Agenda of Edendale-Wyndham Community Board

Edendale-Wyndham Community Board

22 November 2016

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Code of Conduct – COUNCIL, COMMUNITY BOARDS COMMUNITY DEVELOPMENT AREA sUBCOMMITTEES

Part One: Introduction

Schedule 7 of the Local Government Act 2002 (the Act) requires Council to adopt a code of conduct. Once adopted, all elected members are required to comply with the code.

In the context of this report, the term “elected members” refers to Councillors, Community Board members and Community Development Area Subcommittee (CDA) members.

This code of conduct provides guidance on the standards of behaviour that are expected from all the elected members of the Southland District Council. The code applies to elected members in their dealings with:

§ each other

§ the Chief Executive

§ all staff employed by the Chief Executive on behalf of the Council

§ the media

§ the general public.

This code also applies to all Council committees, Subcommittees and Community Boards.

The objective of the code is to enhance:

§ the effectiveness of the Council as the autonomous local authority with statutory responsibilities for the good local government of the Southland District

§ the credibility and accountability of the Council within its community

§ mutual trust, respect and tolerance between the elected members as a group and between the elected members and management.

This code of conduct seeks to achieve its objectives by recording:

§ an agreed statement of roles and responsibilities (recorded in Part Two of this Code)

§ agreed general principles of conduct (recorded in Part Three of this Code)

§ specific codes of conduct applying to particular circumstances or matters (also recorded in Part Three of this Code).

Elected members are primarily accountable to the electors of the district through the democratic process. However, elected members must note that the Auditor-General may hold them to account for unlawful actions or expenditure or for breaches of the Local Authorities (Members’ Interests) Act 1968.

The code of conduct that follows is based on the following general principles of good governance:

§ Public interest. Elected members should serve only the interests of the district as a whole and should never improperly confer an advantage or disadvantage on any one person.

§ Honesty and integrity. Elected members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

§ Objectivity. Elected members should make decisions on merit including making appointments, awarding contracts, or recommending individuals for rewards or benefits. Elected members should also note that, once elected, their primary duty is to the interests of the entire district, not the ward or community that elected them.

§ Accountability. Elected members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should cooperate fully and honestly with the scrutiny appropriate to their particular office.

§ Openness. Elected members should be as open as possible about their actions and those of the Council, and should be prepared to justify their actions.

§ Personal judgment. Elected members can and will take account of the views of others, but should reach their own conclusions on the issues before them, and act in accordance with those conclusions.

§ Respect for others. Elected members should promote equality by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation, or disability. They should respect the impartiality and integrity of the Council staff.

§ Duty to uphold the law. Elected members should uphold the law, and on all occasions, act in accordance with the trust the public places in them.

§ Stewardship. Elected members must ensure that the Council uses resources prudently and for lawful purposes, and that the Council maintains sufficient resources to meet its statutory obligations.

§ Leadership. Elected members should promote and support these proposals by example, and should always endeavour to act in the best interests of the community.

Part Two: Roles and Responsibilities

This part of the code describes the roles and responsibilities of elected members, the additional roles of the Mayor and Deputy Mayor, and the role of the Chief Executive.

Mayor

The Mayor is elected by the district as a whole and as one of the elected members shares the same responsibilities as other members of Council. The Mayor also has the following roles as a:

§ presiding member at Council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders);

§ advocate on behalf of the community. This role may involve promoting the community and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of the Council;

§ ceremonial head of Council;

§ providing leadership and feedback to other elected members on teamwork and Chairmanship of committees; and

§ Justice of the Peace (while the Mayor holds office).

The Mayor must follow the same rules as other elected members about making public statements and committing the Council to a particular course of action, unless acting in accordance with the rules for media contact on behalf of the Council under a delegation of authority from the Council.

Recent changes to the Local Government Act 2002 have provided additional powers to the Mayor. These powers relate to:

§ The appointment of the Deputy Mayor and Committee Chairpersons

§ The determination of the Committee structure

§ Leadership of budget, plans and key policy discussions.

Deputy Mayor

The Deputy Mayor may be appointed by the Mayor. If the Mayor declines to do this, then the Deputy Mayor must be elected by the members of Council, at the first meeting of the Council. The Deputy Mayor exercises the same roles as other elected members, and if the Mayor is absent or incapacitated, the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers, of the Mayor (as summarised above). The Deputy Mayor may be removed from office by resolution of Council.

Committee Chairpersons

As noted above, the Mayor has the power to appoint Chairpersons and to form Committees. If the Mayor declines to do this then the Council may create one or more committees of Council. A committee Chairperson presides over all meetings of the committee, ensuring that the committee acts within the powers delegated by Council, and as set out in the Council’s Delegations Manual. Committee Chairpersons may be called on to act as an official spokesperson on a particular issue. They may be removed from office by resolution of Council.

Councillors

Councillors acting as the Council, are responsible for:

§ the development and adoption of Council policy

§ monitoring the performance of the Council against its stated objectives and policies

§ prudent stewardship of Council resources

§ employment of the Chief Executive

§ representing the interests of the residents and ratepayers of the Southland District Council. (On election, the members’ first responsibility is to the district as a whole.)

Unless otherwise provided in the Local Government Act 2002 or in standing orders, the Council can only act by majority decisions at meetings. Each elected member has one vote. Any individual elected member (including the Mayor) has no authority to act on behalf of the Council unless the Council has expressly delegated such authority.

Community Boards

Within the Southland District there are eight community boards:

§ Edendale-Wyndham Community Board

§ Otautau Community Board

§ Riverton/Aparima Community Board

§ Stewart Island/Rakiura Community Board

§ Te Anau Community Board

§ Tuatapere Community Board

§ Wallacetown Community Board

§ Winton Community Board

The community board elected members, acting as the community board, have the role to:

§ represent, and act as an advocate for, the interests of its community

§ consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the community board

§ maintain an overview of services provided by the Southland District Council within the community

§ prepare an annual submission to the Southland District Council for expenditure within the community

§ communicate with community organisations and special interest groups within the community

§ undertake any other responsibilities that are delegated to it by the Southland District Council.

Community Development Area Subcommittees

Within the Southland District there are 19 CDAs:

§ Athol CDA

§ Balfour CDA

§ Browns CDA

§ Colac Bay CDA

§ Dipton CDA

§ Garston CDA

§ Gorge Road CDA

§ Limehills/Centre Bush CDA

§ Lumsden CDA

§ Manapouri CDA

§ Mossburn CDA

§ Nightcaps CDA

§ Ohai CDA

§ Orepuki CDA

§ Riversdale CDA

§ Thornbury CDA

§ Tokanui CDA

§ Waikaia CDA

§ Woodlands CDA

The CDA elected members, acting as the CDA, have the role to:

§ represent, and act as an advocate for, the interests of its community

§ consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the CDA

§ maintain an overview of services provided by the Southland District Council within the community

§ prepare an annual submission to the Southland District Council for expenditure within the community

§ communicate with community organisations and special interest groups within the community

§ undertake any other responsibilities that are delegated to it by the Southland District Council.

Chief Executive

The Chief Executive is appointed by the Council in accordance with section 42 of the Local Government Act 2002. The Chief Executive is responsible for implementing and managing the Council's policies and objectives within the budgetary constraints established by the Council. In terms of section 42 of the Act, the responsibilities of the Chief Executive are:

§ implementing the decisions of the Council

§ providing advice to the Council and community boards

§ ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised

§ managing the activities of the local authority effectively and efficiently

§ maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority

§ providing leadership for the staff of the local authority

§ employing staff on behalf of the local authority (including negotiation of the terms of employment for the staff of the local authority).

The Chief Executive is accountable to Council directly and not to Community Boards or Community Development Area Subcommittees.

Under section 42 of the Local Government Act 2002 the Chief Executive employs all other staff on behalf of the local authority.

Meeting Attendance

Elected members are expected to attend and participate in all Council meetings, Standing Committee meetings and sub-committee meetings to which they have been appointed, unless they have submitted an apology or obtained a leave of absence in advance for non-attendance.

All Councillors are expected to attend all workshops and those hearings that are held as part of the consultation process on Council documents, such as the Annual Plan and Long Term Plan.

From time to time, working parties will be established by the Council or a Standing Committee to achieve specific outcomes. Elected members are expected to make themselves available to be appointed to an equitable share of these working parties, and to attend all meetings of those to which they are appointed.

Appointments to Other Bodies

At the first meeting following the triennial elections and on other occasions (as appropriate) Council will appoint elected members to a variety of other bodies.

These appointments will be made on the basis of the best person for the specific role bearing in mind the skills required, the views of the Council and location of the elected member.

Relationships and Behaviours

This part of the code sets out the agreed standards of behaviour. Some of the matters described in this part of the code reflect other legislation such as the Local Authorities (Members’ Interests) Act 1968. The majority of the code is material that the Council has decided to include of its own initiative.

Relationships with Other Elected Members

Successful teamwork is a critical element in the success of any democratically elected organisation. No team will be effective unless mutual respect exists between members. With this in mind elected members will conduct their dealings with each other in ways that:

§ maintain public confidence in the office to which they have been elected

§ are open and honest

§ focus on issues rather than personalities

§ avoid aggressive, offensive or abusive conduct

§ treat people with courtesy and respect.

Elected members shall maintain the respect and dignity of their office in their dealings with each other, Council officers and the public.

Elected members should also note that discussions are not subject to privilege.

Elected members will act in good faith (i.e. honestly, for the proper purpose, and without exceeding their powers) in the interests of the Council and the community.

Elected members should remember that they have no personal power to commit the Council to any particular policy, course of action or expenditure and must not represent they have such authority if that is not the case.

Elected members will make no allegations regarding other elected members or Council officers which are improper or derogatory.

In the performance of their official duties, elected members should refrain from any form of conduct which may cause any reasonable person unwarranted offence or embarrassment.

Relationships with Staff

The effective performance of Council also requires a high level of cooperation and mutual respect between elected members and staff. To ensure that level of cooperation and trust is maintained, elected members will:

§ recognise that the Chief Executive is the employer (on behalf of Council) of all Council employees, and as such only the Chief Executive may hire, dismiss or instruct or censure an employee

§ make themselves aware of the obligations that the Council and the Chief Executive have as employers and observe those requirements at all times

§ treat all employees with courtesy and respect (including the avoidance of aggressive, offensive or abusive conduct towards employees)

§ observe any guidelines that the Chief Executive puts in place regarding contact with employees

§ not do anything which compromises, or could be seen as compromising, the impartiality of an employee

§ avoid publicly criticising any employee in any way, but especially in ways that reflect on the competence and integrity of the employee

§ raise concerns about employees only with the Chief Executive, and concerns about the Chief Executive only with the Mayor or the Executive Committee.

Elected members should be aware that failure to observe this portion of the code of conduct may compromise the Council’s obligations to act as a good employer and may expose the Council to civil litigation and audit sanctions.

Elected members should raise operational issues with the Chief Executive in the first instance. If it is a routine matter such as repairing a pothole, cutting of vegetation or footpath repairs, the issue should be logged with Customer Support who will enter the issue into our Request for Service system (RFS). This enables progress on these issues to be monitored.

Relationships with the Community

Effective Council decision-making depends on productive relationships between elected members and the community at large.

Members should ensure that individual citizens are accorded respect in their dealings with the Council, have their concerns listened to, and deliberated on in accordance with the requirements of the Act.

Members should act in a manner that encourages and values community involvement in local democracy.

Contact with the Media

The media plays an important part in local democracy. In order to fulfil this role the media needs access to accurate, timely information about the affairs of Council. From time to time, individual elected members will be approached to comment on a particular issue either on behalf of Council, or as an elected member in their own right. This part of the code deals with the rights and duties of elected members when speaking to the media on behalf of Council, or in their own right.

The following rules apply for media contact on behalf of Council:

§ the Mayor is the first point of contact for the official view on any issue. Where the Mayor is absent, any matters will be referred to the Deputy Mayor or relevant committee Chairperson

§ the Mayor may refer any matter to the relevant committee Chairperson or to the Chief Executive for their comment

§ no other elected member may comment on behalf of Council without having first obtained the approval of the Mayor.

Elected members are free to express a personal view in the media provided the following rules are observed:

§ media comments must not state or imply that they represent the views of Council

§ where an elected member is making a statement that is contrary to a Council decision or Council policy, the member must not state or imply that his or her statements represent a majority view

§ media comments must observe the other requirements of the code of conduct, or legislation e.g. not disclose confidential information, or compromise the impartiality or integrity of staff.

§ the elected member should ensure that any comments made do not compromise Council’s statutory responsibilities. In other words, it would not be appropriate to comment on matters before the Regulatory and Consents Committee, where this might compromise the statutory decision-making processes.

Meeting Decisions

Every elected member who has the right to speak can lawfully express his or her opinion at any Council or Committee meeting within the limits imposed by Standing Orders. These meetings are open to the media and their comments may be reported.

Once a matter has been determined at a Council meeting, it becomes the Council’s position until it is lawfully changed by a subsequent Council decision. All elected members and staff will respect this position.

The Mayor can make statements that accurately report Council decisions.

Committee Chairs can make statements that accurately report their Committee’s decisions, or factual statements about Council or Committee decisions.

Confidential Information

In the course of their duties elected members will occasionally receive information that may need to be treated as confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.

Elected members must not use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the elected member. Decisions on whether confidential information is able to be released are to be made by the Chief Executive in accordance with the provisions of the Local Government Official Information and Meetings Act 1987.

Elected members should be aware that failure to observe these provisions will impede the performance of Council by inhibiting information flows and undermining public confidence in the Council. Failure to observe these provisions may also expose Council to prosecution under the Privacy Act 1993 and/or civil litigation.

Information Received in Capacity as an Elected Member

Any information received by an elected member in his/her capacity as an elected member is official information under the Local Government Official Information and Meetings Act 1987 (LGOIMA). As such the Council has a requirement to hold that information in accordance with the provisions of LGOIMA and the Public Records Act 2005. As such a copy of any such information should be provided to the Chief Executive so that it can be held in accordance with Council record management policies.

This duty of disclosure will require elected members to whom information may be offered on the basis that confidence be preserved to inform the intended provider of the information of the duty of disclosure and to decline to receive the information if that duty is likely to be compromised.

Responding to Queries Involving Liability Issues

Elected members need to ensure they respond to queries in an appropriate manner and with due regard to the legal position of Council. At times, elected members are asked to become involved in legal disputes or insurance claims. Such matters should be referred to the Chief Executive. It is important that Council act in an appropriate manner with regard to legal and insurance issues. Often our insurance cover depends on the way we address or manage an issue.

Training, Conferences and Induction

Following the triennial election, the Chief Executive will organise induction training for all elected members who require it. This will address the role of elected members and provide valuable information about what an elected member needs to know.

Council has a budget for training and development of elected members. From time to time consideration will be given to attendance at the Local Government New Zealand Conference, Local Government New Zealand Zone meetings and New Zealand Planning Institute Conference. Other conferences or meetings may also be considered.

If an elected member wishes to attend a conference or meeting, then he or she should discuss this with the Mayor.

In the case of a Community Board or Community Committee elected member, an approach should be made to the Chairperson.

Costs incurred with attending training and conferences will be managed in accordance with the Elected Member Remuneration and Reimbursements Policy and the Sensitive Expenditure Policy.

Conflicts of Interest

Elected members must be careful that they maintain a clear separation between their personal interests and their duties as an elected member. This is to ensure that people who fill positions of authority carry on their duties free from bias (whether real or perceived). Elected members therefore need to familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 which concerns financial interests, and with other legal requirements concerning non-financial conflicts of interest.

The Act provides that an elected member is disqualified from office, or from election to office, if that member is concerned or interested in contracts under which payments made by or on behalf of the local authority exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the elected member’s spouse contracts with the authority or has a pecuniary interest. Elected members must declare their interests at Council meetings where matters in which they have a pecuniary or other conflict of interest arise.

Elected members shall annually make a general declaration of interest as soon as practicable after becoming aware of any such interests. These declarations are recorded in a register of interests maintained by Council. The declaration must notify the Council of the nature and extent of any interest, including:

§ any employment, trade or profession carried on by the elected member or the elected member’s spouse for profit or gain

§ any company, trust, partnership etc for which the elected member or their spouse is a director, partner, trustee or beneficiary

§ the address of any land in which the elected member has a beneficial interest and which is in the Southland District Council

§ the address of any land where the landlord is the Southland District Council and:

§ the elected member or their spouse is a tenant, or

§ the land is tenanted by a firm in which the elected member or spouse is a partner, or a company of which the elected member or spouse is a director, or a trust of which the elected member or spouse is a trustee or beneficiary

§ any other matters which the public might reasonably regard as likely to influence the elected member’s actions during the course of their duties as an elected member.

If the elected member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the elected member should seek guidance from the Chief Executive immediately.

Elected members may also contact the Office of the Auditor General for guidance as to whether that member has a pecuniary interest. If there is a pecuniary interest, the elected member may seek an exemption to allow that elected member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Office of the Auditor General for contractual payments to elected members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe the requirements of the Local Authorities (Members’ Interests) Act 1968 could potentially invalidate the particular decision made, or the action taken, by Council. Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authorities (Members’ Interests) Act 1968. In the event of a conviction elected members can be ousted from office.

Standing Orders

Elected members must adhere to any standing orders adopted by Council under the Local Government Act 2002. These standing orders are subject to the same legal requirements as a code of conduct with regard to their adoption and amendment.

Ethics

Southland District Council seeks to promote the highest standards of ethical conduct amongst its elected members. Accordingly, elected members will:

§ claim only for legitimate expenses as laid down by any determination of the Remuneration Authority then in force, and any lawful policy of Council developed in accordance with that determination

§ not influence, or attempt to influence, any Council employee to take actions that may benefit the elected member, or the elected member’s family or business interests

§ Only use Council resources (including facilities, staff, equipment and supplies) effectively and economically in the course of their duties, and within other guidelines, and not in connection with any election campaign or other personal business.

§ not solicit, demand, or request any gift, reward or benefit by virtue of their position

§ notify the Chief Executive if any gifts are accepted

§ where a gift to the value of $300 excluding GST or more is offered to an elected member, immediately disclose this to the Chief Executive for inclusion in the register of interests.

Acceptance of substantial gifts, favours or hospitality may be construed as a bribe or perceived as undue influence. Working meals and social occasions should be undertaken in an appropriate manner.

Disqualification of Members from Office

Elected members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years’ imprisonment, or if they cease to be or lose their status as an elector or are convicted of certain breaches of the Local Authorities (Members’ Interests) Act 1968.

Under the Local Government Act 2002, local authorities, when adopting a code of conduct, must consider whether or not they will require elected members to declare whether they are an undischarged bankrupt. This Council believes that bankruptcy does raise questions about the soundness of a person’s financial management skills and their judgment in general. The Council therefore requires elected members who are declared bankrupt to notify the Chief Executive as soon as practicable after being declared bankrupt.

Part Four: Compliance and Review

This part deals with ensuring that elected members adhere to the code of conduct and mechanisms for the review of the code of conduct.

Compliance

Elected members must note that they are bound to comply with the provisions of this code of conduct (Local Government Act 2002, Schedule 7, section 15(4)).

Elected members are also bound by the Local Government Act 2002, the Local Authorities (Members’ Interests) Act 1968, the Local Government Official Information and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and the Securities Act 1978. The Chief Executive will ensure that an explanation of these Acts is made at the first meeting after each triennial election and that copies of these Acts are freely available to elected members.

Short explanations of the obligations that each of these has with respect to conduct of elected members is attached in the Appendix to this code.

All alleged breaches of the code should be reported to the Mayor or Chief Executive. Any allegation of a breach of a code of conduct must be in writing, make a specific allegation of a breach of the code of conduct, and provide corroborating evidence.

In response to a breach, the Executive Committee will investigate the alleged breach and prepare a report for the consideration of Council. Before beginning any investigation, the committee will notify the elected member(s) in writing of the complaint and explaining when and how they will get the opportunity to put their version of events.

The Council will consider the report in open meeting of Council, except where the alleged breach relates to the misuse of confidential information, could impinge on the privacy of a member of staff or of the general public or other good reason, as defined in LGOIMA, exists for considering it in public excluded.

Responses to Breaches of the Code

The exact nature of the action the Council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.

Where there are statutory provisions:

§ breaches relating to members’ interests render elected members liable for prosecution by the Auditor-General under the Local Authority (Member’s Interests) Act 1968

§ breaches which result in the Council suffering financial loss or damage may be reported on by the Auditor-General under the Local Government Act 2002, which may result in the elected member having to make good the loss or damage

§ breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.

In these cases the Council may refer an issue to the relevant body, any member of the public may make a complaint, or the body itself may take action of its own initiative.

Where there are no statutory provisions, the Council may take the following action:

§ censure

§ removal of the elected member from Council committees and/or other representative type bodies

§ dismissal of the elected member from a position as Deputy Mayor or Chair of a committee.

A decision to apply one or more of these actions requires a Council resolution to that effect.

Review

Once adopted, a code of conduct continues in force until amended by the Council. The code can be amended at any time but cannot be revoked unless the Council replaces it with another code. Once adopted, amendments to the code of conduct require a resolution supported by 75 per cent or more of the elected members of the Council present.

Council will formally review the code as soon as practicable after the beginning of each triennium. The results of that review will be presented to Council for their consideration and vote.

Appendix to the Code of Conduct

Legislation Bearing on the Role and Conduct of Elected Members

This is a summary of the legislation requirements that has some bearing on the duties and conduct of elected members. Copies of these statutes can be found in the Council library or in the office of the Chief Executive.

Local Authority (Members’ Interests) Act 1968

This Act regulates situations where an elected member’s personal interests impinge, or could be seen as impinging on their duties as an elected member.

The Act provides that an elected member is disqualified from office if that elected member is concerned or interested in contracts under which payments made by or on behalf of the local authority exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or voting on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the elected member’s spouse contracts with the authority or has a pecuniary interest.

Members may also contact the Office of the Auditor General for guidance as to whether that elected member has a pecuniary interest, and if so, may seek an exemption to allow that elected member to participate or vote on a particularly issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Office of the Auditor General for contractual payments to elected members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authority (Members’ Interests) Act 1968. In the event of a conviction elected members can be ousted from office.

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meetings procedures and requirements. Of particular importance for the roles and conduct of elected members is the fact that the Chair has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

§ create a disturbance or a distraction while another elected member is speaking

§ be disrespectful when they refer to each other or other people

§ use offensive language about the Council, other elected members, any employee of the Council or any member of the public.

The Local Government Official Information and Meetings Act 1987 sets out the rules around provision of information. This is summarised as follows:

Official Information

The term “Official Information” refers to all information (with a few exceptions) held by a local authority. The Local Government Official Information and Meetings Act 1987 requires all official information to be available to the public unless there are good reasons for withholding it.

Requesting Information

In brief, the Act states:

· requests should be made with “due particularity” (rather than asking for all files about a general topic, which creates a large amount of work) (section 10)

· it is the duty of Council to assist people making requests (section 11)

· the Council must convey its decision on whether to grant the request within 20 working days and must also indicate any charges (section 13)

· information in documents may be made available by providing an opportunity for reading it or by providing a copy of it or by providing a summary or excerpt; however, it should be made available in the way preferred by the requestor unless there are reasons for not doing so (section 15).

Refusing Requests for Information

A request may be refused (section 17) if:

§ there is good reason to withhold it under section 6 or 7 of the Act

§ the information will soon be publicly available

§ the local authority does not actually hold the information

§ the information cannot be made available without substantial collation or research

§ the request is frivolous or vexatious.

Where a request is refused the Council must give its reasons and advise the requestor that there is a right to have the decision review by the Ombudsmen.

Sections 6 and 7 give the following reasons for withholding information:

§ making it available would be likely to prejudice the maintenance of the law, or endanger safety

§ withholding the information is necessary to:

- protect privacy

- protect information where its release would disclose a trade secret or would prejudice the commercial position of the person who supplied, or who is the subject of the information

- avoid offence to tikanga Maori or avoid disclosure of wahi tapu locations

- protect any obligations of confidentiality where making it available would affect the future supply of information or would otherwise damage the public interest

- maintain free and frank discussion or protect officers and elected members from harassment

- maintain legal professional privilege

- enable the Council to carry out without prejudice or disadvantage commercial activities or negotiations

- prevent the use of information for improper gain.

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

§ accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of Council

§ use information gained in the course of their duties for their, or another person's, monetary gain or advantage.

These offences are punishable by a term of imprisonment of seven years or more. Elected members convicted of these offences will also be automatically ousted from office.

Securities Act 1978

The Securities Act 1978 essentially places elected members in the same position as company directors whenever Council offers stock to the public. Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

Please note that Council is not required to produce a prospectus following the enactment of the Securities (Local Authority Exemption) Amendment Act 2008. In its place a shorter investment statement is required.

Local Government Acts 1974 and 2002

The various provisions of the Local Government Act 1974 and 2002 form the basis of local government. Local government is a creature created by statute and in place to meet the requirements of the Local Government Act.

Elected members should be aware of the purpose of local government (section 10 Local Government Act 2002)

1. The purpose of local government is:

(a) to enable democratic local decision-making and action by, and on behalf of, communities; and

(b) to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

2. In this Act, good quality, in relation to local infrastructure, local public services and performance of regulatory functions, means infrastructure, services and performance that are:

(a) efficient; and

(b) effective; and

In performing its role a local authority must have particular regard to the contribution that the following core services make to its communities

(a) network infrastructure;

(b) public transport services;

(d) the avoidance or mitigation of natural hazards;

(e) libraries, museums, reserves, recreational facilities and other community infrastructure

“(1) In performing its role, as outlined in section 14 of the Local Government Act 2002, a local authority must act in accordance with the following principles:

(a) a local authority should -

(i) conduct its business in an open, transparent and democratically accountable manner; and

(ii) give effect to its identified priorities and desired outcomes in an efficient and effective manner.

(b) a local authority should make itself aware of, and should have regard to, the views of all of its communities; and

(i) the diversity of the community, and the community’s interests, within its district or region; and

(ii) the interests of future as well as current communities; and

(iii) the likely impact of any decision on the interests referred to in subparagraphs (i) and (ii)

(d) a local authority should provide opportunities for Maori to contribute to its decision-making processes:

(e) a local authority should collaborate and co-operate with other local authorities and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources; and

(f) a local authority should undertake any commercial transactions in accordance with sound business practices; and

(fa) a local authority should periodically -

(i) assess the expected returns to the authority from investing in, or undertaking a commercial activity; and

(ii) satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and

(g) a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region; and

(h) in taking a sustainable development approach, a local authority should take into account:

(i) the social, economic, and cultural interests of people and communities; and

(ii) the need to maintain and enhance the quality of the environment; and

(iii) the reasonably foreseeable needs of future generations.”

Sections 44-46 of the Local Government Act 2002 outline action that can be taken by the Auditor General to recover a loss incurred by a local authority:

“(1) For the purposes of this section and sections 45 and 46, a local authority is to be regarded as having incurred a loss to the extent that any of the following actions and omissions has occurred and the local authority has not been fully compensated for the action or omission concerned:

(a) money belonging to, or administrable by, a local authority has been unlawfully expended; or

(b) an asset has been unlawfully sold or otherwise disposed of by the local authority; or

(d) a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.”

The Auditor General has the right to recover any such loss from each member of the local authority jointly and severally.

The Local Government Act deals with issues of governance, structure of local government, planning, decision-making and accountability, regulatory and enforcement, offences, penalties and other proceedings.

Resource Management Act 1991

This Act governs how Council should deal with land use and other planning processes. The Resource Management Act sets out to provide a range of rules that support a sustainable environment but also permits local autonomy based around the development of a District Plan that applies to each individual local authority.

Privacy Act 1993

The Privacy Act 1993 explains how Council should manage issues to do with information it holds to conduct its business. This could involve individual records relating to ratepayers or staff records for employees of Council.

Council must comply with the requirements of this Act and as part of this process a staff member has been appointed as the designated Privacy Officer. Any queries in relation to the Privacy Act should be directed to the Chief Executive in the first instance.

Health and Safety at Work Act 2015

Council has obligations to provide a safe working place for staff and members of the public. Attendance to health and safety concerns is part of the responsibility of each staff member and elected member.

Significant penalties exist where the provisions of the Health and Safety at Work Act 2015 are not adhered to.

Public Audit Act 2001

Council is publicly accountable under the provisions of the Public Audit Act 2001. As a result of this, an annual audit is undertaken under the direction of the Auditor General. This audit reviews the financial and non-financial performance of Council through the development and reporting of the Annual Report.

Edendale-Wyndham Community Board

22 November 2016

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Annual Plan 2017/2018 - Confirmation of Budgets

Record No: R/16/10/17837

Author: Kushla Tapper, Community Engineer

Approved by: Ian Marshall, Group Manager Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

1 This report provides an overview of the forecasted services for the Edendale-Wyndham Community Board in 2017/2018. It includes any variations from what was forecasted in year three of the 10 Year Plan 2015-2025.

2 Council has streamlined its 2017/2018 Annual Plan process and as a result the Community Board is only required to review your budgets for significant changes. In addition, consideration should be given to funding any significant changes from reserves where appropriate.

Executive Summary

3 The draft budgets will be incorporated into the Council’s Draft Annual Plan. If consultation is required, this will occur in February 2017 and March 2017. Once the plan is finalised (and subject to any changes resulting from submissions), the budgets shown for 2017/2018 will be used to set rates for the year beginning 1 July 2017.

Recommendation

That the Edendale-Wyndham Community Board:

a) Receives the report titled “Annual Plan 2017/2018 Confirmation of Budgets” dated 14 November 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 variations in the Edendale-Wyndham Community Board budgets from year three of the 10 Year Plan.

e) Agree that the Budgets for the year commencing 1 July 2017 be adopted for inclusion in the Council’s Draft Annual Plan (subject to any amendments made at the meeting).

f) Requests the levy of the following rates and charges (including GST) for the year commencing 1 July 2017 based on the approved budgets in (e) above.

Rate Description Rate (GST Incl)

CB Rate $165,221

Edendale Rate $5,206

Edendale Hall Rate $4,414

Wyndham Hall Rate $13,454

g) Requests the setting of the hall fees and charges (including GST) for the year commencing 1 July 2017, as attached in Appendix 3, for inclusion in the 2017/2018 Annual Plan.

Wyndham Hall Fees and Charges

Fee Description Rate (GST Incl)

All day hire (8 hours) $80

Main Hall per night $150 - $240

Committee Room $30

Supper Room $30

Kitchen and Supper Room $40

Kitchen and Committee Room $40

Bond may be imposed at the discretion of the custodian (no GST) $,1000

Diesel Charges Current Diesel Rate

If excessive staining of the floor and commercial cleaning is required the cost of such will be charged to the hirer.

h) Identifies the key highlights for the local area (to be agreed at the meeting).

Content

Background

4 The draft budgets for the Edendale-Wyndham Community Board for 2017/2018 have been based on forecasted information from year three of the 10 Year Plan 2015-2025.

5 The objective of this report is to highlight variations from year three of the 10 Year Plan and set rates for 2017/2018.

Overview of the process

Variances from Year Three of the 10 Year Plan

6 Other than the variances noted in the table below, there are no significant changes from what was originally included in year three of the 10 Year Plan.

Business Unit	Account	Annual Plan 2017/2018	10 Year Plan 2016/2017	Variance	Comments
Administration	21811 – Donations	$2,000	$526	$1,474	Donation towards Pool was shown as “Grants” in 16/17. $$ not confirmed, therefore included with other donations in budget.
Operating Costs	31542 – General Projects	$5,000	$3,681	$1,319	Slight increase for upcoming projects, to avoid dipping into reserves as “unbudgeted expenditure”.
Stormwater Drainage	35214 – Maint General	$8,610	$5,784	$2,826	Increase CB rate to same level as 16/17 - using stormwater maintenance account.
Playground	35214 – Maint General	$7,562	$2,314	$5,248	Moved the planned Improvements to General Maintenance.
Playground	65173 - Improvements	-	$5,248	($5,248)	Moved the planned Improvements to General Maintenance.
Library – Wyndham	23113 – Ordinary Time	-	$12,232	($12,232)	Impact of organisational review in 2015.
Library – Wyndham	23216 – Allowance – Taxable	-	$362	($362)	Impact of organisational review in 2015.
Library – Wyndham	23411 – Accident Compensation	-	$41	($41)	Impact of organisational review in 2015.
Library – Wyndham	43380 – Internal Wages Oncost	$13,471	-	$13,471	Impact of organisational review in 2015.
Camping Ground Wyndham	11112 – Lease Income	$6,000	-	$6,000	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	21513 – Advertising – Other	-	$195	($195)	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	31211 – Electricity	-	$9,706	($9,706)	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	31514 – Caretaker / Attendants	-	$3,358	($3,358)	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	31517 – Cleaning	-	$443	($443)	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	31527 – Mowing	-	$2,749	($2,749)	Camp ground is being leased privately from 1/11/16.
Camping Ground Wyndham	43346 – Work scheme service	-	$1,052	($1,052)	Camp ground is being leased privately from 1/11/16.
Hall - Wyndham	31552 – Operating Costs	$4,502	$4,040	$462	Increase Wyndham hall rate to $45 via the Operating Costs account.

Overall impact on Rates

7 The changes noted above have the potential impact on the Board’s rates as follows:

Rate Type	Basis of Rate	Actual 2015/2016 (incl GST)	Budget 2016/2017 (incl GST)	Proposed 2017/2018 (incl GST)
Edendale – Wyndham Community Board	Targeted Rate per Rating Unit	$139.53 $148,881	$154.27 $164,456	$154.27 $165,221
Edendale Pool	Targeted Rate per Rating Unit	$5.03 $5,199	$5.00 $5,167	$5.00 $5,206
Edendale Hall	Targeted Rate per Rating Unit	$25.91 $9,251	$12.06 $4,390	$12.06 $4,414
Wyndham Hall	Targeted Rate per Rating Unit	$41.60 $11,940	$42.38 $12,587	$45.00 $13,454

Rate Type

Basis of Rate

Actual 2015/2016 (incl GST)

Budget 2016/2017

(incl GST)

Proposed 2017/2018

(incl GST)

Edendale – Wyndham Community Board

Targeted Rate per Rating Unit

$139.53

$148,881

$154.27

$164,456

$154.27

$165,221

Edendale Pool

Targeted Rate per Rating Unit

$5.03

$5,199

$5.00

$5,167

$5.00

$5,206

Edendale Hall

Targeted Rate per Rating Unit

$25.91

$9,251

$12.06

$4,390

$12.06

$4,414

Wyndham Hall

Targeted Rate per Rating Unit

$41.60

$11,940

$42.38

$12,587

$45.00

$13,454

8 Consideration should be given to if all or some of the additional costs or projects could be funded from reserves or loans.

Assumptions made in preparing the Budgets

9 All assumptions that were made when preparing the 10 Year Plan have been applied in these budgets except the interest rate on borrowings. The interest rate applicable to community borrowings has been reduced from 6.25% per annum as per the 2015-2025
10 Year Plan, to 5.72% per annum to reflect the decline in market rates over the past year. This interest rate is based on the average BNZ three year fixed interest rate at the time of setting the 10 Year Plan and 2016/2017 Annual Plan assumptions. Please note, this interest rate is subject to confirmation by Council in December 2016, so could be subject to change.

10 Interest on community reserves (monies held on reserve by the community for various purposes) has been calculated at 4.19% on the average of these balances at year end and is consistent with the 2015-2025 10 Year Plan.

11 Inflation rates have also been kept consistent with BERL rates adopted in the
2015-2025 10 Year Plan except for significant contracts where the contract price is dependent on inflation rates (primarily significant roading, water, wastewater and refuse contracts).

12 In addition, inflation rates for salary costs have been updated to be in line with BERL’s indication for the year.

District Funding of Water and Wastewater

13 Council’s water and wastewater activities are funded by a fixed rate across the district for properties connected or able to be connected to a Council scheme. Decision making is the responsibility of the Council rather than community boards, but community boards are kept informed of planned projects as well as those in progress.

Stormwater Consenting Update

14 Council currently has discharge applications lodged with Environment Southland for a number of townships across the District. It is a requirement from Environment Southland that such discharges are consented in line with other authorities within the region.

15 Council staff are preparing a proposed monitoring regime which will be submitted to Environment Southland for consideration while the consent applications are processed. Although Council hope to receive approvals from submitters, Environment Southland consents staff have indicated that there may still be the need to proceed with a formal hearing. If this is the case it is expected to be held before April 2017.

16 Stormwater costs are the responsibility of each community, and therefore the outcome of any hearing and the subsequent monitoring and capital costs will need to be funded by the relevant community.

Fees and Charges

17 As part of the 2017/18 Annual Plan process, Council are required to set all Council related fees and charges.

18 Council has a legislative requirement to publish all fees and charges imposed by Council or Council committees. This is achieved by way of Council’s annual Fees and Charges booklet. The Fees and Charges booklet is a single document where ratepayers and Council staff can locate all charges in one place for the relevant financial year. The Fees and Charges booklet Council is currently preparing is for the 2017/2018 year, and will take effect from 1 July 2017.

19 To assist with this process, we require you to advise of all your hall’s fees and charges for the year from 1 July 2017, and as such, we have included a recommendation to this effect in this report. To assist with the process we have included the current hall charges for 2016/2017 in Appendix 3.

Factors to Consider

Legal and Statutory Requirements

20 The Annual Plan 2017/2018 is a requirement of the Local Government Act 2002 and is also closely aligned with the Local Government (2002) Rating Act.

Community Views

21 If there are significant or materially different variances from the whole 10 Year Plan, these will be included in a consultation document and released for public consultation from
6 February 2017 to 20 March 2017. As a result of the submission process, amendments may be made prior to Council formally adopting the Annual Plan in June 2017.

Policy Implications

22 The 10 Year Plan sets out the directions or outcomes the community desires and the activities of Council that will contribute to achieving these outcomes over 10 years. These budgets have been prepared using year three forecasted data in the 10 Year Plan. Any differences between the 10 Year Plan and Annual Plan budget have been identified and explained in the Issues Section of this report.

Analysis

Options Considered

23 The Engineer has reviewed the original 10 Year Plan numbers and revised as necessary, the options are to accept the report or amend it.

Analysis of Options

Option 1 - Accept the budgets as proposed in this report

Advantages

Disadvantages

· Enables an Annual Plan to be compiled in with in the set time frame.

· The cost and associated funding for preparing and consulting on the 2017/2018 Annual Plan are included in the organisations approved operational budgets.

· None.

Option 2 - Amend the budgets proposed in this report

Advantages

Disadvantages

· Further changes can be made to the 10 Year Plan budgets.

· Rates requirement may need to be recalculated.

· May impact the delivery of the
Annual Plan within the set timeframe.

Assessment of Significance

24 The contents of this report is not deemed significant under the Significance and Engagement Policy.

Recommended Option

25 Option 1 accept the budgets as proposed in this report is recommended.

Next Steps

26 The budgets will be summarised in Council’s Draft Annual Plan. If there are significant or materially different variances from the 10 Year Plan, these will be included in a consultation document and released for consultation in February 2017. The final Annual Plan including changes made as a result of consultation, will be adopted by Council in June 2017.

Appendices

27 This report has the following appendices:

Appendix 1: This section is broken into rate types and includes a list of business units that make up the rate type and financial summary statement which shows the expenditure and income and rates calculation.

Appendix 2: A list of reserves with the opening balance and projected closing balance.

Appendix 3: A list of hall fees that are current and needs to be set for 2017/2018 year.

Attachments

There are no attachments for this report.

Edendale-Wyndham Community Board

22 November 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 1 October 2016.

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

Edendale-Wyndham Community Board

22 November 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
Strategic Property	Asset owner
Community Engineers	Manage daily activities including all contracts
Customer Support	Initial point of contact for enquiries and control burial warrant process
Records Management	Manage records

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
Southland District Council Cemetery Bylaw 2010	R/10/3/2938	This 2010 Bylaw got split into the SDC Cemetery Bylaw 2016, and the SDC Cemetery Management Policy.
Southland District Council Cemetery Bylaw 2006		Superseded by 2010 Bylaw.

Edendale-Wyndham Community Board

22 November 2016

POLICY: GAMBLING VENUE POLICY

GROUP RESPONSIBLE: Regulatory Services

DATE APPROVED: 15 May 2013

DATE AMENDED: 7 September 2016

DOCUMENT NO: R/16/8/13643

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

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

ii. is incorporated and conducted solely for authorised purposes.

Corporate Societies may therefore include clubs (RSA, sports clubs etc.), trusts and racing clubs.

DIA - means the Department of Internal Affairs.

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, 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 DIA.

• 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 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.

• 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 1 October 2016.

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.

Edendale-Wyndham Community Board

22 November 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.. 6

12 PERMITS.. 6

13 OFFENCES AND PENALTIES.. 7

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 on 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	means 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 the 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

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

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

(ii) Be located adjacent to the business to which it relates; and

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

(iv) Have a minimum width of Footpath free of objects, adjacent to the Footpath Sign or Flag Sign, of 1.5 metres; and

(v) Be placed immediately adjacent to the Footpath kerb; and

(vi) Not protrude onto the vehicle carriageway of a road; and

(vii) Not, alone or with other Footpath Signs or Flag 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) Have a clearance height of a minimum of 2.1 metres above the ground; and

(iii) Not protrude onto the vehicle carriageway of a road; and

(iv) 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.

PART 4

STANDARD CONDITIONS

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.

9.2 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.

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.

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.

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.

Edendale-Wyndham Community Board

22 November 2016

1.0 PURPOSE

This policy provides guidance on the administration, use, maintenance and development of reserves across the Southland District.

2.0 SCOPE

Policy statements in this document apply to all parks, reserves and open spaces controlled by Southland District Council unless specific exemption is provided in individual Reserve Management Plans.

3.0 DEFINITIONS

Term	Meaning
Activity Management Plan (AMP)	The Parks and Reserves Activity Management Plan is used to document Council’s management practices for parks and reserves over a 30 year period.
Council/the Council	Southland District Council as the land owner/ administering body of reserves.
Long Term Plan (LTP)	Southland District Council’s Long Term Plan. It is also referred to as the 10 Year Plan.
Parks, Reserves and Open Spaces	The term reserve refers to any parcel of land owned, administered and/or managed by Council, as a reserve, park, or open space.
Reserve Management Plan	Reserve Management Plans are a requirement of Section 41 of the Reserves Management Act 1977. Reserve Management Plans provide direction for the day-to-day management of reserves and details about factors that impact upon reserves. They also establish clear directions for future management and development.
Unmanned Aerial Vehicles/ UAVs	The term Unmanned Aerial Vehicle (UAV) is defined in the Southland District Council Unmanned Aerial Vehicles Policy. The term UAV covers all electric powered remote controlled model aircraft, including the type commonly referred to as ‘drones’ that are capable of vertical take-off and landing and small hand-launched gliders with less than a 1.5 metre wing span.

4.0 BACKGROUND

Southland District has 155 reserves, parks and open spaces, distributed over a land area of 30,400.94 km². Southland District’s reserves offer an extensive range of recreational opportunities and environmental characteristics.

Reserves owned, administered and/or managed by the Council have two distinct forms of legal status:

• land held subject to the Reserves Act 1977, and classified according to its principal purpose

• freehold land held by Council in fee simple title for parks purposes but not held under the Reserves Act.

The Reserves Act 1977 applies to all public land that has been vested or gazetted under the Act and specifies in general terms the purpose of each class of reserve. The Act also requires that each reserve be managed in accordance with its purpose and classification.

The terms parks, reserves and open spaces could also refer to parcels of land held by the Council for a wide variety of purposes akin to those described in the Reserves Act or the Local Government Act 2002. Not all of these parcels of land are protected under these Acts.

Southland District’s parks, reserves and open spaces are governed and regulated by a broad range of legislation, plans, policies and bylaws.

4.1 The Reserves Act

The Reserves Act 1977 applies to land that is gazetted as a reserve under the Act. While the term park(s) is used in this document, not all parks are reserves under the Reserves Act 1977. The management of these parks, however, will not differ in general terms from reserves as defined by the Reserves Act 1977.

Under Section 41 of the Reserves Act 1977, the Council is required to keep Reserve Management Plans under continuous review. Since Reserve Management Plans are aligned to the General Reserves Management Policy, this policy will also be kept under continuous review.

4.2 Local Context

As well as aligning with other Southland District Council Plans and Policies, the General Reserves Management Policy also adheres to Environment Southland’s Regional Plan and Ngāi Tahu ki Murihiku’s Natural Resource and Environmental Iwi Management Plan 2008 - e Tangi a Tauira - The Cry of the People.

5.0 POLICY STATEMENTS

5.1 Council Approval

Some activities outlined in this policy require specific approval or authorisation from the Council. The nature and context of the activity will determine how approval may be granted. For further information on how to obtain approval for specific activities, please contact Southland District Council.

5.2 General Access

Unless it is limited by the Reserves Act 1977, public access to reserves is a right.
The Council provides a level and standard of access to reserves that is appropriate to how each reserve is used.

Several factors may impact on public access to reserves. These include:

• leases or licences to occupy the reserve held by third parties

• safety issues

• activities that are occurring on a reserve for a period of time (eg planting or construction) or

• other restrictions under the Reserves Act 1977.

Clubs and organisations may gain exclusive use of a reserve for a specific period of time (eg during organised sports teams training or match occasions) with prior written approval from the Council.

From time to time, reserves may be closed to the public and a rental charged for the entry by an organisation staging a special event. This is subject to Section 53(1)(e) of the Reserves Act 1977 and requires the written approval of the Council.

5.3 Pedestrian Access

If required, pedestrian access will be controlled by the provision of walking tracks, footpaths and footbridges.

Where practical, access to reserves and reserve facilities will be inclusive and will consider universal design. Walking tracks will be maintained to the appropriate standard developed by the Department of Conservation and Standards New Zealand
as set out in the “New Zealand Handbook - Tracks and Outdoor Visitor Structures (SNZ HB 8630:2004)”.

5.4 Vehicle Access

Council may provide access roads and parking facilities within reserves. Motorised vehicles, other than maintenance vehicles, must only be used on roadways or parking areas unless prior written approval from the Council has been obtained.

Use of non-motorised vehicles (such as bicycles, skateboards and roller-blades) is permitted provided their use does not endanger other reserve users, cause damage to the reserve or make undue noise.

Non-motorised vehicles should not be used on walking tracks unless there is a sign indicating that their use is permitted.

5.5 Leases and Licences to Occupy

The Council may enter into formal lease agreements on reserve land when the land is available and there is a clear requirement for consistent use or service or a demonstrated opportunity for reliable improvement in service. Management responsibilities of the lessee will be clearly identified in the lease agreement.

5.6 Animals

Dog access to parks and reserves is determined by Southland District Council’s Dog Control Bylaw 2015. The Dog Control Bylaw 2015 also determines what degree of control is required on reserves where dogs are allowed.

Signage or information in the Reserve Management Plans will indicate if other animals are specifically excluded on any reserve.

Council may use grazing as a management tool on reserves. Grazing will comply with the Southland District Council Roading Bylaw and the Southland District Council Keeping of Animals, Poultry and Bees Bylaw.

5.7 Aircraft and Helicopter Landings

Landing an aeroplane, helicopter or any kind of flying machine in a Council reserve is not permitted without prior written approval from the Council.

Emergencies are an exception to this rule. Parties wishing to use any reserve for the purpose of landings during special events or for approved training exercises should contact Southland District Council for further advice.

5.8 Sale and Consumption of Alcohol

Consumption of alcohol in public spaces is regulated by legislation and the Alcohol Control Bylaw. The sale and supply of alcohol is regulated by the Sale and Supply of Alcohol Act 2012. Council permits special licences to be issued for the sale and supply of alcohol on reserves. Club licences may be issued to lease holders within reserves.

5.9 Trading

Trading in reserves must comply with Section 54 (1) (d) of the Reserves Act 1977 and may be subject to the Trading in Public Places Bylaw.

Section 54 (1) (d) of the Reserves Management Act 1977 allows trading to occur under leases and licences or for a temporary occupation of not more than six consecutive days. Trading activities must be necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve.

Applications to trade in reserves for a period of not more than six consecutive days will be administered under the Trading in Public Places Bylaw. Applications to trade in reserves for a longer time period will require a lease or licence. If trading is contemplated under the relevant Reserve Management Plan, applications will not be publicly notified. If trading is not contemplated under the relevant Reserve Management Plan, applications will be publicly notified and an opportunity for objections will be provided.

When making decisions regarding applications to trade on reserves, Council will consider a number of factors including the nature of trading, its impact on other reserve users and the effect on the reserve and existing infrastructure and facilities.

5.10 Fires

Lighting fires outside of a contained barbecue is not permitted on reserves unless there is prior written approval from the Council and the Southern Rural Fire Authority.

5.11 Fireworks Displays

Fireworks displays must:

• be approved by the local community board, community development area subcommittee or Council

• be undertaken only by people authorised by Council

• have a safety plan (including fire control) that has been approved by the Council

• have any approvals required under the Hazardous Substances and New Organisms Act

• have a fire permit issued by the Southern Rural Fire Authority if the display is during a Restricted Fire Season.

5.12 Buildings and Structures

The number of buildings and structures on reserves will be limited to a level that facilitates the safe and appropriate use of each reserve. Sharing facilities by more than one club or group is encouraged.

All new buildings or major changes to existing buildings and structures on reserves require approval from Council as the land owner of the reserve. Council will consider how buildings and structures will integrate with the natural environment of the reserve. The Building Act 2004 and the Southland District Plan may also include other requirements which must be met.

Buildings and structures will be maintained to a high standard and, where practical, designed to limit the opportunity for vandalism.

5.13 Boundaries and Fencing

The Council will reach an agreement with adjoining land owners on the type and standard of fencing and the contributions made by each party. On occasion, fencing may not be required. Required contributions may be financial or made through the provision of materials or labour.

There may be some situations where Council is not required to contribute to a boundary fence, for example if there is an existing fencing covenant.

Consideration will be given to the needs of the Council and the adjoining land owner. The characteristics of the reserve and the land use of adjoining neighbours will also influence Council’s decisions in relating to fencing. Decisions relating to fencing will be formalised through a fencing agreement.

Where it is impractical or undesirable to erect a fence on a reserve boundary, the fence may deviate from the legal boundary with the agreement of the adjoining land owner.

5.14 Toilets

A district-wide approach is taken to the number, location and standard of public toilets. Proposals for new toilets are considered against criteria which take into consideration requirements and availability across the District.

5.15 Play Equipment

All new playgrounds and replacement of playground equipment will comply with the Building Act 1991, the Resource Management Act 1991 and the New Zealand Safety Standards NZS 5828:2004 or subsequent updates.

The design and location of each playground will reflect the visual character of the reserve and consider environmental factors such as the orientation of the sun, shelter from the wind, visibility and disturbance to adjoining properties.

5.16 Signs and Interpretation

The placement of signs on reserves by non-Council organisations requires written approval from Council. Advertising signs are subject to the Southland District Plan.

Council will ensure that new or replacement signage identifies places that are of cultural significance in accordance with the Ngāi Tahu Claims Settlement Act 1998.

5.17 Electoral advertisements and hoardings

No election hoardings and signs are permitted to be placed or erected in Council controlled or owned parks, reserves and open spaces.

5.18 Pest Plant and Pest Animal Control

Pest plants and animals on Council reserves will be controlled in accordance with Environment Southland’s Regional Pest Management Strategy.

5.19 Litter Control and Dumping

Litter bins may be provided on reserves at strategic locations and in sufficient numbers to meet the reasonable demands of the users. These bins will be cleared regularly to prevent overfill and spillage.

Where there are no litter bins, reserve users are required to remove all litter from the reserve. The dumping of refuse including garden waste on reserves is an offence under the Litter Act 1979.

5.20 Landscaping, Amenity Planting and Areas of Native Vegetation

Landscaping, amenity planting and vegetation management will be undertaken on reserves in accordance with Reserves Management Plans.

Any new plantings on a reserve will consider visibility and safety. The retention of indigenous vegetation and threatened plants on reserves is a priority for the Council. Where possible, existing native vegetation on reserves shall be preserved and revegetated using locally sourced native species. The use of exotic species will be restricted to areas where exotic species predominate and/or the recreational use of the reserve would be enhanced by the use of exotics (eg for shade).

The removal or damage to any tree, shrub or plant material from within reserves is prohibited without the prior written approval of the Council.

5.21 Memorials

Memorials and plaques for individuals are only permitted in locations identified in Reserve Management Plans. All memorial plantings and commemorative plaques require written approval from the Council.

5.22 Monuments, Artwork and Sculptures

Monuments, art work and sculptures must have relevance to the reserve and enhance the natural surroundings. When determining whether the placement of a monument, artwork or sculpture is appropriate, the nature of the item, the proposed location, reserve use and reserve values will be considered.

Maintenance of monuments, artworks and sculptures will be undertaken by Council staff, or contractors, unless agreed otherwise at time of construction.

5.23 Outdoor Furniture

Outdoor furniture will be appropriate to the needs of reserve users. The nature of outdoor furniture, including materials and colour will be consistent with the natural surroundings. All outdoor furniture will be approved by the Council.

Maintenance of outdoor furniture will be undertaken by the Council staff or contractors.

5.24 Network Utility Infrastructure

Reserves are often crossed by network utility infrastructure, particularly power pylons. While most of these have been in place for many years, the Council will only consider new requests to place utility infrastructure in a reserve if all alternative options have been considered.

5.25 Lighting

Lighting may be provided for walkways and parking areas in reserves. Impacts on adjoining land owners are considered in relation to ground lighting or lighting outside buildings.

Where there are sports grounds in a reserve, lighting for night time training may be considered. Controls on lighting usage may be imposed by the Council.

6.0 ROLES AND RESPONSIBILITIES

Reserve users are responsible for ensuring that their use, activity, or any associated buildings or structures comply with relevant legislation, the Southland District Plan, Southland District Council Policies and Council Bylaws.

Some other documents which regulate activity on reserves are provided in the table below.

Activity	Regulated by
Camping	Freedom Camping Bylaw
Consumption of alcohol in public places	Alcohol Control Bylaw and Summary Offences
Sale and supply of alcohol	Sale and supply of Alcohol Act 2012
Dogs	Dog Control Bylaw and Dog Control Act 1996
Other animals	Keeping of Animals, Poultry and Bees Bylaw
Trading	Trading in Public Places Bylaw
Unmanned aerial vehicles	Unmanned Aerial Vehicle Policy

7.0 ASSOCIATED DOCUMENTS

This document should be considered in the context of the following associated documents:

Bylaws:

• Southland District Council Dog Control Bylaw

• Southland District Council Keeping of Animals, Poultry and Bees Bylaw

• Southland District Council Alcohol Control Bylaw

• Southland District Council Trading in Public Places Bylaw

• Southland District Council Animal Management Bylaw

• Southland District Council Freedom Camping Bylaw

• Southland District Council Roading Bylaw

Plans:

• Reserve Management Plans

• Southland District Plan

• Southland District Council Long Term Plan

• Parks and Reserves Activity Management Plan

• Southland District Council Animal Management Bylaw

Strategy:

• Southland District Council Open Spaces Strategy

Policies:

• Southland District Council Unmanned Aerial Vehicles Policy

• Southland District Council Smoke Free Open Spaces Policy

Acts:

• Reserves Act 1977

• Resource Management Act 1991

• Local Government Act 2002

• Sale and Supply of Alcohol Act 2012

• Building Act 2004

• Health Act 1956

• Fencing Act 1978

8.0 REFERENCES

• New Zealand Handbook - Tracks and Outdoor Visitor Structures
(SNZ HB 8630:2004)

• New Zealand Safety Standards NZS 5828:2004

9.0 REVISION RECORD

Date	Version	Revision Description
«Type Date»	«Version»	«Revision»
«Type Date»	«Version»	«Revision»
«Type Date»	«Version»	«Revision»

[1] Local Government Commission determination – 10 April 2013

[2] Local Government Act 2002, Schedule 7, Clause 32

Members	Denise Fodie
	Andrew Roy
	Melanie Shepherd
	Pam Yorke
	Councillor Paul Duffy

Authorising body	Council
Approval date	26 October 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.

Advantages	Disadvantages
· There are no advantages	· Council officers and Community Board unable to achieve work in the Boards area as no meetings are being held.

Advantages	Disadvantages
· Council officers and Community Board are able to achieve work in the Boards area as meetings are being held on a regular basis	· There are no disadvantages