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Notice is hereby given that a Meeting of the Gorge Road and Districts Community Development Area Subcommittee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Monday, 20 June 2016

1pm

Gorge Road Community Centre
Factory Road
Gorge Road

 

Gorge Road and Districts Community Development Area Subcommittee Agenda

 

OPEN

 

 

MEMBERSHIP

 

Chairperson

Ray Waghorn

 

Deputy Chairperson

Mark Hamill

 

Members

George Kevern

 

 

Gay Munro

 

 

Helen O'Connor

 

 

Bevan Pirie

 

 

Councilllor Julie Keast

 

 

IN ATTENDANCE

 

Committee Advisor

Fiona Dunlop

 

Community Engineer

Brendan Gray

 

 

 

 

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

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 2016

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        5

2          Leave of absence                                                                                                           5

3          Conflict of Interest                                                                                                         5

4          Public Forum                                                                                                                  5

5          Extraordinary/Urgent Items                                                                                          5

6          Confirmation of Minutes                                                                                               5

Reports

7.1       Bylaw Review Process                                                                                                15

7.2       Draft Unmanned Aerial Vehicles Policy                                                                    17

7.3       Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 30 April 2016                                                  27

 


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 Gorge Road and Districts Community Development Area Subcommittee, 23 November 2015

 


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Gorge Road and Districts Community Development Area Subcommittee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Gorge Road and Districts Community Development Area Subcommittee held in the Gorge Road Community Centre on Monday, 23 November 2015 at 1pm.

 

present

 

Deputy Chairperson

Mark Hamill

 

Members

George Kevern

 

 

Gay Munro

 

 

Councillor Julie Keast

 

 

 

ABSENT

 

Bevan Pirie

 

 

IN ATTENDANCE

Committee Advisor Fiona Dunlop, Area Engineer Brendan Gray, Group Manager Policy and Community Rex Capil and Venture Southland Community Development Planner Juanita Thornton

 

 


1          Apologies

 

Apologies for absence were received from Ray Waghorn and Helen O’Connor.

 

Moved Member Munro, seconded Member Kevern and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee accept the apologies.

 

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 was no public forum.

 

5          Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

 

6          Confirmation of Minutes

 

There was discussion regarding the Gorge Road Memorial Flagpole and the possible relocation of it to the Mokotua Hall.  Area Engineer Brendan Gray advised that he will investigate and report back to the Subcommittee.

 

Resolution

Moved Member Munro, seconded Member Kevern and resolved:

That the confirms the minutes of Gorge Road and Districts Community Development Area Subcommittee, held on 22 June 2015 as a correct record of that meeting.

 

 

Reports for Recommendation

 

 

7.1

Annual Plan 2016/2017 - Draft Estimates Report

Record No:         R/15/10/19168

 

Accountant Shelly Dela Llana was in attendance for this item.

 

She advised that the purpose of the report was to provide an overview of the forecasted services for the Gorge Road Community Development Area Subcommittee in 2016/2017.  It includes any variations from what was forecasted in year two of the Long Term Plan (LTP) 2015-2025. 

The Subcommittee noted that Southland District Council had streamlined its 2016/2017 Annual Plan process and as a result the Subcommittee is only required to review the estimates for significant changes.  In addition, consideration should be given to funding any significant changes from reserves where appropriate.

Also noted was that 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.

 

 

Resolution

Moved Member Munro, seconded Cr Keast and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Annual Plan 2016/2017 - Draft Estimates Report” dated 13 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)         Approves variations in the Gorge Road Community Development Area Subcommittee estimates from year two of the Long Term Plan.

e)         Approves the Estimates for the year commencing 1 July 2016 for inclusion in the Council’s Draft Annual Plan (subject to any amendments made at the meeting).

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

Rate Description                                                                   Rate (GST Incl)

Gorge Road CDA Rate                                                                        $6,141

g)         Note that there are no key highlights for the local area.

 

 

Reports

 

 

8.1

Draft Variation to the Proposed District Plan 2012 - Rural Settlement Areas

Record No:         R/15/11/19686

 

Senior Resource Consent Planners Courtney Ellison and Rebecca Blyth were present for this item.

 

They advised that the report was to update the Subcommittee on the draft Variation to the Proposed District Plan to create a Rural Settlement area at Gorge Road.  The report also advised of the opportunity for members to provide feedback to Council.

 

 

Resolution

Moved Member Munro, seconded Member Kevern and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Draft Variation to the Proposed District Plan 2012 - Rural Settlement Areas” dated 9 November 2015.

 

b)         Notes the draft Variation to the Proposed District Plan 2012 – Rural Settlement Areas is available for public comment until 16 December 2015.

 

 

8.2

Community Governance Report

Record No:         R/15/10/18863

 

Group Manager Community and Policy Rex Capill was in attendance for this item.

 

Mr Capil advised that Council has committed to undertake a Community Governance Review to assist in preparation for the Representation Review scheduled for 2017.  The steps in the process completed to date include:

·        Discussion with Council introducing the project concept (January 2015)

·        Discussion at the Executive Leadership Team Workshop (April 2015)

·        Discussion at the Staff Forum (June 2015)

·        Update of preparation progress to Council Workshop (June 2015)

He also advised that 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.  An important process in developing the project is to ensure that there is significant engagement during the project design and development stages.  This will involve ensuring there is the opportunity for public participation throughout the project development.

Mr Capil further advised that this will involve various degrees of engagement across the public participation spectrum - including but not limited to:

·          Inform - provide the public with balanced information to assist in understanding the topic, issues and options and opportunities.

·          Consult - obtain public feedback an analysis, alternatives and/or decisions.

·          Involve - work directly with key stakeholders throughout the process to ensure that public concerns and aspirations are consistently understood and considered.

·          Collaborate - partner with stakeholders to discuss as required the development of the alternatives and the identification of a preferred solution.

The Board noted that a Staff Project Working Group and an Elected Representative Working Group - including Councillors, Community Board and Community Development Area representatives has been established and will operate for the duration of this project.

There is to be Stakeholder engagement undertaken with individual Community Boards and Community Development Area Subcommittees and various other regional and national agencies.  It is intended that this engagement will be completed by July 2016.  Community engagement is to be undertaken with local community organisations and residents by way of public forums with the intent this engagement will be completed by July 2016.

The final draft of the Community Governance Proposal is to be prepared for approval for consideration as part of informing the Representation Review process by February 2017 which is intended to be undertaken and completed by June 2017.

 

 

Resolution

Moved Cr Keast, seconded Member Kevern and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Community Governance Report” dated 22 October 2015.

 

 

8.3

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

Record No:         R/15/8/15068

 

Area Engineer Brendan Gray was present for this item.  Mr Gray reported that the table below indicated the business unit and reserves for the year ended 30 June 2015 and as at the same date the total funds held in reserves was $22,153.

 

Business Units

Actual Transfer to/(from) Reserve

Budgeted Transfer to/(from) Reserve

23900 - Administration

$1,091

$385

23207 - Street Works

$10

-

23932 - Recreation Reserve

$1,651

-

Local Net Transfer to/(from) Reserves

$2,752

$385

 

The Subcommittee noted that the report advised the accounts were unaudited but have now been audited by Audit NZ and approved as part of the 2015/2016 Annual Report.

 

Mr Gray also reported that two grants were received for work on the Gorge Road Recreation Reserve.  The unspent funds have been transferred to reserves and will be used to fund work to be carried out in the 2015/2016 year.

 

 

 

 

 

 

 

 

The Subcommittee also noted the table below for the reticulation renewal for sewerage.

 

Activity

Project Name

Financial Year

AP Budget

Actual cost

2014-2015

Status

Officer’s Comment

Sewerage

Reticulation Renewal

2014/2015

$36,692

$6,350

Complete

Work completed to revised / reduced scope of work

 

Resolution

Moved Deputy Chairperson Hamill, seconded Member Munro and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

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

 

 

8.4

Works and Finance Report to Gorge Road Community Development Area Subcommittee for the period ended 30 September 2015

Record No:         R/15/11/19991

 

Area Engineer Brendan Gray was present for this item.

 

Mr Gray reported that the:

·                Contract for the Gorge Road Community Centre toilet cleaning has been rolled over for another 12 months with no change to the cost.

·                Abandoned car that was parked outside the Community Centre has been removed

·                Funding applications had been submitted to Venture Southland for the continuation of the recreation reserve planting and the new footpath from the gate to the start of the current track.  There is an option that signs could also be incorporated.  $1000 from the Community Initiatives Fund was granted towards the construction of the footpath from the road to join up with the reserve.

·                Funding of $1500 from the Community Initiative Fund and $3000 from the Southland Regional Heritage Fund was also received towards the repair and restoration of the Oteramika War Memorial.

·                Taskforce Team have been requested to complete a full spray of the reserve area and mow the grass under the trees.  Taskforce were also asked to take the grass clippings and spread them around the base of trees to keep the area tidy.  Several glass bottles had also been smashed and required pick up of broken pieces.

·                Settled weather has enabled the township spraying to commence on all footpaths and kerbing and that street sweeping is due again in November.

 

The Subcommittee commented that the mowing contractor had not been paid for the mowing of the reserve.  Mr Gray advised that he would investigate and report back to the Subcommittee.

 

Mr Gray advised that he would investigate and report back the issue of the removal of the Gorge Road War Memorial Flagpole and potential relocation to the Mokotua Hall.

 

Resolution

Moved Member Kevern, seconded Member Munro and resolved with a new b (as indicated):

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Works and Finance Report to Gorge Road Community Development Area Subcommittee for the period ended 30 September 2015” dated 13 November 2015.

 

b)         Request that officers investigate the removal of the Gorge Road War Memorial Flagpole and potential relocation to the Mokotua Hall and advised the Subcommittee of the outcome of the request.

 

 

 

Councillor’s Report

 

Councillor Keast updated the Subcommittee on various Council issues.  She highlighted that Council had heard oral submissions to the proposed Freedom Camping Bylaw, the Regional Development Strategy had been launched, the Around the Mountains Cycle Trail Resource Consent appeal is to be heard by the Environment Court in February 2016 and that she had attended the recent LGNZ Rural and Provincial meeting.

 

Next Meeting

 

The next meeting of the CDA will be in Monday 20 June 2016 at 1pm.  There will also be a meeting on Monday 21 November 2016 at 1pm.

 

 

The meeting concluded at 2.34pm.               CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Gorge Road and Districts Community Development Area Subcommittee HELD ON MONDAY 23 NOVEMBER 2015.

 

 

 

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

 

 

 

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

 

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 2016

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Bylaw Review Process

Record No:        R/16/4/5195

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                             Recommendation                        Information

 

  

 

Executive Summary

1        In 2016, Council will commence a review of the Cemetery Bylaw 2006, the Keeping of Animals, Poultry and Bees Bylaw 2010 and the Control of Advertising Signs Bylaw 2008. 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 for the Cemetery Bylaw 2006 and the Control of Advertising Signs Bylaw 2008. It also details the approach to public engagement.

4        A review of the Keeping of Animals, Poultry and Bees Bylaw 2010 will commence in 2016 but will be undertaken over a longer time period. Updates will be provided once consultation periods have been determined. This is expected to occur in late 2016 or early 2017.

Date

Task

23 May - 13 June

Pre-consultation engagement through ‘Community Conversation’ sessions.

29 June

Council meeting to endorse draft bylaws for public consultation.

30 June

Notification given to Area Offices, Knowledge Management and customer services.

 

Committee Advisors to liaise with CB and CDAs

30 June

Draft bylaws advertised

30 June – 21 July

Submission period

17 August

Council meeting (Submission Hearings)

7 September

Council meeting (Deliberations)

28 September

Council meeting (Adoption of bylaws)

October

Communication of adopted bylaws.

Nov – Dec

Present report to CBs and CDAs on new bylaws

 

Consultation and engagement

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

6        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 Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Bylaw Review Process” dated 2 June 2016.

 

Attachments

There are no attachments for this report.  

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 2016

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Draft Unmanned Aerial Vehicles Policy

Record No:        R/16/4/5647

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 Gorge Road and Districts 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    

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 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

 

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 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»


Gorge Road and Districts Community Development Area Subcommittee

20 June 2016

sdclogo

 

Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 30 April 2016

Record No:        R/16/5/7801

Author:                 Brendan Gray, Community Engineer

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                             Recommendation                        Information

 

Community Engineer’s Report

1.      An independent assessment of the trees in the Recreation Reserve has been undertaken to advise which trees (if any) should be completely removed or trees that should be at least trimmed back.  This is to ensure ongoing tree health, safety of Recreation Reserve users and vehicles on the Gorge Road.  Report expected in June.

2.      Small signs to indicate areas planted out by specific groups has been priced and it is anticipated they will be mounted on 100 x 100 H3 treated posts cut on an angle with the signs mounted to them.  Several areas still need planting out with the only groups noted on the planting schedule being Waituna Landcare Group and the Gorge Road School. 
Are there any other groups that can be approached to plant areas out?  We have funding for the Taskforce to dig the holes, we just needs plants and volunteers.

3.      It has been suggested to extend the walking track to make a larger loop, finishing (or starting) at the rear of the Community Centre.  People could then park in the area outside the toilets and walk around the track exiting on Gorge Road and traversing the footpath past the school to where they started.  Wilsons Contracting has agreed to donate the gravel from their pit on Stewarts Pit Road.  Draft plan at meeting.  An addition to the LTP will be required for unbudgeted expenditure if this was agreed to proceed.

4.      Several Leylandi trees will need to be removed from the hedge bordering the Recreational Reserve.  The main stormwater drain runs through the reserve paddock beneath the hedge and roots will likely be infiltrating the drain causing gradual blockage.

5.      Spraying has been completed by Mr Waghorn to try and keep the weeds at bay around the Recreational Reserve planted area as well as the Taskforce mowing beneath the trees and picking up wind-blown debris.

6.      A small amount is unspent for the 15/16 financial year for Taskforce maintenance of the Gorge Road Recreation Reserve.  With that said $1,200.00 from this budget will be spent on new trees for the Recreation Reserve with the holes to be dug by the Taskforce team (utilising the Men of the Trees grant).


 

Water and Waste Engineer’s Report

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

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

Financial Considerations

Community Engineer Comments

9.      Toilet cleaning is running over budget with a potential increase in users/tourists.  An increase in toilet sundry items is therefore inevitable.  No concerns with any other budgets.

Business Unit

Category

Comments

23915

Toilet Cleaning

16% over budget.  Increase in use and sundries

23932

Rec Reserve - Taskforce services

24%.  Underspent to end of April.  Work still continuing till end of financial year

23907

Street Works

Budget $1,250.00.  Nothing spent YTD.

Development and Financial Contributions

10.    The table below outlines the balances of Development and Financial contributions for your community 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.

Sewerage

$29,989

Water

$5,489

Reserves

11.    Please find the Reserves Report attached.

 

Recommendation

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 30 April 2016” dated 7 June 2016.

 

Attachments

a         Gorge Road Financial Reports, 30 April 2016 View    

 


Gorge Road and Districts Community Development Area Subcommittee

20 June 2016