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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Monday, 21 November 2016

1pm

Gorge Road Community Centre
Factory Road
Gorge Road

 

Gorge Road and Districts Community Development Area Subcommittee Agenda

 

OPEN

 

 

MEMBERSHIP

 

Chairperson

Ray Waghorn

 

Deputy Chairperson

Mark Hamill

 

Members

George Kevern

 

 

Gay Munro

 

 

Helen O'Connor

 

 

Bevan Pirie

 

 

Councillor Julie Keast

 

 

IN ATTENDANCE

 

Committee Advisor

Fiona Dunlop

 

Community Engineer

Brendan Gray

 

 

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 

 


Terms of Reference for CDAs

 

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

 

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

 

It can make decisions on:

·                     Managing local halls and cemeteries

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

 

It can make recommendations to Council on:

·                     Priorities for services and development within the community

·                     Local rates

·                     Spending outside the approved annual budget

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        5

2          Leave of absence                                                                                                           5

3          Conflict of Interest                                                                                                         5

4          Public Forum                                                                                                                  5

5          Extraordinary/Urgent Items                                                                                          5

6          Confirmation of Minutes                                                                                               5

Reports

7.1       Annual Plan 2017/2018 - Confirmation of Budgets                                                  13

7.2       Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 31 October 2016                                   21

7.3       Financial Report to Gorge Road Community Development Area Subcommittee for the year ended 30 June 2016                                                                                      27

7.4       Recently adopted Bylaws and Policies                                                                     31

7.5       Elected Members' Expense Reimbursements and Allowances                             79

 

Chair’s Update

Councillor Update

Next Meeting

 


1          Apologies

 

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

 

2          Leave of absence

 

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

 

3          Conflict of Interest

 

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

 

4          Public Forum

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

 

5          Extraordinary/Urgent Items

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

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

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

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

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

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

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

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

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

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

 

6          Confirmation of Minutes

6.1         Meeting minutes of Gorge Road and Districts Community Development Area Subcommittee, 20 June 2016


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Gorge Road and Districts Community Development Area Subcommittee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Gorge Road and Districts Community Development Area Subcommittee held in the Gorge Road Community Centre, Factory Road, Gorge Road, Gorge Road on Monday, 20 June 2016 at 1.05pm.

 

present

 

Chairperson

Ray Waghorn

 

Deputy Chairperson

Mark Hamill

 

Members

George Kevern

 

 

Gay Munro

 

 

Helen O'Connor

 

 

Councillor Julie Keast

 

 

IN ATTENDANCE

 

Committee Advisor

Fiona Dunlop

 

Community Engineer

Brendan Gray

 

 


1          Apologies

 

An apology from Bevan Pirie was received.

 

Moved Deputy Chairperson Hamill, seconded Member Kevern and resolved:

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

 

2          Leave of absence

 

There were no requests for leave of absence.

 

3          Conflict of Interest

 

There were no conflicts of interest declared.

 

4          Public Forum

 

There was no public forum.

 

5          Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

6          Confirmation of Minutes

 

Resolution

Moved Deputy Chairperson Hamill, seconded Member Kevern  and resolved:

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

That the three references to the Gorge Road War Memorial Flagpole be changed to Oteramika Memorial Flagpole.

 

Reports

 

 

7.1

Bylaw Review Process

Record No:         R/16/4/5195

 

The Subcommittee noted that the purpose of the report was to inform  of the review of various bylaws which Council will be reviewing in 2016.

 

The following are drivers for each review:

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

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

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

 

The Subcommittee also noted that Community views would be considered during the formal consultation and pre-consultation engagement.

Also noted was that Community Boards and Community Development Area Subcommittees are asked to make submissions during the consultation period.

 

 

Resolution

Moved Member Munro, seconded Member O'Connor  and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

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

 

 

7.2

Draft Unmanned Aerial Vehicles Policy

Record No:         R/16/4/5647

 

(Councillor Keast joined the meeting at 1.11pm.)

 

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

 

Also noted was that under new rules introduced by the Civil Aviation Authority, that Council can grant or decline consent for the use of Unmanned Aerial Vehicles on property that it owns or controls. The draft Policy sets a framework to allow Council to do this.

 

The Subcommittee further noted that the draft Policy contains broad conditions which would apply throughout the Southland District. Feedback is requested from Community Boards and Community Development Area Subcommittees to determine whether Council should consider prohibition or restriction in specific local areas.

 

The Subcommittee considered the areas in the Gorge Road and District boundaries and confirmed that there are no local areas that should be considered as restricted or prohibited areas for the use of unmanned aerial vehicles.

 

 

 

Resolution

Moved Chairperson Waghorn, seconded Deputy Chairperson Hamill recommendations a to c and d with changes (as indicated) and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

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

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

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

d)        Confirms that it has no Recommend any local areas that should be considered as restricted or prohibited areas for the use of unmanned aerial vehicles.

 

 

7.3

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

Record No:         R/16/5/7801

 

Brendan Gray, Community Engineer, was in attendance for this item.

 

Mr Gray reported that:

·                    An independent assessment of the trees in the Recreation Reserve has been undertaken to advise which trees should be completely removed or at least trimmed back.  This is to ensure ongoing tree health, safety of Recreation Reserve users and vehicles on the Gorge Road.

·                    Small signs to indicate areas planted out by specific groups have been priced and it is anticipated they will be mounted on 100 x 100 H3 treated posts cut on an angle with the signs mounted to them. 

·                    There are areas which still need planting out with the only groups noted on the planting schedule being Waituna Landcare Group and the Gorge Road School. 

·                    There has been suggestion to extend the walking track to make a larger loop, finishing (or starting) at the rear of the Community Centre and users would be able to park in the area outside the toilets and walk around the track exiting onto Gorge Road and traversing the footpath past the school to the beginning.  A donation of gravel from Wilsons Contracting has been agreed from their pit.  A request for unbudgeted expenditure will be required should the Subcommittee wish to proceed with the extension to the track.

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

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

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

 

 

Resolution

Moved Member Munro, seconded Deputy Chairperson Hamill recommendation a with new recommendations b and c (as indicated) and resolved:

That the Gorge Road and Districts Community Development Area Subcommittee:

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

 

b)         Request that four signs be produced for installation at the Recreation Reserve to indicate the areas planted out.

 

c)         Request that Officers proceed with the extension to the walking track and that a report be prepared for a request of unbudgeted expenditure to enable the track to be completed and investigate sources of donations/grants to enable the completion of the project.

 

Councillor’s Report

 

Councillor Keast updated the Subcommittee on various Council issues.  She highlighted that the Around the Mountains Cycle Trail Resource Consent appeal is progressing, Te Anau Wastewater Project Committee is still working on alternatives, Community Conversations across the District have been held.  The Curio Bay Wastewater scheme will be commencing soon and that she had attended the recent LGNZ Rural and Provincial meeting.

 

Chair’s Report

 

The Chair raised an issue with the Subcommittee about roadside fences being removed and new fences being erected in the road reserve (effectively increasing property size).  The Community Engineer advised that there is a policy for the provision of permanent fencing on road reserve but landowners need to apply to Council and every site/situation will be different. As long as it is only being completed on one side and the fencing meets the clear zone standard then the application is likely to be successful.

The Community Engineer commented that he would prefer that temporary roadside fencing was erected in road reserve and that boundary fences remain in place.

 

The Chair advised that the Oteramika Presbyterian Parish has been closed.  He is concerned as to what is going to happen with the church bell and commented that as Chair he has been approached by residents of the area to purchase the bell.  He believes that the bell should stay in the District and is looking for suggestions on where it should be kept.

 

Moved Chairperson Waghorn, seconded Deputy Chairperson Hamill and resolved that the Gorge Road and Districts Community Development Area Subcommittee accepts the possession of the Oteramika Presbyterian Parish bell if offered.

 

 

 

Next Meeting

 

The next meeting of the Gorge Road and Districts Community Development Area Subcommittee Monday 21 November 2016 at 1pm.

 

 

 

The meeting concluded at 3.07pm.               CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Gorge Road and Districts Community Development Area Subcommittee HELD ON MONDAY 20 JUNE 2016.

 

 

 

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

 

 

 

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

 

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

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Annual Plan 2017/2018 - Confirmation of Budgets

Record No:        R/16/10/17835

Author:                 Brendan Gray, 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 Gorge Road and Districts Community Development Area Subcommittee 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 subcommittee 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 Gorge Road and Districts Community Development Area Subcommittee:

a)      Receives the report titled “Annual Plan 2017/2018 Confirmation of Budgets” dated 13 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 Gorge Road and Districts Community Development Area Subcommittee budgets from year three of the 10 Year Plan.

e)      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)

CDA Rate                                                                                                           $6,141

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

 


 

Content

Background

4       The draft budgets for the Gorge Road and Districts Community Development Area Subcommittee 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

 

Issues

6       There are no variances from what was originally included in year three of the 10 Year Plan and what is planned now.

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)

Gorge Road and Districts Community Development Area Subcommittee

Targeted Rate per Rating Unit

$31.18

$6,111

$31.65

$6,141

$31.33

$6,141

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.

Factors to Consider

Legal and Statutory Requirements

17     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

18     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

19      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

20      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

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

Recommended Option

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

Next Steps

23      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

24     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.

 

 

Attachments

There are no attachments for this report.  

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

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Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 31 October 2016

Record No:        R/16/10/16891

Author:                 Brendan Gray, Community Engineer

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Community Engineer’s Report

1.      An independent report regarding the trees at the Recreation Reserve was received and forwarded to CDA members.  This work has been assessed and priced by a qualified arborist.  The work includes:  Removing the dead trees, trimming the overhanging roadside trees, chipping the slash to stockpile beside the walking track and to leave the suitable wood in rings for the community to access for firewood.  A report has been included to Council as this is unbudgeted expenditure at a total cost of $7,700.00 and approval given by the ward Councillor to fund via reserves.

2.      The small signs for the recreation reserve have been changed as requested by the CDA. Final designs for your information.

3.      The approval from the Gorge Road School Board of Trustees has been received to cross the Ministry of Education land at the rear of the school for the loop walking track and this can now be progressed.  Some trees and broom have been shifted by Mr Waghorn and a rough plan established.  This will now be priced involving Wilson Contractors who are donating the gravel for the walking track.

4.      As reported last meeting, the unspent Taskforce maintenance funds were used to purchase another approximately 150 plants for the Recreation Reserve.  A day was spent with the Taskforce team and volunteers on 20 July to get these plants in the ground.  The area is now mostly filled with plants and periodic spraying, hand weeding or scrub bar cutting will be required by volunteers and Taskforce.

 


 

Water and Waste Engineer’s Report

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

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

Financial Considerations

Community Engineer Comments

7.      No concerns with current budgets early in the financial year.  These will be monitored and reported on as necessary.

Development and Financial Contributions

8.      The table below outlines the balances of Development and Financial contributions for your community to date.  Spending of these funds is considered by Council staff when projects are in the planning stage.  Once identified as a potential funding source for a project, confirmation from the Group Manager Services and Assets is sought before undertaking the project to ensure that the relevant policy and legislative requirements are met.

Sewerage

$29,989

Water

$5,489

Reserves

9.      Please find the Reserves Report attached.

 

Recommendation

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Works and Finance Report to Gorge Road and Districts Community Development Area Subcommittee for the period ended 31 October 2016” dated 10 November 2016.

 

Attachments

a         Gorge Road Financial Reports, 31 October 2016    

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

 

 


 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

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Financial Report to Gorge Road Community Development Area Subcommittee for the year ended 30 June 2016

Record No:        R/16/8/12473

Author:                 Brendan Gray, Community Engineer

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Summary of Reserve Movement

1       As illustrated on the attached business unit and reserve reports:

Business Units

Actual Transfer to/(from) Reserve

Budgeted Transfer to/(from) Reserve

23900 - Administration

$1,219

$829

23207 - Street Works

$1,388

-

23932 - Recreation Reserve

$3,961

-

Local Net Transfer to/(from) Reserves

$6,568

$829

2       As at 30 June 2016 the total funds held in reserves is $28,721.

Significant Budget Variances

3        Key reasons for the most significant budget variances are detailed below:

Street Works

No repairs were required within the township outside the normal roading routine maintenance umbrella hence the street works amount added to reserves.

4        Recreation Reserve

Two grants were received for work on the Gorge Road Recreation Reserve; the unspent funds have been transferred to reserves, and will be used to help fund the work to be carried out in the 2016/2017 year for the track extension and tree maintenance work.

 


 

Financial Considerations

Reserves

5        Interest has been allocated to the reserve accounts, calculated on the average balance of the reserves for the year, at an interest rate of 3.48%.  This interest is now included within the business units and found in the financial report.

 

Description: sdc_print

 

Gorge Road

Schedule of Reserve Balance

 

 

 

Recommendation

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Financial Report to Gorge Road Community Development Area Subcommittee for the year ended 30 June 2016” dated 26 October 2016.

 

Attachments

a         Gorge Road Annual Report Figures 30 June 2016    

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 


 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

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Recently adopted Bylaws and Policies

Record No:        R/16/9/16024

Author:                 Robyn Rout, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        This report notifies the Gorge Road and Districts Community Development Area Subcommittee of bylaws and policies that have recently been adopted by Council. Copies of the bylaws and policies are included as attachments to this document, for the Subcommittee’s information.

 

Bylaws and Policies

1        The Subcommittee will be aware, from previous correspondence, that Council have been reviewing and developing a number of policies and bylaws. On the 7th of September, Council adopted the following bylaws and policies, which came into effect on 1 October 2016:

·    The Cemetery Bylaw 2016;

·    The Cemetery Management Policy 2016;

·    The Ashton Flats Roading Bylaw 2016;

·    The Gambling Venue Policy; and

·    The TAB Venue Policy.

On 7 September Council also made the Signs and Objects on Roads and Footpaths Bylaw, and this will come into effect on 1 July 2017.

2        On the 28th of September, Council also adopted and made operative the Reserves Management Policy.

3        If any further clarification about the bylaws or policies is needed, please contact the Strategy and Policy team.

 

 

Recommendation

That the Gorge Road and Districts Community Development Area Subcommittee:

a)         Receives the report titled “Recently adopted Bylaws and Policies” dated 28 September 2016.

b)         Notes that the Cemetery Management Policy, the Cemetery Bylaw 2016, the Ashton Flats Roading Bylaw, and the Gambling Venue and TAB Venue policies came into effect on 1 October 2016.

c)         Notes that the Signs and Objects on Roads and Footpaths Bylaw 2016 will come into effect on 1 July 2017.

 

 

Attachments

a         FINAL Ashton Flats Roading Bylaw effective from October 2016

b         FINAL Cemetery Bylaw effective from October 2016

c         FINAL Cemetery Policy effective from October 2016

d         FINAL Gambling Venue Policy - effective from October 2016

e         FINAL TAB Venue Policy effective from October 2016

f          FINAL Signs and Objects on Roads and Footpaths Bylaw 2016 - effective from 1 July 2017

g         FINAL Reserves Management Policy - effective 28 September 2016    

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

a)                                                                                                                                                  

SOUTHLAND DISTRICT COUNCIL

 

ASHTON FLATS ROADING BYLAW 2016

 

 

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

 

 

1.         TITLE AND COMMENCEMENT

 

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

 

 

2.         DEFINITIONS

 

2.1     The Act means the Land Transport Act 1998.

 

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

 

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

 

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

 

 

3.         PURPOSE

 

3.1       The purpose of this bylaw is to:

 

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

 

3.1.2    Restrict vehicles which are unsuitable from using the Road.

 

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

 

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

 

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

 

 

4.         USE OF ROAD

 

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

 

4.2     Clause 4.1 does not apply to:

 

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

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

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

 

APPROVAL TO USE MOTOR VEHICLE ON ROAD

 

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

 

4.4       In deciding whether to grant approval under clause 4.3, and what, if any, conditions to impose, the Council shall take into account the purpose of this bylaw and any other matters it considers relevant in the circumstances.

 

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

 

4.6       The Council is not required to process or determine any application which is not made in accordance with clause 4.5.

 

 

5.         OFFENCES AND PENALTIES

 

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

 

 

6.         SCHEDULES

 

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

 

 

 

 

 

 

The common seal of the Southland District Council

was affixed in the presence of:

 

 

 

MAYOR:

 

 

 

 

 

CHIEF EXECUTIVE:

 

 

 

 


 


Gorge Road and Districts Community Development Area Subcommittee

21 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


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

 

SOUTHLAND DISTRICT COUNCIL

CEMETERY MANAGEMENT POLICY

 

 

This policy applies to: 

 

DOCUMENT CONTROL

 

Policy administrator:

Strategic Manager Property

TRIM reference number:

r/16/5/6739

Effective date:

1 October 2016

Approved by:

Council

Date approved:

7 September 2016

Next review date:

September 2026

 

 

CONTENTS

 

CEMETERY MANAGEMENT POLICY.. 1

1            PURPOSE.. 1

2            DEFINITIONS AND ABBREVIATIONS.. 1

3            SCOPE.. 2

4            POLICY DETAILS.. 2

4.1         Interments. 2

4.2         Exclusive Right of Burial 3

4.3         Burial of Her Majesty’s Service Personnel 4

4.4         Burials not managed by a Funeral Director 4

4.5         Disinterment 4

4.6         Cemetery Standards. 5

4.7         Cemetery Maintenance. 5

4.8         Funding, Fees and Charges. 6

4.9         Burial Charges:  Poor Persons. 6

4.10       Non-Council Controlled Cemeteries. 6

4.11       Cemetery Records. 7

4.12       Public Use of Cemeteries. 7

5            ROLES AND RESPONSIBILITIES.. 7

6            ASSOCIATED DOCUMENTS.. 7

7            REVISION RECORD.. 7

 


Gorge Road and Districts Community Development Area Subcommittee

21 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.


Gorge Road and Districts Community Development Area Subcommittee

21 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

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

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

ii.    is incorporated and conducted solely for authorised purposes.

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.

 

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

 

                        •           Name and contact details of the applicant.

                        •           Names of venue management staff.

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

                        •           Fees.

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

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

 

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

 

9.         COMMENCEMENT OF POLICY

 

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

 

            This Policy is effective from 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.

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 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.

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

POLICY:                                             TAB VENUE POLICY

 

 

GROUP RESPONSIBLE:                 Regulatory Services

 

 

DATE APPROVED:                          7 September 2016

 

 

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

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

 

 

FILE NO:                                            140/20/1/4         140/20/1/16          R/16/6/9302        

 

 

POLICY DETAIL:     

 

 

OBJECTIVES

 

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

 

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

 

POLICY

 

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

 

COMMENCEMENT OF POLICY

 

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

 

6.         This Policy is effective from 1 October 2016.

 

 

REVIEW OF POLICY

 

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

 


Gorge Road and Districts Community Development Area Subcommittee

21 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.

 

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

 

SOUTHLAND DISTRICT COUNCIL

RESERVES MANAGEMENT POLICY

 

DOCUMENT CONTROL

 

Policy Administrator:

Strategic Manager Property

TRIM reference number:

R/16/3/3262

Effective date:

28 September 2016

Approved by:

Council

Date approved:

28 September 2016

Next review date:

 

 

Contents

1.0       PURPOSE.. 1

2.0       SCOPE.. 1

3.0       DEFINITIONS.. 1

4.0       BACKGROUND.. 1

4.1       The Reserves Act 3

4.2       Local Context 3

5.0       POLICY STATEMENTS.. 3

5.1       Council Approval 3

5.2       General Access. 3

5.3       Pedestrian Access. 3

5.4       Vehicle Access. 4

5.5       Leases and Licences to Occupy. 4

5.6       Animals. 4

5.7       Aircraft and Helicopter Landings. 4

5.8       Sale and Consumption of Alcohol 4

5.9       Trading. 5

5.10    Fires. 5

5.11    Fireworks Displays. 5

5.12    Buildings and Structures. 5

5.13    Boundaries and Fencing. 6

5.14    Toilets. 6

5.15    Play Equipment 6

5.16    Signs and Interpretation.. 6

5.17    Electoral advertisements and hoardings. 6

5.18    Pest Plant and Pest Animal Control 6

5.19    Litter Control and Dumping. 6

5.20    Landscaping, Amenity Planting and Areas of Native Vegetation.. 7

5.21    Memorials. 7

5.22    Monuments, Artwork and Sculptures. 7

5.23    Outdoor Furniture. 7

5.24    Network Utility Infrastructure. 7

5.25    Lighting. 7

6.0       ROLES AND RESPONSIBILITIES.. 9

7.0       ASSOCIATED DOCUMENTS.. 9

8.0       REFERENCES.. 10

9.0       REVISION RECORD.. 10

 

 

 


Gorge Road and Districts Community Development Area Subcommittee

21 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.

 

Key Legislation:
Local Government Act 2002, Reserves Act 1977
Other Relevant Legislation:
Resource Management 1991, Historic Places Act 1993 and the Ngāi Tahu Claims Settlement Act 1998.
,Community Outcomes,Council Vision,Open Spaces Strategy

Provides strategic direction for consistent management of reserves and open spaces, to meet current and future needs.

,District Plan
Sets out the wider resource management context within which reserves are developed and maintained.  It also has impacts on funding and contributions towards reserves through developments.  
,Long Term Plan process
Sets the goals that have been agreed between Council and the community over a 10 year period.

Part of the Long Term Plan process is the Parks and Reserves Activity Management Plan. This explains how parks and reserves will be managed in practice.  It identifies key issues and states how Council will respond to changes in demand for parks and reserves.  




 

 

 

 


 


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»


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

sdclogo

 

Elected Members' Expense Reimbursements and Allowances

Record No:        R/16/7/10211

Author:                 Sheree Marrah, Finance Manager

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        The purpose of this report is to inform Community Boards and Community Development Area Subcommittees of the recent changes to Council’s Elected Members’ Remuneration and Reimbursements Policy and the associated impact on them.  The revised policy amendments were adopted by Council on 8 June 2016 and are effective from 1 July 2016.

Executive Summary

2        The Remuneration Authority (RA) sets the framework for the remuneration and reimbursement of local government elected members, namely the Mayor, Councillors and Community Board members.  Council recently reviewed its Elected Members’ Remuneration and Reimbursements Policy as a result of some minor changes required by the RA to mileage and travel time allowances. 

3        In undertaking the review, Council staff recommended a number of additional amendments to the policy to allow reimbursement of expenses and the payment of allowances to Community Board members and Council Subcommittee members. 

4        The revised policy includes the provision of mileage and travel time allowances as well as expenditure reimbursements for Community Board and Subcommittee members, in line with Councillors. 

Background

5        The RA sets the framework for the remuneration and reimbursement of local government elected members, namely the Mayor, Councillors and Community Board members.  The RA sets the maximum level of expenses and allowances available to elected members.  Council’s policy is required to be in alignment with the maximum levels set by the RA.

6        The previous Council policy mistakenly excluded Community Board members from receiving allowances.  As Council had no other formal policy on reimbursement and allowances for Council Subcommittee members, it was recommended that Subcommittees also be included in this policy.

7        The specific provisions relevant to Community Boards and Council Subcommittees incorporated into the revised policy are as follows:

·                      Mileage allowance, can be claimed in line with Councillors, where travel exceeds 30 kilometres within a day.  The mileage allowance will be paid to elected members at a rate of 74 cents per kilometre (consistent with the IRD rates) for the first 5,000 kilometres.  The rate for travel in excess of 5,000 kilometres will remain at 37 cents per kilometre.  The 30 kilometre round trip threshold (ie, 15 kilometres each way) applies to visits to Council offices (or other regular meeting venues deemed to be a Council office for the purpose of this policy).  For other Council requested travel by elected members, no threshold will apply.

·                      Travel time allowance, can be claimed in line with Councillors, at a rate of $37.50 per hour, where travel time exceeds 1 hour within a day.

·                      The policy states that where Community Board or Subcommittee meetings are held at a regular venue other than a Council office, this location will be deemed to be a Council office for the purposes of mileage and travel time allowances.

·                      Reimbursement for costs can be claimed for courses, seminars and training associated with the role of an elected member.  Associated travel and accommodation costs may also be reimbursed if in accordance with the policy.

·                      Community Board and Council Subcommittee members will not be eligible to claim the communication allowance stated in the policy.

8        In order to claim an allowance a claim form will need to be completed by the elected member (see sample claim forms attached).  For reimbursements a claim form will need to be completed and supporting invoices/receipts attached.  Completed forms will be submitted to the relevant Committee Advisor to arrange for approval and payment.

Funding

9        Although the revised change in mileage and travel time allowances for Community Board and Council Subcommittee members has not specifically been budgeted for in 2016/2017, it is anticipated that this will not be a significant cost to the communities as the majority of elected members live within 15 kilometres of their nearest Council office and travel less than one hour to attend meetings.

10      Payment of allowances and reimbursements will be funded from local operating budgets of the relevant Community Board or sub-committee. 

Policy

11      A copy of the revised policy, effective from 1 July 2016, is included as attachment A to this report.

 

Recommendation

That the Gorge Road and Districts Community Development Area Subcommittee:

a)      Receives the report titled “Elected Members' Expense Reimbursements and Allowances” dated 4 July 2016.

 

 

Attachments

a         FINAL Elected Members' Remuneration and Reimbursements Policy (effective 1 July 2016)

b         Elected Member Allowance Claim Form

c         Elected Member Expense Reimbursement Claim Form     


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 

POLICY:                                             ELECTED MEMBERS’ REMUNERATION AND REIMBURSEMENTS POLICY

 

 

GROUP RESPONSIBLE:                 Financial Services

 

 

DATE APPROVED:                          25/6/08, 26/5/10, 26/1/11, 6/4/11, 29/6/11, 9/10/13, 16/4/14, 8/6/16

 

 

EFFECTIVE DATE:                           1 July 2016

 

 

FILE NO:                                            10/4/3/1, 18/1/6/4, 240/10/7/8, 240/10/1/5, 240/10/1/6

                                                            140/20/1/4, 240/10/7/8, R/16/5/7922

 

 

POLICY DETAIL:

 

 

1.0     SCOPE

 

1.1     This policy provides the framework for:

 

(a)   Remuneration of the Mayor and Councillors;

(b)        Expenditure reimbursement and allowances for the Mayor and Councillors;

(c)        The salary of Community Board members; and

(d)        Expenditure reimbursement and mileage and travel time allowances for Community Board members;

(e)        Expenditure reimbursement and mileage and travel time allowances for the elected members of Council subcommittees.

 

 

2.0       BACKGROUND

 

2.1       Remuneration for the Mayor, Councillors and Community Board members, and also the rules relating to allowances and expenses are determined by the Remuneration Authority and reviewed on an annual basis.  Southland District Council is required to respond to the authority regarding remuneration and its policy for allowances and expenses. 

 

2.2       The attached schedule (Appendix A) outlines the dollar amounts which will be paid.  This schedule may be updated from time to time to reflect the most recent determination and advice of the Remuneration Authority including inflation adjustments. 

 

2.3       The Elected Members’ Remuneration and Reimbursements Policy is intended to reflect the relevant period’s Local Government Elected Members Determination.
If inconsistencies arise between this policy and the determination in regards to remuneration and allowance rates, Council will make payments to elected members in accordance with the relevant Local Government Elected Members’ Determination.

 


 

 

3.0     DEFINITIONS

 

Actual means as evidenced by the original receipt attached to the claim form.

 

Council shall mean the 13 elected members that form the governing body (Council) of the Southland District Council.

 

Chair shall mean the individual appointed the role of chairperson by formal resolution in the case of Council committees or elected to this role in the case of
community boards. 

 

Chief Executive shall mean the Chief Executive of Southland District Council.

 

Community Board Member shall mean any elected member of the eight community boards throughout the Southland District.  These are:  Edendale-Wyndham, Otautau, Riverton/Aparima, Stewart Island/Rakiura, Te Anau, Tuatapere, Wallacetown and Winton.

 

Subcommittee Member shall mean any elected member of a Council appointed subcommittee, including but not limited to the 9 Community Development Area (CDA) subcommittees throughout the Southland District.  The CDAs are:  Athol, Balfour, Browns, Centre Bush/Limehills, Colac Bay, Dipton, Garston, Gorge Road, Lumsden, Manapouri, Mossburn, Nightcaps, Ohai, Orepuki, Riversdale, Thornbury, Tokanui, Waikaia, Woodlands.

 

Council Business includes formal Council and community board meetings, committee meetings, workshops, seminars, statutory hearings, training courses, site visits and where required or invited by Council, meetings with staff, meetings with community groups or meetings with members of the public.  It does not include events where the primary focus is on social activity.

 

Councillor shall mean any of the 12 elected members of Council, including the Deputy Mayor, but excluding the Mayor.

 

Council office shall mean any of the seven Council offices throughout the Southland District.  These are: Invercargill, Wyndham, Riverton, Stewart Island, Te Anau, Otautau and Winton.  Where Community Board or subcommittee meetings are held at a regular venue other than a Council office, this location will be deemed to be a Council office for the purposes of this policy.

 

Elected member shall mean any of the Councillors, Community Board members, Community Development Area subcommittee members or other Council appointed subcommittee members.

 

Expenses means actual and reasonable expenses including but not limited to; accommodation, rental car, air travel, taxis, meals and refreshments, entertainment (hospitality), parking, sundry vehicle costs, alternative travel options and other such costs directly related to the business of Southland District Council.

 

Mayor shall mean the Mayor of Southland District Council.

 

Reasonable means that it is within the amount specified by this policy or as deemed reasonable by the Mayor and/or Chief Executive. 


 

Remuneration Authority is an independent body established by the Remuneration Authority Act 1977, with responsibilities under the Local Government Act 2002 to determine remuneration and expense/allowance rules for local authority members.

 

Southland District Council means the organisation established to administer Council affairs, conduct operations and bring effect to Council policy and strategies.

 

Travel includes journeys made by air and sea, travel by taxi and travel by hire vehicle or private vehicle.

 

Travel arrangements include accommodation, travel and seminar registration. 

 

 

4.0     REMUNERATION

4.1     Mayor and Councillors

 

4.1.1    The Mayor shall receive the full salary allowable by the determination of the Remuneration Authority, outlined in Appendix A.

 

4.1.2 In addition to the base salary, Councillors can receive extra remuneration for:

 

(a)        Positions of additional responsibility (including Deputy Mayor and Chair of various committees) and/or

(b)        Taking on significantly extra duties during the District Plan process. 

 

Additional remuneration will be made at the rates outlined below, which have been approved by the Remuneration Authority. 

 

Role

Additional amount

Deputy Mayor

+ 40% of a base councillor salary

Policy Review Committee chair

+ 20% of a base councillor salary

Venture Southland director

+ 15% of a base councillor salary

Activities Performance Audit Committee chair

+ 25% of a base councillor salary

 

4.1.3    In addition, 50% of a base councillor salary will be retained for allocation to members of the Resource Management Committee for District Plan review.  This will be payable to all members of the Resource Management Committee at the rate of $100 per day for District Plan review meetings. 

 

4.2     Community Board Members

 

4.2.1    Remuneration for Community Board members and chairs will be made at the full allowable rate determined by the Remuneration Authority, outlined in Appendix A

 

4.3     Subcommittee Members

 

4.3.1    No remuneration is payable to those appointed to subcommittees of Council.

 

 

5.0     EXPENDITURE REIMBURSEMENTS

5.1       Elected members will perform their roles in a manner that is most cost-effective for households and businesses.  Costs for expenses must have a justifiable business purpose, be moderate and conservative having regard to the circumstances, and be appropriate in all respects. 

 

5.2       Where possible, reimbursements will be based on actual incurred costs.  Where an allowance is made, this will be based on a fair and reasonable estimate consistent with the guidelines of the Remuneration Authority.

 

5.3       If applicable, where reimbursements are claimed it must be specified whether amounts are GST exclusive or GST inclusive. 

 

5.4       All actual reimbursements will be submitted on the appropriate form and supported by relevant invoices and/or documentation.

 

5.5       Expense claims will be approved as follows

           

Claim by the:

Approved by

Mayor

The Chair of the Activities Performance Audit Committee

Deputy Mayor

The Mayor

Councillors

The Mayor or Deputy Mayor

 

5.6       Expense claims for Community Board and Subcommittee members will be approved by the Mayor, Deputy Mayor or Chair of the Activities Performance Audit Committee.

 

5.7       No costs will be reimbursed where they are chargeable to others, including private companies.

 

5.8       Expenses for electioneering will not be reimbursed.

 

 

6.0     MILEAGE ALLOWANCE

6.1       The Mayor will be provided with a vehicle that will also be available for his/her private use.  A deduction will be made from his/her salary as determined by the Remuneration Authority.  The Mayor will not be able to claim for vehicle mileage. 

6.2       A mileage claim can be made where an elected member has been required or invited by Council to a meeting on Council business and is travelling in his/her own vehicle and is taking the most direct route reasonable in the circumstances. 

6.3       Where possible every effort should be made to share transport and reduce costs. 

6.4       Mileage claims are based on travel from the elected member’s normal residence to the meeting place. 

6.5       In accordance with the Remuneration Authority’s determination mileage allowance will be paid as follows:

            (a)        For travel to any Council office, mileage allowance will be paid for kilometres travelled beyond 15 km each way (ie, a 30 km round trip).  This distance is calculated from the elected member’s place of residence to the Council office. 

            (b)        For all other Council related travel, mileage allowance will be paid for the total kilometres travelled from the elected member’s place of residence.

6.6       For travel to any Council office where distance does not exceed 15 km each way (ie, a 30 km round trip), no mileage allowance will be paid.

6.7       The mileage rate will be paid at the full rate determined by the Remuneration Authority, outlined in Appendix A

 

 

 

 

7.0       TRAVEL TIME ALLOWANCE

 

7.1       Travel time will be paid to all elected members at the full allowable rate in accordance with the conditions outlined in the determination of the Remuneration Authority, outlined in Appendix A.

7.2       In accordance with the Remuneration Authority’s determination this allowance will only be paid where travel time exceeds 1 hour within a day.

7.3       In accordance with the Remuneration Authority’s determination, payment of travel time allowance will not be paid for positions which are considered to be full time.  Therefore, travel time allowance will not be paid to the Mayor. 

 

 

8.0     COMMUNICATIONS ALLOWANCE

 

8.1       An allowance will be paid to Councillors where they supply their own hardware for use in Council business.  No allowance is payable in respect of items provided by Southland District Council. 

 

8.2       The allowance for communications and technology will be paid at the full allowable rate determined by the Remuneration Authority, outlined in Appendix A.  The Mayor shall be provided with a mobile phone, laptop or tablet and accessories, and a broadband connection in lieu of the allowance.

 

8.3       No communications allowance is payable to Community Board members and members of Council subcommittees.

 

9.0     CONFERENCES, SEMINARS AND TRAINING

 

9.1       Conferences, courses, seminars or training events must contribute to the elected members’ ability to carry out council business. 

 

9.2       All elected members are entitled to payment of actual and reasonable registration, travel, accommodation, meal and related incidental expenses (including travel insurance) incurred in attendance at conferences, courses, seminars or training events, held both within New Zealand and overseas, subject to:

 

(a)        Related expenditure being accommodated within existing budgets, and

(b)        The appropriate approvals as outlined in this policy.

 

9.3       In respect of the Mayor, prior approval of the Deputy Mayor or Chair of Activities Performance Audit Committee is required for travel within New Zealand for Council business; attendance at conferences, courses, training events, seminars or other purposes associated with the position of Mayor. 

 

9.4       In respect of Councillors; attendance at these events when held in New Zealand must be approved by the Mayor and either the Deputy Mayor or Chair of Activities Performance Audit Committee.

 

9.5       In respect of Community Board and Community Development Area Subcommittee members; attendance at these events when held in New Zealand, prior approval must be obtained from the Mayor, Deputy Mayor or Chair of Activities Performance Audit Committee.

 

9.6       Attendance at conferences, courses, seminars or training events held overseas must be approved by the Council.

10.0     TRAVEL AND ACCOMMODATION

 

10.1     Where possible all travel arrangements will be made through the Executive Assistant to the Mayor. 

 

10.2     Where possible costs will be charged to Council; otherwise all fair and reasonable costs will be reimbursed.

 

10.3     Travel will be arranged in a manner that represents public value in consideration of location, timing and cost.  As appropriate, Council may choose to arrange air travel, travel by hire vehicle, travel by sea, travel by taxi or travel by bus. 

 

10.4     Taxi chits issued for travel to approved meetings or conferences will be used only for business purposes of Council.  Where a taxi chit has been obtained for purposes other than travel to approved meetings and conferences, any claim must be accompanied by appropriate documentation and reasons for the claim.

 

10.5     Unless otherwise approved, all international air travel will be economy class.  Stopovers during international air travel will be approved on a case-by-case basis.

 

10.6     Frequent flyer points earned by elected members on Council business may be used for private travel.

 

10.7     Due to the significant amount of air travel undertaken by the Mayor, Council will pay for membership of an Airline Club (such as the Koru Club).

 

10.8     Private accommodation may be used on occasions where it is considered appropriate and is approved by the Mayor, Deputy Mayor or Chair of Activities Performance Audit Committee.  If private accommodation is used, reimbursement will be fair and reasonable and will not exceed the cost of obtaining accommodation or meals from another source such as a motel or hotel.

 

10.9     Where Council approves the attendance of the spouse/partner of the Mayor or any Councillor at conferences or meetings, fair and reasonable actual costs will be reimbursed.


 

APPENDIX A

SCHEDULE OF REMUNERATION AND REIMBURSEMENT AMOUNTS

 

 

Remuneration of the Mayor and Councillors

Mayor                                                                                    $104,301[1]

Deputy Mayor                                                                         $36,019

Policy Review Committee Chair                                             $30,874

Venture Southland Director                                                     $29,587

Activities Performance Audit Committee Chair                      $32,160

Councillor                                                                                $25,728

 

Available to Resource Management Committee during the District Plan, 50% of a Councillor salary, paid $100 per day.

 

Expenditure Reimbursement for the Mayor and Councillors

Mileage Rate (first 5,000 km per annum)                           0.74 per km

Mileage Rate (above 5,000 km per annum)                       0.37 per km

 

Personal Computer                                                       $150 per annum

Electronic Tablet                                                           $150 per annum

Printer                                                                             $40 per annum

Telephone                                                                       $60 per annum

Internet Connection (maximum)                                  $250 per annum

Telephone/Mobile Phone Calls (maximum)                 $400 per annum

 

Salary of Community Boards

 

Chairperson

Member

Edendale/Wyndham Community Board

$4,510

$2,255

Otautau Community Board

$7,175

$3,588

Riverton/Aparima Community Board

$6,355

$3,178

Stewart Island/Rakiura Community Board

$2,665

$1,333

Te Anau Community Board

$10,250

$5,125

Tuatapere Community Board

$4,305

$2,153

Wallacetown Community Board

$2,665

$1,333

Winton Community Board

$8,815

$4,408

 

Travel time allowance is paid at a rate of $37.50 per hour for travel that exceeds one hour per day.  Travel time is payable to elected members who are not considered to be full time and is only payable for travel relating to Southland District Council business.  Travel time allowance is payable in respect of the quickest form of transport reasonable in the circumstances.

 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 


 


Gorge Road and Districts Community Development Area Subcommittee

21 November 2016

 


 

     



[1]       Before adjustment for private use of motor vehicle of $4,247.