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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 7 September 2016

11am

Council Chambers
15 Forth Street
Invercargill

 

Council Agenda

 

OPEN

 

 

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Stuart Baird

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Chief Executive

Steve Ruru

 

Committee Advisor

Fiona Dunlop

 

 

 

 

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

 

 

 


 


Council

07 September 2016

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        7

2          Leave of absence                                                                                                           7

3          Conflict of Interest                                                                                                         7

4          Public Forum                                                                                                                  7

5          Extraordinary/Urgent Items                                                                                          7

6          Confirmation of Council Minutes                                                                                7

Reports - Policy and Strategy

7.1       Draft Cemetery Bylaw 2016 and Draft Cemetery Policy                                           9

7.2       Gambling Venue Policy and Draft TAB Venue Policy                                             31

7.3       Draft Ashton Flats Roading Bylaw 2016                                                                   91

7.4       Drafts Signs and Objects on Roads and Footpaths Bylaw 2016                         105

Reports - Operational Matters

8.1       Report to Southland District Council - re Venture Southland Allocation of Surplus to Significant Projects                                                                                                   133

8.2       Projects from 2015/2016 to be carried forward into the 2016/2017 Financial Year 137

8.3       Disposal of Old Blackmount Hall                                                                             145

8.4       Mokonui Street Stormwater Upgrade, Te Anau                                                    149

8.5       Council's Water Supplies - Information on Treatment and Potential Risks       159

8.6       Management Report                                                                                                  213

8.7       Building Consents and Values for July 2016                                                         223

Reports - Governance

9.1       Extension of Venture Southland Heads of Agreement 2014-2017                       231

9.2       Minutes of the Activities Performance Audit Committee Meeting dated 8 June 2016                                                                                                                                     235

9.3       Minutes of the Activities Performance Audit Committee Meeting dated 29 June 2016                                                                                                                                     237

9.4       Minutes of the Otautau Community Board Meeting dated 2 June 2016             239

9.5       Minutes of the Riverton/Aparima Community Board Meeting dated 13 June 2016 241

9.6       Minutes of the Te Anau Community Board Meeting dated 10 June 2015          243

9.7       Minutes of the Te Anau Community Board Meeting dated 22 July 2015            245

9.8       Minutes of the Te Anau Community Board Meeting dated 2 September 2015  247

9.9       Minutes of the Te Anau Community Board Meeting dated 14 October 2015     249

9.10     Minutes of the Te Anau Community Board Meeting dated 2 December 2015   251

9.11     Minutes of the Te Anau Community Board Meeting dated 27 January 2016     253

9.12     Minutes of the Te Anau Community Board Meeting dated 2 March 2016          255

9.13     Minutes of the Te Anau Community Board Meeting dated 13 April 2016          257

9.14     Minutes of the Te Anau Community Board Meeting dated 25 May 2016            259

9.15     Minutes of the Tuatapere Community Board Meeting dated 5 July 2016           261

9.16     Minutes of the Winton Community Board Meeting dated 28 April 2015             263

9.17     Minutes of the Winton Community Board Meeting dated 20 July 2015              265

9.18     Minutes of the Winton Community Board Meeting dated 31 August 2015        267

9.19     Minutes of the Winton Community Board Meeting dated 23 November 2015   269

9.20     Minutes of the Winton Community Board Meeting dated 12 October 2015       271

9.21     Minutes of the Winton Community Board Meeting dated 14 December 2015   273

9.22     Minutes of the Winton Community Board Meeting dated 7 March 2016            275

9.23     Minutes of the Winton Community Board Meeting dated 11 April 2016             277

9.24     Minutes of the Winton Community Board Meeting dated 16 May 2016              279

9.25     Minutes of the Colac Bay Community Development Area Subcommittee Meeting dated 17 March 2016                                                                                                  281

9.26     Minutes of the Ohai Community Development Area Subcommittee Meeting dated 10 May 2016                                                                                                                     283

9.27     Minutes of the Orepuki Community Development Area Subcommittee Meeting dated 8 March 2016                                                                                                              285

9.28     Minutes of the Lumsden Community Development Area Subcommittee Meeting dated 15 August 2016                                                                                                287

9.29     Minutes of the Mossburn Community Development Area Subcommittee Meeting dated 25 July 2016                                                                                                     289

9.30     Minutes of the Nightcaps Community Development Area Subcommittee Meeting dated 10 May 2016                                                                                                     291

9.31     Minutes of the Thornbury Community Development Area Subcommittee Meeting dated 10 March 2016                                                                                                  293

9.32     Minutes of the Riverton Harbour Subcommittee Meeting dated 9 May 2016     295

9.33     Minutes of the Ohai Railway Fund Committee Meeting dated 19 October 2015 297

9.34     Minutes of the Ohai Railway Fund Committee Meeting dated 19 October 2015 299

9.35     Minutes of the Ohai Railway Fund Committee Meeting dated 9 May 2016        301   

Public Excluded

Procedural motion to exclude the public                                                                            303

C10.1  Public Excluded Minutes of the Activities Performance Audit Committee Meeting dated 8 June 2016                                                                                                      319

C10.2  Public Excluded Minutes of the Riverton/Aparima Community Board Meeting dated 13 June 2016                                                                                                               321

C10.3  Public Excluded Minutes of the Winton Community Board Meeting dated 28 April 2015                                                                                                                             323

C10.4  Public Excluded Minutes of the Winton Community Board Meeting dated 23 November 2015                                                                                                          325

C10.5  Public Excluded Minutes of the Te Anau Community Board Meeting dated 2 December 2015                                                                                                           327

C10.6  Public Excluded Minutes of the Te Anau Community Board Meeting dated 27 January 2016                                                                                                                             329

C10.7  Public Excluded Minutes of the Te Anau Community Board Meeting dated 2 March 2016                                                                                                                             331

C10.8  Public Excluded Minutes of the Te Anau Community Board Meeting dated 13 April 2016                                                                                                                             333

C10.9  Public Excluded Minutes of the Te Anau Community Board Meeting dated 25 May 2016                                                                                                                             335

C10.10 Public Excluded Minutes of the Tuatapere Community Board Meeting dated 5 July 2016                                                                                                                             337  

 


Council

07 September 2016

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1          Apologies

 

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

 

2          Leave of absence

 

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

 

3          Conflict of Interest

 

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

 

4          Public Forum

 

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

 

5          Extraordinary/Urgent Items

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

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

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

(ii)     The reason why the discussion of this item cannot be delayed until a subsequent meeting.

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a)     that item may be discussed at that meeting if-

(i)      that item is a minor matter relating to the general business of the local authority; and

(ii)      the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b)     no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

6          Confirmation of Council Minutes

6.1         Meeting minutes of Council, 17 August 2016


Council

7 September 2016

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Draft Cemetery Bylaw 2016 and Draft Cemetery Policy

Record No:        R/16/7/10913

Author:                 Jenny Green, Senior Resource Management Planner - Consents

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1       To recommend that Council adopt the attached draft Cemetery Bylaw 2016 and draft Cemetery Policy. 

Executive Summary

2        The Cemetery Bylaw 2006 is currently due for review, having been in force for a 10 year period. Council has now completed a review of the Bylaw and called for submissions.

3        Officers are not recommending any amendments to the draft Cemetery Bylaw 2016 and draft Cemetery Policy on the basis of submissions received.  

Recommendation

That the Council:

a)         Receives the report titled “Draft Cemetery Bylaw 2016 and Draft Cemetery Policy” dated 28 August 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 it is satisfied that:

(i)         The bylaw is within the scope of the specific bylaw-making powers outlined in Section 146 (b) (v) of the Local Government Act 2002; and

(ii)        The bylaw is the most appropriate and proportionate way of managing and regulating cemeteries and protecting them from damage or misuse.

e)         Adopts the attached Cemetery Bylaw 2016 with any amendments as it sees fit - Attachment B.

f)          Adopts the attached Cemetery Policy with any amendments as it sees fit - Attachment C.

g)         Resolves in accordance with Section 157 of the Local Government Act 2002 that public notice be given of the making of the bylaw advising:

(i)         That the bylaw will come into force on 1 October 2016.

(ii)        That copies of the bylaw may be inspected without fee at all Council          offices. 

 

Content

Background

4        The Cemetery Bylaw 2006 is currently due for review, having been in force for a 10 year period.  A review is required by Section 159 of the Local Government Act 2002.  Officers have taken the opportunity to ensure that the bylaw remains appropriate and is supported by a robust and relevant policy. 

5        Council released the draft Cemetery Bylaw 2016 and draft Cemetery Policy for public consultation on 30 June 2016.  Two submissions were received from the same submitter and
the submitter did not ask to be heard. 

6        The draft Cemetery Bylaw 2016 and draft Cemetery Policy are attached to this report.

Issues

7       The draft Cemetery Bylaw 2016 takes a predominantly similar approach to the Cemetery Bylaw 2006.  However, some clauses within the Cemetery Bylaw 2006 have been moved to the draft Cemetery Policy, as they were not of a regulatory nature.

8        A key change proposed in the draft Cemetery Policy relates to the period to which an Exclusive Right of Burial would apply.  Currently, an Exclusive Right of Burial is allocated for a period of up to 60 years.  The draft Cemetery Policy proposes that this is limited to a period of up to 20 years.  The purpose of this change is to reflect the needs of today’s communities in which people are often more transient.  This change would also allow Council greater flexibility and more efficient management of the cemeteries it controls.

9        The key concern raised by submitter, Mr D North, related to whether there was consistency between the Bylaw and Policy in relation to the timeframe of an Exclusive Right of Burial.  Officers have noted this concern but recommend that the timeframe for an Exclusive Right of Burial be stated in the Policy only, as it is not regulatory in nature.

10      Council has also clarified its position on disinterment in the draft Cemetery Bylaw 2016.  If the draft Cemetery Bylaw 2016 was adopted, any person wishing to be present at a disinterment (other than a Council officer, funeral director or Health Protection Officer) would require prior Council approval. 

Factors to Consider

Legal and Statutory Requirements

11     The Cemetery Bylaw 2006 is currently due for review under Section 159 of the Local Government Act 2002.

12     Consistent with Section 145 of the Local Government Act 2002 the draft Cemetery Bylaw 2016 and the draft Cemetery Policy is intended to protect the public from nuisance; protect, promote and maintain public health and safety and minimise the potential for offensive behaviour in public places. 

13     The draft Cemetery Bylaw 2016 also meets the criteria of Section 146 (b)(v) which allows a territorial authority to make a bylaw for the purpose of managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of, the land, structures, or infrastructure associated with cemeteries.

14     When making a bylaw under the Local Government Act 2002 the Council must comply with the matters in Section 155 of that Act.  This section requires that the Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem.  The Council must then determine whether the bylaw is in the most appropriate form, and that it does not give rise to any implications under the New Zealand Bill of Rights Act 1990. 

15     The Council has not identified any implications under the New Zealand Bill of Rights Act 1990.  Consideration has been given to cultural and religious needs and sensitivities relating to burial and has developed the draft bylaw to be flexible where required.

Community Views

16     The attached submissions booklet shows community views received through submissions during public consultation.

Costs and Funding

17      The draft Cemetery Bylaw and draft Cemetery Policy do not reflect significant changes to current operational practice.  As such no additional costs have been identified, other than the cost associated with renewing an Exclusive Right of Burial if it were not used within a 20 year period rather than 60 years. 

Policy Implications

18      The draft Cemetery Policy has been prepared to support the draft Cemetery Bylaw 2016.  Officers have included the proposed change to Exclusive Right of Burial in the draft policy only because it is not of a regulatory nature and reflects Council’s policy approach to Exclusive Right of Burial.  The intention of creating a Cemetery Policy was to remove
non-regulatory content from the Cemetery Bylaw. 

Analysis

Options Considered

·                      A review of the Cemetery Bylaw 2006 is required because it has been in force for a 10 year period.  Council could choose to renew the existing bylaw, adopt the proposed draft bylaw and policy, or an alternative. 

·                      If Council was to prefer an approach significantly different to that proposed in public consultation, a new consultation period would need to be undertaken.

 

Analysis of Options

Option 1 - Renew the Cemetery Bylaw 2006

Advantages

Disadvantages

·        There are no clear advantages to renewing the current bylaw, which is currently due for review.  While the Cemetery Bylaw 2006 is legally compliant, Council has an opportunity to implement an improved bylaw. 

·        There is a legal requirement to review the current bylaw as it has been in force for a 10 year period.

·        The current bylaw combines both regulatory and policy statements - it is preferable to separate policy from the content of the bylaw. 

Option 2 - Adopt the draft Cemetery Bylaw 2016 and supporting Cemetery Policy

Advantages

Disadvantages

·        The draft bylaw is legally compliant and Council would meet requirements under the Local Government Act 2002 to review the current bylaw. 

·        The form and content of the draft bylaw has also been the subject of legal review and are compliant. 

·        The draft bylaw distinguishes between regulatory bylaw content and policy content.

·        The draft bylaw clarifies Council’s position on disinterment.

·        No disadvantages to this approach have been identified and there is opportunity for amendments to the draft bylaw through the submission and hearing processes. 

Option 3 - Adopt an alternative form of Cemetery Bylaw

Advantages

Disadvantages

·        It is not possible to identify advantages to this option without knowing what an alternative proposal would look like. 

 

·        Council would need to re-consult on any amended proposal.  

·        The draft bylaw that was proposed for public consultation is compliant and recommends improvements to operational practice. 

Assessment of Significance

19      Neither the draft Cemetery Bylaw 2016 nor the draft Cemetery Policy have been assessed as significant as substantial changes to current operational practice are not recommended. 

Recommended Option

20      It is recommended that Council adopt the draft Cemetery Bylaw 2016 and supporting Cemetery Policy. 

Next Steps

21      If Council adopts the draft Cemetery Bylaw 2016 and draft Cemetery Policy, these documents would come into effect on 1 October 2016.  The final documents would be available on Council’s website, submitters would be notified and notification would also be provided to Community Boards and Community Development Area Subcommittees. 

 

Attachments

a         Submission Booklet Draft Cemetery Bylaw and Policy 2016

b         Final Draft Cemetery Bylaw 2016

c         Final Draft Cemetery Policy 2016    

 


Council

07 September 2016

 


 


 


 


Council

07 September 2016

 

 

Pursuant to Section 145 of the Local Government Act 2002, and Section 16 of the Burial and Cremation Act 1964 the Southland District Council makes the following Bylaw:

 

 

SOUTHLAND DISTRICT COUNCIL CEMETERY BYLAW 2016

 

CONTENTS

 

1             SHORT TITLE, COMMENCEMENT AND APPLICATION.. 1

2             REVOCATION.. 1

3             DEFINITIONS.. 2

4             BURIALS AND PLOTS.. 2

5             HOURS FOR BURIALS.. 2

6             FEES.. 2

7             HEADSTONES AND MEMORIALS.. 3

8             SHRUBS AND TREES.. 4

9             WREATHS.. 4

10           FLOWERS AND TRIBUTES.. 4

11           VEHICLES.. 4

12           SOLICITING OF ORDERS.. 5

13           MISCONDUCT. 5

14           DISINTERMENT. 5

15           OFFENCES.. 5

 

1          SHORT TITLE, COMMENCEMENT AND APPLICATION

 

1.1       This Bylaw shall be referred to as the "Southland District Council Cemetery Bylaw 2016” and shall come into force on {date to be determined}.

 

1.2       Nothing in this Bylaw shall derogate from any Act or Regulation for the time being in force concerning cemeteries and burials.

 

 

2          REVOCATION

 

2.1       The Southland District Council Cemetery Bylaw 2006 is revoked.

 

 

3          DEFINITIONS

 

3.1       For the purposes of this Bylaw:

Beam Lawn Cemetery” means a cemetery or part of a cemetery in which the surface is laid down as a grass lawn with headstones plaques and tablets erected on the beam provided by Council at the head of the burial plots.

Burial Plot” means a plot in a cemetery used for the burial of the dead.

Burial Warrant” means a certificate issued by Council after application on the prescribed form and payment of any fees authorising the burial of the person named in it and prescribing the terms and conditions of burial. 

Cemetery” means any cemetery vested in or under the control of Council.

Closed Cemetery” means a cemetery which has been closed by a closing order. 

"Council" means the Southland District Council.

Disinterment means the removal of any body (or remains of any body) buried in any cemetery.

Exclusive Right of Burial” means the purchase of a plot(s) for exclusive burial at a later date, in accordance with Section 10 of the Burial and Cremation Act 1964. 

Existing plot” means a plot previously used for a burial.

Manager” means the person appointed by Council to manage its cemeteries.

Sexton” means any person approved by Council to manage the day to day activities of any cemetery and includes his or her assistants.

 

 

4          BURIALS AND PLOTS

 

4.1       No burial shall be made in any cemetery without a burial warrant.  

 

4.2       Burials plots may be sold on such terms as Council decides.  An exclusive right of burial may be granted under Section 10 of the Burial and Cremation Act 1964. 

 

4.3       Upon application being made and the prescribed fees paid to Council, an urn containing the ashes of a deceased person may be buried in any part of the Cemetery that Council generally or in any particular case authorises.

 

4.4       The minimum depth of soil cover over any coffin in a Burial Plot shall be one metre.

 

4.5       No person other than the Sexton, or a person under the Sexton’s direction, shall dig any grave, or open the ground for burial, in any part of any Cemetery.

 

 

5          HOURS FOR BURIALS

 

5.1       Burials shall only be held on the days and between the hours identified in the Southland District Council Cemetery Policy.

 

 

 

6          FEES

 

6.1       All fees and charges under this Bylaw shall be set from time to time by resolution of Council and will be included in the Southland District Council Schedule of Fees and Charges.

 

 

7          HEADSTONES AND MEMORIALS

 

7.1       All headstones and related works shall be constructed in accordance with New Zealand Standard 4242:1995 - Headstones and Cemetery Monuments or any subsequent New Zealand Standard.  All foundations for kerbs, tombstones, headstones and monuments shall be constructed of permanent materials and be laid to the satisfaction of Council using the services of a qualified tradesperson approved by Council. 

 

7.2       All headstones and memorials shall be kept in good repair by the holder of the Burial Plot or their personal representative.  Subject to the provisions of the Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967, all headstones or memorials which fall into a state of decay or disrepair, may at any time be removed by Council.

 

7.3       All vases or containers for flowers and other tributes shall be housed in insets into the base on which the memorial is placed, and shall be approved by Council.  No glass vases or containers shall be permitted in the Cemetery.

 

7.4       In any Beam Lawn Cemetery no person shall:

a)         erect any kerb, railing, fence, building, or other structure, on or around any Burial Plot or part of;

b)         install or place any memorial plaque, memorial tablet, or other item on any Burial Plot without the prior permission of Council, and subject to compliance with the following conditions:

i)          any memorial tablet, plaque or headstone shall consist of a permanent material as may be approved by Council; and

ii)         such tablet, plaque or headstone shall be of an approved size and set in an approved position.

 

7.5       A temporary single grave marker may be placed at the head of the grave prior to a permanent memorial being installed.

 

7.6       Purchasers of Burial Plots in any Cemetery, other than a lawn cemetery, may surround the plots of ground allotted with kerbing in permanent materials.  The highest part of such kerbing shall be not more than 300 mm above the ground level.  Tombstones, headstones, or other monuments may be erected.

 

7.7       No person, without permission of Council, may remove any kerb, headstone, monument, or tablet from any Cemetery or any grave.

 

7.8       No person without authority will remove or take from any cemetery, or from any grave in any Cemetery, any vase, wreath, plant, flower or any other item.

 

7.9       No person erecting or repairing any headstone, monument, fence or other work in, or around any grave, in any Cemetery shall make use of any footpath or other part of such Cemetery for placing or depositing any tools or material in connection with the work for a longer time than is reasonably necessary for the purpose of completing such work.  Any person who, after receiving notice in writing by Council requesting the removal thereof within a time specified in such notice, neglects or refuses to comply with the notice issued breaches this Bylaw.

 

7.10     No person shall make use of any footpath or roadway in the Cemetery for the purpose of mixing cement or mortar otherwise than upon a proper mixing board or in an approved manner.

7.11     Any person, business, or group wishing to provide or undertake services in the Cemetery, other than provided in this document, shall require the prior approval of Council. 

 

7.12     A person who produces Power of Attorney documents relating to the Exclusive Right Holder(s) will have the same interment and monument works decision rights as the holder(s) would.

 

 

 

 

8          SHRUBS AND TREES

 

8.1       No tree or shrub shall be planted or removed in any cemetery by any person without the consent of Council being first obtained.

 

 

9          WREATHS

 

9.1       During a period of seven days, or such other period as Council decides following a burial, any wreath may be placed on a plot, but shall be removed at the expiration of that period.

 

 

10        FLOWERS AND TRIBUTES

 

10.1     Any floral tribute placed on a Plot shall be placed in a vase.

 

10.2     The vase, or any other tribute, shall be installed adjoining any tablet or plaque on the side nearest the head of the Plot.

 

10.3     Council may at any time remove damaged vases, or vases of a type not approved by Council, and he/she may also remove at any time dead flowers and dead foliage.

 

10.4     Council may at any time remove damaged tributes or tributes deemed unacceptable by Council. 

 

 

11        VEHICLES

 

11.1     No person shall take a vehicle into any Cemetery except between the hours of sunrise and sunset, unless authorised by Council. 

 

11.2     No person shall permit any vehicle under his/her control to remain in any Cemetery after sunset without the permission of Council.

 

11.3     No person shall operate any vehicle in a Cemetery except on the roads open for vehicular traffic, and in the direction indicated by traffic signs.

 

11.4     No person shall operate any vehicle in a Cemetery at a greater speed than 20 km/hr, or the speed that is signposted.

 

11.5     Every person operating any vehicle in a Cemetery shall stop or move the vehicle as directed by the Sexton or a Funeral Director. 

 

 

12        SOLICITING OF ORDERS

 

12.1     No person shall advertise or solicit any order or custom for any work to be done in or in connection with any Cemetery,

 

12.2     No person shall, without the consent of the Funeral Director, or special permit in writing for the occasion from Council, take any photograph or moving image of a funeral.

 

 

13        MISCONDUCT

 

13.1     No person shall unreasonably prevent, interrupt, or delay a funeral service.

 

13.2     No person shall cause nuisance or inconvenience to any other visitor to a Cemetery.

 

 

14        DISINTERMENT

 

14.1     The disinterment of a body, or remains of a body, must be conducted in accordance with Section 51 of the Burial and Cremation Act 1964. 

 

14.2     The disinterment must be conducted in the presence of:

a)         a Council officer(s); and

b)         a Funeral Director; and

c)         a Health Protection Officer designated under the Health Act 1956, as part of disinterment approval conditions;

14.3     Any other person may be present at a disinterment with prior approval of Council. 

 

14.4     If a grave is rendered unused due to disinterment, and where there is no valid Exclusive Right of Burial still in existence, that plot will revert back to Council.  Council will not use that plot other than in line with any valid Exclusive Right of Burial still in existence. 

 

 

15        OFFENCES

 

15.1     Every person commits an offence against this Bylaw who by any act contravenes or fails to comply with any of the provisions of this Bylaw.

 

 

This Bylaw has been made and confirmed by a resolution passed at a meeting of the Southland District Council held on the __________. 

 

 

THE COMMON SEAL of the                      }

SOUTHLAND DISTRICT COUNCIL          }

was hereunto affixed in the presence of     }

 

 

                                                                              MAYOR

 

 

                                                                              CHIEF EXECUTIVE


Council

07 September 2016

 

 

SOUTHLAND DISTRICT COUNCIL

CEMETERY MANAGEMENT POLICY

 

 

This policy applies to: 

 

DOCUMENT CONTROL

 

Policy administrator:

Strategic Manager Property

TRIM reference number:

r/16/5/6739

Effective date:

«type date»

Approved by:

«type name of the position or body that a»

Date approved:

«type date»

Next review date:

«type date»

 

 

CONTENTS

 

CEMETERY MANAGEMENT POLICY.. 1

1            PURPOSE.. 1

2            DEFINITIONS AND ABBREVIATIONS.. 1

3            SCOPE.. 2

4            POLICY DETAILS.. 2

4.1         Interments. 2

4.2         Exclusive Right of Burial 3

4.3         Burial of Her Majesty’s Service Personnel 4

4.4         Burials not managed by a Funeral Director 4

4.5         Disinterment 4

4.6         Cemetery Standards. 5

4.7         Cemetery Maintenance. 5

4.8         Funding, Fees and Charges. 6

4.9         Burial Charges:  Poor Persons. 6

4.10       Non-Council Controlled Cemeteries. 6

4.11       Cemetery Records. 7

4.12       Public Use of Cemeteries. 7

5            ROLES AND RESPONSIBILITIES.. 7

6            ASSOCIATED DOCUMENTS.. 7

7            REVISION RECORD.. 7

 


Council

07 September 2016

 

CEMETERY MANAGEMENT POLICY

 

 

1          PURPOSE

 

The Southland District Council Cemetery Management Policy aims to ensure:

•           The effective and consistent management of Council controlled cemeteries throughout the Southland District;

•           That there is certainty for all in relation to monuments at Council controlled cemeteries; and

•           That remembrance can occur in the best possible surroundings. 

 

 

2          DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

Beam Lawn Cemetery

Means a cemetery or part of a cemetery in which the surface is laid down as a grass lawn with headstones plaques and tablets erected on the beam provided by Council at the head of the burial plots. 

Burial Plot

Means a plot in a cemetery used for the burial of the dead.

Burial Warrant

Means a certificate issued by Council after application on the prescribed form and payment of any fees authorising the burial of the person named in it and prescribing the terms and conditions of burial.

Cemetery

Means any cemetery vested in or under the control of Council.

Closed Cemetery

Means a cemetery which has been closed by a closing order.

Council / SDC

Means the Southland District Council.

Disinterment

Means the removal of any body (or remains of any body) buried in any cemetery.

Exclusive Right of Burial

Means the allocation of a plot(s) for exclusive burial at a later date, in accordance with Section 10 of the Burial and Cremation Act 1964. 

Existing Plot

Means a plot previously used for a burial.

Funeral Director

Means a person whose business is, or includes, disposing of bodies.

Manager

Means the person appointed by Council to manage its cemeteries.

Service Person

Means a person who has been on operational service in Her Majesty’s Forces pursuant to Section 15 (a)(i) of the Burial and Cremation Act 1964.

Sexton

Means any person approved by Council to manage the day to day activities of any cemetery and includes his or her assistants.

3          SCOPE

 

This policy applies to all cemeteries managed or controlled by Southland District Council. 

 

This policy affects all members of the public; including Council employees, residents, visitors and contractors, who have an interest in or are undertaking work within Council managed or controlled cemeteries in the Southland District.

 

 

4          POLICY DETAILS

 

The Southland District Council Cemetery Management Policy outlines the overall principles that underpin how Council manages its cemeteries.

 

4.1       Interments

 

4.1.1    Burial Warrants

 

All requests for interments must be made to Council through an application for a burial warrant.  The Funeral Director or person having the management or control of the burial shall make application to Council for a burial warrant. 

 

No burial warrant shall be issued until the interment fee has been paid.  In the case of a burial under the management or control of a Funeral Director, Council may, at its discretion, waive the requirement and charge the cost of the same to the Funeral Director concerned.

 

No burial will take place until the Sexton has received the burial warrant.  Notification of an intended burial shall be given to the Sexton at least 16 working hours prior to the time arranged for the funeral or such lesser time as agreed with Council.  Agreement will be subject to the payment of any additional costs incurred. 

 

When a burial warrant is issued Council may, upon specific application made to it, authorise the digging and filling of the grave by relatives and associates of the deceased under the direction of the Sexton. 

 

4.1.2    Authorisation

 

If the burial involves interment in a plot already used or allocated, any request for a burial warrant must detail the right to use the plot.  Where there is doubt regarding the allocation of a plot, Council may require confirmation that the burial is authorised.

 

4.1.3    Hours of Burial

 

As a general rule, burials shall be held between the hours of 9.00 am to 4.00 pm Monday to Friday in the months of October to April, and 9.00 am to 3.30 pm in the months of May to September and 9.00 am to 1.00 pm on Saturday, or such other days or hours as Council may determine.  Burials will not take place on public holidays or days that they are observed. 

 

Council will consider requests for interment which for religious, cultural or any other reasons may be outside the scope of Council’s Policy, Bylaw or contract arrangements. 

 

 

4.2       Exclusive Right of Burial

 

4.2.1    General

 

An Exclusive Right of Burial may be either pre-allocated, or bought at the time of burial. 

 

If a person wishes to have a plot pre allocated, they gain the Exclusive Right of Burial for that plot.  This means that the individuals named in the allocation obtain the right to be buried in that plot; this does not mean they own the piece of land on which the plot sits. 

 

The Exclusive Right of Burial is held by the individuals for a maximum of 20 years.  After this time, if no burial has taken place in that plot, the Exclusive Right of Burial will revert back to Council with no entitlement for refund of any fees paid.  Council may re-allocate the plot to the individuals in the first instance if the individuals wish to retain that plot. It is the responsibility of the holder of an Exclusive Right of Burial to ensure that the Exclusive Right of Burial is re-allocated. However, Council will endeavour to contact the holder of an Exclusive Right of Burial when the Exclusive Right of Burial is due to lapse. It is the responsibility of the holder to ensure that Council has the correct contact details.  Re-allocation of an Exclusive Right of Burial shall incur a fee.

 

No memorials, plaques or headstones can be erected until such time as a burial has taken place in the grave and all fees have been paid, other than with the approval of Council.

 

4.2.2    Transfer of an Exclusive Right of Burial to Another Party

 

The person who is allocated the Exclusive Right of Burial of a plot may, with the consent of Council, transfer that right to another person, or entity, including a charitable organisation for example.  This will incur the same fee as issue for an Exclusive Right of Burial.  The original certificate must be presented to Council with the transfer section completed and signed by the person allocated Exclusive Rights.

 

4.2.3    Surrender of an Exclusive Right of Burial to Council

 

The holder or joint holders of an Exclusive Right granted by Council may surrender the Exclusive Right to Council. 

 

Council will only accept the surrender of an Exclusive Right if:

a)         Evidence of allocation of the Exclusive Right is supplied to Council.

b)         The plot described in the Exclusive Right to be surrendered has not been used for burial of human remains, including the remains from a cremation or if it has previously been used, an exhumation has occurred and the plot is no longer required.

 

4.2.4    Transfer to Surviving Holder where Exclusive Right is held jointly

 

If jointly held, upon the death of one of the joint holders of an Exclusive Right, the remaining joint holder is, or joint holders are, entitled to the full allocation of the Exclusive Right. 

 

 

4.2.5    Exclusive Right Bequeathed

 

The holder of a burial permit may bequeath the Exclusive Right as if it were the holder’s personal estate. 

 

Upon application made by a person to whom a burial permit has devolved as a result of a bequest, Council will amend the register so as to indicate that the person has become the holder of the Exclusive Right.  A new certificate will be issued and the original certificate will be retained at Council and recorded as cancelled. 

 

Evidence in writing of a bequeath is required to be provided to Council in order to make any changes

 

4.3       Burial of Her Majesty’s Service Personnel

 

Southland District Council may:

a)         Set aside areas specifically for the burial of deceased service personnel. 

b)         Allow the subsequent interment of the husband, wife, civil union partner or
de-facto partner of the deceased service personnel in the same plot.

c)         On application consider the interment of the husband, wife, civil union partner or de-facto partner prior to the death of the service personnel.

 

4.4       Burials not managed by a Funeral Director

 

            The following conditions apply for burials in cemeteries where a Funeral Director is not responsible for the organisation and management of the burial.

 

            When an application is made for a burial warrant, the application shall provide:

a)         The full name of deceased.

b)         Evidence of death certified by a Registered Medical Practitioner.

c)         The name of cemetery in which burial to take place.

d)         The date and time for burial.

e)         Any special services required for burial.

 

            Payment of the burial fee is required at the time of the application for a burial warrant.

 

            An adult person shall be nominated to oversee the burial.  That person shall be responsible for liaison with Council staff and the Sexton at the cemetery and for directing the burial process.

 

            By arrangement with the Sexton, digging and filling of graves by relatives and associates of the deceased may be permitted.  Activities associated with this activity will be restricted to the immediate environs of the grave site.

 

4.5       Disinterment

 

A disinterment requires a licence from the Ministry of Health.  The Ministry of Health is reluctant to issue a licence to disinter a body between one month and one year after interment because of the decomposition process. 

 

 

Applications for a disinterment licence must be made through the Southern District Health Board and provided to Council when requesting a disinterment.  Where an application for a disinterment of any deceased is received by Council, the applicant shall be liable for all costs associated with the disinterment.

 

Disinterring ashes does not need a disinterment licence but does need to be requested and managed through Council. 

 

Human remains interred for more than 100 years are also subject to the jurisdiction of Heritage New Zealand. 

 

No family members are to be present at the disinterment unless specifically authorised by Council.

 

4.6       Cemetery Standards

 

Council aims for all cemeteries within the District to be of a high quality and reflect the community’s standards.  Council also has duties under statute with regard to public health and these are recognised within the standards. 

 

Council will manage cemeteries in line with the requirements of the Bylaw.  To help achieve this Council will:

a)         Develop and maintain an asset management plan for its cemetery activity. 

b)         Maintain its obligation for safe and reasonable access to burial sites. 

c)         Maintain the surrounds to be attractive and representative of its nature. 

d)         Ensure allocated plots are maintained to acceptable standards. 

 

4.7       Cemetery Maintenance

 

Council shall maintain lawn areas, trees and vegetation, roadways and paths adjacent to and within the monumental sections.  All shrubs, plants, etc in the cemetery and gardens are planted and cared for by Council.  Council may remove any trees, shrubs, or other vegetation from the cemetery. 

 

The public are not permitted to plant flowers, shrubs, or trees in any area within the cemetery boundary without Council’s written consent.  Council may remove any shrubs, trees, or other vegetation that have been planted on a burial site or within the Cemetery without Council’s written consent. 

 

Council is not responsible for the erection, upkeep, maintenance, repair, restoration, or cleaning of any monument or structure at a burial site.  Council will endeavour to contact any known family member if damage is caused to a grave or monument. 

 

Council may act to remove any structure in a cemetery that has become dilapidated, unsightly, is crumbling, or deemed to be unsafe in a risk assessment carried out by Council.  Council’s actions will be limited to making unsafe structures safe to ensure public and employee safety. 

 

Where subsidence is evident, Council may fill and compact the ground.

 

 

Council is responsible for:

Individuals are responsible for:

·          Maintaining adequate access to gravesites.

·          Maintaining any communal spaces (such as lawns).

·          Constructing and maintaining structures used by more than one burial plot (such as concrete beams or niche walls).

·          Payment of fees for services and for the use of structures used by more than one burial plot (such as concrete beams or niche walls).

·          Maintaining any private structures erected within the burial plot (vaults, headstones or fences).

 

Council will ensure that appropriate maintenance arrangements are in place to allow public access to all grave sites in closed cemeteries under the control of Council.

 

4.8       Funding, Fees and Charges

 

Cemetery fees are detailed in Council’s Schedule of Fees and Charges. 

 

Council will review the interment fee on an annual basis using the following formula:

a)         Adult interment fee determined by contractor, cost of burial plus staff time.

b)         Interment one year old and up to five years old - 50% of adult interment fee.

c)         Interment stillborn and up to one year old - 25% of adult rate.

d)         Cremated ashes within an ashes beam - one hour of staff time.

e)         Cremated ashes into existing plot - no charge.

f)          Allocation of Exclusive Right of Burial - two hours of staff time. 

g)         Cremated ashes into new standard plot - including allocation of Exclusive Right of Burial - two hours of staff time.

 

Specific site preparation by the Sexton not covered by Council’s Schedule of Fees and Charges shall be at the cost of the applicant.

 

4.9       Burial Charges:  Poor Persons

 

Where application is made to Council for the burial free of charge of any deceased poor person, the applicant will also furnish to Council an order signed by a Justice of the Peace in accordance with the Burial and Cremation Act 1964. 

 

Burial will take place in a plot as determined by Council and no fence or headstone will be erected unless all fees have been paid and the plot allocated.

 

Any person may, within two years from the date of such burial or such extended time as Council shall approve, pay for allocation of the plot by paying all outstanding charges at current contract rates.

 

4.10     Non-Council Controlled Cemeteries

 

To meet Council’s statutory obligations to provide cemeteries within the District, Council will, if approached, by the administrators of non-Council controlled cemeteries, consider accepting the particular cemetery as a Council controlled one.

 

Any cemetery administration accepted by Council will only be on the basis that Council becomes the sole administrator.

 

4.11     Cemetery Records

 

In accordance with the Burial and Cremation Act 1964, Council maintains records of burials within cemeteries.  All records are available to the public. 

 

Burials are registered to meet the requirements of the Births, Deaths and Marriages Act 1995.  A record of reservations or pre-death requirements is maintained for those with Exclusive Right of Burial.  Each burial is recorded from the date of issuing the Burial Warrant and the register is reviewed regularly for accuracy. 

 

4.12     Public Use of Cemeteries

 

Public use of the cemetery is covered by the Southland District Council Cemetery Bylaw 2016.  Activities detrimental to the value or detracting from the passive and contemplative nature of the cemetery will not be permitted. 

 

Southland District Council accepts no responsibility for the effects of vandalism and intentional (wilful) damage to assets under Council ownership. 

 

 

5          ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

«Party»

«Roles»

«Party»

«Roles»

«Party»

«Roles»

 

 

6          ASSOCIATED DOCUMENTS

 

The following documentation is to be read in conjunction with this policy:

•      Southland District Council Cemetery Bylaw 2016;

•      New Zealand Standard 4242:  1995 Headstones and cemetery monuments;

•      Burial and Cremation Act 1964.

• .         Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967.

 

 

7          REVISION RECORD

 

Date

Version

Revision Description

«Type Date»

«Version»

«Revision»

«Type Date»

«Version»

«Revision»

«Type Date»

«Version»

«Revision»


Council

7 September 2016

sdclogo

 

Gambling Venue Policy and Draft TAB Venue Policy

Record No:        R/16/7/10937

Author:                 Jenny Green, Senior Resource Management Planner - Consents

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                             Recommendation                         Information

 

  

 

Purpose

1       The Gambling Act 2003 requires that every territorial authority adopt policies regarding gaming machine venues.  The Racing Act 2003 requires that every territorial authority adopt policies regarding TAB venues.  Both of these policies must be reviewed every three years.  This report addresses the issues and options raised through the public submission process and recommends that Council adopt a revised Gambling Venue Policy (that reflects amendments to the Gambling Act 2003) and adopt the draft TAB Venue Policy. 

Executive Summary

2       Council consulted with the public on continuing the Gambling Venue Policy and on an amended draft TAB Venue Policy.  The policies were introduced in 2013 for the purpose of reducing gambling harm in Southland District’s communities. 

3        The Gambling Venue Policy is based on a soft sinking lid approach to electronic gambling machines (pokies) that allows for transfer or changes of consent in some circumstances.  A sinking lid policy allows venues to continue operating existing machines, but means no licences for new machines will be granted; and if a venue closes, the licence to have pokies can be transferred to another venue. 

4        It is recommended that Council adopt a revised Gambling Venue Policy that reflects amendments to the Gambling Act 2003, which provides for the maximum number of gaming machines permitted to operate at the new venue at the time when the new Class 4 venue licence takes effect, is the same as the maximum number of gaming machines permitted to operate at the old venue, immediately before the licence relating to the old venue is cancelled. The TAB Venue Policy requires that any new stand-alone TAB venue complies with the provisions of the Southland District Plan. 

 

Recommendation

That the Council:

a)         Receives the report titled “Gambling Venue Policy and Draft TAB Venue Policy” dated 31 August 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)         Adopts the draft Gambling Venue Policy (Attachment C) with the current sinking lid approach and which allows for the same number of machines to be relocated.

e)         Adopts the draft TAB Venue Policy (Attachment D). 

 

Content

Background

5        The Gambling Act 2003 requires that every territorial authority adopt a Gambling Venue Policy and the Racing Act 2003 requires that every territorial authority adopt a TAB Venue Policy.  Both Acts require that these policies are reviewed every three years.  Southland District Council’s policies were adopted in 2013 and are now due for review. 

6        In 2013 Council decided to develop two policies: a Gambling Venue Policy and a TAB Venue Policy.  Previously, both gambling venues and TAB venues had been covered in one policy.  The split occurred to reflect the different legislation for each issue. 

7        The Gambling Venue Policy is based on a soft sinking lid approach to electronic gambling machines (pokies) that allows for transfer or changes of consent in some circumstances.  A sinking lid policy allows venues to continue operating existing machines, but means no licences for new machines will be granted; and if a venue closes, the licence to have pokies can be transferred to another venue. 

8        The TAB Venue Policy requires only that any new stand-alone TAB venue complies with the provisions of the Southland District Plan.  Currently there are no stand-alone TAB venues in Southland District.

Issues

9        The Gambling Venue Policy has been drafted to control the growth of gambling, to prevent and minimise the harm caused by gambling, including problem gambling, and to facilitate community involvement in decisions about the provision of gambling.

 

 

 

10     The following issues were raised during public consultation and engagement:

·                      The extent of problem gambling was raised by some submitters with stakeholders citing statistics either supporting or opposing Council’s approach. 

·                      Submissions raised the issue that while Clause 5 of Council’s Gambling Venue Policy provides for the transfer of a licence from an existing venue to a new venue, subject to criteria, it does cap the maximum number of gaming machines which can be transferred to the new venue to nine

·                      It was requested that the relocation provision be expanded to reflect Section 97A(2)(b) of the Act, which provides for the maximum number of gaming machines permitted to operate at the new venue at the time when the new Class 4 venue licence takes effect, is the same as the maximum number of gaming machines permitted to operate at the old venue, immediately before the licence relating to the old venue is cancelled.  Council’s current policy allows for a maximum number of nine machines to be transferred. 

·                      Submitters raised the issue of whether there is a link between the number of pokie machines and harm.  Health agencies submitted that there was a link, and other interest groups such as gaming machine trusts submitted that environmental and societal conditions contribute more significantly than the number of machines. 

·                      Submitters noted that expenditure at electronic gaming machines remained high.  A submission from the Salvation Army stated that approximately 380 people in the Southland District lose up to $990,000 each year.  

·                      Submissions also raised both the community benefit which arises from the distribution of community funding from pokie machines and community harm arising from problem gambling. 

·                      Some submitters also queried whether pokie machines were socially desirable while others questioned the effectiveness of interventions to reduce the incidence and impact of problem gambling.

·                      Some submitters also noted that problem gambling disproportionately affects some ethnic groups and may also contribute to a number of other social issues such as domestic violence, child neglect and abuse and mental health issues. 

Factors to Consider

Legal and Statutory Requirements

11     Both policies are required by legislation: the Gambling Venue Policy under the Gambling Act 2003 and the TAB Venue Policy under the Racing Act 2003.  These Acts require that the policies are reviewed every three years and consultation for new or amended policies occurs using the Special Consultative Procedure outlined in Section 83 of the Local Government Act 2002. 

Community Views

12      Council received six submissions on the Gambling Venue Policy and Draft TAB Venue Policy.  In making its decision, Council is to have regard to the submissions received.  

13      Three submissions supported the overall approach taken by Council in its Gambling Venue Policy and Draft TAB Venue Policy.  Submissions that supported the approach did so on the basis of minimising community harm arising from problem gambling. 

14      Three submissions opposed the approach taken by Council in its Gambling Venue Policy and Draft TAB Venue Policy.  Those who opposed the proposed approach preferred a capped approach rather than a sinking lid approach. 

Costs and Funding

15      The Gambling Venue Policy and Draft TAB Venue Policy do not reflect significant changes to current operational practice.  As such no additional costs have been identified. 

Policy Implications

16      There are no policy implications arising from the continuation of the Gambling Venue Policy or the amendment of the TAB Venue Policy.

Analysis

Options Considered

17      The Gambling Venue Policy and TAB Venue Policy reflect an approach that was determined by Council in 2013 to adequately minimise the risks associated with problem gambling. 

18     In reviewing its policies, Council could consider the following options:

·                      Adopt the Gambling Venue Policy with the current sinking lid approach.

·                      Amend the transfer of a licence provision in Clause 5 to reflect changes to the Act.  Since Council’s last review in 2013, the Gambling Act 2003 has been amended and provides that the maximum number of gaming machines permitted to operate at the new venue at the time when the new Class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled.

·                      Adopt a revised Gambling Venue Policy which caps the number of pokie machines at the current level. 

Analysis of Options

Option 1 - Adopt the Gambling Venue Policy with the current sinking lid approach and the TAB Venue Policy

Advantages

Disadvantages

·        Council is legislatively required to have policies on gambling venue and TAB venues and the current policies are compliant. 

·        The sinking lid policy assists in the gradual decline of pokie machines, which may reduce harm. 

·        The current Gambling Venue Policy and the proposed amended TAB Venue Policy are aligned with the approach of other territorial authorities within the Southland region.

·        Amendments to the TAB Venue Policy would not reflect a change in Southland District Council’s approach to TAB venues.  Rather, amendments would clarify that Council requires only that any new stand-alone TAB venue to comply with the provisions of the Southland District Plan (ie no other specific conditions apply). 

·        This approach is aligned with the general intent of adjoining local authorities’ policies, providing for regional consistency. 

·        Some stakeholders may prefer an alternative approach to that taken in the current Gambling Venue Policy and/or the draft TAB Venue Policy, however these policies recognise the risks to public health arising from problem gambling.  The Gambling Venue Policy was the subject of extensive community engagement prior to its adoption in 2013.  The approach in the draft TAB Venue Policy is largely the same as the current policy which was also the subject of consultation in 2013.

Option 2 - Adopt a Gambling Venue Policy which allows for the same number of machines to be relocated, instead of the maximum number of nine machines as set out in Council’s current policy

Advantages

Disadvantages

·        This approach would respond to the preferences of some stakeholders, particularly those involved in gaming and hospitality.

·        The number of pokie machines in the Southland District may have reduced to an appropriate level as a result of the sinking lid approach Council has taken since 2013. 

·        A relocation approach may support hospitality businesses which may be currently facing a range of other challenges (eg increased costs as a result of changes to food and alcohol regulation).

·        A relocation approach would not further diminish community funding available from gambling trusts. 

·        This change only has application to two venues in the District - The Moose Tavern in Te Anau (11 machines) and the Te Anau Club (10 machines) - as all other venues in the District have nine or less machines. 

·        A relocation approach would not be the preference of health and social welfare organisations.

·        A relocation approach would not contribute to further reducing the social impacts of problem gambling. 

·        The disadvantages are minimal as the District only has two establishments with machine numbers exceeding nine.

 


 

Option 3 - Adopt a Gambling Venue Policy which caps the number of pokie machines at the current level

Advantages

Disadvantages

·        This approach would respond to the preferences of some stakeholders, particularly those involved in gaming and hospitality.

·        A capped approach would not be the preference of health and social welfare organisations.

·        The number of pokie machines in the Southland District may have reduced to an appropriate level as a result of the sinking lid approach Council has taken since 2013. 

·        A capped approach may support hospitality businesses which may be currently facing a range of other challenges (eg increased costs as a result of changes to food and alcohol regulation).

·        A capped approach would not further diminish community funding available from gambling trusts. 

·        A capped approach would not contribute to further reducing the social impacts of problem gambling. 

Assessment of Significance

19      Continuing the Gambling Venue Policy has not been assessed as significant, nor have changes to the TAB Venue Policy.  No changes to operational practice would arise as a result of the proposal.  At the time the current policies were adopted, they were determined be appropriate measures to reduce gambling harm in our communities.

20      The submission process has provided the community with the opportunity to express its views.

Recommended Option

21      It is recommended that Council adopt (Option 1 and Option 2) the attached revised Gambling Venue Policy (Attachment C) which allows for the same number of machines to be transferred and adopt the draft TAB Venue Policy (Attachment D). 

Next Steps

22      If Council adopts the Gambling Venue Policy and draft TAB Venue Policy, these documents would come into effect on 1 October 2016.  The final documents would be available on Council’s website, submitters would be notified and notification would also be provided to Community Boards and Community Development Area Subcommittees.  

Attachments

a         Submissions booklet - Gambling and TAB Venue Policies

b         Gambling Venue Policy 2013 as advertised

c         Proposed Revised Gambling Venue Policy

d         Draft TAB Venue Policy 2016     


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Council

07 September 2016

 

 

POLICY:                                             GAMBLING VENUE POLICY

 

 

GROUP RESPONSIBLE:                 Regulatory Services

 

 

DATE APPROVED:                          15 May 2013

 

 

DATE AMENDED:                           

 

 

FILE NO:                                            140/20/1/3, 140/20/1/4 

 

 

1.         INTRODUCTION

 

The Gambling Act 2003 (the Act) came into force on 18 September 2003.
Under Section 101 of the Act, the Council is required to adopt a policy to regulate the number and location of non-casino electronic gaming machines (Class 4), more commonly known as pokie machines.

 

At 31 March 2013 the Southland District had 23 Class 4 gaming venues and 133 electronic gaming machines.

 

The Council has the ability to limit the number and location of venues and the number of electronic gaming machines and must have regard to the social impact of gambling in developing its policy. As required under the Act, this policy only applies to gambling venues licensed after 17 October 2001, or to venues licensed prior to this if they wish to increase the number of electronic gaming machines.

 

2.         DEFINITIONS

 

Class 4 Gambling - means any activity that involves the use of a gaming machine outside a casino, and may be conducted only by a corporate society and only to raise money for authorised purposes.

 

Class 4 Gambling Venue - means a place used to conduct Class 4 gambling i.e. premises with Class 4 gaming machines licensed under the Gambling Act 2003.
This includes any TAB venue with gaming machines

 

Corporate Society – means a society that is:

(a)     Incorporated under the Incorporated Societies Act 1968 or

(b)     Incorporated as a board under the Charitable Trusts Act 1957 or

(c)     A company incorporated under the Companies Act 1993 that:

(i)       does not have the capacity or power to make a profit; and

(ii)      is incorporated and conducted solely for authorised purposes; or,

Corporate Societies may therefore include Clubs (RSA, sports clubs etc.), Trusts and Racing Clubs.

 

Southland District - means all the area covered by the Southland Territorial Local Authority.

 

New Venue - any venue that has not held a Class 4 venue licence for six months or more or that has never held a Class 4 venue consent.

 

The Council - means Southland District Council.

 

3.         OBJECTIVES

 

            (a)        To assist in limiting the harm of problem gambling in the community.

           

            (b)        To encourage responsible gambling practices and attitudes in Class 4 Venues.

 

            (b)        To reduce the number of electronic gaming machines in the community over time.

 

            (d)        To facilitate community involvement in decisions about gambling by ensuring that all communities in the Southland district are given the opportunity to consult with Council in a manner that is culturally appropriate.

 

4.         Restrictions on venue and machine consents

 

            (a)        The Council will not grant consent for the establishment of any additional Class 4 venues or additional gaming machines, including Class 4 machines in TAB venues, under this policy.

 

            (b)        A gambling venue consent is for one venue (one premises) and is not transferable to another venue, unless consent is obtained from the Council as provided for in Clause 5 below.  The consent is given to a venue at a given address, not to a person or business.

 

            (c)        Once a venue ceases to operate, the machine numbers will not be allocated to any new or existing venue except as specified in Clause 5 below. 

 

            (d)        Council will not provide a consent under Sections 95(1)(f) or 96(1)(e) of the Gambling Act 2003 to any application by corporate societies with Class 4 licences seeking Ministerial discretion to increase the number of gaming machines permitted at a venue except as provided in Clause 5 below.

 

5.         Transfer or changes to existing venues and machine consents

 

            (a)        If the owner of the principal business of the venue changes, the Council consent remains allocated to the venue.  The new owner is not required to obtain a Council consent but a new licence may be required from the Department of Internal Affairs.

 

(b)        Council will consent to the transfer of a licence from an existing venue to a new venue where the venue will be operated by the same corporate society provided that the maximum number of gaming machines which can be transferred to the new venue will be nine, and subject to a social impact study.

(c)        Two or more licensed Class 4 Clubs in the Southland District may apply to the Council to merge and increase the number of machines that can be operated at a venue, subject to a social impact study. Council consent will only permit the maximum number of gaming machines to be the sum of the number of gaming machines specified in all of the corporate societies’ (the clubs that are merging) Class 4 venue licences at the time of application.

(d)        Any substitute venues may only be established if:

            (i) the vacated site will not be able to be used as a Class 4 venue; and

                       

                        (ii)        Council considers that the location of the new venue is suitable taking into account the matters referred to in Section 101(4) of the Gambling Act.

(e)        Council may arrange its own peer review of any social impact study provided, at the applicant’s cost. 

 

6.         Visual and Sound

 

New substitute venues that are granted territorial authority consent are subject to the following additional conditions:

 

(a)        Only one sign may make reference to the existence of Class 4 gambling, and may be visible from the street or other public space, this sign shall not mimic or replicate the operation of gaming machines.

 

(b)        No other sign shall promote or identify the existence on site, of gaming machines.

 

(c)        Advertising signs and activities within the building associated with the operation of gaming machines shall not be visible from beyond the property boundary.

 

(d)        The operation of gaming machines shall not be audible from beyond the venue property boundary:

 

7.         Encouraging Responsible Gambling Practices

 

            •           Two of the stated purposes of the Gambling Act 2003 are to “prevent and minimise the harm caused by gambling, including problem gambling’’ and to “facilitate responsible gambling”.

 

            •           Enforcement and monitoring of gambling venues is the responsibility of the Department of Internal Affairs.

 

            •           Regulations made under the Gambling Act 2003 set out:

 

                        -           What constitutes an unsuitable venue.

                        -           Requirements and restrictions regarding gambling machines.

                        -           Requirements of venues to provide information about problem gambling.

                        -           Requirements of venues to provide problem gambling awareness training to staff.

 

            •           A Council consent for a venue is not revocable once issued and cannot lapse or expire unless there is a period of six months or more where a Class 4 licence is not held for the venue. 

                        Further, Council has no retrospective powers with regards to any consented venues and cannot impose conditions subsequently on any venue which has an existing licence.

 

            •           The Council is supportive in general of initiatives and actions that would help to ensure there is a balanced gambling environment in the city where potential harm is managed effectively, and where those who wish to gamble can do so safely.  In this regard, Council encourages responsible gambling practices as outlined in Appendix 1.

 

            •           Where Council has concerns about the operation of existing gambling venues these will be reported to DIA.  Council inspectors do not have enforcement powers over venues in terms of their gambling activities.

 

            •           The provision of information by the venues about problem gambling is required under the regulations and is a key way of promoting responsible gambling.  Where Council has concerns about a venue in this regard, it will be reported to DIA.

 

8.         APPLICATIONS FOR CONSENT

 

            (a)        All applications will incur a fee which will be prescribed by the Council pursuant to Section 150 of the Local Government Act 2002.

 

            (b)        Council will publicly notify applications for Class 4 Gambling Venues and allow for public submissions to be lodged.

 

            (c)        Applications for consent by the Council must be made to the Council on the prescribed form and include:

 

                        •           Name and contact details of the applicant.

                        •           Names of venue management staff.

                        •           Street address of premises being relocated and new proposed address.

                        •           Fees.

                        •           Details of design and layout shall be provided to demonstrate how the venue will comply with Clause 6.

                        •           Any other information that may reasonably be required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices.

 

            (d)        The decision will be made at Officer level pursuant to delegated authority and based on the criteria detailed in this Policy, except where any matter of opposition is raised in a public submission, in which case the application will be heard and determined by Council.

 

9.         COMMENCEMENT OF POLICY

 

            This Policy has been adopted by Council following the special consultative procedure prescribed by the Local Government Act 2002.

 

          This Policy is effective from 18 May 2013.

 

10.     REVIEW OF POLICY

 

The Council will review its Gambling Venues Policy within three years from the date on which this policy comes into effect.

 


Council

07 September 2016

 

 

ENCOURAGING RESPONSIBLE GAMBLING PRACTICES Best Practice

Supporting Action

Host Responsibility and Harm Minimisation Policy

The applicant has in place a Host Responsibility and Harm Minimisation Policy.

The programme conforms to best practice as set out by national guidelines or standards should these become available.

Location of gaming machines

Electronic gaming machines sites should be located so that:

•      The facility is ancillary to a principal business and is not the primary purpose of the site.

•      The facility is separate from the area of the principal business so that the legal age limit of 18 can be observed and enforced.

Staff training programme or activities

The applicant demonstrates that staff and management are familiar with its Host Responsibility and Harm Minimisation Policy.

The programme provides information on:

•      The potential effects of gambling on customers.

•      The identification of problem gambling traits.

•      The processes for approach, intervention and follow up for patrons with suspected problem gambling.

•      Identification practices for patrons appearing under 25 and actions to be followed.

•      Systems in place to support self barring.

•      Recognition of intoxicated patrons and steps to be followed to prevent intoxicated patrons from gambling.

•      Systems to be followed if children are left unattended in premises or nearby premises.

Policy on under age access to gambling machines

The licensee must ensure that appropriate signage is in place indicating age restrictions so that this is visible at every gambling machine and at the point(s) of entry into the gambling area.

Policy on identification checks for patrons appearing under 25.

Staff training on identification of patrons appearing under 25 and actions to be followed.

Provision of problem gambling information

The licensee must ensure that patrons have access to appropriate information on problem gambling and problem gambling help services.

Gambling help line phone number information is placed on or near all gambling machines.

Additional material on problem gambling and help services displayed in at least one other area within the premises, situated near to gambling machines.

Clocks are visible in premises

The licensee ensures that clocks are visible from gambling machines.

There is good visibility where gambling machines are located

Natural or artificial light illuminates the area where gambling machines are located at all times when machine are in operation.

 


Council

07 September 2016

 

 

POLICY:                                             GAMBLING VENUE POLICY

 

 

GROUP RESPONSIBLE:                 Regulatory Services

 

 

DATE APPROVED:                          15 May 2013

 

 

DATE AMENDED:                            ?? August 2016

 

 

FILE NO:                                            140/20/1/3, 140/20/1/4 

 

 

1.         INTRODUCTION

 

The Gambling Act 2003 (the Act) came into force on 18 September 2003.
Under Section 101 of the Act, the Council is required to adopt a policy to regulate the number and location of non-casino electronic gaming machines (Class 4), more commonly known as pokie machines.

 

At 31 March 2013 the Southland District had 23 Class 4 gaming venues and 133 electronic gaming machines.

 

The Council has the ability to limit the number and location of venues and the number of electronic gaming machines and must have regard to the social impact of gambling in developing its policy. As required under the Act, this policy only applies to gambling venues licensed after 17 October 2001, or to venues licensed prior to this if they wish to increase the number of electronic gaming machines.

 

2.         DEFINITIONS

 

Class 4 Gambling - means any activity that involves the use of a gaming machine outside a casino, and may be conducted only by a corporate society and only to raise money for authorised purposes.

 

Class 4 Gambling Venue - means a place used to conduct Class 4 gambling i.e. premises with Class 4 gaming machines licensed under the Gambling Act 2003.
This includes any TAB venue with gaming machines

 

Corporate Society – means a society that is:

(a)     Incorporated under the Incorporated Societies Act 1968 or

(b)     Incorporated as a board under the Charitable Trusts Act 1957 or

(c)     A company incorporated under the Companies Act 1993 that:

(i)       does not have the capacity or power to make a profit; and

(ii)      is incorporated and conducted solely for authorised purposes; or,

Corporate Societies may therefore include Clubs (RSA, sports clubs etc.), Trusts and Racing Clubs.

 

Southland District - means all the area covered by the Southland Territorial Local Authority.

 

New Venue - any venue that has not held a Class 4 venue licence for six months or more or that has never held a Class 4 venue consent.

 

The Council - means Southland District Council.

 

3.         OBJECTIVES

 

            (a)        To assist in limiting the harm of problem gambling in the community.

           

            (b)        To encourage responsible gambling practices and attitudes in Class 4 Venues.

 

            (b)        To reduce the number of electronic gaming machines in the community over time.

 

            (d)        To facilitate community involvement in decisions about gambling by ensuring that all communities in the Southland district are given the opportunity to consult with Council in a manner that is culturally appropriate.

 

4.         Restrictions on venue and machine consents

 

            (a)        The Council will not grant consent for the establishment of any additional Class 4 venues or additional gaming machines, including Class 4 machines in TAB venues, under this policy.

 

            (b)        A gambling venue consent is for one venue (one premises) and is not transferable to another venue, unless consent is obtained from the Council as provided for in Clause 5 below.  The consent is given to a venue at a given address, not to a person or business.

 

            (c)        Once a venue ceases to operate, the machine numbers will not be allocated to any new or existing venue except as specified in Clause 5 below. 

 

            (d)        Council will not provide a consent under Sections 95(1)(f) or 96(1)(e) of the Gambling Act 2003 to any application by corporate societies with Class 4 licences seeking Ministerial discretion to increase the number of gaming machines permitted at a venue except as provided in Clause 5 below.

 

5.         Transfer or changes to existing venues and machine consents

 

            (a)        If the owner of the principal business of the venue changes, the Council consent remains allocated to the venue.  The new owner is not required to obtain a Council consent but a new licence may be required from the Department of Internal Affairs.

 

(b)        Council will consent to the transfer of a licence from an existing venue to a new venue where the venue will be operated by the same corporate society provided that the maximum number of gaming machines which can be transferred to the new venue will be nine, and subject to a social impact study.  The maximum number of gaming machines permitted to operate at the new venue, at the time when the new Class 4 venue licence takes effect, is the same as the maximum number of gaming machines permitted to operate at the old venue, immediately before the licence relating to the old venue is cancelled. 


 

(c)        Two or more licensed Class 4 Clubs in the Southland District may apply to the Council to merge and increase the number of machines that can be operated at a venue, subject to a social impact study. Council consent will only permit the maximum number of gaming machines to be the sum of the number of gaming machines specified in all of the corporate societies’ (the clubs that are merging) Class 4 venue licences at the time of application.

(d)        Any substitute venues may only be established if:

            (i) the vacated site will not be able to be used as a Class 4 venue; and

                       

                        (ii)        Council considers that the location of the new venue is suitable taking into account the matters referred to in Section 101(4) of the Gambling Act.

(e)        Council may arrange its own peer review of any social impact study provided, at the applicant’s cost. 

 

6.         Visual and Sound

 

New substitute venues that are granted territorial authority consent are subject to the following additional conditions:

 

(a)        Only one sign may make reference to the existence of Class 4 gambling, and may be visible from the street or other public space, this sign shall not mimic or replicate the operation of gaming machines.

 

(b)        No other sign shall promote or identify the existence on site, of gaming machines.

 

(c)        Advertising signs and activities within the building associated with the operation of gaming machines shall not be visible from beyond the property boundary.

 

(d)        The operation of gaming machines shall not be audible from beyond the venue property boundary:

 

7.         Encouraging Responsible Gambling Practices

 

            •           Two of the stated purposes of the Gambling Act 2003 are to “prevent and minimise the harm caused by gambling, including problem gambling’’ and to “facilitate responsible gambling”.

 

            •           Enforcement and monitoring of gambling venues is the responsibility of the Department of Internal Affairs.

 

            •           Regulations made under the Gambling Act 2003 set out:

 

                        -           What constitutes an unsuitable venue.

                        -           Requirements and restrictions regarding gambling machines.

                        -           Requirements of venues to provide information about problem gambling.

                        -           Requirements of venues to provide problem gambling awareness training to staff.

 

            •           A Council consent for a venue is not revocable once issued and cannot lapse or expire unless there is a period of six months or more where a Class 4 licence is not held for the venue. 

                        Further, Council has no retrospective powers with regards to any consented venues and cannot impose conditions subsequently on any venue which has an existing licence.

 

            •           The Council is supportive in general of initiatives and actions that would help to ensure there is a balanced gambling environment in the city where potential harm is managed effectively, and where those who wish to gamble can do so safely.  In this regard, Council encourages responsible gambling practices as outlined in Appendix 1.

 

            •           Where Council has concerns about the operation of existing gambling venues these will be reported to DIA.  Council inspectors do not have enforcement powers over venues in terms of their gambling activities.

 

            •           The provision of information by the venues about problem gambling is required under the regulations and is a key way of promoting responsible gambling.  Where Council has concerns about a venue in this regard, it will be reported to DIA.

 

8.         APPLICATIONS FOR CONSENT

 

            (a)        All applications will incur a fee which will be prescribed by the Council pursuant to Section 150 of the Local Government Act 2002.

 

            (b)        Council will publicly notify applications for Class 4 Gambling Venues and allow for public submissions to be lodged.

 

            (c)        Applications for consent by the Council must be made to the Council on the prescribed form and include:

 

                        •           Name and contact details of the applicant.

                        •           Names of venue management staff.

                        •           Street address of premises being relocated and new proposed address.

                        •           Fees.

                        •           Details of design and layout shall be provided to demonstrate how the venue will comply with Clause 6.

                        •           Any other information that may reasonably be required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices.

 

            (d)        The decision will be made at Officer level pursuant to delegated authority and based on the criteria detailed in this Policy, except where any matter of opposition is raised in a public submission, in which case the application will be heard and determined by Council.

 

9.         COMMENCEMENT OF POLICY

 

            This Policy has been adopted by Council following the special consultative procedure prescribed by the Local Government Act 2002.

 

          This Policy is effective from 18 May 2013.

10.     REVIEW OF POLICY

 

The Council will review its Gambling Venues Policy within three years from the date on which this policy comes into effect.

 


Council

07 September 2016

 

 

ENCOURAGING RESPONSIBLE GAMBLING PRACTICES Best Practice

Supporting Action

Host Responsibility and Harm Minimisation Policy

The applicant has in place a Host Responsibility and Harm Minimisation Policy.

The programme conforms to best practice as set out by national guidelines or standards should these become available.

Location of gaming machines

Electronic gaming machines sites should be located so that:

•      The facility is ancillary to a principal business and is not the primary purpose of the site.

•      The facility is separate from the area of the principal business so that the legal age limit of 18 can be observed and enforced.

Staff training programme or activities

The applicant demonstrates that staff and management are familiar with its Host Responsibility and Harm Minimisation Policy.

The programme provides information on:

•      The potential effects of gambling on customers.

•      The identification of problem gambling traits.

•      The processes for approach, intervention and follow up for patrons with suspected problem gambling.

•      Identification practices for patrons appearing under 25 and actions to be followed.

•      Systems in place to support self barring.

•      Recognition of intoxicated patrons and steps to be followed to prevent intoxicated patrons from gambling.

•      Systems to be followed if children are left unattended in premises or nearby premises.

Policy on under age access to gambling machines

The licensee must ensure that appropriate signage is in place indicating age restrictions so that this is visible at every gambling machine and at the point(s) of entry into the gambling area.

Policy on identification checks for patrons appearing under 25.

Staff training on identification of patrons appearing under 25 and actions to be followed.

Provision of problem gambling information

The licensee must ensure that patrons have access to appropriate information on problem gambling and problem gambling help services.

Gambling help line phone number information is placed on or near all gambling machines.

Additional material on problem gambling and help services displayed in at least one other area within the premises, situated near to gambling machines.

Clocks are visible in premises

The licensee ensures that clocks are visible from gambling machines.

There is good visibility where gambling machines are located

Natural or artificial light illuminates the area where gambling machines are located at all times when machine are in operation.

 


Council

07 September 2016

 

POLICY:                                             TAB VENUE POLICY

 

 

GROUP RESPONSIBLE:                 Regulatory Services

 

 

DATE APPROVED:                          18 March 2004

 

 

DATE AMENDED:                            31 January 2007, 24 February 2010, 15 May 2013

(Note - the Gambling and TAB Venue Policy was split into two separate policies at the February 2010 Council meeting).

 

 

FILE NO:                                            140/20/1/4   140/20/1/16

 

 

POLICY DETAIL:

 

 

OBJECTIVES

 

1.         To minimise the harm that could be caused by gambling, including problem gambling.

 

2.         To facilitate community involvement in decisions about the provision of gambling.

 

POLICY

 

3.         Council does not have any additional requirements to regulate the operation or location of TAB venues, other than those contained in the District Plan under the Resource Management Act 1991.

 

COMMENCEMENT OF POLICY

 

5.         This Policy has been adopted by Council following the special consultative procedure prescribed by the Local Government Act 2002.

 

6.         This Policy is effective from 18 May 2013.

 

 

REVIEW OF POLICY

 

This Policy shall be reviewed three yearly from the date of commencement.

 


Council

7 September 2016

sdclogo

 

Draft Ashton Flats Roading Bylaw 2016

Record No:        R/16/7/11213

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        This report presents a summary and analysis of submissions received on the draft Ashton Flats Bylaw 2016 and recommends that Council adopt the attached draft Ashton Flats Roading Bylaw 2016.

 

Executive Summary

2        Council proposed the draft Ashton Flats Bylaw 2016 to control activity on Ashton Flats road. The draft Ashton Flats Roading Bylaw 2016 was developed to protect the road and adjoining land and to protect the health and safety of the public. Council consulted on the draft Ashton Flats Roading Bylaw 2016 from 30 June 2016 to 30 July 2016.  Four submissions were received. Oral Hearings on the draft Bylaw where heard by Council at a meeting on Wednesday 17 August 2016.  Two people spoke to the meeting in support of their submissions on the draft Bylaw.

 

Recommendation

That the Council:

a)         Receives the report titled “Draft Ashton Flats Roading Bylaw 2016” dated 7 September 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)         Considers the submissions received (Attachment A) and made in relation to the draft Ashton Flats Roading Bylaw 2016 and as a result makes two corrections to numbering references in section 4.2 and 4.6

e)         Determines that it is satisfied that the Bylaw is within the scope of the specific bylaw-making powers outlined in Section 145 (a) and (b) of the Local Government Act 2002.

 

f)          Confirms and makes the Ashton Flats Roading Bylaw 2016 with any amendments as it sees fit - Attachment B.

g)         Resolves in accordance with Section 157 of the Local Government Act 2002 that public notice be given of the making of the Bylaw advising:

(i)      That the Bylaw will come into force on 1 October 2016.

(ii)     That copies of the Bylaw may be inspected without fee at all Southland District Council offices.

 

Content

Background

3        Council released the draft Ashton Flats Roading Bylaw 2016 for public consultation on 30 June 2016. The proposed bylaw controls access to and use of Ashton Flats road, which is administered by the Council.

4        Ashton Flats road is unfenced and access is currently controlled by a locked barrier.  This barrier was installed by the Department of Conservation (DOC) at a time when it was thought that the land was all administered by DOC.  DOC allowed vehicles through the barrier on a permit basis subject to meeting their criteria.  Only a small number of four wheel drive vehicles passed along the road each year.

5        However, since this time it has been established that Ashton Flats road is a legal road under the control of the Southland District Council. Since there is likely to be greater demand for vehicles to use the road in future, it is timely that Council regulate access.

Issues

6        Greater use of Ashton Flats road has the potential to cause environmental damage on the road and on the adjacent DOC administered land.  There is also potential for conflict between users of the road.

Factors to Consider

Legal and Statutory Requirements

7        Section 145 of the Local Government Act 2002 states that:

A territorial authority may make bylaws for its district for 1 or more of the following purposes:

(a)  protecting the public from nuisance,

(b)  protecting, promoting, and maintaining public health and safety,

(c)  minimising the potential for offensive behaviour in public places.

 

8        The draft bylaw meets these conditions because it is intended to protect, promote, and maintain public health and safety.

9        Council has complied with Section 155 of the Local Government Act (2001) as it has considered whether a bylaw is the most appropriate way of addressing the perceived problem and whether the proposed Bylaw is the most appropriate form of bylaw. The Council has developed the draft bylaw to be flexible and has not identified any implications under the New Zealand Bill of Rights Act 1990.

Community Views

10      Council received four submissions on the draft Ashton Flats Roading Bylaw 2016. The submissions opposed the draft Bylaw.

11      One submission considered from Fish and Game opposed the draft bylaw because they believe it is inappropriate to propose regulation prior to the released of the Environment Court hearing decision with respect to the Around the Mountains Cycle Way. However, while approval of the Around the Mountains Cycle Way route may increase the number of users on the Ashton Flats road, it is not the primary reason for proposing the Bylaw. The primary reason for the proposed bylaw relates to Council having identified that the road is administered by Southland District Council and not the Department of Conservation (DOC). Regardless of the outcome of the Environment Court hearing, Council is seeking to regulate the use of Ashton Flats road to protect all users. Fish and Game state that a more appropriate way to do this would be to divest the road to DOC and request that the draft bylaw is withdrawn until the outcome of the Environment Court Hearing is released. Concern around the timing of the release of the draft bylaw is also expressed by another submitter.

12      Submissions from Blair Hamilton and Garry Short also express concerns regarding a lack of clarity regarding the process of administration for access and the potential for charges for access to the road.

13      Wyndham Angling Club [Inc] also expressed concern about a potential charge for use. Their submission also contended that Southland District Council had underestimated the current usage of this road.  They also noted to numbering reference errors in the draft bylaw.  These have been corrected.

Costs and Funding

14      Any fees associated with the adoption of the draft Ashton Flats Roading Bylaw 2016 would need to be set through the Annual Plan process.

Policy Implications

15      There are no policy implications arising from the draft Ashton Flats Roading Bylaw 2016.

Analysis

Options Considered

16      In developing the draft Ashton Flats Roading Bylaw 2016, Council considered the Council considered the following options:

(a)  Control access to Ashton Flats road through a bylaw;

(b)  Not control access to the road.

 

Analysis of Options

Option 1 – Control access to Ashton Flats road through a bylaw

Advantages

Disadvantages

·        The number and type of vehicles using the road can be controlled

·        Information on specific users will be known

·        Damage to the road environment can be controlled

·        The public does not have free uninterrupted access to the road

 

Option 2 – Not control access to the road

Advantages

Disadvantages

·        The public would have free uninterrupted vehicle access to the road

·        The gate/barrier could not legally remain in place.

·        There would be no control over the number and type of vehicle using the road.

·        Unlimited numbers of users could access the DOC estate directly off the road.

 

Assessment of Significance

17      The draft Ashton Flats Roading Bylaw 2016 is not assessed as significant. Council has undertaken consultation in consideration of Section 156 of the Local Government Act 2002. Since the draft Ashton Flats Roading Bylaw 2016 is not significant, Council has undertaken consultation to meet the requirements of Section 82 of the Local Government Act 2002.

Recommended Option

18      It is recommended that Council consider submissions received on the draft Ashton Flats Roading Bylaw 2016, makes any amendments required and adopts the bylaw.

Next Steps

19      If Council adopts the draft Ashton Flats Roading Bylaw 2016 it would come into effect on 1 October 2016.

 

Attachments

a         Submissions Booklet

b         DRAFT Ashton Flats Roading Bylaw 2016    

 


Council

07 September 2016

 


 


 


 


 


 


Council

07 September 2016

 

SOUTHLAND DISTRICT COUNCIL

 

ASHTON FLATS ROADING BYLAW 2016

 

 

Pursuant to the Land Transport Act 1998 the Council makes the following bylaw:

 

 

1.         TITLE AND COMMENCEMENT

 

1.1       This Bylaw is the Ashton Flats Roading Bylaw 2016 and comes into force on 1 October 2016.

 

 

2.         DEFINITIONS

 

2.1     The Act means the Land Transport Act 1998.

 

            Council means the Southland District Council and any authorised officer of it.

 

            Motor Vehicle has the same meaning as in section 2(1) of the Act.

 

            Road means the legal road known as the Ashton Flats Road owned and managed by the Council and identified and described in the Schedule to this bylaw.

 

 

3.         PURPOSE

 

3.1       The purpose of this bylaw is to:

 

3.1.1    Protect the Road from damage by the uncontrolled use of motor vehicles.

 

3.1.2    Restrict vehicles which are unsuitable from using the Road.

 

3.1.3    Enhance and promote road safety and the safety of users of the Road.

 

3.1.4    Protect and maintain the natural and wildlife values and habitats in the vicinity of the Road.

 

3.1.5    Prohibit the use of motor vehicles on the Road except in accordance with the written authority of the Council.

 

 

4.         USE OF ROAD

 

4.1     Subject to clause 4.2, no person may drive or otherwise use a motor vehicle on the         Road.

 

4.2     Clause 54.1 does not apply to:

 

4.2.1    an employee or contractor of the Council or Department of Conservation undertaking work on the Road or on land in the vicinity of the Road.

4.2.2    any person driving a vehicle for the purposes of providing emergency services.

4.2.3    any other person who has written approval from the Council to do so, and who is acting in accordance with any conditions of that approval imposed by the Council.

 

APPROVAL TO USE MOTOR VEHICLE ON ROAD

 

4.3       The Council may in its discretion grant approval to any person to drive or otherwise use a motor vehicle on the Road, and may impose conditions of such approval.

 

4.4       In deciding whether to grant approval under clause 5.1, and what, if any, conditions to impose, the Council shall take into account the purpose of this bylaw and any other matters it considers relevant in the circumstances.

 

4.5       The Council may require applications for approval to be made in a prescribed manner or form, and to be accompanied by payment of any application and/or processing fee and such supporting information as is reasonably necessary to enable the application to be processed and determined.

 

4.6       The Council is not required to process or determine any application which is not made in accordance with clause 65.34.3. 

 

 

5.         OFFENCES AND PENALTIES

 

5.1       Any person who breaches this Bylaw commits an offence and is liable to a fine not exceeding $750.

 

 

6.         SCHEDULES

 

The unnamed road line intersecting Section 2, SO 12084, as delineated on the on sheet 1 from SO 12084).

 

 

 

 

 

 

The common seal of the Southland District Council

was affixed in the presence of:

 

 

 

MAYOR:

 

 

 

 

 

CHIEF EXECUTIVE:

 

 

 

 


 


Council

7 September 2016

sdclogo

 

Drafts Signs and Objects on Roads and Footpaths Bylaw 2016

Record No:        R/16/8/13817

Author:                 Jenny Green, Senior Resource Management Planner - Consents

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1       To recommend that Council adopt the draft Signs and Objects on Roads and Footpaths Bylaw with amendments made to reflect submissions. 

Executive Summary

2        Council proposed the draft Signs and Objects on Roads and Footpaths Bylaw 2016 to replace the current Control of Advertising Signs Bylaw 2008 and achieve better alignment with the Southland District Plan. 

3        The draft Bylaw sets out standard criteria for the placement of signs and objects on roads and footpaths and proposes a permit system.  Council consulted on the draft Signs and Objects on Roads and Footpaths 2016 from 30 June 2016 to 30 July 2016.  The submissions recommend Council adopts the Bylaw with a number of amendments which are discussed in this report. 

 

Recommendation

That the Council:

a)         Receives the report titled “Drafts Signs and Objects on Roads and Footpaths Bylaw 2016” dated 31 August 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 it is satisfied that:

(i)         The Bylaw is within the scope of the specific bylaw-making powers outlined in Section 145 (a) and (b) of the Local Government Act 2002.

e)         Confirms the content of Attachment B “Submissions Booklet” that summarises the submissions on the proposed Signs and Objects on Roads and Footpaths Bylaw 2016. 

f)          Confirms and makes the Signs and Objects on Roads and Footpaths Bylaw 2016 with any amendments as it sees fit - Attachment C.  

g)         Resolves in accordance with Section 157 of the Local Government Act 2002 that public notice be given of the making of the Bylaw advising:

(i)         That the Bylaw will come into force on 1 July 2017.

(ii)        That copies of the Bylaw may be inspected without fee at all Council offices.

 

 

Content

Background

4        Council released the draft Signs and Objects on Roads and Footpaths Bylaw 2016 for public consultation on 30 June 2016.  The proposed Bylaw would replace the Control of Advertising Signs Bylaw 2008 and was drafted to mitigate potential for nuisance and risk to public health and safety and achieve better alignment with the Southland District Plan.  The proposed bylaw would have a broader scope than the Control of Advertising Signs Bylaw 2008 because it is not restricted only to advertising signs.  The draft Bylaw was developed with the intention of creating a simpler and more efficient way to obtain Council approval to placing a sign or object on a road or footpath. 

5        Two submissions were received on the proposed Signs and Objects on Roads and Footpaths Bylaw 2016 that was released for public consultation.  One was from a member of the public and one was a staff submission.

6        The draft Signs and Objects on Roads and Footpaths Bylaw 2016 that was released for public consultation and a revised draft Signs and Objects on Roads and Footpaths Bylaw 2016 for adoption are attached to this report. 

Issues

7        The draft Bylaw would address the placement of signs and other objects in the road reserve, for example sandwich boards on footpaths.  Signs on private land would be covered in the District Plan.

8        The draft Bylaw does not address signage content.  This is regulated by the Advertising Standards Authority for advertising signs or by the police for other forms of signs. 

9        The key amendments suggested in submissions were:

·                      That the total number of signs allowed without requiring a permit is increased from one (as proposed in the draft Bylaw released for consultation) to two signs.  This amendment would recognise that a number of businesses already have two signs that have not created significant safety or obstruction issues to date. 

·                      That objects do not require a permit but do need to meet standard criteria, as outlined in the draft Bylaw.  This would prevent the need to over-regulate items placed on footpaths as part of the business amenity such as a planter-box or topiary.  It would however, allow Council to address objects placed on roads and footpaths that are causing an obstruction, hazard or safety issue.  If objects did not meet standard criteria they would still be able to be removed under the provisions of the Bylaw.

·                      That a provision be included in the Bylaw to recover the cost of compliance monitoring.  As permits are intended to be granted on a one-off / ongoing basis, to the relevant premises and applicant, there may be future costs involved in compliance monitoring that would not be covered by the initial permit cost.  A provision to recover the cost of compliance monitoring in the Bylaw would mean that Council could recover the costs of compliance monitoring where a complaint is received and is upheld.  Parties in breach of the Bylaw would be liable for costs incurred in relation to upheld complaints.  Where a complaint is not upheld, no costs would be recovered. 

·                      That the Bylaw would come into force on 1 July 2017 to allow for consultation regarding the setting of associated fees to occur as part of the Annual Plan process.  This would allow for a thorough community engagement process in relation to fees to be undertaken.

·                      That clarification is provided regarding the number of allowable flag signs, the clearance height of flag signs, the definition of an object and when a permit would need to be produced for inspection. 

·                      That the time period for which a permit is granted is clarified, as is whether a permit is issued to an address or an individual. 

·                      Clarification of the definition of an object to exclude litter and other items temporarily placed on a road or footpath.  Officers have included a definition of objects in the revised draft Bylaw. 

·                      Clarification on the extent of liability to business owners in relation to damage caused.  Officers have clarified that the reference to damage relates solely to any damage caused directly by the sign(s). 

·                      The deletion of the requirement to keep the area free of litter at all times.  Officers concur and have deleted this provision in the revised draft Bylaw.

·                      Clarification on what conditions that could apply to a permit.  Officers have clarified standard conditions, but have retained the flexibility to respond to site specific constraints. 

·                      Clarification on whom the permits would be issued to and whether they are transferable.  Officers have clarified in the revised Bylaw that permits will be issued to the applicant and physical address.  It is not intended that permits are transferable.

 

Factors to Consider

Legal and Statutory Requirements

10     Section 145 of the Local Government Act 2002 states that:

A territorial authority may make bylaws for its district for one or more of the following purposes:

(a)        protecting the public from nuisance,

(b)        protecting, promoting, and maintaining public health and safety,

(c)        minimising the potential for offensive behaviour in public places.

11      The draft Bylaw meets these conditions because it is intended to protect the public from nuisance and to protect, promote, and maintain public health and safety.

12      Although the Control of Advertising Signs Bylaw 2008 is not legally required to be reviewed at this stage, a review is recommended to align the Bylaw with the District Plan.

13      Council has complied with Section 155 of the Local Government Act (2001) as it has considered whether a Bylaw is the most appropriate way of addressing the perceived problem and whether the proposed Bylaw is the most appropriate form of Bylaw.  The Council has developed and revised the draft Bylaw to be flexible and has not identified any implications under the New Zealand Bill of Rights Act 1990.

Community Views

14     Council received two submissions on the draft Signs and Objects on Roads and Footpaths Bylaw 2016.  A copy of submissions received is attached to this report. 

15      Both of the submissions supported the overall approach taken by Council in its draft Bylaw.  However both submissions suggested that some amendments to the draft Bylaw could improve clarity, flexibility and efficiency. 

16      A draft Bylaw which reflects amendments suggested in submissions is attached to this report, along with the Bylaw released for public consultation.

Costs and Funding

17      If the draft Bylaw is amended to increase the number of signs which do not require a permit from one sign to two signs, a significant amount of additional work is not expected.  It is also intended that a premises could apply for all additional signs in one permit.  This would limit the administrative burden and the cost to applicants.  Removing the requirement for a permit for objects would also reduce the cost to applicants and administrative burden to Council. 

18      A permit system would involve some costs for those people and businesses that currently have multiple signs placed on a road or footpath.  However, it is not intended that the cost of obtaining a permit will be high.  The cost of a permit would be set as part of the Annual Plan process, meaning that a Bylaw would come into force on 1 July 2017.

19      Enforcement would occur on an as required basis and would be conducted by Community Engineers, funded from local roading budgets and from cost recovery for compliance monitoring if officer suggestions result in amendments to the draft Bylaw. 

Policy Implications

20      It is intended that the Southland District Plan would be amended to remove any content that is duplicated or inconsistent with the Bylaw.  This would be incorporated with other variations to the Proposed District Plan and would likely occur within the next 12 months. 

Analysis

Options Considered

21      In developing the draft Signs and Objects on Roads and Footpaths Bylaw 2016, Council considered the following options:

a)         Retain the current Control of Advertising Signs Bylaw 2008;

b)         Revoke the Control of Advertising Signs Bylaw 2008 and have no Bylaw to regulate these issues;

c)         Use other, existing regulatory tools to address these issues; and

d)         Consult on the draft Signs and Objects on Roads and Footpaths Bylaw 2016.

22      Council could consider the following options:

·                      Adopt the draft Bylaw as released for public consultation;

·                      Adopt the draft Bylaw with suggested amendments from submissions;

·                      Not regulate the placement of signs and object on roads and footpaths; and

·                      Maintain the status quo, regulated by the Control of Advertising Signs Bylaw 2008.

 

Analysis of Options

Option 1 - Adopt the draft Bylaw as released for public consultation

Advantages

Disadvantages

·        The general approach has been supported by both submitters however; both submitters have also identified a number of key areas where improvements could be made. 

·        The proposal to require a permit for more than one sign and object per premises may be unnecessarily restrictive and may result in a high administrative and compliance burden to Council. 

·        Controlling the placement of objects on footpaths through the use of a permit system may result in some objects which enhance visual amenity requiring a permit at a cost to their owners.  This may discourage the beautification of shop frontages in townships. 

 

·        Submitters have suggested several areas for clarification that would provide key improvements to the implementation of this Bylaw.

Option 2 - Adopt the draft Bylaw with suggested amendments from submissions

Advantages

Disadvantages

·        Officers have drafted a number of amendments to the draft Bylaw that was released for consultation.  These amendments take into consideration valid comments, questions and suggestions raised by Mr North.  They would also allow Council to be more flexible and pragmatic in its approach to the implementation of this Bylaw.

·        Officers have not identified considerable disadvantages to this approach.  However, it is recognised that there is a cost and resource demand associated with a permit system.  Officers have endeavoured to develop the proposed system as a simple and reasonably priced alternative to a resource consent.  Currently, a resource consent is required for any more than one sign placed on a road or footpath.

Option 3 - Not regulate the placement of signs and object on roads and footpaths

Advantages

Disadvantages

·        This approach may be preferred by business owners but it would rely on all people placing signs on roads and footpaths to consider all other users at all times.  In reality, this may not happen.

·        Not regulating the placement of signs and objects on roads and footpaths allows for public safety issues to occur.  There may also be unregulated hazards and obstructions to all users.  A lack of regulation is likely to affect disabled persons (particularly wheelchair users) and those using prams and trolleys.

Option 4 - Maintain the status quo, regulated by the Control of Advertising Signs Bylaw 2008

Advantages

Disadvantages

·        The current Bylaw is not due for legislative review until 2018.  However, the new District Plan has prompted a review of the Bylaw to ensure alignment. 

·        The current Bylaw relates specifically to advertising signs.  The proposed Bylaw is intended to address signs and objects not on private property and would address all signs, rather than only advertising signs.

Assessment of Significance

23      The draft Signs and Objects on Roads and Footpaths Bylaw 2016 is not assessed as significant.  Since the draft Signs and Objects on Roads and Footpaths Bylaw 2016 is not significant, Council has undertaken consultation to meet the requirements of Section 82 of the Local Government Act 2002.

Recommended Option

24     It is recommended that Council adopt the revised draft Signs and Objects on Roads and Footpaths Bylaw 2016 (attached to this report) with any minor amendments required (Option 2).

Next Steps

25      If Council adopts the revised draft Signs and Objects on Roads and Footpaths Bylaw 2016 it would come into effect on 1 July 2017, following the setting of fees through the Annual Plan public consultation process.

 

Attachments

a         Consultation Copy - Draft Signs and Objects on Roads and Footpaths Bylaw 

b         Submissions Booklet - Signs and Objects on Roads and Footpaths Bylaw 2016

c         Revised Draft Signs and Objects on Roads and Footpaths Bylaw 2016 Comments from Submitters integrated    

 


Council

07 September 2016

 

Pursuant to Section 145 Local Government Act 2002 the Southland District Council makes this Bylaw:

 

SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND

FOOTPATHS BYLAW 2016

 

 

CONTENTS

 

1          TITLE.. 1

2          PURPOSE.. 1

3          COMMENCEMENT AND APPLICATION.. 1

4          REPEAL. 2

5          INTERPRETATION.. 3

6          GENERAL CONTROL OF SIGNS.. 4

7          SIGNS AND FLAGS ON FOOTPATHS.. 4

8          GENERAL CONTROL OF OBJECTS ON FOOTPATHS.. 5

9          STANDARD CONDITIONS FOR PERMITS.. 6

10        FEES AND CHARGES.. 7

11        DELEGATIONS.. 7

12        PERMITS.. 8

13        OFFENCES AND PENALTIES.. 8

 

PART 1

PRELIMINARY PROVISIONS

 

 

1          TITLE

 

1.1       The title of this Bylaw is “THE SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND FOOTPATHS BYLAW 2016”. 

 

 

2          PURPOSE

 

2.1       This Bylaw is made for the purposes of:

a)         Protecting the public from nuisance. 

b)         Protecting, promoting, and maintaining public health and safety. 

c)         Regulating, controlling, or prohibiting the placement of signs or objects on roads and footpaths.

 

 

3          COMMENCEMENT AND APPLICATION

 

3.1       This Bylaw will come into force on {date to be determined}.

 

3.2       This Bylaw applies to all Roads under the control of the Southland District Council.  This includes footpaths and berms.

 

3.3       This Bylaw does not regulate the placement of signs or objects in parks, reserves or open spaces owned or controlled by Southland District Council. 

 

3.4       Signs and objects on private land are regulated under the Southland District Plan, and not this Bylaw.

 

 

4          REPEAL

 

4.1       The Southland District Council Control of Advertising Signs Bylaw 2008 is repealed at midnight {date to be determined}.

 

 

5          INTERPRETATION

 

5.1       In this Bylaw:

Advertising

means using words or any pictorial or other representation to notify the availability of or to promote the sale of an object, a product, a service or business. 

Authorised Officer

means a person appointed or authorised by the Council to act on its behalf in relation to this Bylaw. 

Council

means the Southland District Council.

District Plan

means the operative Southland District Plan. 

Display

means place, erect, construct or fix.

Flag Sign

means a flag with advertising.

Footpath

means that portion of any road laid out or constructed for the use of pedestrians and includes the edging and kerbing and includes any footbridge. 

Footpath Sign

means a sign containing advertising displayed on a footpath but does not include a flag sign

Pedestrian

A person travelling on foot, in a wheelchair or a mobility scooter or using a buggy, pushchair or perambulator. 

Permit

means any approval or consent required or given by the Council under this Bylaw.

Road

means the whole of any land which is within a district, and which—

(a)    immediately before the commencement of this Part was a road or street or public highway; or

(b)    immediately before the inclusion of any area in the district was a public highway within that area; or

(c)    is laid out by the Council as a road or street after the commencement of this Part; or

(d)    is vested in the Council for the purpose of a road as shown on a deposited survey plan; or

(e)    is vested in the Council as a road or street pursuant to any other enactment;—

and includes—

(f)     except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:

(g)    every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989

Sign

means words or any pictorial or other representation or notice on any material or object.  This does not include any illuminated sign, which will be assessed under the provisions of the District Plan.

Temporary Sign

means a sign that is portable and not fixed to land or buildings. 

 

5.2       Any term not defined in this bylaw but which is defined in the Local Government Act 2002 shall have the meaning given to it by the Act.

 

 


 

PART 2

CONTROL OF SIGNS

 

 

6          GENERAL CONTROL OF SIGNS

 

6.1       No person may display a sign on a Road or Footpath without a Permit from the Council, unless:

a)         The display of the Sign is authorised by this Bylaw; or

b)         It is a Temporary Sign associated with a cultural, social, sporting or educational activity and is removed after the activity ceases.

 

6.2              No person may display a Sign in a location or manner that impedes the safe and efficient flow of pedestrian or vehicular traffic on a Footpath or Road. 

 

 

7          SIGNS AND FLAGS ON FOOTPATHS

 

7.1       To be authorised under this Bylaw a Sign must comply with all of the following:

a)         A Footpath Sign is only authorised if it complies with the following specifications:

Minimum height

0.5 metres

Maximum height

1.0 metres

Maximum width

0.6 metres

Maximum base spread

0.6 metres

 

b)         A Flag Sign on a Footpath is only authorised if it complies with the following specifications:

Maximum height

3.0 metres

Maximum width

0.9 metres

Maximum base spread

0.6 metres

Minimum clearance height to the footpath

2.1 metres

 

c)         A Footpath Sign or Flag Sign on a Footpath must:

(i)         Advertise a business or relate to the business activity; and

(ii) The Sign is located adjacent to the business to which it relates; and

(iii)       The Sign is removed when the business is not open to the public; and

(iv)       There is not more than one Footpath Sign or Flag Sign for the business; and

(v)        There is a minimum width of Footpath free of objects adjacent to the Footpath Sign or Flag Sign of 1.5 metres; and

(vi)       The Footpath Sign or Flag Sign is placed immediately adjacent to the Footpath kerb; and

(vii)      The Footpath Sign or Flag Sign does not protrude onto the vehicle carriageway of a road.

(viii)     The Footpath Sign does not alone or with other Footpath Signs unreasonably impede safe and efficient pedestrian flow.

 

d)         A Flag Sign fixed to a building must:

(i) Relate to a business in that building; and

(ii)        The maximum height of the Flag Sign does not exceed 3 metres above the ground; and

(iii)       The Flag Sign does not protrude onto the vehicle carriageway of a road; and

(iv)       The Flag Sign does not protrude into any Footpath more than 0.6 metres.

 

 

PART 3

OBJECTS ON FOOTPATHS

 

 

8          GENERAL CONTROL OF OBJECTS ON FOOTPATHS

 

8.1       Other than Signs permitted by this Bylaw no person may place any other objects on a Footpath or Road without a permit from the Council.

 

8.2       If the Council issues a permit to a person to leave objects on a Footpath or a Road then the permit holder must comply with all conditions on the Permit. 

 

 

PART 4

STANDARD CONDITIONS FOR PERMITS

 

 

9          STANDARD CONDITIONS FOR PERMITS

 

9.1       All Permits

9.1.1    Permits are issued under the Southland District Council Signs and Objects on Roads and Footpaths Bylaw 2016.

9.1.2    The permit holder must present the permit if requested by any officer of the Southland District Council.

9.1.3    The permit may be reviewed by the Council at any time and may be revoked on 48 hours written notice or earlier if necessary to prevent harm to any person or damage to any private or public property.

9.1.4    The permit is only valid if all applicable fees have been paid and funds have cleared.

9.1.5    Signs or objects must be placed on the footpath outside the premises to which they relate.

9.1.6    Signs or objects must not be placed outside adjoining premises without written permission from the adjoining premises.

9.1.7    Generally, signs or objects should be placed on the footpath only when the premises to which they relate are open to the public.

9.1.8    Pedestrians using the footpath must not be impeded by the signs or objects placed on the footpath.

9.1.9    Signs or objects placed on the footpath must be placed to ensure a minimum 1.2 metres continuous, straight-line width of the footpath remains clear for pedestrian access.

 

9.2       Displaying a sign in a public place

9.2.1    The sign must correspond with the specifications and description in the permit application, including but not limited to the construction and dimensions of the sign.

9.2.2    Any sign, including any structure attached to the sign, must be maintained in good repair.  If it is damaged for any reason it must be removed, repaired or replaced within 24 hours of sustaining damage, if there is a safety issue otherwise within 72 hours.

9.2.3    The sign must be removed by the date stated in the permit.  If no date is stated, then the permit is deemed to terminate within 21 days of the date the permit was issued.

9.2.4    The permit holder is responsible for any damage to the public place or any other property of the Southland District Council caused by the sign, the permit holder, the permit holder’s contractors or the permit holder’s employees.

 

9.3       Placing objects on or use of the footpath

9.3.1    Objects other than tables and chairs may not occupy more than one quarter of the footpath width or 0.6 metres, whichever is the lesser.

9.3.2    Objects including but not limited to umbrellas, canopies or shades must be secured in such a way that they will not fall or be blown over.

9.3.3    The lower edge of the canopy of any umbrella or shade must be at least 2.1 metres above the footpath.

9.3.4    Access to fire exits, fire hydrants, shop doorways, parking meters, rubbish receptacles, street furniture and bicycle stands must be kept clear at all times.

9.3.5    All braziers or heating devices must be securely fixed so as to not fall over.

9.3.6    A brazier or heating device must not present a danger to any pedestrian or building.

9.3.7    The permit holder must keep the footpath area where objects are placed clean from litter at all times.

 


 

PART 5

ADMINISTRATION

 

 

10        FEES AND CHARGES

 

10.1     The Council may set fees and charges for any Permit granted under the Bylaw.  Fees will be set each year in the Council's Annual Plan. 

 

 

11        DELEGATIONS

 

11.1     The Chief Executive may appoint Authorised Officers of Southland District Council. 

11.2     The Chief Executive and Authorised Officers may exercise any power, function or duty under this Bylaw or carry out any act in order to achieve its effective administration including:

a)         Process, grant or refuse permits;

b)         Specify the conditions that apply to a permit;

c)         Specify forms and procedures for the effective administration of the Bylaw;

d)         Make any decision or determination required in this Bylaw in order to administer it;

e)         Make any decisions regarding suspension, withdrawal or removal of a Permit;

f)          Remove, store or dispose of Signs or objects in breach of this Bylaw;

g)         Determine the costs of the removal, storage or disposal of Signs or objects in breach of this Bylaw; and

 

 

12        PERMITS

 

12.1     Where an activity under this Bylaw requires a permit from the Council, the person seeking a permit must:

a)         Complete the required application form;

b)         Pay the applicable fee; and

c)         Comply with the conditions of that Permit.

 

12.2     The Council may grant a Permit for any activity that would otherwise contravene this Bylaw.

 

12.3     A Permit is personal to the applicant and is not transferable.

 

12.4     An Authorised Officer may revoke or suspend any Permit issued under this Bylaw at any time, or suspend for such periods of time, on such terms and conditions as the Authorised Officer may consider appropriate in the event the Permit issued is breached, or to protect Council property, public health and safety or to minimise nuisance.

PART 6

ENFORCEMENT

 

 

13        OFFENCES AND PENALTIES

 

13.1     Every Person or Permit holder who:

a)         Fails to comply with any provision of this Bylaw; or

b)         Breaches the conditions of any permit granted pursuant to this Bylaw

commits an offence under Section 239 of the LGA 2002 and is liable to a fine as specified in Section 242 of the LGA 2002.

 

13.2     The Council may issue infringement notices, in such forms and for such amounts as are authorised in any regulations made under Section 259 of the LGA 2002.

 

13.3     In accordance with Section 163 of the Act, Council may remove or alter any sign or other work or thing that is or has been constructed in breach of this Bylaw. 

 

13.4     Council may recover the cost of removing or altering the Sign or other work or thing that is in breach of this Bylaw from the person who committed the breach.  Payment of this cost does not relieve the person of liability for the breach of this Bylaw.

 

13.5     In accordance with Sections 164 and 165 of the Act, Council may seize and impound property if it is used in breach of this Bylaw.

 

13.6     In accordance with Sections 167 and 168 of the Act, Council may return or dispose of property seized and impounded.  The person in breach of this Bylaw is responsible for any costs associated with disposal of seized property. 

 


Council

07 September 2016

 


 


 


 


 


Council

07 September 2016

 

Pursuant to Section 145 Local Government Act 2002 the Southland District Council makes this Bylaw:

 

SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND

FOOTPATHS BYLAW 2016

 

 

CONTENTS

 

1             TITLE.. 1

2             PURPOSE.. 1

3             COMMENCEMENT AND APPLICATION.. 2

4             REPEAL. 2

5             INTERPRETATION.. 2

6             GENERAL CONTROL OF SIGNS.. 4

7             SIGNS AND FLAGS ON FOOTPATHS.. 4

8             GENERAL CONTROL OF OBJECTS ON ROADS AND FOOTPATHS.. 5

9             LOCATION OF SIGNS AND OBJECTS.. 5

10           FEES AND CHARGES.. 6

11           DELEGATIONS.. 7

12           PERMITS.. 7

13           OFFENCES AND PENALTIES.. 8

14           COMPLIANCE MONITORING.. 8

 

PART 1

PRELIMINARY PROVISIONS

 

 

1          TITLE

 

1.1       The title of this Bylaw is “THE SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND FOOTPATHS BYLAW 2016”. 

 

 

2          PURPOSE

 

2.1       This Bylaw is made for the purposes of:

a)         Protecting the public from nuisance. 

b)         Protecting, promoting, and maintaining public health and safety. 

c)         Regulating, controlling, or prohibiting the placement of signs or objects on roads and footpaths.

 

 


 

3          COMMENCEMENT AND APPLICATION

 

3.1       This Bylaw will come into force on 1 July 2017.

 

3.2       This Bylaw applies to all Roads under the control of the Southland District Council.  This includes footpaths and berms.

 

3.3       This Bylaw does not regulate the placement of signs or objects in parks, reserves or open spaces owned or controlled by Southland District Council. 

 

3.4       Signs and objects on private land are regulated under the Southland District Plan, and not this Bylaw.

 

 

4          REPEAL

 

4.1       The Southland District Council Control of Advertising Signs Bylaw 2008 is repealed at midnight 1 July 2017.

 

 

5          INTERPRETATION

 

5.1       In this Bylaw:

Advertising

means using words or any pictorial or other representation to notify the availability of or to promote the sale of an object, a product, a service or business. 

Authorised Officer

means a person appointed or authorised by the Council to act on its behalf in relation to this Bylaw. 

Council

means the Southland District Council.

District Plan

means the operative Southland District Plan. 

Display

means place, erect, construct or fix.

Flag Sign

means a flag with advertising.

Footpath

means that portion of any road laid out or constructed for the use of pedestrians and includes the edging and kerbing and includes any footbridge. 

Footpath Sign

means a sign containing advertising displayed on a footpath but does not include a flag sign

Object

Includes any item other than a sign displayed on a road or footpath by the occupier of a premises. It includes planter boxes, topiaries and items displayed for sale but does not include furniture placed on roads and footpaths for the purposes of alfresco dining. 

Pedestrian

A person travelling on foot, in a wheelchair or a mobility scooter or using a buggy, pushchair or perambulator. 

Permit

means any approval or consent required or given by the Council under this Bylaw.

Road

means the whole of any land which is within a district, and which—

(a)    immediately before the commencement of this Part was a road or street or public highway; or

(b)    immediately before the inclusion of any area in the district was a public highway within that area; or

(c)    is laid out by the Council as a road or street after the commencement of this Part; or

(d)    is vested in the Council for the purpose of a road as shown on a deposited survey plan; or

(e)    is vested in the Council as a road or street pursuant to any other enactment;—

and includes—

(f)     except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:

(g)    every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989

Sign

means words or any pictorial or other representation or notice on any material or object.  This does not include any illuminated sign, which will be assessed under the provisions of the District Plan.

Temporary Sign

means a sign that is portable and not fixed to land or buildings. 

 

5.2       Any term not defined in this bylaw but which is defined in the Local Government Act 2002 shall have the meaning given to it by the Act.

 

 


 

PART 2

CONTROL OF SIGNS

 

 

6          GENERAL CONTROL OF SIGNS

 

6.1       This Bylaw allows for the placement of two signs on a road or footpath without a permit if signs meet the conditions contained in Part 4 of this Bylaw.

 

6.2       No person may display a sign on a Road or Footpath without a Permit from the Council, unless:

a)         The display of the Sign is authorised by this Bylaw; or

b)         It is a Temporary Sign associated with a cultural, social, sporting or educational activity and is removed after the activity ceases.

 

6.3       No person may display a Sign in a location or manner that impedes the safe and efficient flow of pedestrian or vehicular traffic on a Footpath or Road.

 

 

7          SIGNS AND FLAGS ON FOOTPATHS

 

7.1       To be authorised under this Bylaw a Sign must comply with all of the following:

a)         A Footpath Sign is only authorised if it complies with the following specifications:

Minimum height

0.5 metres

Maximum height

1.0 metres

Maximum width

0.6 metres

Maximum base spread

0.6 metres

 

b)         A Flag Sign on a Footpath is only authorised if it complies with the following specifications:

Maximum height

3.0 metres

Maximum width

0.9 metres

Maximum base spread

0.6 metres

Minimum clearance height to the footpath

2.1 metres

 

c)         A Footpath Sign or Flag Sign on a Footpath must:

(i)         Advertise a business or relate to the business activity; and

(ii) The Sign is located adjacent to the business to which it relates; and

(iii)       The Sign is removed when the business is not open to the public; and

(iv)       There is not more than one Footpath Sign or Flag Sign for the business; and

(v)        There is a minimum width of Footpath free of objects adjacent to the Footpath Sign or Flag Sign of 1.5 metres; and

(vi)       The Footpath Sign or Flag Sign is placed immediately adjacent to the Footpath kerb; and

(vii)      The Footpath Sign or Flag Sign does not protrude onto the vehicle carriageway of a road.

(viii)     The Footpath Sign does not alone or with other Footpath Signs unreasonably impede safe and efficient pedestrian flow.

 

d)         A Flag Sign fixed to a building must:

(i) Relate to a business in that building; and

(ii)        The clearance height of the Flag Sign is a minimum of 2.1 metres above the ground; and

(iii)       The Flag Sign does not protrude onto the vehicle carriageway of a road; and

(iv)       The Flag Sign does not protrude into any Footpath more than 0.6 metres.

 

 

PART 3

OBJECTS ON ROADS AND FOOTPATHS

 

8          GENERAL CONTROL OF OBJECTS ON ROADS AND FOOTPATHS

 

8.1       Council does not require a permit for objects placed on roads or footpaths unless the standard conditions contained in Part 4 of this Bylaw cannot be met.

 

8.2       Other than Signs permitted by this Bylaw no person may place any other objects on a Footpath or Road without a permit from the Council.

 

8.3       If the Council issues a permit to a person to leave objects on a Footpath or a Road then the permit holder must comply with all conditions on the Permit. 

 

 

PART 4

STANDARD CONDITIONS FOR PERMITS

 

9          LOCATION OF SIGNS AND OBJECTS

 

9.1       Signs or objects must be placed on the footpath outside the premises to which they relate unless a permit allows them to be placed in another location.

 

9.1.1    Any application to place Signs or objects outside adjoining premises must have the  written permission from the adjoining premises.

9.2       Generally, signs or objects should be placed on the footpath only when the premises to which they relate are open to the public.

 

9.3       Pedestrians using the footpath must not be impeded by the signs or objects placed on the footpath.

 

9.4       Signs or objects placed on the footpath must be placed to ensure a minimum 1.2 metres continuous, straight-line width of the footpath remains clear for pedestrian access.

 

 

 

9.5       Displaying a sign in a public place

9.5.1    The sign must correspond with the specifications and description in the permit application, including but not limited to the construction and dimensions of the sign.

9.5.2    Any sign, including any structure attached to the sign, must be maintained in good repair.  If it is damaged for any reason it must be removed, repaired or replaced within 24 hours of sustaining damage, if there is a safety issue otherwise within 72 hours.

9.5.3    Permits are granted for an unlimited timeframe unless otherwise stated in the permit. The sign must be removed by the date stated in the permit.  If no date is stated, then the permit is deemed to terminate within 21 days of the date the permit was issued.

9.5.4    The permit holder is responsible for any damage to the public place or any other property of the Southland District Council caused by the sign, or the activities of the permit holder, the permit holder’s contractors or the permit holder’s employees in relation to the permitted sign.

 

9.6       Placing objects on or use of the footpath

9.6.1    Objects other than tables and chairs may not occupy more than one quarter of the footpath width or 0.6 metres, whichever is the lesser.

9.6.2    Objects including but not limited to umbrellas, canopies or shades must be secured in such a way that they will not fall or be blown over.

9.6.3    The lower edge of the canopy of any umbrella or shade must be at least 2.1 metres above the footpath.

9.6.4    Access to fire exits, fire hydrants, shop doorways, parking meters, rubbish receptacles, street furniture and bicycle stands must be kept clear at all times.

9.6.5    All braziers or heating devices must be securely fixed so as to not fall over.

9.6.6    A brazier or heating device must not present a danger to any pedestrian or building.

9.6.7    The permit holder must keep the footpath area where objects are placed clean from litter at all times.

 

 

PART 5

ADMINISTRATION

 

 

10        FEES AND CHARGES

 

10.1     The Council may set fees and charges for any Permit granted under the Bylaw.  Fees will be set each year in the Council's Annual Plan. 

 


 

 

11        DELEGATIONS

 

11.1     The Chief Executive may appoint Authorised Officers of Southland District Council. 

11.2     The Chief Executive and Authorised Officers may exercise any power, function or duty under this Bylaw or carry out any act in order to achieve its effective administration including:

a)         Process, grant or refuse permits;

b)         Specify additional conditions that apply to a permit (guided by any site specific constraints);

c)         Specify forms and procedures for the effective administration of the Bylaw;

d)         Make any decision or determination required in this Bylaw in order to administer it;

e)         Make any decisions regarding suspension, withdrawal or removal of a Permit;

f)          Remove, store or dispose of Signs or objects in breach of this Bylaw;

g)         Determine the costs of the removal, storage or disposal of Signs or objects in breach of this Bylaw; and

 

 

12        PERMITS

 

12.1     Permits are issued under the Southland District Council Signs and Objects on Roads and Footpaths Bylaw 2016.

 

12.2     The permit holder must present the permit if requested by any officer of the Southland District Council.

 

12.3     The permit may be reviewed by the Council at any time and may be revoked on 48 hours written notice or earlier if necessary to prevent harm to any person or damage to any private or public property.

 

12.4     The permit is only valid if all applicable fees have been paid and funds have cleared.

 

12.5     Where an activity under this Bylaw requires a permit from the Council, the person seeking a permit must:

a)         Complete the required application form;

b)         Pay the applicable fee; and

c)         Comply with the conditions of that Permit.

 

12.6     The Council may grant a Permit for any activity that would otherwise contravene this Bylaw.

 

12.7     A Permit is personal to the applicant and the address and is not transferable.

 

12.8     An Authorised Officer may revoke or suspend any Permit issued under this Bylaw at any time, or suspend for such periods of time, on such terms and conditions as the Authorised Officer may consider appropriate in the event the Permit issued is breached, or to protect Council property, public health and safety or to minimise nuisance.

 


 

PART 6

ENFORCEMENT AND COMPLIANCE

 

 

13        OFFENCES AND PENALTIES

 

13.1     Every Person or Permit holder who:

a)         Fails to comply with any provision of this Bylaw; or

b)         Breaches the conditions of any permit granted pursuant to this Bylaw

commits an offence under Section 239 of the LGA 2002 and is liable to a fine as specified in Section 242 of the LGA 2002.

 

13.2     The Council may issue infringement notices, in such forms and for such amounts as are authorised in any regulations made under Section 259 of the LGA 2002.

 

13.3     In accordance with Section 163 of the Act, Council may remove or alter any sign or other work or thing that is or has been constructed in breach of this Bylaw. 

 

13.4     Council may recover the cost of removing or altering the Sign or other work or thing that is in breach of this Bylaw from the person who committed the breach.  Payment of this cost does not relieve the person of liability for the breach of this Bylaw.

 

13.5     In accordance with Sections 164 and 165 of the Act, Council may seize and impound property if it is used in breach of this Bylaw.

 

13.6     In accordance with Sections 167 and 168 of the Act, Council may return or dispose of property seized and impounded.  The person in breach of this Bylaw is responsible for any costs associated with disposal of seized property. 

 

 

14        COMPLIANCE MONITORING

 

14.1     If a complaint is upheld regarding a breach of this Bylaw, Council may recover the cost of investigating and resolving the complaint from the party in breach of the Bylaw.

 

14.2     Where a complaint is not upheld, no costs shall be recovered.

 

 

 


Council

7 September 2016

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Report to Southland District Council - re Venture Southland Allocation of Surplus to Significant Projects

Record No:        R/16/8/13482

Author:                 Paul Casson, Chief Executive

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

SUMMARY

 

Venture Southland is seeking the endorsement of Southland District Council as required in the Venture Southland Agreement 2014-2017, for the allocation of $140,000 from Venture Southland’s reserves, following endorsement from the Venture Southland Joint Committee (18 July 2016) and Invercargill City Council and Gore District Council (both 2 August 2016), to a labour market position and a tourism product development role as detailed in the report.

 

For 2015/2016 Venture Southland has reported a draft surplus of $13,000 and expected reserves of $1,010,000.  However, approximately $350,000 of this is approved and committed for various initiatives.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Report to Southland District Council - re Venture Southland Allocation of Surplus to Significant Projects” dated 31 August 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)         Endorses $100,000 of the Venture Southland reserves to be directed towards employing a person to undertake a labour market role as detailed in the report and discretionary budget for promotion.

e)         Endorses $40,000 of the Venture Southland reserves to be directed towards employing a person to undertake tourism product development as detailed in the report.

 

 

Attachments

a         Report to Southland District Council 7 September 2016 re Venture Southland Allocation of Surplus to Significant Projects    

 


Council

07 September 2016

 

 

 

REPORT  - ALLOCATION OF SURPLUS TOWARDS SIGNIFICANT PROJECTS

 

Background

Venture Southland (Venture) has accumulated retained earnings of $1,010,000 as at 30 June 2016.  This has eventuated from a deliberate effort over recent years by the Board (Joint Committee) to bring a more commercial and independent financial focus to Venture’s operation by ensuring work carried out for third parties (other than Councils) has the appropriate margin and that Venture maintains a viable financial base.

 

The agreed level of Venture Southland reserves is $500,000.

 

Venture had budgeted for a deficit in the 2015/16 financial year of $100,000, but has a draft surplus of $13,000 (the $13,000 surplus includes approximately $200,000 of expenditure that was brought forward from the prior year, including $100,000 provided to SoRDs).  When adjusted the surplus would have been $210,000.  This is made up of additional revenue from projects such as the Awarua Earth Observation Ground Station, Regional Business Partner, and Lean.  Also there was reduced expenditure in most areas creating a positive variance.

 

By Venture having these reserves it allowed this decision to be made without having to go back to the respective Stakeholders for more funding or sacrificing other work programmes.

 

Rather than spend this additional funding in the current year (“spend for the sake of spending mentality”), the decision was made internally to seek approval from the Joint Committee to allocate the surplus/available funding to projects of regional significance.   It is therefore proposed that the following allocations are made:

 

Labour Market - up to $100,000

It is well known that Southland faces a shortage of supply its labour market.  Venture Southland has been active in working alongside business to recruit people to the region.  This role would also incorporate the Southland Youth Futures role.  This role would drive the work plan that is presented in the Venture Southland business plan, and also seek additional opportunities to encourage workers to remain or relocate to Southland.  A report was put to the Joint Committee in December 2015, seeking $200,000 from Venture’s stakeholders.  The resolution from this was that Joint Committee endorses the approach to the Regional Development Strategy Stakeholders for funding of up to $200,000.  However, Venture Southland is now in a position to partially fund this initiative itself from internal funds.   There is $50,000 that was allocated to the Southland Youth Futures initiative previously that hasn’t been used, plus an additional $20,000 in the 2016/17 budget. 

 

Tourism Product Development - $40,000

At the current time there is a backlog of tourism product opportunities.  There is approximately 30 opportunities, of varying size to access and gain traction.  Venture Southland currently has 1 fte working full time in this area, but an additional 0.5 fte is sought to address the backlog and help access any new opportunities.

 

 

One concern of making these allocations is the continuity of resource for these initiatives, in particular the labour market initiative.  This is something that will need resolved within the next 12 months via discussions with Venture’s stakeholders, seeking external funds or prioritisation of what Venture currently does.


 

CONCLUSION

Through prudent financial management in the current financial year Venture Southland is in a position to re-allocate funding to significant projects and help clear a backlog of work.  These three areas have been identified by manage as being the two key areas requiring additional resource in the short term. 


Council

7 September 2016

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Projects from 2015/2016 to be carried forward into the 2016/2017 Financial Year

Record No:        R/16/8/13728

Author:                 Susan McNamara, Management Accountant

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To inform Council of the projects approved for delivery in the 2015/2016 year that were not completed and to seek approval from Council to carry these projects forward into the 2016/2017 year. 

2        Please note - this list is not a complete list of all projects that were not completed in 2015/2016.  Some projects have been deleted, or reprogrammed to a later date as part of the Annual Plan process.

Executive Summary

3        Every year as part of the Annual Plan/Long Term Plan process, Council staff, in conjunction with elected members, identify projects to be undertaken and the funding requirements to complete such work.  Due to various reasons, these projects are not always completed in the financial year for which they are budgeted to occur, and therefore need to be carried forward.

4        This report lists in Attachment A, the projects identified by staff as needing to be carried forward for the reasons identified.  We ask Council to consider this request and approve appropriately.

 

Recommendation

That the Council:

a)      Receives the report titled “Projects from 2015/2016 to be carried forward into the 2016/2017 Financial Year” dated 31 August 2016.

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

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

d)      Approves the projects below to be carried forward into the 2016/2017 financial year.

Category/Town

Project Name

Amount

District

Vince Boyle Collection Display

9,417

District

Review of core IT systems in Council

232,911

District

Statutory live reporting of water consents to Environment Southland

10,000

Edendale-Wyndham

Wyndham Community Housing painting

15,000

District

Minor Improvements (Guardrails and Bridges below $300,000)

430,000

Athol

Beautification upgrade

5,000

Colac Bay

New Tables and beautification

2,000

Garston

Toilet upgrade

23,000

Lumsden

Upgrade railway heritage area

25,625

Manapouri

Commemorative rock

11,990

Manapouri

Exterior Wall Cladding Upgrade on Community Centre

54,766

Mararoa Waimea

Minor road improvements particularly the sealing of unsealed roads

100,000

Ohai/Nightcaps/Wairio Water

Establishing District Metered Areas

12,471

Orepuki

Information kiosk

1,831

Orepuki

Kitchen upgrade in Community Centre

1,981

Riversdale

New street lighting

12,000

Riversdale

Sludge removal at wastewater ponds

116,986

Riverton/Aparima

Palmerston Street Beautification

8,500

Riverton/Aparima

Replacement Grandstand Facility

95,645

Riverton/Aparima

Finalisation of water scheme upgrade

40,940

Riverton/Aparima

Scheme Improvements

524,248

Stewart Island/Rakiura

Replace footpath on Main Rd from telecom phone box to The Fernery (65 m)

25,000

Stewart Island/Rakiura

development of rest area/walking track entrance Horseshoe Point Rd

40,000

Stewart Island/Rakiura

17 m long path from Golden Bay Rd to front of pavilion at Traill Park

6,000

Stewart Island/Rakiura

Additional standby generation/storage at critical wastewater station

118,468

Stewart Island/Rakiura

Oban Wastewater Oxidation pond aerator

55,000

Category/Town

Project Name

Amount

Te Anau

Reconfigure & refurbish library building

16,575

Te Anau

Street Lighting

20,500

Te Anau

Te Anau Boat Harbour Dump Station

5,300

Te Anau

Lions Park Playground Improvements

21,054

Te Anau

Skate Park upgrade

79,500

Te Anau

Lions Park - New slide

30,000

Te Anau

Water Park - New Track

30,000

Te Anau

Flood protection of oxidation pond

622,984

Te Anau

Interim upgrade of discharge from existing Oxidation Pond

109,631

District Reserves

Curio bay upgrade of wastewater facilities

29,031

Eastern Bush

Water Supply Upgrade - Initial works

19,170

Winton

Vince Boyle Collection Display

1,750

Winton

Investigations of flooding - Meldrum Street

50,000

Winton

Levelling Plots and re-sow grass

15,000

Winton

Winton Memorial Hall - major upgrade

451,913

Winton

Wastewater treatment upgrade

469,570

Woodlands

Landscaping along Woodlands South Rd-Railway

10,000

SIESA

Fuel tanks (2x20,000L) replacement

85,000

SIESA

Fuel pumps replacement

20,000

SIESA

Smart Meters

23,254

Total

 

$4,089,011

e)      Agrees that although this matter is recognised as significant, no further community consultation is required as consultation has been undertaken as part of the 2015/2025 Long Term Plan.

 

Content

Background

5        Every year Council staff undertake projects as planned in the Long Term Plan/Annual Plan.  Although many are completed in the financial year in which they were budgeted to occur, often some projects are delayed for a variety of reasons but are still identified as needing to be undertaken/completed.  These projects are generally carried forward into the next financial year, whether they are a project in progress or where they have not been started.  Typically only projects of a maintenance or capital nature are carried forward, but occasionally budget managers request operational expenditure to be carried forward as well.

6        Some projects were identified early in the 2015/16 financial year as not expecting to be completed and these were included in the draft Annual Plan for consultation for 2016/17.  The most significant of these was the sealing of the Catlins Road.

7        The second round of forecasting occurred while the draft Annual Plan was out for public consultation.  As part of this process it was identified that some projects would not be completed/started during 2015/16.  These were included as part of a staff submission to the Annual Plan for 2016/17 and were included in the final Annual Plan that was adopted.  There were a total of 34 projects included in this submission with a total value of $4,392,722.

8        The completion of the Annual Report for 2015/16 is the last stage of identifying projects for carry forward.  This final step requires project managers to consider whether the project is still required and to make a request for approval to carry forward the project and the amount.  These projects are considered and approved by the relevant Group Manager before finance completes the final check on the financial amount available to be carried forward given any costs incurred during the year before including them in this report.

Issues

9        Projects carried forward into the next financial year are considered to be unbudgeted in that year.  The majority of projects carried forward exceed the Chief Executive’s $10,000 unbudgeted expenditure financial delegation or relate to a local Community and therefore authorisation is required by Council to undertake this work.

Factors to Consider

Legal and Statutory Requirements

10      There are no legal or statutory issues surrounding the carry forward of projects.

Community Views

11      All projects are consulted on as part of the Annual Plan or Long Term Plan when they are originally budgeted to occur.  Communities are informed via the Community Board or Community Development Area Subcommittee management reports throughout the year on the status of projects and often include the rationale for why projects need to be carried forward. 

Costs and Funding

12      All overall costs associated with projects to be carried forward, have previously been approved and will not change as part of the carry forward process.  The approval from Council may have been by inclusion in the 2015-25 Long Term Plan, approved as a carried forward project from 2014/15 or approval for unbudgeted expenditure during the financial year.

13      If projects were to be funded from rates, the unspent rates will be retained in a relevant reserve and then utilised to fund the project costs when incurred.  If a project is to be funded by a loan or reserves, the draw down does not take place until the actual costs are incurred.

14      For the majority of the projects the managers have considered the implication of deferring the timing of the project and do not anticipate that there will be a significant impact on the expected cost of the projects being carried forward.  This means the carry forward amount reflects the approved budget amount reduced by any costs incurred to date or already included in the 2016/2017 Annual Plan.  There are two projects where cost estimates are higher than was originally budgeted for and where appropriate approval will be sought from Council for unbudgeted expenditure in relation to these.

Policy Implications

15      There are no policy implications except in relation to significance which is discussed below.

Analysis

Options Considered

16      Council has the discretion to approve or decline individually or in aggregate the proposed carry forward projects. 

17      It is assumed, in regards to the options below, that Council will approve the carry forward of projects that have already been started.

Analysis of Options

Option 1 - Approve all projects to be carried forward (as per the attached list)

Advantages

Disadvantages

·        Projects can be completed/undertaken, although later than originally planned.

·        Risk associated with forecast costs increasing as a result of the delay/deferral in undertaking the project.

Option 2 - Approve selected projects that have not yet started

18      Council can choose which projects are to be carried forward.  It is recommended that should Council consider this option, that an appropriate selection criteria be developed.

19      Councillors can identify what projects have been started or not by referring to the status field in the attachment.

Advantages

Disadvantages

·        Selected projects can be undertaken, although later than originally planned.

·        Projects originally planned do not get completed or undertaken (when they have not commenced).  These may need to be reconsidered as part of the next
Annual Plan/Long Term Plan process.

·        Risk associated with forecast costs increasing as a result of the delay/deferral. Although managers have indicated for these projects that any change will not be significant at this stage.

·        Rates may have been collected for projects that were not completed.

·        Selection process for which projects are carried forward could be queried.

Option 3 - Decline all projects not yet started

20      Only projects planned in 2015/2016 will be undertaken.

21      Where the project was funded from rates, the surplus funds will be retained in a reserve for future use.

Advantages

Disadvantages

·        None

·        Projects originally planned do not get completed or undertaken (when they have not commenced), will need to be reconsidered as part of the next
Annual Plan/Long Term Plan process.

·        Rates may have been collected for projects that were not completed.

 

Assessment of Significance

22      This matter is considered significant as the total projects proposed to be carried forward equate to $4.1 million, which is above the financial significance threshold of $2.0 million as per Council’s Significance and Engagement Policy.  Although this decision is considered significant, Council staff consider that no further community consultation is required in relation to these projects as:

·                      The projects have been consulted on with the community and adopted as part of the 2015/2025 Long Term Plan process.

·                      Individually or in aggregate the projects do not have a significant impact on any one community or the whole district.

·                      Individually or in aggregate the projects do not affect the level of service of any activity.

·                      Individually the projects are not of a significant value.

·                      The overall cost of the projects has not changed from the amounts previously approved by Council.

Recommended Option

23      Option One - Approve all projects to be carried forward (as per the attached list).

Next Steps

24      Action Council’s recommendation, including amending financial forecasts for projects approved to be carried forward and advising Council staff and communities of projects approved to be carried forward.

 

Attachments

a         2015 2016 Proposed Carry Forwards into 2016 2017 year    

 


Council

07 September 2016

 



Council

7 September 2016

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Disposal of Old Blackmount Hall

Record No:        R/16/8/13276

Author:                 Kevin McNaught, Strategic Manager Property

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To consider a request from the Blackmount Amenities Committee to dispose of the old Blackmount Hall which is surplus to requirements.

Executive Summary

2        In September 2015, Council purchased the former Blackmount School property on behalf of the community for use as a community centre.

3        One of the buildings acquired was the old Blackmount Hall which is now surplus to requirements as the school building is now utilised as the community centre.

4        The Blackmount Amenities Committee have of its own initiative advertised the building for sale and have requested Council approval to the sale.

 

Recommendation

That the Council:

a)         Receives the report titled “Disposal of Old Blackmount Hall” dated 31 August 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 the old Blackmount Hall is surplus to requirements and that it be disposed of to Simone Hargreaves and Matt Briggs for $5,000 plus GST.

 


 

Content

Background

5        In September 2015, Council acquired the former Blackmount School on behalf of the community for use as a new community centre and to also protect the ownership of the existing swimming pool.  All funds for the purchase were sourced by the Blackmount community.

6        As a result of this acquisition the existing “chapel”, which is located opposite the site, was surplus to requirements and was advertised for sale.  At the same time the community determined that the old hall, which was also situated on the recently acquired school site, was also surplus to requirements and was also advertised for sale.

7        There was no response to the advertising so the community contacted Scobies Transport in Wyndham who also advertised it on their website resulting in an enquiry and a possible sale if approved by Council.

8        The attached letter from the Blackmount Amenities Committee is seeking approval from Council to sell the property to Simone Hargreaves and Matt Briggs for $5,000 plus GST.

9        The Committee have advised that these funds will be used to offset the costs to realign the power and water connections to the building and the purchasers will be responsible for all consents required to relocate the building and will clear the site and leave it in a safe condition.

Issues

10      There are no issues with the sale given that the local community consider the building surplus to requirements.

11      While the process followed is not that which Council would normally follow ie, the local community doing the advertising then seeking Council’s approval that the building is surplus to requirements, this is not seen as any reason not to approve the sale as it was publically advertised.

Factors to Consider

Legal and Statutory Requirements

12      As stated the process is not that which is normally followed, however the step of Council declaring the building surplus and approving the sale meets the required statutory requirements.

Community Views

13      The Blackmount community have advised Council that the building is surplus and should be disposed of.

Costs and Funding

14      The sale proceeds will be used to offset any costs associated with the costs of disconnecting the water to the building and realigning the electricity feeding the property.

Policy Implications

15      None identified.

Analysis

Options Considered

16      The options are to either retain the building or dispose of it.

Analysis of Options

Option 1 - Retain the building

Advantages

Disadvantages

·        None identified given a new building is available for use.

·        Continual ongoing costs for maintenance and possibly vandalism for an unused building.

 

Option 2 - Dispose of building

Advantages

Disadvantages

·        Removes all future liabilities for an unused and surplus building.

·        None identified.

 

Assessment of Significance

17      Not considered significant.

Recommended Option

18      Disposal to the interested parties.

Next Steps

19      Enter into contract and have the building removed from site.

 

Attachments

a         Request from Blackmount Amenities Committee to dispose of old Blackmount hall    

 


Council

07 September 2016

 

 

Blackmount Amenities Committee

C/o L Lewis

10 Old Monowai Road

RD 2 Otautau 9862

 

Kevin McNaught

Strategic Manager Property

Southland District Council

 

5th August 2016

 

Dear Kevin

Following a Blackmount Amenities Committee meeting on 3rd August I have been asked to write to you asking if we can dispose-of the old Blackmount Hall as it is no longer required due to the success of the community centre now being sited in the Blackmount School building.

The people, who wish to purchase the building for removal have offered $5000.00 which will go cover the costs of religning the power and water and they will meet all costs of clearing the site and leave it in a safe condition.

The people making the offer are  

Simone Hargreaves and Matt Briggs

25a Blyth St

Cromwell 9310

email simoney4@yahoo.com.au

 

If you have any queries please contact Neil Robertson

Please note a change to my email address - it is now lewishome@slingshot.co.nz

 

Regards

 

Linda Lewis

Secretary

 

 

 

 

 


Council

7 September 2016

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Mokonui Street Stormwater Upgrade, Te Anau

Record No:        R/16/8/13467

Author:                 Joe Findley, Contracts Administrator

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        This report is to consider the recommendation from the Te Anau Community Board for the proposed upgrade of the existing stormwater main along Mokonui Street in Te Anau.

Executive Summary

2        The objective of this report is to outline the recommendation from the Te Anau Community Board on the options for the upgrade of the existing Mokonui Street Stormwater main in
Te Anau.

3        The Te Anau Community Board at the meeting on the 31st August 2016 are considering a report on the proposed Option 1 for the renewal of the stormwater main and it is proposed they recommend to Council to approve the project proceed with funding from the Te Anau Stormwater Reserves budget.  The decision of the Board will be available by the time of the Council meeting.

4        The project involves renewing the existing stormwater pipeline within Mokonui Street between Town Centre (Main Street) and number 5 Mokonui Street.  Replacing the existing 150 mm diameter earthenware pipeline with a 300 mm diameter PVC pipeline through a new alignment.

 

Recommendation

That the Council:

a)         Receives the report titled “Mokonui Street Stormwater Upgrade, Te Anau” dated 29 August 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)         Approves the unbudgeted expenditure for the project to proceed with use of funds from the Te Anau Stormwater Reserves Budget to an estimated $72,000.00.

e)         Delegate’s authority to Council’s Group Manager, Services and Assets to award contracts for the delivery of the project works.

 


Background

5       The objective of this report is to outline the recommendation from the Te Anau Community Board for the upgrade of the existing stormwater main on Mokonui Street, Te Anau.

6        Over recent months there has been flooding/ponding of stormwater outside number
5 Mokonui Street, affecting private property in the process.  The Te Anau Community Engineer engaged Councils Water and Waste Department to investigate the condition of the stormwater pipeline and the stormwater flooding that has been occurring in Mokonui Street.

7        SouthRoads Ltd, Council’s roading maintenance contractor in the Te Anau area, has confirmed that they were called out to the site on three occasions in February 2016 in response to stormwater issues.  Council staff have added to the history of poor performance of this line, recalling times when the capacity of the existing line had not kept up with requirement resulting in localised flooding.  There has been flooding of private property as a direct result of the limited capacity of the existing line, a copy of RFS-67323 is included in Appendix B. Correspondence from an affected landowner show 11 instances of localise flooding of private property between May 2015 and August 2016.

8        Records show the existing 150 mm diameter earthenware stormwater pipeline was laid in 1967 but is in poor condition, affected by root intrusion from trees planted over top of the pipe and is ineffective in its purpose in freely draining stormwater runoff.

9        An existing stormwater sump opposite 14 Mokonui Street currently drains to a soakhole in Lions Park.  When this soakhole fails to keep up with certain rainfall intensities, water fills up the sump and then continues down Mokonui Street via kerb and channel flow to drain into the sump outside number 5 Mokonui Street.

Issues

10      Work undertaken as part of the Council’s investigation of the stormwater main found that the existing pipes were in poor condition and were affected by root intrusion causing blockages along the main between a street sump outside number 5 Mokonui and the stormwater manhole on Town Centre (Main Street).  If left there is a significant risk the main will block or collapse completely, causing further surface flooding issues during rain events.  During heavy rainfall, the additional overflow from the sump opposite 14 Mokonui Street further overloads the already strained capacity of the existing pipeline.

11      The proposed contract works would involve establishing a new manhole and replacing the existing 150 mm diameter pipeline with a 300 mm diameter pipeline in a new alignment out in the west bound vehicle lane of Mokonui Street, including all associated structures and works. A sump and 225 mm diameter lead will be replaced from outside number 5 Mokonui Street running to the newly established manhole.  This new sump will have a greater capacity and increased pipe size (from 150 mm to 225 mm) to more effectively deal with run-off during heavy rainfall.

12      The increase in pipe size will help to accommodate larger rainfall events and reduce the likelihood of blockages.  It is also proposed to install and cap off, a 300 mm pipe lead to the new manhole from the north west, to accommodate any future stormwater upgrade along Mokonui Street, or in the event that the existing soakage hole which services a street sump opposite number 14 Mokonui fails, this could be piped to this 300 mm lead without having to do any additional work to the manhole, saving future cost.  Please refer to Appendix A, showing the plans of the existing stormwater alignment and proposed new alignment.

Factors to Consider

Legal and Statutory Requirements

13      This project is being undertaken in accordance with the statutory processes and to fulfil Council’s statutory obligations set out in the Local Government Act 2002.

Community Views

14      Council staff met on-site with Te Anau Community Board Chair, Ann Carran, during July to discuss the project. 

15      No consultation with the wider community has been undertaken at present, all work will be confined to within the road reserve.  Prior to the works starting all affected property owners will be notified along with a notice of works being placed on the SDC website and other appropriate media outlets.  The proposed project is not currently in the Long Term Plan.

Costs and Funding

16     Funding for this work requires to be approved by the Council, the Water and Waste Department has prepared a cost estimate of the recommended Option 1 with a breakdown in the below table:

Item

Costs

Construct two new manholes

$15,000.00

Lay approx. 42 m of 300 mm PVC pipe

$20,000.00

Install new sump and 225 mm lead to manhole

$5,000.00

Connect existing sump to new main

$2,000.00

CCTV, Traffic Management, Service Location, As-Builts

$8,000.00

SDC Water and Waste Department fees

$7,000.00

Contingency

$15,000.00

Total cost to CDA

$72,000.00

17     Funding the project through local stormwater reserves would mean there is no extra cost to ratepayers.  The current stormwater reserves budget is $416,011.96 and there are currently no stormwater projects in the Long Term Plan which require funding.

18      Due to the work not being budgeted for in the Long Term Plan this project requires Council approval.

Policy Implications

19      The proposed option takes into consideration the Council’s Long Term Plan and Annual Plan by maintaining drainage systems to protect public and private property during periodic rainfall events.

 

Analysis

Options Considered

20      The following options have been identified and considered as outlined below in Options 1-3.

21      If approval for the funding of the works is given, Council will obtain a minimum of three quotes from Council approved contractors to undertake the works with the lowest conforming quote being accepted.  We would propose that the works be awarded under delegated authority so there is not a delay in the commencement of the works.

22      Obtaining quotes for these works is the preferred option for the size and scale of this project; it will save both time and funds.

Analysis of Options

23     Option 1 - Open trench a new alignment for a 300 mm PVC pipe from a new manhole outside number 5 Mokonui, to a new manhole placed over the existing stormwater main on Town Centre (Main Street), install new sump on Mokonui Street to increase capacity and connect to new manhole.  Use $72,000.00 from the local stormwater reserve to fund this project

Advantages

Disadvantages

·        A significant reduction in capacity issues,

·        Increased pipe size to allow for future development upstream,

·        Control of pipe grade and alignment,

·        Less risk of additional reinstatement costs due to the alignment being installed within the traffickable lane.

·        The traffic disruptions to the public,

·        Slightly higher construction cost.

24     Option 2 - Pipe burst a new 150 mm HDPE pipeline through the existing pipe alignment.  Use $70,000.00 from the local stormwater reserve to fund this project

Advantages

Disadvantages

·        Reduced disruption to traffic,

·        Slightly lower construction cost.

·        Smaller pipe size if cracking through existing pipe as well as a risk of heaving the surface above the alignment resulting in further reinstatement costs,

·        The requirement to excavate a large launch pit for the pipe cracking unit, right near the live gas main,

·        No guarantee of pipe grade or alignment and the risk of tree roots causing construction issues,

·        Higher reinstatement cost due to the need to cut out a large portion of the existing kerb and pull up then re-lay the existing paving stones.

Option 3 - Do nothing

Advantages

Disadvantages

·        Short term reduction in cost.

·        Ongoing flooding of private property

·        Continued issues with localised flooding of Mokonui Street and of private property,

·        The requirement to upgrade the main in the future in some form or other,

·        Increased maintenance costs to maintain the existing pipeline.

 

Assessment of Significance

25      Upon assessing the proposed recommendation against the Council’s Significance and Engagement Policy, the Water and Waste Department does not believe that the recommendation constitutes a significant decision.

26      This is based on the recommendation not having an impact on the Council’s direction and level of service and the cost being less than 10% of annual expenditure.

Recommended Option

27      It is believed the best option for the renewal of the stormwater main is with the open trench method along the new alignment.  This would be the most effective and ensure the pipe is laid true to grade, have suitable bedding around it and have capacity for any future development upstream.

28      The Water and Waste Department recommends that the Council approves the project to proceed through Option 1, involving the use of funds from the local stormwater reserves budget.

Next Steps

29      If approval for the funding of the works is given, Council will obtain a minimum of three quotes from Council approved contractors to undertake the works with the lowest conforming quote being accepted.  We would propose that the works be awarded under delegated authority so there is not a delay in the commencement of the works.

30      Obtaining quotes for these works is the preferred option over the alternative of a full tender process.  For the size and scale of this project; it will save both time and funds while still delivering best quality and value.

 

 

Attachments

a         Mokonui Street Stormwater Upgrade Plan

b         Mokonui Street flooding RFS    

 



Council

07 September 2016

 

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Council

07 September 2016

 

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Council

7 September 2016

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Council's Water Supplies - Information on Treatment and Potential Risks

Record No:        R/16/8/13867

Author:                 Bevan McKenzie, Project and Programme Manager

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To inform Council of the current level of treatment of its water supplies and the protection that the treatment offers.

Background

2        With the current Campylobacter outbreak in the Havelock North drinking-water supply, it is timely that Council is informed of the Southland District Council water supplies and their treatment systems and the protection and treatment offered.

3        Council has 12 drinking-water supplies and eight stock water supplies.

4        New Drinking-water Standards were introduced in 2005/08 (NZ DWS 2005/08) and Council has been progressively upgrading the water supplies to meet the current standard.  Not only do the water plants need to be upgraded, there are more operational requirements and reporting to the Ministry of Health to show that each water supply meets the standards.

5        Where drinking-water is taken from stock water supplies, these Standards/Guidelines were introduced in 2015 (eg, Eastern Bush/Otahu Flat Water Supply Scheme).

6        Attached are two sheets of the drinking-water supplies (Attachments A and B) that summarise the current level treatment at each of the supplies and the off line monitoring required.

7        Also attached is a copy of the Water Safety Plan (WSP) for the Otautau Drinking-water Supply (Attachment C).  This WSP is typical for all of the SDC drinking-water supplies.

8        The WSP sets out the potential risks to public health associated with the water supply and how those potential risks are managed.

9        The WSP incorporates a catchment risk survey (Appendix C of the WSP).

10      The catchment risk survey and in consultation with the Ministry of Health determines the level of treatment (log credits) installed at the plant to meet the potential risks identified.

11      In general terms the source water from:

(a)     River water and shallow bores (unconfined aquifer)

          Less than 10 metres in depth requires - 4 log credits.

(b)     Bores 10 metres - 30 metres in depth requires - 3 log credits (in a confined aquifer).

(c)     Bores greater than 30 metres in depth in a confined aquifer may qualify for secure water status - 0 log credits.

12      The Otautau Plant requires a plant that meets 4 log credits of treatment for Protozoa.

13      The plant has cartridge filtration to 1 micron absolute (2 log credits) and UV treatment (3 log credits).  Therefore the plant is capable of receiving 5 log credits subject to providing information that these systems are operating correctly each year to the Drinking-water Assessor (DWA) - MoH.

14      The treatment systems in place at each of the 12 drinking-water plants and the log credit requirement is attached as Attachment B.

Monitoring

15      Each of the treatment plant elements requires monitoring.

UV

16      Requires          -           Turbidity                 1 minute intervals.

                        -           Flow                       1 minute intervals.

                        -           UV intensity           1 minute intervals.

                     UVT        UV transmissivity twice weekly.

                     UV intensity meter                Check/calibrated annually.    

                     UV bulbs change out at 12,000 hours use.

                        -           Plant to shut down on a fault.

Cartridge Filters

17      Requires:         -           Turbidity before and after the filters - 1 minute intervals.

                        -           Differential pressure across the filters - 1 minute intervals.

                        -           Flow - 1 minute intervals.

Chlorine

18      Requires:         -           FAC (Free Available Chlorine)          1 minute intervals.

                        -           Hand held monitoring FAC

                        -           E-coli laboratory testing weekly         > 500 population

                                    (ex plant and in the reticulation zone).

19      pH is also monitored.

20      The online monitoring results are stored in a historian database at Council.  This database is checked by a programme called Water Outlook that prints out a report each day and highlights any non-compliance or potential non-compliance.

21      We are also trialling a monthly report summary from Water Outlook.


 

Eastern Bush/Otahu Flat Scheme

22      This scheme currently operates under a permanent boil water notice.

23      This water supply scheme is programmed to be upgraded this financial year to meet the DWS.

Manapouri Water Supply

24      Manapouri Water Supply Scheme does not meet protozoa compliance several days of the year when the turbidity exceeds 1 NTU.  This is because the performance of the UV treatment device is deemed to be affected by turbidity.

25      It is intended to look at options to address the turbidity issue in the 2017/18 year.

26      There are some SCADA and electronic monitoring issues on the schemes that are occurring that we will try to resolve this current financial year.

Stock Water - Supply Schemes

27      Council has eight stock water supply schemes. 

28      There are six stock water supplies in the Te Anau Basin, the Matuku and Five Rivers schemes.

29      There is no treatment or monitoring of the water on these schemes.  They draw water either directly out of rivers/creeks or from shallow bores adjacent to the rivers.

30      These stock water schemes are not to be used for drinking-water for human consumption.

31      The Council has published in the First Edition (approximately twice a year) that the water from stock water supplies is not to be used for human consumption.  There is a risk to public health if the public use this water for public consumption.

 

 

Recommendation

That the Council:

a)         Receives the report titled “Council's Water Supplies - Information on Treatment and Potential Risks” dated 31 August 2016.

 

 

Attachments

a         Southland District Drinking-water Supplies

b         SDC Protozoa Compliance

c         Water Safety Plan for the Otautau Drinking Water Supply    

 


Council

07 September 2016

 


Council

07 September 2016

 


Council

07 September 2016

 

 

 

 

 

 

 

 

 

sdc_print

 

 

Southland District Council

 

 

 

Water Safety Plan for the
Otautau Drinking-water Supply

 

 

 

 

 

 

 

 

 

 

Status

WSP MOH

Approved

Date of MOH Approval

 

 

Revision No

One

Prepared By

P Reid

Date

May 2014

Note:

Review required five yearly


Council

07 September 2016

 

1....... Introduction. 1

1.1......... Purpose of the Water Safety Plan. 1

1.2......... Background to the Otautau Drinking-water Supply. 1

1.2.1         Catchment Characteristics. 1

1.3......... WINZ Registration Status. 3

1.4......... The Health, (Drinking-water), Amendment Act 2007 Implications. 3

2....... Otautau Water Supply 4

2.1......... Overview of Supply Elements. 4

2.2......... Water Treatment Plant Upgrade. 4

2.3......... Raw Water Sources, Abstraction and Transmission. 6

2.3.1         Resource Consents and Abstraction. 6

2.3.2         Raw Water Quality. 6

2.4......... Treatment Processes and Process Control 7

2.4.1         Cartridge Filters. 7

2.4.2         UV Disinfection. 7

2.4.3         Chlorine Disinfection. 8

2.4.4         pH Correction (Caustic Soda) 10

2.4.5         Storage and Distribution System.. 11

3....... Water Supply Management Systems. 13

3.1......... The Operations and Maintenance Contract for Otautau. 13

3.2......... Emergency Management 13

3.3......... Compliance with the New Zealand Drinking-water Standards 2005 (revised 2008) 13

3.3.1         Microbiological Compliance. 13

3.3.2         Chemical, (P2), Compliance. 15

3.3.3         Plumbosolvent Water 15

3.4......... Internal Water Supply Management Systems Related to the WSP. 15

3.5......... Performance Assessment of Water Supply Management 15

4....... Risks to Public Health. 16

4.1......... Barriers to Contamination. 16

4.2......... Risk Information Tables. 16

4.3......... Risk Information Tables. 19

4.4......... Risk Summary. 31

5....... Improvement Plan. 32

5.1......... Introduction. 32

5.2......... Improvement Costs and Cost-benefit Assessment 32

5.3......... Schedule of Improvements. 33

6....... Contingency Plans. 34

7....... Review Process for the WSP. 38

7.1......... Content of Review. 38

7.2......... Review Timeframe. 38

7.3......... WSP Reporting and Links to Other Documents. 39

 

Appendix A:     E.coli Transgression Response Chart – Treatment Plant.............................................. 37

Appendix B:     E.coli Transgression Response Chart – Reticulation System........................................ 38

Appendix C:     Catchment Risk Survey............................................................................................. 39

 

                                                                        

List of Tables

1.0       Table 3‑1: Microbiological and Chemical Monitoring Compliance with DWSNZ 2005 (revised 2008) 13

2.0       Table 3‑2: Protozoa Compliance and Monitoring Requirements for a Standard Supply. 14

3.0       Table 4‑1 : Water Supply - Barriers to Contamination. 16

4.0       Table 4‑2 : Likelihood Rating Scale. 17

5.0       Table 4‑3 : Consequence Rating Scale. 17

6.0       Table 4‑4 : Summary of Risks to Public Health. 18

7.0       Table 4‑5 : Risks to Public Health – Catchment, Source and Abstraction. 19

8.0       Table 4‑6 : Risks to Public Health – Treatment Processes. 21

9.0       Table 4‑7 : Risks to Public Health – Storage and Distribution System.. 26

10.0    Table 4‑8 : Risks to Public Health – General Supply Elements, Monitoring and Management 29

11.0    Table 5‑1 : Cross Reference for Indicative costs. 32

12.0    Table 5‑2 : Schedule of Improvements for the Otautau Water Supply Taken From Tables 4.5 to 4.8. 33

13.0    Table 6‑1 : Generic Procedure for Evaluating and Mitigating Water Supply Risk Events. 34

14.0    Table 6‑2 : Elevated Turbidity in Source Water 34

15.0    Table 6‑3 : Contaminated Source Water Reaches the Distribution System.. 35

16.0    Table 6‑4 : FAC Concentration Below Target Level 36

17.0    Table 6‑5 : Contaminated Reservoir Water 36

18.0    Table 6‑6 : Contaminated Distribution System.. 36

 

 

List of Figures

19.0  Figure 1‑1 : Location of Otautau in the South Island. 2

20.0  Figure 1‑2 : Water Supply Elements and Configuration. 2

21.0   Figure 2‑1 : Schematic Diagram of the Supply Elements. 5

 

 

 


Council

07 September 2016

 

1          Introduction

 

1.1       Purpose of the Water Safety Plan

 

Water Safety Plans (WSP) have been prepared to assist Southland District Council (SDC) and its communities to assess and manage the risks to public health associated with reticulated water supplies within the District.

 

The Otautau WSP aims to identify all events that could lead to illness, and includes, preventive measures, corrective actions, control limits and contingency plans.  This includes actions and plans which are either in place now or improvements that can be made to reduce or mitigate any identified risks. 

 

A Catchment Risk Survey report has been completed for the water supply and is appended as Appendix C.  The source water is groundwater taken from a bore approximately 9 metres deep. 
From this report a recommendation has been in Section 3.3 of the WSP as to the log credit removal required for the treatment processes to meet DWSNZ 2005 (revised 2008), S5.2.1.1, and Table 5.1a.  for the catchment type identified.

 

 

1.2       Background to the Otautau Drinking-water Supply

 

Otautau is a small town in the Western Southland Plain region, located about half way between Invercargill and Te Anau.  The main industries are timber, dairy, sheep farming, and related commercial support services.  There is a resident population of 669 according to the 2013 census

 

1.2.1      Catchment Characteristics

The drinking-water supply is sourced from a well on the north side of Otautau, approximately
150 metres from the True Right Bank (TRB) of the Aparima River. 

 

The 1,170 km2 catchment is a mixture of Pastoral (48%), Department of Conservation and Forestry (33%), and Dairy and Lifestyle (18%).

 

The Aparima River catchment starts in the Takitimu Mountains travels through mainly farmed land and for our purposes ends immediately below Otautau.  A number of small tributaries join the river the most significant being the Otautau Stream.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1-1 shows the location of the town and the Aparima River

Figure 1-2 shows the location of the main water supply elements of the Otautau supply.

 

Location

Figure 1‑1:  Location of Otautau in the South Island

Otautau is a small town in the western Southland Plain region, located about half way between Invercargill and Te Anau. 

 

 

Supply Elements

 

Figure 1‑2 : Water Supply Elements and Configuration

 

Otautau water supply consists of a shallow well, a treatment plant, and reservoir. 


 

 

1.3         WINZ Registration Status

 

This water supply is a Ministry of Health registered supply, Community code OTA001 and in WINZ comprises one bore water source, one treatment plant and one distribution zone as shown in the table below. 

 

Supply Element

WINZ Name

WINZ Code

Sources

Liemen Street Bore

G00050

Treatment Plants

Liemen Street, Otautau

TP00083

Distribution zone

Otautau

OTA001OT

 

WINZ is used by the SDC to record all current supply monitoring data and events and the contractor, Downer Limited, is required to maintain WINZ under its operating contract with monthly reports to the Council.  The supply is presently ungraded, as Uu. 

 

 

1.4         The Health, (Drinking-water), Amendment Act 2007 Implications

 

The Health, (Drinking-water) Amendment Act 2007 was passed by Parliament in October 2007 and came in to effect on 1 July 2008.  The passing of this Act signals the end of a long era of voluntary compliance with the Drinking-water Standards for New Zealand and replaces this with a highly prescriptive regulatory environment based around risk management principles and risk management plans as a core requirement.

 

Water Safety Plans are the means by which suppliers are expected to describe and define the risks in their supplies and detail how they will take “all practicable steps” to comply with the Health,
(Drinking-water), Amendment Act 2007 and drinking-water standards to minimise the risks to consumers. 

 

Recognising that there will be financial and other resource implications arising from the introduction of the Act, the Ministry of Health has allowed for the changes to be introduced in stages based on the size, (population served), of the water supply.  Otautau is in the 501 to 5000 population band and these supplies are to comply on or before 1 July 2014.

 

The most immediate, and arguably most important, changes for water suppliers are contained in Sections 69S and 69Z of the Act as follows:

 

1.         69S -    Drinking-water supply to be adequate at all supply points.

2.         69T -     Imminent risk in the supply to be reported to an MOH without delay.

3.         69U -    Duty to protect water sources/catchments from contamination - “all reasonable steps approach”.

4.         69V -    “All practicable steps” to be taken to comply with DWSNZ.

5.         69W -    Duty to provide wholesome water (ie, comply with DWSNZ).

6.         69X -    New source water determinands not to exceed the maximum acceptable values, (MAV’s) in DWSNZ.

7.         69Y -    Monitoring of the supply to be in accordance with DWSNZ.

8.         69Z -     Duty to implement a WSP on or before the date on which this section begins to apply to the supply.

 

The WSP for Otautau sets out the means by which the SDC intends to meet the requirements of the Health (Drinking-water) Amendment Act 2007, which includes meeting compliance with DWSNZ 2005 (Revised 2008) by 1 July 2014.


Council

07 September 2016

 

 

2            Otautau Water Supply D

 

2.1         Overview of Supply Elements

 

A schematic diagram of the water supply is provided in Figure 2-1.  This flow chart diagram summarises the water supply elements from the catchment and sources to the consumer, including the general supply elements of Staff Training, Monitoring of the Supply, Record Keeping and coverage of the Operations and Maintenance Contract with Downer Limited and the Ministry of Health approved laboratory WaterCare Laboratory Services. 

 

2.2         Water Treatment Plant Upgrade

 

The water treatment plant has been extensively upgraded in the 2013/14 year to meet the requirements of the DWSNZ 2005(Revised 2008).

 

The upgrade of the plant consisted of the following:

 

1.         New well pumps, pipework from the bore/well to the water treatment building making the well head secure.

2.         Extending the water treatment plant building, installation of cartridge filtration, UV disinfection and caustic soda pH correction.

3.         Upgrading the power supply, new transformer, new cable to the building and well. 
Renewal of the switchboard and SCADA system.

 


Council

07 September 2016

 

Figure:  Schematic of the Otautau Water Supply

 

Figure 2‑1 : Schematic Diagram of the Supply Elements 


Council

07 September 2016

 

2.3         Raw Water Sources, Abstraction and Transmission

 

Otautau currently has one water supply well.  The well draws from unconfined mixed alluvial gravels at an approximately depth of 9 metres. 

 

P1000912

 

P1000911

Photo showing locked lid and sealed well-head at 19 Liemen Street, Otautau

 

The well contains two Grundfos submersible pumps with VSD drivers, which operate on a duty/standby arrangement and operate at maximum rate of 15L/sec.  The two pumps convey the water to the plant via a 100mm combined main, approximately 7 metres in length.

 

2.3.1    Resource Consents and Abstraction

A 20 year water permit for a water take was issued in 2004; the supply is consented to draw 1,056 cubic metres a day. 

 

2.3.2      Raw Water Quality

The quality of well water is very good and has been sampled since 2010, with only five E-coli detects, and pH consistently in the range of 6.1 to 6.8.  The recent upgrade included sealing off the existing well-head.  Chemically the well water is also good with no P2 determinands at greater than 50% of their respective MAV’s as set out in DWSNZ 2005 (revised 2008), on 1 March 2013 SDC applied for and was granted re-classification of all P2’s in the SDC area to P3’s, which require no monitoring. 

2.4         Treatment Processes and Process Control

 

2.4.1      Cartridge Filters

The first step in the treatment process is two cartridge filters operating in series which are used to remove particles from the water and achieve two of the four required log credits.  The cartridge filter bank consists of two CUNO high flow filters in series connection with a pressure transducer pre and post the two filters. 

 

The first filter housing has 1 10um nominal cartridge, and the second filter housing has 3 x 1um absolute cartridges.  The flow filters use a compound radial pleat design that maximises the usable surface area per filter.   

 

These cartridges are certified to treat a flow of 22L/sec with a pressure differential of 350 kPa across each of the cartridge chambers.  To prevent the first flush going through the filters, it is run to waste and back into the well.

 

CUNO cartridge
Filter modules
P1000893

Photo showing the location of the CUNO cartridge filters

 

2.4.2      UV Disinfection

Following the filtration process the water is disinfected with ultra violet light via a TROJAN UV DO3 SWIFT unit which provides Cryptosporidium, Giardia inactivation of 3-log thus achieving the required 4 log credit for the plant.  The UV casing has 3 low pressure high output amalgam lamps, each located within its own protective quartz sleeve.  The unit is certified to treat flows of 31L/sec with a UVT of 90%, with a minimum intensity of 40mJ/cm2

 


 

There is a 300 second warm up phase of the UV unit; this allows the unit to reach the operating intensity before flow goes through the unit.  The way this plant is configured there is no delay in the starting of the primary pumps because the cartridge filters run the first 300 seconds of flow to waste, so when the solenoid valves close and the water is heading towards the UV unit, the unit has already completed the warm-up.

 

The reactors continue to run after the duty primary pump has stopped, this is designed to limit the number of reactor starts.  The reactor is set to run for four hours after the duty primary pump stops.

 

TROJAN UV SWIFT UnitP1000898

Photo showing the TROJAN UV SWIFT unit

 

2.4.3      Chlorine Disinfection

Chlorine gas is added to the water after the UV disinfection and before the contact tanks. 
The chlorine is added to the water to provide a disinfection residual in the reticulation to prevent secondary contamination of the water. 

 

The chlorination equipment is located in a room at the south-west end of the treatment plant building and accessed through a separate door.  The chlorination equipment comprises the following:

 

1.         A S10K dosing valve which is coupled with a;

2.         V100 rotameter and; a

3.         Gas bottle regulator; and

4.         Two 70 kg gas bottles.

 

The carry water is supplied from the outlet side of the secondary pumps; the pressure from the secondary pumps creates the injection vacuum.  When a bore pump run starts, a solenoid valve opens supplying the carry water to the chlorine injector.  The chlorine is fixed dose based on only one bore pump running at a time and running at constant speed following the start-up phase.  The dosing point is between the plant building and the contact tanks.

The chlorine residue is monitored by a Depolox 4 chlorine analyser which has a pH probe. 
The sample water is taken out of the contact tanks and a floor mounted Eheim type 1260 supplies the sample water to the instrument at the right flow and pressure.  There is a small fan heater by the cylinders and pipe work to prevent the gas in the supply line from liquefying.

 

P1000907

 

P1000908

 

The secure chlorine room with regulation signage posted - tandem 70 kg chlorine gas bottles

 

 


 

2.4.4      pH Correction (Caustic Soda)

pH correction at Otautau is achieved by the dosing  of caustic soda (sodium hydroxide).  The caustic soda is dosed to the water as a 30%w/w solution which is the strength of the solution when it is supplied from Orica; therefore no chemical batching is required.

 

The caustic soda and dosing equipment is housed in a separate room on the eastern end of the treatment building which houses the 3000L PE self bunded caustic tank, dosing pump and associated control panel and transfer/delivery pump.  On the outside wall is the emergency equipment which consists of an emergency shower/eye wash and a fire hose and reel.

 

The caustic solution is dosed into the main between the treatment plant and the contact tanks slightly upstream of the chlorine dosing point.

 

 The dosing pumps are Grundfos DDA7’s which operates on a duty/standby arrangement.  The duty is manually changed by the operator via the control panel in the caustic room.

 

The caustic dosing is dosed flow proportionally using the flow meter on the inlet line from the bores to the UV unit; the dose rate (ml/L) is assigned via the operator using the touch screen.  From these two inputs the plants PLC adjusts the speed of the pumps to achieve the required dose rate. 
The operator monitors the downstream pH reading and uses this value to adjust the dose rate so the optimum pH level is achieved.  The start/stop of the dosing pump is controlled by the plants PLC.  When a primary pump run starts, a dosing pump will start 300 sec later.  There is a calibration tube on the downstream side of the caustic storage tank, which is used to assess the efficiency of the dosing pumps.

 

Caustic soda is a hazardous substance; therefore all operators handling the substances have a HSNO Approved Handlers certificate and the operators who transport the caustic soda to the site have the Dangerous Goods (D-endorsement) on their drivers licence..  The caustic room meets all HSNO requirements with the self-bunded double skinned holding tank which is vented to atmosphere, it has double skin pipes and the emergency washing equipment is on the outside wall immediately adjacent to the caustic tank room.

 

P1000891

P1000905

Depolox 4 -  Caustic Soda mixing tank

 

The treatment plant is monitored by Council’s Kingfisher SCADA system via VHF radio link, data on plant hours, reservoir levels, pump duty, flow, UV intensity, turbidity, pH, and FAC residual leaving the plant is recorded every 1 minute and sent to the base station every 15 minutes.  Plant log sheets and Wateroutlook are used by the operators to record manual observations and test results during their visits. 

 

2.4.5      Storage and Distribution System

2.4.5.1    Storage

The treatment plant has 3 x 23 m3 contact tanks with a capacity of 69 m3.  The reservoir is a 430 m3 tank and is situated at 186 Knutsford Road approximately two kilometres to the west of the
Otautau main road.   

 

Tiki Tour 19-20 July 2006 139

Otautau Reservoir at 186 Knutsford Road

amesetup.asp

2.4.5.2    Reticulation

The rising main and gravity mains are made up of asbestos cement 81% and Polyethylene 14%.   The majority of the reticulation network was installed in 1963/64.  The reticulation network is comprised of 150 mm diameter asbestos cement main that supplies 100 mm diameter sub-mains and the reservoir.  There are 100 hydrants on this scheme.  Backflow prevention is fitted to commercial premises.

 

2.4.5.3    Reticulation FACE and E.coli Monitoring

Downer staff carry out E.coli and FAC monitoring in the reticulation as part of their contract with SDC.  E.coli is monitored once per week in accordance with DWSNZ 2005 (revised 2008) for a supply less than 5000. 


Council

07 September 2016

 

3            Water Supply Management Systems

 

All Council owned supplies are managed by council staff with physical works carried out under an Operation and Maintenance Contract with Downer Ltd (10-01 Operation and Maintenance Water Supply and Wastewater Services Contract).  Capital works are generally advertised for tender. 
All schemes are governed by either local Community Boards, Community Development Area Subcommittees, or Water Supply Subcommittees. 

 

3.1         The Operations and Maintenance Contract for Otautau

 

The operators attend the plant at least two days a week but will attend longer if the plant is not performing at its best.

 

As well as the routine duties Downer staff are contracted to do all reticulation maintenance and repairs and respond to customer complaints (RFS) and requests during and after hours.  Breaks and leaks are usually minor and can be fixed within four hours.

 

 

3.2         Emergency Management

 

District wide, emergency management is currently co-ordinated by the Regional Council.  SDC has an emergency response agreement under its Operations Management Contract that addresses minor emergency responses.  Council recognises the need to formalise a Water Response and Action Plan that clearly identifies timeframes, actions and procedures to respond to more serious emergencies.  This is currently under development and is raised in Section 5 of the WSP - Improvement Plan. 

 

 

3.3         Compliance with the New Zealand Drinking-water Standards 2005 (revised 2008)

 

3.3.1      Microbiological Compliance

Microbiological monitoring for New Zealand Drinking-water Standards 2005 (revised 2008) compliance is undertaken by Downer staff.  E.coli is currently monitored at the treatment plant and in the reticulation once a week. 

 

Table 3-1 summarises the current microbiological and chemical monitoring for the supply and current compliance status with DWSNZ 2005 (revised 2008) against E.coli Criterion 2B for a continuously chlorinated but non-continuously monitored supply which best fits the Otautau situation and the existing monitoring programme by Downer staff.  As table 3-1 shows the E.coli monitoring for the treatment plant and reticulation E.coli monitoring is compliant with DWSNZ 2005 (revised 2008).  Turbidity, pH and FAC are semi- continuously monitored and therefore comply with E.coli Criterion 2B. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 3‑1:  Microbiological and Chemical Monitoring Compliance with DWSNZ 2005 (revised 2008)

 

System

Parameter

Monitoring frequency (current)

DWSNZ 2005 compliance status

DWSNZ 2005 reference and requirement

Treatment Plant

E.coli criterion 2B

E.coli

 

1 sample per week

(13 per quarter)

Compliant

 

Table 4.2a requires weekly samples (or 13 per quarter) for Criterion 2B.

 

Turbidity

Semi-continuous via SCADA

Compliant

 

Table 4.2b requires minimum of 3 samples per week (13 per quarter) for pH, FAC and turbidity

 

pH

Semi-continuous via SCADA

 

Compliant

 

 

FAC

Semi-continuous via SCADA

Compliant

 

Reticulation

E.coli

1 sample per week

(or 13 per quarter)

Compliant

Table 4.3a for supply 501 to 5,000

Reticulation

FAC

Weekly

Optional

Not required by DWSNZ 2005 (revised 2008) but is good monitoring practice.

 

The supply has a generally good history of E.coli compliance and meets the minimum requirements of E.coli Criterion 2B.  During the period 2002 to 2013 there were no treatment plant or reticulation E.coli transgressions and average FACE leaving the plant was 1.1mg/l with highest reading at 1.76mg/l and an isolated drop to 0.3 mg/l.  FACE levels in the reticulation were also good with levels between 0.75 and 1.24mg/l.

 

Table 3-2 summarizes the protozoa compliance requirements under the supply, as a Standard Supply.   A log 4 protozoa removal requirement most likely applies to the supply. 

 

Table 3‑2:  Protozoa Compliance and Monitoring Requirements for a Standard Supply.

Compliance Aspect

DWSNZ 2005 Reference and Criterion

Requirement

Method

Protozoa

Removal or inactivation

Section 5

Protozoa particle removal or inactivation

DWSNZ 2005 requires at least 4 log credit removal for protozoa for this supply.

Four log credit removal achieved  by Cartridge filtration(2)  in series with UV disinfection(5)

 

Cartridge Filtration

Flow

Continuously monitored via magflow meter.  Plant shut-down if flow >14L/sec.

 

 

Differential Pressure

 

Continuously monitored, alarmed at 250kPa, Plant shut-down at 350 kPa.

 

 

Turbidity

Continuously monitored pre and post filtration, alarmed at 0.4 NTU, Plant shut-down at 1 NTU for post filtration.

 

UV disinfection

Flow

Continuously monitored via magflow meter.  Plant shuts down when flow >14L/s.

 

 

Intensity

Continuously monitored Plant shut down if intensity  is
<40 mJ/cm2.

 

 

UVT

Manually monitored twice a week.

 

3.3.2      Chemical, (P2), Compliance

The supply has no P2 determinands monitoring requirements registered for the treatment plant or reticulation in WINZ and the raw water has no naturally occurring P2 chemical determinands of concern. 

 

3.3.3      Plumbosolvent Water

Plumbosolvent public notices are required in the format described in DWSNZ section 8.2.1 4,
Option a.  (2) to warn the public to flush taps which have not been used for several hours to avoid ingestion of corrosion by-products such as lead, nickel, cadmium and antimony dissolved from domestic tap fittings.  SDC includes this information in every copy of “First Edition” sent to ratepayers.

 

3.3.3.1    Algal Blooms and Toxins

Water take is from groundwater so not a problem.

 

3.3.3.2    Aesthetic Determinands

There have been no complaints from consumers in the last two years about taste, odour or colour in the water.  The reticulation monitoring shows fairly consistent levels of FAC, and turbidity within acceptable GV values.  Overall the water is of a good potable standard and has high acceptability from consumers. 

 

3.3.3.3    Disinfection By-products

There is no disinfection by-products registered on WINZ as P2 monitoring requirements for the supply as the supply was not included in the original Ministry of Health P2 monitoring programme.  Water testing history has shown turbidity isn’t elevated at the Otautau Plant after heavy rainfall, as evidenced by UVT and FAC results.

 

 

3.4         Internal Water Supply Management Systems Related to the WSP

 

Refer to the Water Supply Generic Provisions Document Section 1 for details of the current systems which apply to all of the supplies managed by SDC.

 

 

3.5         Performance Assessment of Water Supply Management

 

Refer to the Water Supply Generic Provisions Document Section 1 for details of the current performance assessment systems which apply to all of the supplies managed by SDC.


Council

07 September 2016

 

4            Risks to Public Health

 

4.1         Barriers to Contamination

 

Water quality is protected by having several effective barriers against bacteria and protozoa in place.  The barriers to contamination in place in the Otautau Water Supply are summarised in Table 4‑1. 

 

Table 4‑1 : Water Supply - Barriers to Contamination

Barrier

Barrier Description

Barrier Status

Stop contamination of raw water

No overall management plan is possible for the farmed catchment areas, largely under private ownership

SRC Regional Water Plan and Clean Streams Accord aims to minimise water pollution from agriculture

Resource consent conditions are imposed on all point source discharges to surface waters

SRC monitors all resource consents annually for compliance

Partially

Effective

Remove particles from the water

There are two in-line cartridge filters with particle removal down to one micron absolute.

Effective

Kill germs in the water

Chlorine disinfection has proven effective against bacteria and UV treatment is effective against Giardia and Cryptosporidium.

Effective

Prevent recontamination after treatment in the storage and reticulation system

Treatment Plant reservoir is covered and on private land in a remote location.

Reticulation monitoring of FAC and E.coli weekly by Downer shows effective FAC is maintained >0.2mg/l

Trained Downer contractor staff under contract performance measures does all repairs and maintenance. 

Effective

4.2         Risk Information Tables

 

The Ministry of Health WSP Guides for Drinking-water supply provide comprehensive schedules to manage the risk to public health. 

 

Table 4‑5, Table 4-6, Table 4-7 and Table 4-8 summarise these risk items and identify the areas of risk upon which SDC will prioritize its resources in the future for the Otautau water supply.

 

Relevant Contingency Plans which are to be invoked when events occur despite the Preventive Measures and Corrective Actions already in place are provided in Section 6.

 

Each hazard event in the table has been evaluated based on the likelihood of the event occurring and the consequences, (or expected outcome), if it occurs, with definitions provided in Table 4‑2 and Table 4‑3  respectively.  The overall risk estimate for each event is determined by using the risk level matrix provided in Table 4‑4.

 

Assigning a level of risk to each hazard event provides Council with a means by which they can prioritise the Improvements to be made to reduce or remove the level of risk from a particular event.  This can be dovetailed into the Annual Planning, Water Activity Management Plan and LTP process under the Local Government Act 2002 for capital works.

 

Table 4‑2 : Likelihood Rating Scale

Likelihood Rating

Description

Rare

May occur only in exceptional circumstances (once in 10 years)

Unlikely

Could occur (once in 5 years)

Possible

Will occur at once or twice a year)

Likely

Known to occur several times a year

Almost Certain

Is expected to occur in most circumstances

 

Table 4‑3 : Consequence Rating Scale

Consequence Ranking

Description

Insignificant

Insignificant.

Minor

Minor impact for small population / portion of the town.  No illness. 
Short disruption of service (<1 hour) to only part of the town.

Moderate

Moderate impact for whole town.  No illness.  Perhaps odour and discoloration.  Disruption of service for <4 hours or boil water notice necessary.

Major

Major impact to small population or part of the town.  Incident of illness related to drinking-water or loss of service for >4 hours.  Prolonged boil water notice.  Bad press and public suspicion of drinking-water quality.

Catastrophic

Major impact to whole town.  Several instances of illness in the community or instance of death.  Prolonged boil water notices.  Lengthy disruption to service (> 1 day) across whole town.  Significant negative press and public perception of drinking-water.

 

The numbering and reference colours used in Table 4‑4 : Summary of Risks to Public Health provide a guide to the risks to public health identified in Table 4‑5, Table 4-6, Table 4-7 and Table 4-8.

 

 

 


 

Table 4‑4 : Summary of Risks to Public Health

Consequence

 

 

Likelihood

 

Insignificant

(I)

Minor

(Mi)

Moderate

(Mo)

Major

(Ma)

Catastrophic

(Ca)

 

Almost Certain (AC)

 

 

 

 

 

 

Likely

(Li)

 

 

 

 

 

 

Possible

(Po)

 

 

 

 

 

 

Unlikely

(Un)

 

 

 

 

 

 

Rare

(Ra)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overall Risk Rating Key

Ins

Lo

Mod

Hi

Ex

 

Insignificant

Low

Moderate

High

Extreme

 

Control Limits as defined in Ch3, DWSNZ, are also specified where appropriate for treatment processes which define the limits desirable for the parameters being monitored.  The control limits are generally the high and low set points on intended to keep the process within the operational requirements of DWSNZ.  Corrective Actions and Contingency Plans to follow when control limits are exceeded are also shown in the Risk Information Tables. 

 

Risk Information Table 4‑5, Table 4-6, Table 4-7 and Table 4-8 give the full details of the risk assessment process used.


Council

07 September 2016

 

4.3         Risk Information Tables

 

Table 4‑5 : Risks to Public Health - Catchment, Source and Abstraction

Risk Event

No.

Potential Cause

Likelihood

Consequence

Overall Risk

Preventive / Mitigating Measures

Essential Monitoring Checks and Records

Immediate Corrective Actions

Future Preventive Measures/Corrective Actions

(Improvements)

Sources:

Contaminated source water.

 

1

Upstream waste discharges into the  source waters .

Po

Ma

Hi

Resource consents are required for the point discharges of treated effluent by ES and are enforced.

 

Operator visual checks on expected bad weather and heavy rainfall events.

Respond to low chlorine alarm and adjust chlorine dose.

 

Ensure SDC Water staff are informed by Environment Southland of any new discharge consent applications in the Otautau catchment likely to affect surface of groundwater quality.

2

Livestock and other animals within the catchment contaminate the groundwater .

 

 

Operator visual checks on raw water turbidity trends during plant visits two times a week.

Operator increases chlorine dose if turbid water has been or has to continue to be extracted due to supply demand.

(A requirement under the NES for Sources of Human Drinking-water effective from 1 July 2008.

3

Agrichemicals used within the catchment.

Regional Water Plan and Clean Streams Accord encourage farmers to minimise contamination of waterways.

 

Raw water turbidity continuously monitored.

 

 

FAC residual checks after breakpoint chlorination monitored semi-continuously. 

4

Rural Subdivision causes new pollution threats.

Rural Land Use Policy to address the adverse effects of intensive farming and forestry on rural land.

Record actions taken on the  plant log sheet.

Refer to Contingency Plans: 6.2;-Elevated Turbidity in source water.

Water Outlook online and site diary being kept.

 

6.3;-Contaminated source water reaches the Distribution System.

Sources:

Raw water quality too poor to treat

5

Heavy rain in catchment leads to elevated turbidity levels which enter treatment plant.

Po

Ma

Hi

Alarm levels set on the raw water turbidity.

Turbidity is continuously monitored entering the water treatment plant.

 

Shut down the plant and do not continue until the cause is found and remedied.

Catchment Risk Survey has been done.

Refer to Contingency Plans as above.

Sources:

Too little water can be drawn from the source

6

Drought depletion occurring

Mo

Mo

Daily abstraction rates are within the water take limits..

Monitor plant intake flow rates continuously by Magflow meter.

 

Plan for emergency water supply in case of serious plant failure.

7

Resource consent limits reached or exceeded

8

Major power or control failure.

Power failures are infrequent and of short duration usually. 

Operator visits include overall utility check.

 

Use reservoir storage in the short term if sufficient.

 

9

Major pipeline failure

Most breaks can be repaired quickly by Downer staff.

 

Record observations/ Corrective Actions taken in the plant log.

Provide alternative emergency supply if reservoir is run down.

 

 

10

Serious sabotage or vandalism

Plant is located at the end of a long driveway surrounded by residential landowners and the driveway has a locked gate.

Review plant security if interference or vandalism starts to occur.

Invoke emergency water use restrictions for the town under the Water Bylaw.

Review site security generally and improve it if vandalism becomes an issue.

 

 

 

 

 

 

 

 


 

Table 4‑6 : Risks to Public Health - Treatment Processes

Risk Event

No.

Potential Cause

Likelihood

Consequence

Overall Risk

Preventive / Mitigating Measures

Essential Monitoring Checks and Records

 

Immediate Corrective Actions

Future Preventive Measures / Corrective Actions

(Improvements)

 

Cartridge Filter Treatment-not removing particles down to 1 micron in size

 

11

Incorrect type of cartridge filter

Po

Ma

Hi

 

Use filters that have been certified or have been assessed

 

 

Make sure filter  Cartridge is compatible with the filter housing and record the type of filter used

 

Carry out regular replacement of filter cartridges and washing of pre-filters, and maintain records of when this is done

Make sure new batches of cartridges have certificates showing they meet specifications before buying

 

 

 

 

Keep flow rate less than design.

 

 

 

 

 

Carry out regular replacement of filter cartridges

Regular inspection

Follow method recommended by the manufacturer to determine when cartridge can no longer remove the target determinand

Keep flow rate less than the design maximum

National or international certificate of filters capabilities

Record of filter types used

Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH

 

Flow rates, or pressure drop across the filter(sudden changes in in flow or pressure may indicate a ruptured filter or pre-filter)

Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH

Quality documentation with cartridges

Flow rate

Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH

 

Records of filter maintenance and cartridge replacement

Flow rates, or pressure drop across the filter(sudden changes in in flow or pressure may indicate a ruptured filter or pre-filter)

Monitoring records

Target determinand concentration

 

 

 

 

Change to a different type of filter

 

 

 

 

 

 

Order another batch of cartridges

 

 

 

 

 

 

 

 

 Plant shut-down >14L/sec

 

 

 

 

Develop schedule of replacing filter cartridges

 

 

 

Continuously monitored, alarmed at 250kPa, shut down at 350kPa

 

 

Keep a list of filters that are compatible with the housing in use

 

 

 

 

 

 

 

 

Consider changing supplier