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Council

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Council held in the Council Chambers, 15 Forth Street, Invercargill on Tuesday, 27 October 2015 at 9am.

 

present

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

Mayor Tong

 

 

IN ATTENDANCE

 

Group Manager Environment and Community Bruce Halligan, Group Manager Policy and Community Rex Capil, Environmental Health Manager Michael Sarfaiti, Communications and Governance Manager Louise Pagan and Committee Advisor Fiona Dunlop.

 

 

 

 


Council

27 October 2015

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1          Apologies

 

Apologies for absence were received from Councillor Baird and apologies for lateness received from Councillors Douglas and Ford.

 

Moved Cr Paterson, seconded Cr Dillon and resolved:

That Council accept the apologies.

 

 

2          Leave of absence

 

There were no requests for leave of absence.

 

 

3          Conflict of Interest

Mayor Tong declared a conflict of interest in relation to item 6.2 Draft Freedom Camping Bylaw 2015.  He advised that he would not take part in discussion or voting on the matter but would sit in the public gallery.

(Mayor Tong vacated the Chair and Deputy Mayor Duffy assumed the Chair.)

 

 

4          Public Forum

There was no public forum

 

 

5          Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

 

 

Reports - Policy and Strategy

 

 

6.1

Schedule of Oral Submitters for Draft Freedom Camping Bylaw 2015

Record No:         R/15/10/18627

 

Michael Sarfaiti Environmental Health Manager and Bruce Halligan Group Manager Environment and Community were in attendance for this item.

 

1.       Phillip Todd of the Invercargill Top 10 Holiday Park addressed the meeting in support of his submission.

 

He advised that he has been a Southlander for 36 years and operating his holiday park for 16 years and spoke of the many good things that Southland has to offer.

 

Mr Todd commented that the operators of holiday parks in the Invercargill area need to get out and talk to the people who use their facilities and promote the District and build on what there is to see and do.  Tourists sitting in a freedom camping car park are not finding out what there is to offer in Southland.

 

(During the oral submission from Mr Todd, Councillor Ford joined the meeting at 9.04am.)

 

2.       Leo Byatt addressed the meeting in support of his submission.

 

Mr Byatt’s submission supported:

·                The proposal to standardise the New Zealand Motor Caravan Association Model Bylaw

·                The proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only

·                The proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

·                The proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

 

He opposed the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Mr Byatt referred to various papers relating to the draft bylaw.  In particular he referred to the Christchurch City Council statement of proposal for their Freedom Camping Bylaw.

 

He thanked Council for putting in the blue signs and asked Council to consider being a motorhome friendly town.

 

Tabled papers – Appendix 1 to the minutes.

 

(During the oral submission from Mr Byatt, Mayor Tong left the meeting at 9.16am.)

 

3.       Nicholas Smart of the Catlins Surf and Accommodation addressed the meeting in support of his submission.

 

Mr Smart’s submission supported:

·                The proposal to standardise the New Zealand Motor Caravan Association Model Bylaw

·                The proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only

·                The proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

·                The proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

·                The proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

He advised that the Waikawa Domain is being overrun by freedom campers and that an “app” for mobile phones which is being used by campers is causing the increase in people stopping there.  He has notices that campers are staying longer than they should be.

 

Mr Smarts believes that if the bylaw is put in place then there should be a warden who patrols the area once or twice a week to enforce the rules.

 

(During the oral submission from Mr Smart, Mayor Tong returned to the meeting at 9.28am.)

 

4.       Janice England addressed the meeting in support of her submission.

 

Mrs England’s submission opposes:

·                The proposal to standardise the New Zealand Motor Caravan Association Model Bylaw

·                The proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

·                The proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Mrs England has no preference on the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and she supports the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

 

She also advised that freedom camping is taking money out of the District because Council will be spending money administering the bylaw and that the proposal for seven days in Tuatapere is unacceptable.

 

5.       Janice Templeton addressed the meeting in support of her submission.

 

Mrs Templeton’s submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw and the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

She had no preference on the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only.

 

Mrs Templeton supports the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Mrs Templeton advised that she is endorsing the Riverton/Aparima Community Board decision relating to the draft Freedom Camping and that there will be no change to the current policy.

 

6.       Helen Hammond representing Tuatapere Plunket did not address the meeting in support of the submission.

 

The meeting adjourned for morning tea at 10.09am and reconvened at 10.39am.)

 

(Councillor Douglas joined the meeting at 10.39am.)

 

(Councillors Bailey, Dillon, Dobson, Duffy, Ford, Harpur, Keast, Kremer, Macpherson, Paterson and Mayor Tong were present when the meeting reconvened.)

 

7.       Rachel Taylor representing the Catlins Coast Incorporated did not address the meeting in support of her submission.

 

8.       Craig Rutland of the Last Light Lodge in Tuatapere addressed the meeting in support of his submission.

 

Mr Rutland’s submission had no preference for the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw

 

The submission also supported the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only, the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Mr Rutland’s submission opposed the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

He advised that he had purchased the old forestry run facilities and had wanted to create a facility with a good atmosphere to enable people to mix and enjoy music but unfortunately had struck issues because of the rules and regulations that need to be followed.

 

Mr Rutland also advised that freedom camping around his facility has increased.  As a result he has issues with campers wanting to use his facilities and they are not prepared to pay for the use.  He has had to increase security as a result.

 

The meeting adjourned at 10.59am and reconvened at 11.18am.)

 

(Councillors Bailey, Dillon, Dobson, Douglas, Duffy, Ford, Harpur, Keast, Kremer, Macpherson, Paterson and Mayor Tong were present when the meeting reconvened.)

 

 


 

9.       Kevin Millard - Tokanui Food Centre did not address the meeting in support of his submission.

 

10.     Bruce Lochore and James Imlach representing the New Zealand Motor Caravan Association Inc addressed the meeting in support of their submission.

 

They asked that Council don’t adopt the bylaw and that Council needs to create a bylaw that meets the issues raised in submissions.  They felt that the submissions are emotional and inaccurate.

 

They advised that the New Zealand Motor Caravan Association Inc supports:

·                The explicit recognition of certified self-contained vehicles which is also consistent with the majority of community views

·                The general structure of the proposed bylaw in sections 1 to 8

·                The length of stay provisions

·                The schedule 2 maps which will help illustrate restricted and prohibited areas.

 

They recommended that Council delete various areas in the default prohibited areas as follows:

·                Urban zones

·                Roads

·                Council controlled carparks

·                Signposted lookouts and

·                Signposted picnic areas.

 

They also suggested that with the exception of the Te Anau retaining the designated sited within the prohibited area amending all mapped urban zones (schedule 2) to restricted areas for certified self-contained vehicles.

 

They further advised that the Association proposed bylaw is not a took being forced onto Councils.  Creating a bylaw to fix current problems is what this is all about.

 

11.     Callum Bruce on behalf of Marissa Bruce (Te Anau Four Square) By Video Link from the Te Anau Office addressed the meeting in support of the submission.

 

Mrs Bruce’s submission had no preference for the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only, the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

The submission did not support the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

 

Mr Bruce advised their opposition to the new designated site in Te Anau which is behind the Four Square.  Their opposition to the proposal is because it would open them up to more business burglaries, the safety of their staff leaving and starting work is compromised and slow down the delivery lane which operates day and night with delivery trucks particularly in the summertime.

 

12.     Murray Dowling did not address the meeting in support of his submission.

 

13.     Nick Watson did not address the meeting in support of his submission.

 

The meeting adjourned for lunch at 12.01pm and reconvened at 1.02pm.)

 

(Councillors Bailey, Dillon, Dobson, Douglas, Duffy, Ford, Harpur, Keast, Kremer, Macpherson, Paterson and Mayor Tong were present when the meeting reconvened.)

 

 

14.     Tony Edward and Anne Buchanan addressed the meeting in support of their submission.

 

Their submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw.

 

They advised the meeting that the proposed area on SH94 – Te Anau Mossburn Highway (information area) is not acceptable or unsuitable to them as they are adjoining owners.  Furthermore they advised that they donated the land as an information centre now as a camping ground and are concerned that the proposal will attract illegal people.

 

15.     Graham Molloy did not address the meeting in support of his submission.

 

16.     Casey Brown did not address the meeting in support of her submission.

 

17.     Beth Herd (By Video Link from the Te Anau Office) addressed the meeting in support of her submission.

 

Mrs Herd’s submission supports the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only, the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Her submission opposes the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

Mrs Herd advised that she is not happy with the idea of campers parking up in the proposed Te Anau location which is next to an early childhood centre.  She commented that this area would be subjected to vandalism.

 

 

18.     Ray Horrell of Fiordland Tours (By Video Link from the Te Anau Office) addressed the meeting in support of his submission.

 

Mr Horrell’s submission opposes The proposal to standardise the New Zealand Motor Caravan Association Model Bylaw and the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

 

His submission supports the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and has no preference on the  proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Mr Horrell advised that the middle of Te Anau is not the place for a free camping area and does not agree with the Southland District Council going out in opposition to the already established camping grounds.  He believes that there is ample motorhome parks at reasonable rates to satisfy all.

 

19.     Shirley Mouat (By Video Link from the Te Anau Office) addressed the meeting in support of her submission.

 

Mrs Mouat’s submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw and the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

 

Her submission had no preference on the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

 

Her submission also supports the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

20.     Irene Barnes (By Video Link from the Te Anau Office) addressed the meeting in support of her submission.

 

Mrs Barnes submission supports the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw and the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only.

 

21.     Craig and Veronica Wylie addressed the meeting in support of their submission.

 

Mr and Mrs Wylie’s submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only, the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping and the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

Their submission advised that they had no preference for the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs.

 

22.     Jill Tauri (By Video Link from the Te Anau Office) addressed the meeting in support of her submission.

 

Mrs Tauri’s submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

Her submission supports the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries and has no preference on the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs.

 

(The meeting adjourned at 2.06pm and reconvened at 2.08pm.

 

(Councillors Bailey, Dillon, Dobson, Douglas, Duffy, Ford, Harpur, Keast, Kremer, Macpherson, Paterson and Mayor Tong were present when the meeting reconvened.)

 

23.     John Munro (Tuatapere RSA) did not address the meeting in support of the submission.

 

24.     Val Whyte representing the Curio Bay Holiday Park Ltd addressed the meeting in support of her submission.

 

Mrs Whyte’s submission supports:

·                The proposal to standardise the New Zealand Motor Caravan Association Model Bylaw

·                The proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only

·                The proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

·                The proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping

·                The proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

25.     Fergus Brown representing the Holidays Accommodation. Parks Association of NZ Inc. addressed the meeting in support of his submission.

 

Mr Brown’s submission supports the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs

 

His submission advises that he opposes The proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

26.     Brad Molloy representing the Te Anau Kiwi Holiday Park addressed the meeting in support of their submission.

 

Mr Molloy’s submission opposes the proposal to standardise the New Zealand Motor Caravan Association Model Bylaw, the proposal to prohibit open fires at all designated camping sites, other than in safe on-site facilities noting that this prohibition would not include gas cookers/BBQs and the proposal to make changes to local freedom camping rules noting that some Community Boards and Community Development Area Subcommittees have recommended new designated sites for self-contained camping.

 

His submission advises that he has no preference on the proposal to reduce the size of the designated area in Waikawa and limit to self-contained camping only and supports the proposal to introduce new default freedom camping rules and these include default prohibition rules for urban zones, roads, playgrounds, sports grounds and cemeteries.

 

He also advised that he is against freedom camping in an urban area (ie Te Anau) and that there is no problem with current areas so there is no need for new sites in other areas.  He pointed out that the two areas proposed for Te Anau are in the liquor ban area.

 

The meeting adjourned for afternoon tea at 2.58pm and reconvened 3.00pm.

 

(Councillors Bailey, Dillon, Dobson, Douglas, Duffy, Ford, Harpur, Keast, Kremer, Macpherson, Paterson and Mayor Tong were present when the meeting reconvened.)

 

 

27.     Lloyd Esler addressed the meeting in support of his submission.

 

Mr Esler advised that Southland should have more of the Catlins in it. 

 

He also advised that he supports in general principle that freedom camping should be allowed anywhere apart from:

·                Where camping impedes or intimidates other uses of the site

·                The camping places too heavier burden on the resources available

·                There is a safety issue in relation to roads, flash flood risk, emergency services access

·                The campsite becomes semi-permanent.

 

He commented that freedom campers get the blame for picnickers, casual visitors and emergency pit stops.

 

28.     John Meikle addressed the meeting in support of his submission.

 

Mr Meikle advised the he whitebaits at Titiroa and he lives relatively close and takes his rubbish home with him.  During the whitebait season he parks his bus and caravan at the Titiroa Stream between The Weir and The Lochs.  His bus is self-contained and he doesn’t stay in the bus.

 

 

Resolution

Moved Cr Ford, seconded Cr Dillon and resolved:

That the Council:

a)         Receives the report titled “Schedule of Oral Submitters for Draft Freedom Camping Bylaw 2015” dated 20 October 2015.

 

b)         Thanks the Submitters for their attendance.

 

(Mayor Tong left the meeting at 3.37pm.)

 

6.2

Draft Freedom Camping Bylaw 2015

Record No:         R/15/9/16448

 

Michael Sarfaiti Environmental Health Manager and Bruce Halligan Group Manager Environment and Community were in attendance for this item.

 

The meeting noted  that it had heard submissions from interested parties on the draft Freedom Camping Bylaw 2015 during the meeting and were required deliberate on what had been heard.

 

Following the oral submissions from the submitters, Council noted that it had the following key matters to consider:

·                Support for the proposed Waikawa freedom camping site changes and the new general freedom camping rules.

·                Opposition to the proposed local rules concerning Riverton, Tuatapere, and particularly Te Anau and should Council accept the submissions from the Community Boards of these towns, then almost all of these concerns will be resolved.

·                That it is unclear whether the New Zealand Motor Caravan Association will recognise Southland District towns as being motor home friendly

 

 

Resolution

Moved Cr Paterson, seconded Cr Macpherson  and resolved recommendations a to c:

That the Council:

a)         Receives the report titled “Draft Freedom Camping Bylaw 2015” dated
19 October 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.

 

Resolution

Moved Cr Dillon, seconded Cr Douglas and resolved recommendations d to g (with additions):

That the Council:

d)         Determines that it is satisfied that -

(i)         the bylaw is necessary for one or more of the following purposes:

(1)        to protect the area:

(2)        to protect the health and safety of people who may visit the area:

(3)        to protect access to the area; and

(ii)        the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and

(iii)       the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

e)         Receives the submissions on the proposed Draft Freedom Camping Bylaw 2015.

f)          Deliberates on the Draft Freedom Camping Bylaw 2015.

g)         Instructs staff to make any changes to the Draft Freedom Camping Bylaw 2015 as required with the following changes:

(i)      Use the New Zealand Motor Caravan Association Model Bylaw

(ii)     Reduce in size and limit to self-contained camping only, the designated area in Waikaia

(iii)    Prohibits open fires at designated camping sites

(iv)    Supports proposed local freedom camping rules with only up to 3 nights at Clifden Bridge

(v)     Support general freedom camping rules with the removal of roads from schedule 1

(vi)    Note support the provision of a designated site in Te Anau for self-contained camping.

 

 


 

 

The meeting concluded at 4.49pm.               CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council HELD ON TUEDAY 27 OCTOBER 2015.

 

 

 

DATE:...................................................................

 

 

 

CHAIRPERSON:...................................................

 


Council

27 October 2015

APPENDIX 1

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