Agenda of Riverton/Aparima Community Board

Riverton/Aparima Community Board

02 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 Action Sheet 13

7.2 Works and Finance Report to Riverton Community Board for the period ended 31 March 2016 17

7.3 Riverton Office & Library Hours 27

7.4 Bylaw Review Process 29

7.5 Draft Unmanned Aerial Vehicles Policy 31

7.6 Community Partnership Leader - Overview of role 41

UPDATES

8.1 Local Liaison Persons Report

The following is a list portfolios by each Member;

Community Housing Member Breayley

Community Pool Member Shields

Emergency Management Member Linscott

Parks & Reserves Member Breayley

Resource Consents Member Shields

Riverton Harbour Subcommittee Member Stewart

Riverton Heritage & Tourist Centre Trust Member Linscott

Venture Southland Kathryn Cowie

Works Member Wilson

Water & Waste Member Anderson

8.2 Chairman's Report

The Chairman, Member Stewart, to report on matters with which he has been involved since the Board’s last meeting.

8.3 Councillor's Report

Councillor Dobson 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

Committee 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 Riverton/Aparima Community Board, 21 March 2016

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Riverton/Aparima Community Board

OPEN MINUTES

Minutes of a meeting of Riverton/Aparima Community Board held in the Southland District Council Office, 117 Palmerston Street, Riverton on Monday, 21 March 2016 at 5.35pm.

present

Chairperson	Blair Stewart
Deputy Chairperson	Jan Breayley
Members	Neil Linscott
	Andrew Wilson

IN ATTENDANCE

Community Engineer	Greg Erskine
Community Development Planner	Kathryn Cowie
Committee Advisor	Alyson Hamilton

PUBLIC GALLERY

David North

1 Apologies

Apologies for non-attendance were lodged by Members Shields, Anderson and Councillor Dobson.

Moved Member Breayley, seconded Member Wilson and resolved:

That the apologies for non-attendance lodged by Members Anderson, Shields and Councillor Dobson be accepted.

2 Leave of absence

There were no requests for leave of absence received.

3 Conflict of Interest

There were no conflicts of interest declared.

4 Public Forum

There were no members of the public seeking speaking rights in the Public Forum section of the meeting.

5 Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

6 Confirmation of Minutes

Resolution

Moved Member Linscott, seconded Member Stewart and resolved:

That the minutes of Riverton/Aparima Community Board, held on 9 February 2016 be confirmed as a true and correct record.

7 Reports

7.1

Action Sheet

Record No: R/16/3/4033

Action Sheet from the Board’s previous meetings, was tabled.

Issues reported to the Board included;

Riverton Dump Station Site

The Community Engineer reported to the meeting of costings up to $4,000 for a notified resource consent application for the proposed dump station to be sited at Taramea Bay.

The meeting agreed that the Community Engineer and the Chair liaise with the affected property owners within the vicinity of the proposed site with the view of the consent being non-notified so as to reduce consent fees.

Taramea Bay Barbeque (BBQ)

The Community Engineer reported to the meeting of the arrival of the BBQ, which is currently being held in storage at the South Roads depot in Riverton.

Members noted that it is expected the BBQ will be installed following demolition of the Soundshell.

Soundshell Demolition

The meeting was informed the contractor is liaising with the local electrician and Community Engineer to progress the demolition work. It is expected to commence after Easter.

Riverton and District Baths Society

The Chair, Member Stewart, reported at the previous meeting of the Community Board a staff report was presented to the Board following the Riverton and District Baths Society seeking on-going monetary support for the 2016/2017 financial year.

Member Stewart advised the Board resolved at that meeting to retain the status quo and continue its monetary support to the Baths for the 2016/2017 financial year such support to be the same as last year i.e. $20.68 per unit within the Baths rating boundary.

Member Stewart informed the Baths Society has since lodged a submission to the Southland District Council Draft Annual Plan seeking an increase to the Pool rate for the 2016/2017 financial year of $15,000, an increase per unit of approximately $9.00 taking the levy to $30.00 per unit.

The meeting noted the $15,000 increase in the pool rate is to fund an operating shortfall, not capital works.

The Committee Advisor, Mrs Hamilton informed that as part of the annual plan submission process staff will refer the Society’s submission to the Board for its comments.

The meeting agreed not to support the submission lodged by the Baths Society, however agreed that further application will be considered by the Board at its Estimates meeting scheduled for December 2016.

Resolution

Moved Member Stewart, seconded Member Linscott and resolved:

That the Riverton/Aparima Community Board:

a) Receives the report titled “Action Sheet” dated 15 March 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) Requests the Community Engineer along with the Chair liaise with the affected property owners within the vicinity of the proposed dump station site with the view of the consent being non-notified so as to reduce consent fees.

e) Agrees not to support the submission lodged by the Baths Society, however agreed that further application will be considered by the Board at its Estimates meeting scheduled for December 2016.

7.2

Works and Finance Report to Riverton Community Board for the period ended 29 February 2016

Record No: R/16/3/3193

Works and Finance report for the period ended 29 February 2016, was tabled.

Issues reported to the Board included;

1 The new flying fox at Taramea Bay has had a great response from the local and visiting children.

3 The major drainage work on Palmerston Street will be completed in early April and Bay Road will follow on from that. There will be temporary traffic disruptions due to the location of the pipelines.

4 The Walker Street upgrade is awaiting confirmation of New Zealand Transport Agency funding prior to the work going out to tender.

5 The open ditch situated at the end of Hamlet street has been filled in and the area levelled out. Staff to arrange for area to be grassed in due course.

6 Member Breayley raised the issue of the possibility of plaques being placed on projects completed by the Board around the township i.e. name of project and date completed for members of the public to refer too.

7 Members felt this was a worthwhile suggestion and requested Member Breayley note projects around the township and forward list to staff to arrange for the necessary plaques.

8 Mr Erskine updated on progress of the development of the new grandstand advising Graeme Cole (Coles Consulting Limited) has been tasked at a cost of up to $10,000 to provide an engineering design and drawings of a 3-bay style shed with seating for up to 120 people

9 Mr Erskine provided to the meeting a sketch of the proposed building highlighting a possible issue with the required poles situated in the centre of the building.

10 Mr Erskine added he will discuss options with the Consultant and liaise with the Chair in due course.

Resolution

Moved Member Linscott, seconded Member Wilson and resolved:

That the Riverton/Aparima Community Board:

a) Receives the report titled “Works and Finance Report to Riverton Community Board for the period ended 29 February 2016” dated 14 March 2016.

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

d) Requests Member Breayley collate a list of projects completed around the township by the Board with the view of placing a plaque at these sites for information purposes.

7.3	Issue of Licence - Riverton Endowment Land, 164 Richard Street, Riverton Record No: R/16/3/3416
	1 Report by Virginia Dillon, Property Officer, seeking Board approval of the issue of a licence to graze endowment land situated at 164 Richard Street to Mr Malcolm John Sellars, was tabled. 2 The meeting was advised Mr Allan Goble has indicated verbally that he does not wish to enter into a new licence to graze land at 164 Richard Street, Riverton. Mrs Dillon added that due to access issues to the land, an adjoining landowner is the ideal person to graze stock on the site; the Board noted Mr Sellars leases the adjoining land owned by Mr Goble and has expressed an interest in grazing stock on the Council land. 11 The Board was informed Council is the owner of freehold endowment land at 164 Richard Street, Riverton and that the current licence issued to Mr Allan Goble expires on 31 March 2016 and Mr Goble has indicated that he does not wish to enter into another licence. 12 Members noted the licence permits grazing of sheep only. 13 Mrs Dillon explained Mr Malcolm Sellars of Riverton grazes stock on Mr Goble’s land which adjoins the endowment land and has indicated that he wishes to enter into a licence to graze stock on the Council land. 14 Mrs Dillon added the rental payable under the current licence is $2,500 plus GST per annum and that access to the site is either through Mr Goble’s property or through the Council pound site. 15 Following discussion Members offered no objection to the issue of a licence to Mr Sellars as per the draft licence as presented to the Board.

	Resolution Moved Member Stewart, seconded Member Breayley and resolved: That the Riverton/Aparima Community Board: a) Receives the report titled “Issue of Licence - Riverton Endowment Land, 164 Richard Street, Riverton” dated 16 March 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) Determines that a licence over the Council land at 164 Richard Street, Riverton described as Sections 22-27, Part of Sections 25-27 and Section 39, Block II, and Part of Section 81, Block I, Jacobs River Hundred to Matthew John Sellars for a term of two years from 1 April 2016 at an annual rental of $2,500 plus GST. e) Approves of the draft licence as presented.

8 Updates

8.1

Local Liaison Persons Report

Record No: R/16/3/3722

Community Housing

Members were informed all units are now occupied.

Member Breayley advised a meeting is to be held onsite at Trotter Court with Property Management staff to discuss the untidy nature of the section and the damaged boundary fence.

Parks & Reserves

Member Breayley informed the Riverton Returned Services Association (RSA) is to place the Memorial Cross’s at the Focal Point with the RSA to arrange mowing of the lawn prior to installation.

Riverton Harbour

Members queried when repair work to be undertaken to Berth L37 due to the amount of foot track on this wharf by members of the public using it for access to the water for fishing purposes. Staff are requested to investigate this issue.

Riverton Heritage and Tourist Centre Trust

Member Linscott advised of a meeting to be held next week. He advised tentative plans are being discussed to build onto the museum for display and storage purposes.

Venture Southland

Mrs Cowie advised following a recent funding round $10,000 was awarded for the refurbishment of Koi Koi Cottage.

Works

Member Wilson queried reinstatement of the footpath adjacent the new dwelling along Towack Street.

In response Mr Erskine advised that due to no response being received from the builder the repair work is to be undertaken by a Council approved contractor with an invoice to be forwarded to the property owner.

8.2

Chairperson's Report

Record No: R/16/3/3723

Chairperson, Member Stewart, reported on activities with which he has been involved since the Board’s last meeting. These included:

Attendance at a Riverton Probus meeting

Attendance at a Aparima Rotary Club meeting

8.3

Councillor's Report

Record No: R/16/3/3720

Due to the absence of Councillor Dobson there was no Councillor’s report.

Public Excluded

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

Resolution

Moved Member Breayley, seconded Member Stewart and resolved:

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 Riverton Skate Park Shelter update

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
Riverton Skate Park Shelter update	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.	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.

That the Community Engineer, Greg Erskine, Committee Advisor, Alyson Hamilton and Community Development Planner, Kathryn Cowie be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the item C10.1 Riverton Skate Park Shelter update. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

6.55pm The public were excluded.

The meeting concluded at 7.15pm CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Riverton/Aparima Community Board HELD ON 21 MARCH 2016.

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

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

Riverton/Aparima Community Board

02 May 2016

Riverton/Aparima Community Board Action Sheet - Excluding Public Excluded

Open Action Items

Author	Due Date	Subject	Notes
Greg Erskine	02/05/2016	Dump Station Site Requests the Community Engineer along with the Chair liaise with the affected property owners within the vicinity of the proposed dump station site with the view of the consent being non-notified so as to reduce consent fees.	Community Engineer collating necessary paper work required and ascertaining the property owners.
Greg Erskine	02/05/2016	Information Plaques Requests Member Breayley collate a list of projects completed around the township by the Board with the view of placing a plaque at these sites for information purposes.	Member Breayley to update on progress of the proposed plaques to be situated around the township.
Virginia Dillon	02/05/2016	Issue of Licence - Riverton Endowment Land, 164 Richard Street, Riverton Board determines that a licence over the Council land at 164 Richard Street Riverton described as Sections 22-27 Part of Sections 25-27 and Section 39 Block II and Part of Section 81 Block I Jacobs River Hundred to Matthew John Sellars for a term of two years from 1 April 2016 at an annual rental of $2,500 plus GST Board approves of the draft licence as presented.	Mrs Dillon advised documentation sent for signing.
Kevin McNaught	02/05/2016	Railway Esplanade Requests staff follow-up with Ms Quirke to ascertain the response from LINZ regarding the renewal of the licence/lease agreement to D.T Kings of the Railway Esplanade area. Communication received that decision still with LINZ in Wellington.	Mr McNaught advises no response has been received from Rose Quirke to date.
Greg Erskine	02/05/2016	Riverton Signage Requests the Community Engineer liaise with the Chair on progress of the Signage to be placed in the traffic island at the corner of Downing & High Street.	The Community Engineer advises of a delay due to the new highway administration.
Greg Erskine	02/05/2016	Township maintenance Requests staff arrange a meeting to include the Chair Member Stewart Strategic Manager Property Kevin McNaught and the Area Engineer to discuss the option of utilizing local contractors for lawn mowing and garden maintenance within the Riverton Township.	The Community Engineer advised a new foreman has been appointed in the task Force and this should significantly increase the work capacity.
Alyson Hamilton	02/05/2016	Riverton and District Baths Society	The Board agree not to support the submission lodged by the Baths Society, however agreed that further application will be considered at its Estimates meeting scheduled for December 2016.
Alyson Hamilton	02/05/2016	Township Entrance Beautification Byron Dodge, Highways South Network Engineer confirms the area of land that the Board are referring to is Government owned. Mr Dodge advises he will now undertake an onsite meeting which will include photos, evaluate the fencing and report back to the Board.	Mrs Hamilton advises no response has been received from Mr Dodge to date, however a reminder has been forwarded with comments to be presented to the Board at its next meeting.
Greg Erskine	02/05/2016	Public BBQ Resolves to contribute $11,436.00 excluding GST for the proposed installation of a BBQ and shelter for community use at Taramea Bay such expenditure to be funded from the Board's Taramea Bay Rocks Reserve. Board resolves to commit funds for the ongoing operation and maintenance of the BBQ.	Siting of proposed BBQ to be included in the Taramea Bay Landscape plan to be presented to the Board at its May meeting by Nigel Cowburn Landscape Architect.
Greg Erskine	02/05/2016	Taramea Bay Soundshell	Demolition of the Soundshell is completed.
Kathryn Cowie	02/05/2016	Funding Applications Requests funding application be made to appropriate funding agencies for the purchase of an electric BBQ approximate costing being $11,436.00 exclusive GST.	Funding applications have been lodged with funding agencies for the March Funding round.

Recently Closed Action Items

Author

Completion Date

Subject

Notes

Riverton/Aparima Community Board

2 May 2016

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Works and Finance Report to Riverton Community Board for the period ended 31 March 2016

Record No: R/16/4/5404

Author: Greg Erskine, Community Engineer

Approved by: Ian Marshall, Group Manager Services and Assets

☐ Decision ☐ Recommendation ☒ Information

Community Engineer’s Report

1 The Soundshell demolition has been completed and a meeting has been held with a design landscaper to look at options for the area.

2 Unusually high tides in the last few weeks have caused some surface flooding problems around the Taramea Bay area. Frequent clearing of the beach outlets has worked most of the time but the Board may have to look at some long term solutions eg pump stations.
The tide action has caused some scour along the foreshore closer to Roy Street.

3 Work is continuing on the sewer main replacement in Bay Road.

4 The special ANZAC flags have been placed in Palmerston Street again this year and the remembrance crosses placed in front of Te Hikoi.

5 A draft plan of the proposed grandstand has been viewed by the Board and the next stage is being followed up with.

Water and Waste Engineer’s Report

6 The monthly operations reports from Downer are provided to the Board secretary as they are published. They include data on Downer’s district-wide operations activities which is presented on a town by town basis.

7 For the year to date there has been no unplanned expenditure exceeding the $5,000 threshold.

Financial Considerations

Community Engineer’s Comments

8 Expenditure is on target for this time of the year with some minor over expenditure. Footpath expenditure has included the carry-over from last year with the total being in excess of $95K.

Development and Financial Contributions

9 The table below outlines the balances of Development and Financial contributions for your Board to 30 June 2015 plus any amounts invoiced for this financial year to date. Spending of these funds is considered by Council staff when projects are in the planning stage.
Once identified as a potential funding source for a project, confirmation from the Group Manager Services and Assets is sought before undertaking the project to ensure that the relevant policy and legislative requirements are met.

Reserves Contributions	$106,136
Sewerage Contributions	$281,752
Water Contributions	$101,454

Reserves

10 Please find the reserves report attached.

Loan

11 The table below outlines the community loans as at 30 June 2015. The interest rate applicable on this loan for the 2015/2016 year is 6.25%.

	Business Unit	Balance June 2015	Years Remaining
Focal Point (1015)	26307	$153,269	2
Pool	26391	$35,742	6

Recommendation

That the Riverton/Aparima Community Board:

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

Attachments

a Riverton Projects List and Financial Reports, 31 March 2016 View

Riverton/Aparima Community Board

02 May 2016

Project List

The table below shows all of the projects that are currently planned for Riverton in 2015/2016. Items in Bold and Italics are carried over from previous financial years.

Activity	Project	Type	Year	Budget	Status	Officer’s Comments
Roading and Transport	Footpaths	REN	1516	$48,000	Complete	Bay Road, Verdun Street and Rocks Highway.
*Library Services*	*Furniture & Fittings*		*1415*	*$2,000*	*Completed*	*Bean bags and chairs supplied.*
Parks and Reserves	Replacement Grandstand Facility	LOS	1516	$100,000	Investigation	Design underway but 50/50 call if it will be built by 30 June. Tender process and construction timeframes.
Parks and Reserves	Widen track	MAINT PLAN	1516	$5,000	Not started	To commence in April.
Parks and Reserves	New Flying Fox	LOS	1516	$20,000	Completed	Completed January 2016
Roading and Transport	Streetlight Renewal	LOS	1516	$5,000	Deferred	Delay with site confirmation
Roading and Transport	Kerb work on Havelock Street	REN	1516	$130,000	Deferred	This project is for 750 metres of new street kerb and channel in Havelock Street. Applying for NZTA subsidy through annual plan so will not be started before 30 June, 2016.
*Roading and Transport*	*Road & kerbing*	*LOS*	*1314*	*$105,884*	*Deferred*	*This project is being undertaken in conjunction with the Roading Team, agreement on the final design has delayed construction until the 16/17 year.*
*Roading and Transport*	*Footpaths*	*REN*	*1415*	*$46,778*	*Completed*	*Completed January*
Roading and Transport	Palmerston Street Beautification	MAINT PLAN	1516	$15,000	Investigation	Planter boxes in place.
Sewerage	Replace main- Bay Street	REN	1516	$90,000	Construction	Completed by June, 2016
Sewerage	Dropper Renewals	REN	1516	$80,000	Construction	Work progresses. Completed by June 2016
Sewerage	Urgent Stabilising work to pump station opposite 77 Towack St	LOS	1516	$60,000	Completed	Completed.
Sewerage	RPZ Project	REN	1516	$50,000	Completed	Work completed.
Stormwater	Palmerston & Jetty Street early renewal	REN	1516	$75,000	Construction	In progress. To be completed by May 2016.
*Water Supply*	*Capacity*	*LOS*	*1415*	*$92,319*	*Construction*	*To be completed by June,2016*
*Water Supply*	*Scheme Improvements*	*LOS*	*1213*	*$1,384,191*	*Construction*	*To be completed by June,2016*

Riverton/Aparima Community Board

2 May 2016

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Bylaw Review Process

Record No: R/16/4/5209

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 Riverton/Aparima Community Board:

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

Attachments

There are no attachments for this report.

Riverton/Aparima Community Board

2 May 2016

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Draft Unmanned Aerial Vehicles Policy

Record No: R/16/4/5658

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 Riverton/Aparima Community Board:

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.

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

Riverton/Aparima Community Board

02 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

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