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Notice is hereby given that a Meeting of the Dipton Community Development Area Subcommittee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 11 May 2016

6pm

Dipton Hall
2022 Lumsden Dipton Highway, Dipton

 

Dipton Community Development Area Subcommittee Agenda

 

OPEN

 

 

 

MEMBERSHIP

 

Chairperson

Mike Smith

 

Deputy Chairperson

Sue Melvin

 

Members

Kathleen English

 

 

Adrian Harris

 

 

Brian Russell

 

 

Alicia Taylor

 

Councillor

Lyall Bailey

 

 

IN ATTENDANCE

 

Community Engineer

Leighton Hare

 

Team Leader, Governance

Chris Dolan

 

 

 

 

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

 

 

 


Terms of Reference for CDAs

 

This CDA is a subcommittee of Southland District Council and has delegated responsibility.

 

The CDA members are elected to represent and advocate for their community.

 

It can make decisions on:

·                     Managing local halls and cemeteries

·                     Managing reserves, plantings, drainage, footpaths, street lighting, camping grounds, wharves, jetties, lakeshores and slipways, litter control

 

It can make recommendations to Council on:

·                     Priorities for services and development within the community

·                     Local rates

·                     Spending outside the approved annual budget

 


Dipton Community Development Area Subcommittee

11 May 2016

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        4

2          Leave of absence                                                                                                           4

3          Conflict of Interest                                                                                                         4

4          Public Forum                                                                                                                  4

5          Extraordinary/Urgent Items                                                                                          4

6          Confirmation of Minutes                                                                                               4

Reports

7.1       Works and Finance Report to Dipton Community Development Area Subcommittee for the period ended 31 March 2016                                                                                13

7.2       Bylaw Review Process                                                                                                19

7.3       Draft Unmanned Aerial Vehicles Policy                                                                    21

 

UPDATES

8.1       Health and Safety

 

8.2       Chairperson’s Report

 

The Chairperson, Mike Smith, to report on matters with which he has been involved since the subcommittee’s last meeting.

 

8.3       Councillor’s Report

            Councillor Bailey to report on matters from the Council table.                                         

 

 


 

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

 

Subcommittee Members are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a member and any private or other external interest they might have.

 

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 committee 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 Minutes

6.1       Meeting minutes of Dipton Community Development Area Subcommittee, 25 November 2015


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Dipton Community Development Area Subcommittee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Dipton Community Development Area Subcommittee held in the Dipton Hall on Wednesday, 25 November 2015 at 6pm.

 

present

 

Chairperson

Mike Smith

 

Members

Kathleen English

 

 

Adrian Harris

 

 

Brian Russell

 

 

Alicia Taylor

 

Councillor

Lyall Bailey

 

 

IN ATTENDANCE

 

Group Manager, Policy and Community

Rex Capil

 

Manager Area Offices

Chris Dolan

 

Area Engineer

Leighton Hare

 

Area Officer

Debbie Williams

 

 


1          Apologies

 

No apologies were received

 

2          Leave of absence

 

There were no requests for leave of absence.

 

3          Conflict of Interest

 

            There were no conflicts of interest declared.

 

4          Public Forum

There were no persons seeking speaking rights in Public Forum.

 

5          Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

 

6          Confirmation of Minutes

 Resolution

Moved Member English seconded Member Taylor

That the minutes of Dipton Community Development Area Subcommittee, held on 1 July 2015 be confirmed.

 

Reports

 

7.1

Works and Finance Report to Dipton Community Development Area Subcommittee for the period ended 31 October 2015

Record No:         R/15/11/20110

 

The Works and Finance Report prepared by Mr Leighton Hare (Area Engineer) for the period ending 31 October 2015 was tabled.

 

Issues drawn to the subcommittee included;

 

  • Quotes have been received from Exeloo for the toilet as well as a quote for installation. These are being considered.

 

  • Bridge 3007.003 (Dipton-Castlerock Road) Concrete Repairs - due to the nature of the required repairs this is not being undertaken as part of the Central Alliance Maintenance Contract.  This work is being handled by the Council Consultant, MWH.

 

 

 

 

 

Resolution

Moved Member Russell seconded Member English

that the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Works and Finance Report to Dipton Community Development Area Subcommittee for the period ended 31 October 2015” dated 13 November 2015.

 

 

7.2

Unaudited Annual Accounts Report to Dipton Community Development Area Subcommittee for the year ended 30 June 2015

Record No:         R/15/8/15134

 

The Unaudited Annual Accounts Report to Dipton Community Development Area Subcommittee for the year ended 30 June 2015, was tabled.

 

The key reasons for the most significant budget variances were;

 

Operating

4       Includes the costs of signage, of which grants were received to fund the costs.

Stormwater

5        No costs were charged by Environment Southland for monitoring this year; the surplus funds have been transferred to the separate stormwater reserve.

Cemetery

6        Interment fee for the last burial will be received in the 2015/2016 financial year.

Beautification

7        Less gardening maintenance was required.

 

Resolution

Moved Member Taylor seconded Member Russell

that the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Unaudited Annual Accounts Report to Dipton Community Development Area Subcommittee for the year ended 30 June 2015” dated 15 September 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.

 

 

7.3

Annual Plan 2016/2017 - Draft Estimates Report

Record No:         R/15/10/19202

 

Tabled before the subcommittee was a report which provided an overview of the forecasted services for the Dipton Community Development Area Subcommittee in 2016/2017.

          Staff advised that;

1.0     Council has streamlined its 2016/2017 Annual Plan process and as a result the                    subcommittee is only required to review your estimates for significant changes. 
                   In addition, consideration should be given to funding any significant changes               from reserves where appropriate.

3        2.0     The draft estimates will be incorporated into the Council’s Draft Annual Plan           which will be released for consultation in February 2016.  Once the plan is           finalised (and subject to any changes resulting from submissions), the estimates           shown for 2016/2017 will be used to set rates for the year beginning 1 July           2016.

The subcommittee noted the local rate for 2016/17 is proposed for a 2.62% decrease.

In discussing the report the subcommittee agreed to the provide a new Anzac signage board.

 

 

 

Resolution

Member English seconded Member Harris

that the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Annual Plan 2016/2017 - Draft Estimates Report” dated 18 November 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)         Adopts the Estimates for the year commencing 1 July 2016 for inclusion in the Council’s Draft Annual Plan.

e)         Requests the levy of the following rates and charges (including GST) for the year commencing 1 July 2016 based on the approved estimates in (d) above.

Rate Description                              Rate (GST Incl)

Dipton CDA Rate                                 $16,868

Dipton Hall Rate                                    $9,567

 

 

f)          Requests the setting of the hall fees and charges (including GST) for the year commencing 1 July 2016 for inclusion in the 2016/2017 Annual Plan remain the same as the 2015/16 year as follows;

·         Main Hall $25 - $50 per day

·         Main Hall $100 - $200 night

·         Play Group/RSA room $20 - $50

 

g)         Identifies the key highlights for the local area;

·         New Anzac Signage Board

           

 

7.4

Community Governance Report

Record No:         R/15/11/19491

 

Report by Mr R Capil, (Group Manager), advising Council has committed to undertake a Community Governance Review Project to assist in preparation for the Representation Review scheduled for 2017, was tabled.

 

Mr Capil outlined the steps in the process completed to date and advised the next stage of the project is to develop the concept design further, prepare a consultation document and deliver on an agreed implementation and engagement approach.

 

Mr Capil commented that an important process in developing this project is to ensure that there is significant engagement during the project design and development stages which will involve ensuring there is the opportunity for public participation throughout the project development.

 

The Board was advised a Staff Project Working Group and an Elected Representative Working Group - including Councillors, Community Board and CDA representatives will be  established and will operate for the duration of this project.  Furthermore stakeholder engagement is to be undertaken with individual Community Board and CDA subcommittees and various other regional and national agencies with the intent that this engagement be completed by July 2016.

 

It was noted Community engagement is to be undertaken with local community organisations and residents by way of public forums with the intent that this engagement will be completed by July 2016.

 

Mr Capil advised a Community Governance Proposal - Final Draft is to be prepared for approval for consideration as part of informing the Representation Review process by February 2017 and it is intended a Representation Review is to be undertaken and completed by June 2017.

 

 

 

In his report Mr Capil included a Paper entitled “Community Governance and Planning”, which covered the following;

•        Context

•        Community Governance

•        Civic Leadership

•        Alignment to Community Planning

•        Our Partners-Linking communities with partnering agencies

•        Community Planning

•        Framework – A wider perspective

•        Purpose and Goal

•        Next steps for consideration

•        Process to Success – A path to the future

 

In summarising the Paper, Mr Capil informed that the objective is to outline the engagement process to develop the best approach going forward in relation to future representation in particular the lead up to the 2017 Representation Review so as to ensure Council understands the needs of the community.

 

 

Resolution

Moved Member Harris seconded Member English

that the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Community Governance Report” dated 2 November 2015.

 

7.5

Dipton Squash Club Rent Review

Record No:         R/15/3/5736

 

Note:  Member Russell declared and interest and did not take part in the voting on this issue.

Report by Mrs Virginia Dillon (Property Officer) advising the lease to the Dipton Squash Club for its occupation of part of the Dipton Recreation Reserve was due for a rent review as at 1 April 2015, was tabled.

2       Mrs Dillon advised the background to the Dipton Squash Club lease of Council’s Recreation Reserve and sought a decision on the rental to be changed from 1 April 2015.

3       Mrs Dillon added the review was late as the staff officer was awaiting comments from the Dipton Squash Club - these have not been received at this point.

 

 

 

Resolution

Moved Member English seconded Member Taylor

That the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Dipton Squash Club Rent Review” dated 18 November 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)         Sets the rental payable by the Dipton Squash Racquets Club Incorporated over its lease of land at 34 James Street, Dipton being part of Section 3, Block X, Town of Dipton be  at $50 plus GST per annum for the five year term commencing 1 April 2015.

 

 

8.2

Chairperson's Report

 

The Chairperson, Member Smith reported on activities with which he has been involved since the CDA’s last meeting.  These included;

 

·         CDA’s Chairpersons meeting

·         Health and Safety meeting

·         Anzac Board update

 

 

 

8.3

Councillor's Report

Record No:         R/15/11/20700

 

Councillor Bailey reported on matters from the Council table.

 

These included;

  • The Alcohol Bylaw – Council has reduced fees by 30%
  • Freedom Camping Bylaw – 80 Submissions were received.
  • Organisational Review
  • The Peer Review of the Te Anau Wastewater plan

 

 

 

 

Meeeting concluded at 7.25pm         CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Dipton Community Development Area Subcommittee HELD ON 25 NOVEMBER 2015.

 

 

 

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

 

 

 

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

 

 


Dipton Community Development Area Subcommittee

11 May 2016

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Works and Finance Report to Dipton Community Development Area Subcommittee for the period ended 31 March 2016

Record No:        R/16/4/5954

Author:                 Leighton Hare, Community Engineer

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                             Recommendation                        Information

 

  

 

Community Engineer’s Report

1       Community Engineer was on annual leave at the time this report was written.  An update on projects and financials will be provided at the meeting.

Financial Considerations

Reserves

2        Please find the reserves report attached.

Project List

3       The table below shows all of the projects that are currently planned for Dipton in 2015/2016. 

Activity

Project

Type

Year

Budget

Status

Officer’s Comments

Community Centre

Replace ceiling in Playcentre room

REN

1516

$5,000

Completed

 

Public Conveniences

Dipton Public Toilet

DEM

1516

$74,539

Tender

Toilets ordered and busy with construction at factory.  Building consents been applied for. Project to be completed by end June.

 

 

Recommendation

That the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Works and Finance Report to Dipton Community Development Area Subcommittee for the period ended 31 March 2016” dated 25 April 2016.

 

Attachments

a         Dipton Financial Reports, 31 March 2016 View    

 


Dipton Community Development Area Subcommittee

11 May 2016

 

  


Dipton Community Development Area Subcommittee

11 May 2016

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Bylaw Review Process

Record No:        R/16/4/5183

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                             Recommendation                        Information

 

  

 

Executive Summary

1        In 2016, the Cemetery Bylaw 2006, the Keeping of Animals, Poultry and Bees Bylaw 2010 and the Control of Advertising Signs Bylaw 2008 will be reviewed. This report outlines the approach that will be taken to consultation and review.

Background

2        Council will be reviewing three bylaws in 2016. The drivers for each review are outlined below:

·          The Cemetery Bylaw 2006 requires review in 2016 to remain current.

·          A review of the Keeping of Animals, Poultry and Bees Bylaw 2010 is recommended to address local issues. This bylaw was reviewed in 2010 however, since this time additional issues have arisen. The keeping of animals in urban areas has become an area of contention in some communities.

·          A review of the Control of Advertising Signs Bylaw 2008 is recommended to align with the District Plan. This will provide clarity for the public and address issues across the District relating to signage. The proposed bylaw review would address the placement of signs in the road reserve, for example sandwich boards on footpaths. Changes to the bylaw are intended to increase the ease of doing business with Council and provide clarity and consistency.

Timeline

3        The timeline below outlines key milestones in the process of review and details the approach to public engagement.

Date

Task

Mid-May 2016

Pre-consultation engagement sessions. Sessions are also for other Long Term Plan issues.

8 June 2016

Council meeting (Endorse draft bylaws for public consultation)

8 June 2016

Notification given to Area Offices, and customer services.  Committee Advisors to liaise with CB and CDA chairs to remind them of the submission period.

9 June 2016

Draft bylaws advertised.

9 Jun – 30 Jun 2016

Submission period.

20 July 2016

Council meeting (Submission Hearings)

2 Aug 2016

Amendments made to draft bylaws.

17 Aug 2016

Council meeting (Deliberations)

7 Sep 2016

Council meeting (Adoption of bylaws)

8 Sep 2016

Advertising of adopted bylaws.

Sep – Oct 2016

Present report to CDAs on new bylaws.

Nov – Dec 2016

Present report to CBs on new bylaws.

 

Consultation and engagement

4        Community views will be considered during formal consultation and during pre-consultation engagement. The timeline above details when this will occur.

5        Community Boards and Community Development Area Subcommittees are asked to make submissions during the consultation period and individual members can engage during pre-consultation sessions in May.

 

Recommendation

That the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Bylaw Review Process” dated 12 April 2016.

 

Attachments

There are no attachments for this report.  

 


Dipton Community Development Area Subcommittee

11 May 2016

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Draft Unmanned Aerial Vehicles Policy

Record No:        R/16/4/5643

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report presents the draft Use of Unmanned Aerial Vehicles Policy. A recommendation is sought from Community Boards and Community Development Area Subcommittees regarding local areas that should be considered for restriction or prohibition of unmanned aerial vehicle use.

Executive Summary

2        Under new rules introduced by the Civil Aviation Authority (CAA), Council can grant or decline consent for the use of Unmanned Aerial Vehicles (UAVs) on property that it owns or controls. The draft Unmanned Aerial Vehicle Policy sets a framework to allow Council to do this.

3        The draft Use of Unmanned Aerial Vehicle Policy contains broad conditions which would apply throughout the District. Feedback is requested from Community Boards and Community Development Area Subcommittees to determine whether Council should consider prohibition or restriction in specific local areas.

 

Recommendation

That the Dipton Community Development Area Subcommittee:

a)         Receives the report titled “Draft Unmanned Aerial Vehicles Policy” dated 19 April 2016.

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)         Recommend any local areas that should be considered as restricted or prohibited areas for the use of unmanned aerial vehicles.

 


 

Content

Background

4        Rules introduced by the Civil Aviation Authority (CAA) came into effect on 1 August 2015.  The rules require people to obtain Council approval to operate UAVs on public land.

5        The draft Use of Unmanned Aerial Vehicles Policy broadly allows for the use of unmanned aerial vehicles in the District, provided that users comply with conditions within the policy. These conditions exist in addition to those already imposed across New Zealand by the CAA. 

6        The majority of UAV use is likely to occur in Council’s parks, reserves and open spaces.

What is an UAV?

 

The term UAV covers all electric powered remote controlled model aircraft of the type commonly referred to as “drones” that are capable of vertical take-off and landing and small hand-launched gliders less than a 1.5 metre wing span.  It does not cover the following:

·              Fixed wing electric-powered model aircraft greater than 1 metre wing span.

·              All fixed - winged model aircraft that are internal combustion engine (petrol) powered.

·              Gliders greater than a 1.5 metre wing span and bungee-launched gliders.

·              Single rotor helicopters that are electric powered or internal combustion engine (petrol) powered.

·              Jet powered models.

 

CAA Regulations

 

CAA rules apply to all UAV operators throughout New Zealand.  CAA rules Part 101 require 12 key things from UAV operators.  Operators must:

1.         Not operate an UAV 25 kg or larger and always ensure that the UAV is safe to operate;

2.         Take all practicable steps to minimise hazards to persons, property and other aircraft;

3.         Fly only in daylight;

4.         Give way to all crewed aircraft;

5.         Be able to see the UAV with their own eyes;

6.         Not fly higher than 120 metres (400 feet) (unless certain conditions are met);

7.         Have knowledge of airspace restrictions;

8.         Not fly closer than four kilometres from any aerodrome (unless certain conditions are met);

9.         Obtain an air traffic control clearance issued by Airways (when flying in controlled airspace);

10.       Not fly in special use airspace without the permission of the controlling authority of the area (eg, military operating areas, low flying zones, danger areas or restricted areas);

11.       Have consent from anyone you want to fly above;

12.       Have the consent of the property owner or person in charge of the area you want to fly above.

7        Rules are enforceable by the CAA and a breach could result in a fine, a written warning, or prosecution.

Issues

Approach taken in the draft Use of Unmanned Aerial Vehicles Policy

8        The draft policy nominates some circumstances in which UAV use is not permitted without specific approval from Council. These restrictions apply:

·              Over a sports field if in use by others, or within 50 metres of any organised activity taking place in a reserve or Council controlled open space;

·              Over or above Council owned or controlled cemeteries or formed roads;

·              Over or within 50 metres of other users of open spaces;

·              Over or within 50 metres of any building on Council land or any playground equipment, furniture, swimming pool, or track on a reserve;

·              Within 50 metres of livestock, wildlife or sensitive wildlife habitats; and

·              Within 50 metres of a reserve boundary where residential housing or stock farming adjoins.

9        In addition to these conditions, Community Boards and Community Area Subcommittees are being asked whether there are any local areas that should be considered for restriction or prohibition.

10      Council is keen to ensure that UAV use is appropriate to community needs. There is no benefit in allowing use where it is inappropriate or unsafe. Conversely, there is also no benefit in being unnecessarily restrictive in regards to this recreational activity. 

11      Since the definition of an UAV includes model airplanes, it is important to consider the impact of this policy on existing clubs and associations.

Current use and incidents

12      The extent of UAV use in the Southland District is currently unknown.  No complaints to Council regarding the use of UAVs were identified during the development of this report.  However, across New Zealand the number of incidents reported to the CAA has grown significantly in recent years.  The tables below detail the number of incidents across New Zealand by year and by incident type. 

Total incidents annually

Year

Total incidents

2008

1

2009

0

2010

1

2011

4

2012

11

2013

10

2014

33

2015

120

Total

184

Number of incidents by incident type

Incident type*

Total incidents

Aviation-related concern

116

Airspace incident

61

Incident

5

Accident

2

Grand Total

184

*Incident definitions

Aviation-related concern:  these are ‘concerns’ relating to aviation safety or securing, and include complaints and allegations about suspected rule breaches, etc. 

Airspace incident:  incidents that involve deviations from airspace rules and procedures (minimum distances for aircraft separation, for example). 

Incident:  a general incident category that covers situations where there is a risk of harm occurring but this does not eventuate.

13     There have been four incidents involving UAVs in the Southland region, one of which was in the Southland District.  Three of these were aviation-related concerns, one was an airspace incident.  The details of each are in the table below: 

Date

Description

Location

30-Oct-13

Concern UAV flying on farms and potentially causing a hazard to other aircraft in the area. 

Otama Hill Road, Gore

13-Jun-14

Concern about UAV flying near an airliner and a low flying area.  Referred to the Regulatory Investigations Unit.

Invercargill

14-Apr-15

Concern that a UAV was flown in close proximity to the airport.

Invercargill

11-Nov-15

Unauthorised UAV operations 100 metres from the airport.  The operators were two foreign nationals.

Milford Sound

14     To date, 10 enforcement actions have been undertaken by the CAA’s Regulatory Investigations Unit in relation to UAV operations.  Five of these have been written warnings, and five have been infringement notices with fines ranging from $500 to $3,500. 

15      At this stage staff have not identified any complaints to Council regarding the use of UAVs in the Southland District.  To balance the fact that there is not a current significant issue with UAVs and the likelihood of risks in the future, a moderate and proportionate response to manage this issue would be appropriate.  Council also needs to be mindful of existing UAV users such as the Fiordland Cloudbusters Model Aircraft Club, who have operated UAVs to date without any issues. 

Enforcement

16      The CAA has the power to regulate UAV use through mechanisms ranging from warnings to prosecution, depending on the nature of incidents. 

17      CAA officers have indicated that if reported issues are of a serious nature involving the endangerment of people or property or reckless use of UAVs, an investigation with a view towards prosecution would be likely to occur.  For less serious breaches, warnings or infringements are more likely to be considered. 

18      In the event of a breach of the policy, Council staff would report any incident to the CAA.  The incident would be recorded so that the CAA can gather a realistic picture of issues relating to drones and of any operators who breach the rules on multiple occasions.  In the opinion of staff in the CAA investigations team, a Council bylaw would be an unnecessary duplication of existing powers under the CAA Regulatory Enforcement Policy. 

Factors to Consider

Legal and Statutory Requirements

19      Council is empowered to adopt a position by CAA rules.  The CAA has power to enforce its rules (including permission and conditions of land owners) using mechanisms ranging from warnings and infringements to prosecutions. 

20      Since there is currently insufficient evidence of a serious issue relating to UAV use in the Southland District a bylaw is not a proportionate response.  Also, enforcement powers of a bylaw largely duplicate enforcement that could be undertaken through CAA legislation.  While Council could state its position through guidelines, staff recommend a policy approach to ensure clarity. 

Community Views

21      This report is part of the process of gathering community views and forming a policy that meets local needs.

Costs and Funding

22      There are no costs associated with implementing an Use of Unmanned Aerial Vehicles Policy, other than those associated with advertising and consultation. This is because any enforcement action would be referred to the CAA.

Policy Implications

23      If an Use of Unmanned Aerial Vehicles Policy is adopted, it will be referred to in Council’s Reserves Management Policy. 

Analysis

Options Considered

24      Community Boards and Community Development Area Subcommittees could:

·              Option 1: Nominate local areas that should be considered for inclusion in the policy as restricted or prohibited areas; or

·              Option 2: Not nominate local areas that should be considered for inclusion in the policy as restricted or prohibited areas.

Analysis of Options

Option 1 – Nominate local areas that should be considered for inclusion in the policy as restricted or prohibited areas.

Advantages

Disadvantages

·        Responds to any circumstances or requirements specific to local communities.

·        It is important for recommendations not to be unnecessarily restrictive because Council’s general proposed approach is broadly permissive.

 

Option 2 – Not nominate local areas that should be considered for inclusion in the policy as restricted or prohibited areas.

Advantages

Disadvantages

·        Provides a clear, fair and consistent approach across the District.

·        The broad approach may or may not meet local needs and match local circumstances.

 

Assessment of Significance

25      This issue has not been assessed as significant because at this stage it is not affecting a large number of people or stakeholders or a specific community.  Council’s ability to make decisions in relation to UAV use are established by CAA rules and the proposed approach is generally permissive.

Recommended Option

26      It is recommended that Community Boards and Community Development Area Subcommittees only propose restricted or prohibited areas for inclusion in the policy if this reflects community needs and local circumstances and if these areas are not already adequately managed through the existing broad conditions within the draft policy.

Next Steps

27      Following input from Community Boards and Community Development Area Subcommittees, this policy will be subject to public consultation.

 

Attachments

a         Draft Use of Unmanned Aerial Vehicles Policy View    

 


Dipton Community Development Area Subcommittee

11 May 2016

 

SOUTHLAND DISTRICT COUNCIL

 

USE OF UNMANNED AERIAL VEHICLES POLICY

 

 

This policy applies to: 

 

DOCUMENT CONTROL

 

Administered by:

Strategic Manager (Property)

TRIM reference number:

r/15/12/22465

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.. 2

4.            POLICY DETAILS.. 2

4.1         General Criteria. 2

4.2         Restrictions. 2

4.3         Prohibited Areas. 2

4.4         Enforcement 3

5.            ASSOCIATED DOCUMENTS.. 3

6.            REVISION RECORD.. 3

 

 


Dipton Community Development Area Subcommittee

11 May 2016

 

USE OF UNMANNED AERIAL VEHICLES POLICY

 

 

1.   PURPOSE

 

This policy sets out the conditions for use of Unmanned Aerial Vehicles (UAVs) on Council owned or controlled land. 

 

 

2.   DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

Unmanned Aerial Vehicle (UAV)

The term UAV covers all electric powered remote controlled model aircraft, including the type commonly referred to as “drones” that are capable of vertical take-off and landing and small hand-launched gliders less than 1.5 metre wing span. 

 

UAVs are also known as drones, Remotely Piloted Aircraft Systems and Unmanned Aerial Systems.  

 

The term UAV does not include the following:

·              Fixed wing electric-powered model aircraft greater than 1 metre wing span.

·              All fixed - winged model aircraft that are internal combustion engine (petrol) powered.

·              Gliders greater than 1.5 metre wing span and bungee-launched gliders.

·              Single rotor helicopters that are electric powered or internal combustion engine (petrol) powered.

·              Jet powered models.

 

Civil Aviation Authority Rules / CAA rules

Civil Aviation Rules are set by the Minister of Transport.  The rules are divided into parts.  The two parts relevant to UAVs are:

·              Part 101: Gyrogliders and Parasails, Unmanned Aircraft (including Balloons), Kites, and Rockets - Operating Rules, and

·              Part 102: Unmanned Aircraft Operator Certification.

 

 

3    BACKGROUND

 

Under rules introduced by the Civil Aviation Authority (CAA) on 1 August 2015, Council can grant or decline consent for the use of UAVs on property that it owns or controls.  This policy establishes criteria for UAV use over Council owned and controlled land in the Southland District. 

 

 

4.   POLICY DETAILS

 

4.1 General Criteria

In addition to CAA rules, the following criteria apply to the use of UAVs over land or property owned or controlled by Southland District Council.  They do not apply to the use of UAVs by Southland District Council. 

 

Operators of UAVs must:

·              Comply with the Office of the Privacy Commissioner guidance on preserving peoples’ personal privacy by not flying over other people or adjoining private property without their consent.

·              Be courteous of other park users, who often are there for the quiet enjoyment of Council’s parks, reserves and open spaces.

 

4.2 Restrictions

Operators must not use UAVs under the following conditions unless specific written approval has been granted by Council:

·              If requested to cease by Council officers. Users must land their UAV immediately if requested by Council officers.

·              Over a sports field if in use by others, or within 50 metres of any organised activity taking place in a reserve or Council controlled open space.

·              Over or above Council owned or controlled cemeteries or formed roads.

·              Over or within 50 metres of other users of open spaces.  If another open space user moves within this range, the UAV user must immediately land their UAV.

·              Over or within 50 metres of any building on Council land or any playground equipment, furniture, swimming pool, or track on a reserve.

·              Within 50 metres of livestock, wildlife or sensitive wildlife habitats. If livestock or wildlife move within this range, the UAV user must immediately land their UAV.

·              Within 50 metres of a reserve boundary where residential housing or stock farming adjoins.

 

Written Council approval must also be obtained for any organised event involving the use of UAVs. 

 

Operators of UAVs must comply with any additional conditions of lease holders.

 

4.3 Prohibited Areas

There are some areas where the use of UAVs is prohibited unless written approval has been granted by Council.  These areas are:

·              Local areas will be determined by Council following feedback from Community Boards and Community Development Area Subcommittees. 

 

4.4 Reporting incidents and near misses

UAV users must report all incidents and near misses to Southland District Council. This obligation also extends to other reserve users involved in any incident or near miss relating to UAV use.

 

4.5 Enforcement

Any breach of the above conditions could result in termination of your permission to fly unmanned aircraft over Council land.

 

Council will report breaches to the Civil Aviation Authority, which may result in infringements or prosecution. 

 

 

5.   ASSOCIATED DOCUMENTS

 

•      Civil Aviation Authority Rules and Guidelines: http://www.caa.govt.nz/rpas/

•      Southland District Council District Reserves Management Policy

 

 

6.   REVISION RECORD

 

Date

Version

Revision Description

«Type Date»

«Version»

«Revision»

«Type Date»

«Version»

«Revision»

«Type Date»

«Version»

«Revision»