Māori Land Court as their address, making it difficult to find the land owners.

·             Cost of finding land owners and collecting rates is not economical for Council.

Option 3

Advantages

Disadvantages

·             No change necessary.

·             Includes statements specific to particular land areas.

·             Complex for Council to administer.

Discussion

13      The draft policy provides for a system that supports owners of Māori Freehold Land to hold ancestral land for future generations while taking a practical and fair approach by using the criteria of the Māori Land Court for eligibility.

Assessment of Significance

14      Proposed changes have to the policy not been assessed as significant.  The number of ratepayers currently receiving remissions or postponement of rates on Māori Freehold Land (and therefore affected by the policy) is relatively low.  Further, the financial implications of the policy for the Council are minor.

Recommended Option

15      It is recommended that Council adopt the Remission and Postponement of Rates on Māori Freehold Land Policy.

Next Steps

16      If the policy is adopted, notification will need to be provided to the appropriate stakeholders to inform them of the requirement to apply for remission or postponement.

 

Attachments

a         Excerpts from public submissions received on draft Remission and Postponement of Rates on Māori Freehold Land Policy View

b         Remission and Postponement of Rates on Māori Freehold Land Policy View    

 


Council

19 May 2015

 

Excerpts from public submissions on the Draft Remission and Postponement of Rates on Māori Freehold Land Policy

 

Submission

Number

Comment

1

To achieve economic efficiency, ethnicity and ownership structure should not be reflected in  the rates.  Maintaining full rates on all freehold land according to current policy incentivizes owners to  amend their ownership structures if they find them cumbersome.

18

If appropriate and fair.

62

Unless Māori land has been set aside for public use then all Māori land should be subject to the same rates as all other ratepayers.

63

Agree.

66

Māori land should be rated on the same basis as other land.

101

The submitter provided a large number of comments on this topic.  For the full commentary see Submission No. 101 in the submissions booklet. 

 

TAMI also support Option 1 of the proposal for remission and postponement of rates on Māori Freehold Land.

 


Council

19 May 2015

 

 

SOUTHLAND DISTRICT COUNCIL

REMISSION AND POSTPONEMENT OF RATES ON MĀORI FREEHOLD LAND

 

 

This policy applies to:  Council and owners of Māori freehold land

 

 

DOCUMENT CONTROL

 

Policy owner:

Corporate and Financial Services

TRIM reference number:

R/14/9/13224

Effective date:

«type date»

Approved by:

«type date»

Date approved:

«type date»

Next review date:

«type date»

 

 

 

CONTENTS

 

1.           PURPOSE.. 2

2.           DEFINITIONS AND ABBREVIATIONS.. 2

3.           POLICY DETAILS.. 2

3.1         Background. 2

3.2         Objectives. 3

3.3         Conditions and Criteria for the Postponement and Remission of Rates on Maori Freehold Land  3

3.4         Postponement of Rates. 3

3.5         Remission of Penalties. 3

3.6         Remission of Rates. 4

3.7         Existing decisions on Maori Freehold land. 4

3.8         Length of decision. 4

4.           ROLES AND RESPONSIBILITIES.. 4

5.           ASSOCIATED DOCUMENTS.. 5

6.           REVISION RECORD.. 5

 


REMISSION AND POSTPONEMENT OF RATES ON MĀORI FREEHOLD LAND

 

 

1.   PURPOSE

 

            Southland District Council has developed the Remission and Postponement of Rates on Māori Freehold Land Policy (the Policy) to ensure fair and equitable collection of rates from all sectors.  The Policy recognises that certain Māori-owned lands have particular features, ownership structures or other circumstances that make it appropriate to provide rates relief.

 

            The Policy provides the framework for granting remissions and postponements for the payment of rates and penalties on Māori freehold land, as is adopted under Section 102(2)(e) and Section 108 of the Local Government Act (2002).

 

 

2.   DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

LGA

Local Government Act (2002)

LGRA

Local Government (Rating) Act (2002)

Maori freehold land

Land whose beneficial ownership has been determined by the Māori Land Court by freehold order.

Service Rates

As referenced in the Funding Impact Statement

 

 

3.   POLICY DETAILS

 

3.1     Background

 

The Southland District Council carries out its rating function in accordance with the requirements of the Local Government (Rating) Act 2002 (LGRA) and the LGA.

 

All Māori freehold land in the Southland District is liable for rates in the same manner as if it were general land (as per section 91 LGRA).

 

Māori freehold land is defined in the LGRA as land whose beneficial ownership has been determined by a freehold order issued by the Māori Land Court.  Only land that is the subject of such an order may qualify for remission or postponement under this policy.

 

Whether rates are remitted in any individual case will depend on the individual circumstances of each application.  Schedule 11 of the LGA identifies the matters which must be taken into account by Council when considering rates relief on Māori freehold land.

 

When considering the objectives listed below Council must take into account:

•           the desirability and importance of the objectives (3.2) to the District.

•           whether remitting the rates would assist attainment of those objectives.

 

3.2       Objectives

 

The objectives of rates remission and postponement on Māori freehold land by Council are:

(a)        supporting the use of the land by the owners for traditional purposes;

(b)        recognising and supporting the relationship of Māori and their culture and    traditions with their ancestral lands;

(c)        avoiding further alienation of Māori freehold land;

(d)        facilitating any wish of the owners to develop the land for economic use;

(e)        recognising and taking account of the presence of waahi tapu that may affect the use of the land for other purposes;

(f)        recognising and taking account the importance of the land in providing economic and infrastructure support for marae and associated papakainga housing (whether on the land or elsewhere);

(g)        recognising and taking account of the importance of the land for community goals relating to:

i.          the preservation of the natural character of the coastal environment,

ii.          the protection of outstanding natural features,

iii.         the protection of significant indigenous vegetation and significant habitats of indigenous fauna;

(h)        recognising the level of community services provided to the land and its  occupiers;

(i)         recognising matters related to the physical accessibility of the land.

 

3.3       Conditions and Criteria for the Postponement and Remission of Rates on Maori Freehold Land

 

Conditions for the rates to receive rates remission include for defined Maori freehold land to be:

·                not occupied by a dwelling, out-building or commercial building; and

·                not used for economic benefit.

 

Applications for remission of rates on Māori freehold land must be made in writing, and should include:

•           a description of the size, position and current use of the land,

•           an indication of the ownership and documentation that shows the land which is subject to the application for rates remission is Māori freehold land,

•           outline future plans for the land (if any),

•           sources and level of income generated by the land (if any),

•           financial accounts if requested,

•           outline the reason for the request,

•           describe how the application meets any one or more of the objectives listed in 3.2.

 

Council may grant a remission of up to 100% of all rates except Service Rates.

 

3.4       Postponement of Rates

 

Council does not postpone rates for Māori freehold land; however, it will remit 100% of rates (excluding Service Rates) on application, if the application meets the criteria set out in 3.2 and 3.3.

 

3.5       Remission of Penalties

 

Remission on rates penalties on Māori freehold land will be subject to application meeting the criteria set out in 3.2 and 3.3.  Each application will be considered on its merits and remission will be granted where it is considered just and equitable to do so.


 

Where significant arrears exist, penalties may be remitted whilst regular payments are made to reduce the arrears balance. 

 

Decisions on remission of penalties will be made on the same basis as remission of rates, with the delegated authority to remit penalties being given to the Chief Executive, with recommendations from the Revenue Manager.

 

3.6       Remission of Rates

 

An application for remission of rates must be considered by the Chief Executive.

 

All rates on Māori freehold land whose owners name or names (or the name of the lessee) appears on the valuation roll (under Section 92 of the LGRA) will be collected in the usual manner of rate collection and follow up.

 

All rates, rates arrears and penalties on Māori freehold land vested in trustees will be collected from income derived from that land and held by the trustees for the beneficial owners, but limited to the extent of the money derived from the land and held by the trustees on behalf of the beneficial owner or owners (as per Section 93 LGRA).

 

For Māori freehold land, any person who actually uses the land whether for residing, farming, storage or any other use, whether they have a lease or not, is liable to pay the rates (as per Section 96 LGRA).  The rates invoice will be delivered to that person and the rates will be collected in the usual manner.  Section 97 LGRA provides for the person to be treated as having used the whole of the land for the whole financial year, unless they can establish otherwise.

 

Rates arrears on Māori freehold land shall be reviewed annually and amounts determined by Council as uncollectible shall be written off (for accounting purposes) on such land.

 

3.7       Existing decisions on Māori Freehold land

 

Any decisions made by Council regarding rates remissions on Māori freehold land before
1 July 2015 remain recognised by Council.

 

3.8       Length of decision

 

Decisions regarding rates remission on Māori freehold land remain in perpetuity, unless the land becomes occupied or used for economic benefit. In this case, it is expected that the landowners would advise Council of the change in land use. If there is evidence of the use of the land for occupation or economic benefit, Council may request financial statements regarding the property in order to review a decision. Reviews of decisions regarding rates remission for Māori freehold land will be made by the Chief Executive.

 

 

4.   ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Revenue Manager

Receive applications and make recommendations to Chief Executive for remission of rates on Māori freehold land.

 

May request financial statements regarding the property if there is evidence that the land is occupied or being used for economic benefit.

 

May write off rates if the application is accepted

Chief Executive

Accept or decline applications for remission of rates on Māori freehold land.

 

Review applications, if applicable, for remission of rates on Māori freehold land.

 

 

5.   ASSOCIATED DOCUMENTS

 

·        Local Government Act (2002),

·        Local Government (Rating) Act (2002),

·        Relief, Remission and Postponement of Rates Policy (R/13/8/11128).

 

 

6.   REVISION RECORD

 

Date

Version

Revision Description

2012

 

Remission and Postponement of Rates on Māori  Freehold Land

R/13/8/11136 - Long Term Plan 2012-2022

2007

 

Rates Remission Policy for Māori  Freehold Land

2007/05/4523

26 June 2003

 

Remission and Postponement of Rates on Māori  Freehold Land

 

30 January 1997

Remission and Postponement of Rates on Māori  Freehold Land

 

 

 


Council

19 May 2015

Description: sdclogo

 

Early Payment of Rates Policy

Record No:        R/15/4/7162

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        The purpose of this report is to summarise community views on the draft Early Payment of Rates Policy and request that Council approve the policy with minor amendments as recommended by Council officers.

Executive Summary

2        This report summarises feedback received on the draft Early Payment of Rates Policy.
The proposed policy sets interest for water and sewerage loan repayments for a three year period.

 

Recommendation

That the Council:

a)         Receives the report titled “Early Payment of Rates Policy” dated 12 May 2015.

b)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

c)         Adopts the Early Payment of Rates Policy with amendments recommended in this report.

 


 

Content

Background

3        Southland District Council allows ratepayers connected to some sewerage and water schemes to choose whether they wish to make early payments of rates rather than pay annually.  Making early payments offers ratepayers the opportunity to reduce their overall costs by reducing the interest which applies if payments are made over a longer period.

4        The Early Payment of Rates Policy also clarifies the position of Southland District Council on the receipt of other rates as early payments.

Issues

5        The proposed policy sets interest for water and sewerage loan repayments for a three year period.  If repayment amounts were to change during this period, Council would need to
re-consult through an Annual Plan process.  The proposed policy calculates contributions on an annual basis including the annual rate of interest.

Council officers identified a typing error in the table of capital contribution targeted rates.  As highlighted in the table below, the 2015/2016 capital contribution targeted rate for Wyndham Sewerage Loan - 25 years (including connection cost) should be $6,888 (and was previously listed as $5,888).  It is recommended that this is corrected in the final policy.

 

Liability per unit per financial year (GST incl)

Schedule of water and wastewater

Capital Contribution Targeted Rates

If paid in 2015/16

($)

If paid in 2016/17

($)

If paid in 2017/18

($)

Edendale Sewerage Loan - 10 years (incl. connection cost)

3,684

2,847

1,899

Edendale Sewerage Loan - 15 years (incl. connection cost)

6,080

5,559

4,970

Edendale Sewerage Loan - 25 years (incl. connection cost)

7,052

6,851

6,624

Edendale Sewerage Loan - 10 years (excl. connection cost)

4,071

3,146

2,099

Edendale Sewerage Loan - 25 years (excl. connection cost)

5,683

5,521

5,338

Edendale Water Loan - 10 years

887

685

457

Edendale Water Loan - 15 years

1,572

1,438

1,285

Edendale Water Loan - 25 years

1,616

1,570

1,518

Gorge Road Sewerage Loan

2,022

1,666

1,263

Oban Sewerage - Loan Charge Extension

2,477

2,041

1,547

Sandy Brown Road Utility Loan

378

292

198

Tuatapere Sewerage Loan Charge - 15 years

3,772

3,397

2,971

Tuatapere Sewerage Loan Charge - 25 years

4,801

4,651

4,482

Wallacetown Sewerage Loan Charge - 15 years

2,351

2,074

1,761

Wallacetown Sewerage Loan Charge - 25 years

3,418

3,301

3,169

Wyndham Sewerage Loan - 10 years (incl. connection cost)

4,088

3,368

2,554

Wyndham Sewerage Loan - 15 years (incl. connection cost)

5,410

5,007

4,551

Wyndham Sewerage Loan - 25 years (incl. connection cost)

6,888

6,709

6,506

Wyndham Sewerage Loan - 10 years (excl. connection cost)

3,321

2,737

2,075

Wyndham Sewerage Loan - 15 years (excl. connection cost)

4,395

4,068

3,697

Wyndham Sewerage Loan - 25 years (excl. connection cost)

5,199

5,064

4,911

Wyndham Water Loan - 10 years

1,022

842

639

Wyndham Water Loan - 15 years

1,578

1,460

1,327

Wyndham Water Loan - 25 years

1,706

1,662

1,611

Factors to Consider

Legal and Statutory Requirements

6                    Under Section 55 of the Local Government (Rating) Act 2002, a local authority may adopt a policy for the payment of some or all rates that are identified in the rates assessment before the due date(s) for those rates in the current financial year. 
A policy adopted under this section may provide for the local authority to discount the amount of the rates if payment is made by a specified date before the due date or dates.

7                    There is also a requirement for policies on early payment of rates to be adopted using the special consultative procedure outlined in Section 83 of the Local Government Act (2002).  Council has met this requirement.

8                    The Statement of Proposal allows the Early Payment of Rates Policy to be released for public consultation in compliance with Section 83 of the Local Government Act (2002).

Community Views

9                    Council received four submissions on the draft Early Payment of Rates Policy. 
All submissions indicated support the draft policy but did not provide further comment.

10                  Excerpts from the submissions which commented on this policy are attached to this report.  Submissions commented on a number of issues and the excerpts reflect only the part of these submissions which relate to the Early Payment of Rates Policy.  The full submissions are located in the submissions booklet.

Costs and Funding

11                  There are no costs associated with the amendments in the proposed policy.
The policy does not change the amount of funding which will be collected, but rather allows ratepayers the flexibility to make early payment of these rates.

Policy Implications

12                  This policy will not be included in the Long Term Plan 2015-2025.  It does not impact significantly on other financial issues and rating.

Analysis

Options Considered

13      Council could choose:

·      Option 1:  To adopt the Early Payment of Rates Policy; or

·      Option 2:  Not to adopt the Early Payment of Rates Policy.

 

14     If Option 2 is chosen, Council will not legally be able to accept the early payment of rates under Section 55 of the Local Government (Rating) Act (2002).


 

Analysis of Options

Option 1

Advantages

Disadvantages

·        Provides flexibility for ratepayers to make payments in an appropriate manner.

·        Reduced overall cost to ratepayers as a result of saving on interest.

·        Adopting an Early Payment of Rates Policy allows Council to continue receiving early payment of rates in compliance with legislation.

·        Higher level of administration required.

Option 2

Advantages

Disadvantages

·        Less administration involved for Council officers.

·        Rates would need to be collected on an annual basis and as such ratepayers would pay more annually as a result of interest.

·        There is no flexibility available in how individuals wish to make payments.

Assessment of Significance

15      The adoption of an Early Payment of Rates Policy has not been assessed as significant.
The financial impacts relate predominantly to the method of collection rather than a significant change in the amounts collected.

Recommended Option

16      It is recommended that Council approve the Early Payment of Policy.

Next Steps

17      If Council chooses to adopt the Early Payment of Rates Policy, minor changes may be required to current rating practice.  For example, invoices may require the inclusion of further details and ratepayers would be required to make early payments by the last Friday in May, rather than the current due date of 30 June.

 

Attachments

a         Excerpts from public submissions received on draft Early Payment of Rates Policy View

b         Early Payment of Rates Policy View    

 


Council

19 May 2015

 

Excerpts from public submissions on the Draft Early Payment of Rates Policy

 

Submission

Number

Comment

1

I support this policy.

60

I approve of this policy.

63

Agree.

66

I support the proposed policy (Early Payment of Rates).

 


Council

19 May 2015

 

 

SOUTHLAND DISTRICT COUNCIL

EARLY PAYMENT OF RATES POLICY

 

 

This policy applies to: 

 

DOCUMENT CONTROL

 

Policy owner:

Chief Financial Officer

TRIM reference number:

r/15/2/3793

Effective date:

«type date»

Approved by:

Council

Date approved:

«type date»

Next review date:

«type date»

 

 

CONTENTS

 

1.           PURPOSE.. 1

2.          BACKGROUND.. 1

3.           POLICY DETAILS.. 1

3.1         Specified rates. 1

3.2         Conditions and criteria. 2

3.3         Liability per unit 2

3.3         Payment 3

4.           ROLES AND RESPONSIBILITIES.. 3

5.           ASSOCIATED DOCUMENTS.. 3

6.           REVISION RECORD.. 3

 

 


Council

19 May 2015

 

EARLY PAYMENT OF RATES POLICY

 

 

1.   PURPOSE

 

In accordance with Section 55 of the Local Government (Rating) Act 2002, which empowers councils to accept early payment of rates, Council will accept payment in full of all rates assessed in the current year on or before the due date for the first instalment of the year.  Early payment of rates will attract neither a discount, nor interest on the sum paid.

 

 

2.   BACKGROUND

 

The objective of this policy is to assist ratepayers who want to make payment of specified rates in anticipation of liability for the specified rates (Clause 3.1) in subsequent financial years.  This policy is made under Section 56 of the Local Government (Rating) Act 2002.  Its effect is to provide ratepayers with the opportunity to extinguish their liability in relation to the specified rates sooner than under the long term rating option, and at a discount to the amount payable over time.

 

This policy is limited to the specified rates listed in this policy.  Council will accept payment of other rates for subsequent financial years not listed in the conditions and criteria below.  However, early payment of these rates will attract neither a discount, nor interest on the sum paid.

 

 

3.   POLICY DETAILS

 

3.1 Specified rates

 

Definition:  “specified rates” means any one of the following targeted rates:

•      Edendale Sewerage Loan - 10 years (including connection cost),

•      Edendale Sewerage Loan - 15 years (including connection cost),

•      Edendale Sewerage Loan - 25 years (including connection cost),

•      Edendale Sewerage Loan - 10 years (excluding connection cost),

•      Edendale Sewerage Loan - 25 years (excluding connection cost).

 

•      Edendale Water Loan - 10 years,

•      Edendale Water Loan - 15 years,

•      Edendale Water Loan - 25 years.

 

•      Gorge Road Sewerage Loan.

 

•      Oban Sewerage - Loan Charge Extension.

 

•      Sandy Brown Road Utility Loan.

 

•      Tuatapere Sewerage Loan Charge - 15 years,

•      Tuatapere Sewerage Loan Charge - 25 years.

 

•      Wallacetown Sewerage Loan Charge - 15 years,

•      Wallacetown Sewerage Loan Charge - 25 years.

 

•      Wyndham Sewerage Loan - 10 years (including connection cost),

•      Wyndham Sewerage Loan - 15 years (including connection cost),

•      Wyndham Sewerage Loan - 25 years (including connection cost),

•      Wyndham Sewerage Loan - 10 years (excluding connection cost),

•      Wyndham Sewerage Loan - 15 years (excluding connection cost),

•      Wyndham Sewerage Loan - 25 years (excluding connection cost).

 

•      Wyndham Water Loan - 10 years,

•      Wyndham Water Loan - 15 years,

•      Wyndham Water Loan - 25 years.

 

3.2 Conditions and criteria

 

            As long as a Rating Unit is subject to one of the specified rates, the ratepayer may, at any time before the due date for the last instalment of rates payable in that financial year, pay an amount calculated in accordance with this policy to clear the rating unit’s liability for the specified rate for all future years.

 

            The sum to clear the Rating Unit’s liability will equal principal outstanding amount (excluding GST) applying to that specified rate, divided by the number of rating units liable for the targeted rate in the financial year (plus GST).

 

3.3 Liability per unit

 

In the 2015/16 financial year, the amount of the payment to clear a Rating Unit's liability will be:

 

Liability per unit per financial year (GST incl)

Schedule of water and wastewater

Capital Contribution Targeted Rates

If paid in 2015/16

($)

If paid in 2016/17

($)

If paid in 2017/18

($)

Edendale Sewerage Loan - 10 years (incl. connection cost)

3,684

2,847

1,899

Edendale Sewerage Loan - 15 years (incl. connection cost)

6,080

5,559

4,970

Edendale Sewerage Loan - 25 years (incl. connection cost)

7,052

6,851

6,624

Edendale Sewerage Loan - 10 years (excl. connection cost)

4,071

3,146

2,099

Edendale Sewerage Loan - 25 years (excl. connection cost)

5,683

5,521

5,338

Edendale Water Loan - 10 years

887

685

457

Edendale Water Loan - 15 years

1,572

1,438

1,285

Edendale Water Loan - 25 years

1,616

1,570

1,518

Gorge Road Sewerage Loan

2,022

1,666

1,263

Oban Sewerage - Loan Charge Extension

2,477

2,041

1,547

Sandy Brown Road Utility Loan

378

292

198

Tuatapere Sewerage Loan Charge - 15 years

3,772

3,397

2,971

Tuatapere Sewerage Loan Charge - 25 years

4,801

4,651

4,482

Wallacetown Sewerage Loan Charge - 15 years

2,351

2,074

1,761

Wallacetown Sewerage Loan Charge - 25 years

3,418

3,301

3,169

Wyndham Sewerage Loan - 10 years (incl. connection cost)

4,088

3,368

2,554

Wyndham Sewerage Loan - 15 years (incl. connection cost)

5,410

5,007

4,551

Wyndham Sewerage Loan - 25 years (incl. connection cost)

6,888

6,709

6,506

Wyndham Sewerage Loan - 10 years (excl. connection cost)

3,321

2,737

2,075

Wyndham Sewerage Loan - 15 years (excl. connection cost)

4,395

4,068

3,697

Wyndham Sewerage Loan - 25 years (excl. connection cost)

5,199

5,064

4,911

Wyndham Water Loan - 10 years

1,022

842

639

Wyndham Water Loan - 15 years

1,578

1,460

1,327

Wyndham Water Loan - 25 years

1,706

1,662

1,611

 

3.3 Payment

 

Elections must be in writing and addressed to the Chief Financial Officer or the Finance Manager.

 

The Council will credit the payment in accordance with the policy.

 

The discount offered by electing to make a payment in accordance with this policy equals the Council's estimate of the cost of interest (plus GST) over the estimated term of the specified rate.

 

 

4.   ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Chief Executive, Chief Financial Officer, Revenue Manager

Decisions about applying the discount will be made by the Revenue Manager, the Chief Financial Officer or the Chief Executive.

 

 

5.   ASSOCIATED DOCUMENTS

 

          •        Local Government (Rating) Act 2002 (Section 56),

          •        Southland District Council Revenue and Financing Policy.

 

 

6.   REVISION RECORD

 

Date

Version

Revision Description

 

 

 

 

 

     

 


Council

19 May 2015

Description: sdclogo

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

Recommendation

 

That the public be excluded from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

 

C10.1  Public Excluded Minutes of the Council Meeting dated 22 April 2015

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Public Excluded Minutes of the Council Meeting dated 22 April 2015

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

s7(2)(f)(ii) - The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

 

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

 

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists..

 

 

    



[1] TRIM documents: R/15/1/1659, R/15/1/1658, R/15/1/1657, R/15/1/1656, R/15/1/1655

[2] Neil Construction and Others v North Shore City Council (CIV 2005-404-4690)

 

[3] The Council notified its decisions on submissions relating to the financial contribution rules in the Proposed Southland District Plan on 26 November 2014. Pursuant to Section 86B(1) of the Resource Management Act 1991, those rules have legal effect. 

[4] For Te Anau sewerage, a calculation has been made to establish the portion (%) of the project attributable to demand, based on peak flow at times of high visitor demand, which overrides the standard needs/benefit matrix calculation.

[5] Water Performance Benchmarks for New Zealand: an approach to understanding water consumption in commercial office buildings, Bint, Isaacs and Vale, School of Architecture, Victoria University Wellington