Notice is hereby given that a Meeting of the Regulatory and Consents Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 7 March 2018

1pm

Council Chambers
15 Forth Street, Invercargill

 

Regulatory and Consents Committee Agenda

OPEN

 

 

MEMBERSHIP

 

Chairperson

Gavin Macpherson

 

 

Mayor Gary Tong

 

Councillors

Brian Dillon

 

 

Paul Duffy

 

 

Darren Frazer

 

 

Julie Keast

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Group Manager, Environmental Services

Bruce Halligan

Committee Advisor

Alyson Hamilton

 

 

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 – Regulatory and Consents Committee

 

The Regulatory and Consents Committee is responsible for overseeing the statutory functions of the Council under the following legislation (but not limited to the following):

·                 Resource Management Act 1991

·                 Health Act 1956

·                 Food Act 2014

·                 Dog Control Act 1996

·                 Sale and Supply of Alcohol Act 2012

·                 Heritage New Zealand Act Pouhere Taonga Act 2014

·                 Building Act 2004

·                 Freedom Camping Act 2011

·                 Psychoactive Substances Act 2013

·                 Impounding Act 1955

 

 

The Regulatory and Consents Committee is delegated the authority to undertake the following functions in accordance with the Council’s approved delegations register:

 

(a)                  Maintain an oversight of the delivery of regulatory services;

(b)                 Conduct statutory hearings on regulatory matters and undertake and make decisions on those hearings (excluding matters it is legally unable to make decisions on as legislated by the Resource Management Act 1991);

(c)                  Appoint panels for regulatory hearings;

(d)                  Hear appeals on officer’s decisions to decline permission for an activity that would breach the Southland District Council Control of Alcohol Bylaw 2015;

(e)                  Approve Council's list of hearings commissioners (from whom a commissioner can be selected) at regular intervals and the Chief Executive Officer be authorised to appoint individual Commissioners for a particular hearing;

(f)                    Make decisions on applications required under the Southland District Council’s Development and Financial Contribution Policy for remissions, postponements, reconsiderations and objections;

(g)                  Approve Commissioners and list members under the Sale and Supply of Alcohol Act  2012;

(h)                  Exercise the Council's powers, duties and discretions under the Sale of Liquor Act 1989 and the Sale and Supply of Alcohol Act 2012;

(i)                    Hear objections to officer decisions under the Dog Control Act 1996.

 

 

The Regulatory and Consents Committee shall  be accountable to Council for the exercising of these powers.

 

 

The Regulatory and Consents Committee is responsible for considering and making recommendations to Council regarding:

(a)                 Regulatory policies and bylaws for consultation;

(b)                Regulatory delegations;

(c)                 Regulatory fees and charges (in accordance with the Revenue and Financial Policy)

(d)                Assisting with the review and monitoring of the District Plan.


Regulatory and Consents Committee

07 March 2018

 

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         Environmental Services Group Update report for 7 March 2018 Regulatory and Consents Committee meeting                                                                                                                 13

7.2         Dangerous, Affected and Insanitary Buildings Policy                                                               19   


1             Apologies

 

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

 

2             Leave of absence

 

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

 

3             Conflict of Interest

 

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

 

4             Public Forum

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

 

5             Extraordinary/Urgent Items

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

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

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

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

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

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

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

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

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

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

 

6             Confirmation of Minutes

6.1             Meeting minutes of Regulatory and Consents Committee, 16 November 2017

 


 

Regulatory and Consents Committee

 

OPEN MINUTES

 

 

Minutes of a meeting of Regulatory and Consents Committee held in the Council Chambers, 15 Forth Street, Invercargill on Thursday, 16 November 2017 at 9am.

 

present

 

Chairperson

Gavin Macpherson

 

Councillors

Brian Dillon

 

 

Darren Frazer

 

 

Julie Keast

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Group Manager Environmental Services, (Bruce Halligan), Environmental Health Manager (Michael Sarfaiti), Team Leader, Building Solutions (Michael Marron), Team Leader, Resource Management (Marcus Roy),  Building Control Senior, Peter Meikle, Roving Museum Officer, Johanna Massey and Committee Advisor, (Alyson Hamilton).

 

 


1             Apologies

 

Moved Cr Frazer, seconded Cr Dillon and resolved:

That the Regulatory and Consents Committee accept the apologies for non-attendance from Mayor Tong and Councillor Duffy.

 

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 Cr Dillon, seconded Cr Paterson  and resolved:

That the Regulatory and Consent Committee confirms the minutes of the meeting held on 15 August 2017 as a true and correct record of that meeting.

 

Reports

 

8.1

Presentation by Roving Museum Officer on recent work on Stewart Island/ Rakiura

Record No: R/17/10/24024

 

Johanna Massey, Roving Museum Officer, was in attendance and presented a power point presentation on important and interesting heritage preservation work undertaken on Stewart Island/Rakiura.

 

Ms Massey responded to queries raised by Members relating to ongoing research, volunteer and expert assistance and use of technology to store information.

 

 

Resolution

Moved Cr Keast, seconded Cr Paterson  and resolved:

That the Regulatory and Consents Committee:

a)            Receives the report titled “Presentation by Roving Museum Officer on recent work on Stewart Island/ Rakiura ” dated 6 November 2017.

 

Reports for Recommendation

 

7.1

Action Plan for the implementation of Earthquake-prone Buildings Regulations 2016

Record No: R/17/10/25236

 

 

 

Michael Marron, Team Leader, Building Solution, and Peter Meikle, Building Control Senior, were in attendance for this item.

Mr Meikle advised the purpose of this report is to outline Council’s requirements under the Earthquake-prone Buildings (EPBs) Regulations 2016 and to demonstrate how these requirements are going to be met by the Southland District Council.

Mr Meikle informed New Zealand is extremely prone to seismic activity and ensuring the safety of people is paramount. Buildings need to be safe for occupants and users.

Mr Meikle explained the Building (Earthquake-prone Buildings) Amendment Act 2016 introduced major changes to the way EPBs are identified and managed under the Building Act. It uses knowledge learned from past earthquakes in New Zealand and overseas.

The Committee noted the system established via the Amendment Act is consistent across the country and focuses on the most vulnerable buildings in terms of the safety of persons.

Mr Meikle advised it categorises New Zealand into three seismic risk areas and sets time frames for identifying and taking action to strengthen or remove EPBs.

Mr Meikle informed it provides more information for people using buildings such as nationally consistent EPB notices with ratings for EPBs, and a public EPBs register.

The Committee was informed under the new system for managing EPBs territorial authorities, engineers and building owners have key roles to play.

Mr Meikle advised these are set out in the Building Act and can be summarised as:

     territorial authorities identify potentially EPBs

     owners who are notified by their territorial authority must obtain engineering assessments of the building carried out by suitably qualified engineers

     territorial authorities determine whether buildings are earthquake-prone, assign ratings, issue notices and publish information about the buildings in a public register

     owners are required to display notices on their building and to remediate their building.

Mr Meikle explained the Building Act also divides New Zealand into three seismic risk areas - high, medium and low.   Mr Meikle added the Southland District Council has all three zones.

The Committee noted there are set time frames, based on these seismic risk areas. They include time frames for territorial authorities to identify potentially EPBs and for building owners to assess and remediate EPBs.

The Committee queried the number of EPBs in Southland District.

Mr Marron responded advising approximately 1,200 buildings are considered earthquake prone.  Mr Marron clarified staff undertake an assessment of the outside of the building only. 

Mr Marron explained that building staff can advise the property owner of a potential issue with their building  and suggest that the property owner obtain an engineer’s report to ascertain the building.

 

 

Resolution

Moved Cr Frazer, seconded Cr Dillon  and resolved:

That the Regulatory and Consents Committee:

a)            Receives the report titled “Action Plan for the implementation of Earthquake-prone Buildings Regulations 2016” dated 6 November 2017.

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)           Agrees to the Action Plan for the implementation of Earthquake-prone Buildings Regulations 2016.

 

7.2

Winton Air Quality

Record No: R/17/10/25349

 

 

 

Michael Sarfaiti, Environmental Health Manager, was in attendance for this item.

Mr Sarfaiti advised the purpose of the report is for the Committee to consider the recommendations from the Winton Community Board, concerning air quality.

Mr Sarfaiti explained the Board at its meeting on 9 October 2017, resolved to make recommendations to both Environment Southland (ES) due to ES requirement to administer the Resource Management (National Standards for Air Quality) Regulations 2014  and Southland District Council (SDC) who has a duty under the Health Act 1956 to improve, promote and protect public health, for the purpose of improving air quality in the town.

The Committee agreed that based on the results of the survey, there appears to be a strong mandate from the residents for clean air, improved health and a reduction to pollution.

 

 

Resolution

Moved Cr Keast, seconded Cr Frazer  and resolved:

That the Regulatory and Consents Committee:

a)            Receives the report titled “Winton Air Quality” dated 6 November 2017.

 

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

 

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

 

d)           Requests the Manager of Environmental Health to work with Environment Southland to increase awareness of subsidies available, promote the free home health checks, and complete educational initiatives.

 

e)            Recommend to Council that it approves the extension of the Southland District Council wood burner free building consent incentives scheme until 31 December 2020.

 

7.3

Dog Control Amnesty

Record No: R/17/10/25389

 

 

 

Michael Sarfaiti, Environmental Health Manager, was in attendance for this item.

Mr Sarfaiti advised the purpose of the report is for the Committee to consider recommending to Council that a dog control amnesty is conducted.

Mr Sarfaiti explained this is a follow-up report from the staff report Dog Attacks - Research and Recommendations dated 17 May 2017.

Mr Sarfaiti advised non-registration history is a significant factor in attacks.

The Committee noted other councils have completed amnesties successfully, and an amnesty may prove effective in lowering the dog control risk in the District by the registration of unregistered dogs.

Mr Sarfaiti advised there are two basic types of amnesty that Council could consider:

  1. A focus on menacing dogs be breed, in particular American Pit Bull Terriers. This may also include cheap or free de-sexing.

 

  1. Unregistered dogs generally, that would also capture menacing breeds.

Mr Sarfaiti highlighted two options for the Committee’s consideration.  Members felt option two being the preferred option, of making a recommendation to Council to authorise staff to complete an amnesty primarily as an attack prevention measure.

Mr Sarfaiti further sought an additional recommendation (e) that the Committee supports the amnesty being combined with any other southern council that resolves similarly, provided any district funding of desexing is limited to dogs that are ordinarily kept in the Southland District, and provided that a combined approach does not impose undue delays in progressing the amnesty.”

 

The Committee agreed to the addition of recommendation (e).

 

 

Resolution

Moved Cr Dillon, seconded Cr Frazer  and resolved recommendations a to c, with an addition of e (as indicated):

That the Regulatory and Consents Committee:

a)            Receives the report titled “Dog Control Amnesty” dated 2 November 2017.

 

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)           Makes a recommendation to Council to authorise staff to complete an amnesty for unregistered dogs, including offering free de-sexing for menacing dogs in early 2018.

 

e)           Supports the amnesty being combined with any other Southland territorial authority which resolves similarly, provided that any funding of dog desexing provided by the Southland District is used solely for desexing dogs that are normally kept in the Southland District, and provided that a combined approach does not impose undue delays in progressing the amnesty.”

 

 

 

 

The meeting concluded at 10.10am                     CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Regulatory and Consents Committee HELD ON THURSDAY 16 NOVEMBER 2017.

 

 

 

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

 

 

 

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

 


Regulatory and Consents Committee

7 March 2018

 

Environmental Services Group Update report for 7 March 2018 Regulatory and Consents Committee meeting

Record No:             R/18/2/3169

Author:                      Bruce Halligan, Group Manager Environmental Services

Approved by:         Bruce Halligan, Group Manager Environmental Services

 

  Decision                                        Recommendation                                  Information

 

 

 

1.       This report is for the Committee’s information only, to update Committee members on progress on some key workstreams across the Environmental Services Group.

2.       The report has been ordered in accordance with each of the 3 teams within the Group – Resource Management, Environmental Health/Animal Control and Building Solutions

Resource Management:

Milford Sound Activity

3.       The Resource Management team has been receiving a number of requests and applications relating to additional development activity at Milford. This is not surprising, having regard to the significant ongoing tourism growth in the area. When processing such requests for information/applications, the Council has to have high regard under both the Resource Management Act 1991 and the Building Act 2004 to the significant natural hazards which exist in the locality such as the potential for rock fall, flooding from the Cleddau River and the nationally - recognised tsunami hazard in the area. This to date has not translated into a “no go” for new development, but the Council seeks to ensure that applicants have a thorough awareness of these hazards and a process has also been established to mitigate Council liability.

National Planning Standards

4.       As part of the Resource Management Amendment Act 2017 the Ministry for the Environment is developing National Planning standards which will be binding on all Councils. These seek to standardise many elements of Councils’ planning documents and thereby streamline the planning system and reduce inconsistencies. The Ministry for the Environment website includes the following explanatory content on these standards.

 

5.       The first set of draft National Planning Standards is due for release indicatively in April 2018. The shape of these standards could have significant implications for the Southland District Council, bearing in mind that the Council has only recently made its District Plan fully operative after a very significant effort in terms of staff and elected representative time and financial resource.

6.       The form and content of these draft standards is also highly relevant in terms of the potential to consolidate Southland Councils’ planning documents in the future.

7.       In that regard, a cross-Council team has been established to take a shared approach to submitting on these standards when they become available. There is no formal right to be heard in relation to a submission.

8.       Also linked to this is the potential development of a Regional Spatial Plan for Southland, which was a key recommendation flowing from the Ease of Doing Business workstream of the Southland Regional Development Strategy. This inter-Council planning team will also be looking at the implications of the National Planning Standards for advancing this Southland spatial planning work. It is also important to note that Southland spatial planning should not be done in isolation to the significant growth node which the Queenstown Lakes District Council represents to the north , and obviously also needs to have regard to other major environmental influences such as climate change and water quantity and quality.

 

Shared Approach to Landscape Assessment

9.       Committee members will recall that Resource Management staff have discussed the potential to take a shared approach with other Southland Councils to undertaking further landscape assessment across the Southland region, and Committee support was expressed for this shared approach.

10.     A staff steering group with representatives from Environment Southland, Gore District Council, Invercargill City Council and Southland District Council has now progressed this, and has called for expressions of interest (coordinated through Environment Southland) from suitably qualified landscape consultants for this work.

11.     These expressions of interest have recently been assessed against a range of attributes and a selection process is nearing conclusion. The Southland District Council financial contribution to this will be within allocated budget. However, it is also very important for the Committee to recognise that the initial expert assessment is only one part of a wider process - particularly should such assessment eventually translate into more detailed District Plan protection proposed for private property.

12.     The Committee will be further informed at a later date of subsequent developments within this work stream.

Building Solutions

IANZ 2019 Reaccreditation

13.     Committee members will recall that in early 2017 the Council’s Building Solutions team successfully completed the International Accreditation New Zealand (IANZ) 2- yearly reaccreditation audit, to enable it to continue to issue building consents. One Corrective Action Required (known as a CAR) was identified, along with several strong recommendations for improvement, and these have been subsequently actioned.

14.     While the next audit is not scheduled until March 2019, a project team has been formed to take a team approach to preparing for this audit in order to ensure that the Council is well-positioned early for the next audit process.

15.     While primarily drawn from the Building Control team and with the GM Environmental Services also a team member, other members also include representatives from the Knowledge Management, Finance and Resource Management teams. This will assist with knowledge sharing and also creating some personal development opportunities, as compared to taking an approach where only 1 or 2 people undertake all the preparatory work for this very important audit process.

16.     A part of this team’s functions will be focusing on recent audits of other recent Building Control Authorities and ensuring issues highlighted by those are suitably addressed.

Online Lodgement and Processing

17.     Committee members will possibly recall that a key element of the Building Solutions Activity Management Plan was to transition to online lodgement and processing of building consents, preferably in a two year timeframe. Many Councils already have this capability.

18.     This also links to the wider Cores Systems Review programme which the Council’s Chief Information Officer Mr Damon Campbell is leading.

19.     At the initial stages, a brainstorming session has been held with an external facilitator in late November 2017, and various available software packages have been viewed.

20.     The brainstorming session highlighted the importance of honing our processes to be as efficient and effective as possible, before considering what that means for software/systems, rather than the other way around. 

21.     It is also hoped that as part of this process, it may be feasible to move down a path which is consistent with Gore and Invercargill City Council, who are at similar stages in this transition process to Southland District. This would be consistent with the Southland Regional Development Strategy Ease of Doing Business programme, which highlighted shared/consistent Building Act processes and systems as a key opportunity.

Staff Changes in the Building Solutions team

22.     In December 2017, the Council received the resignation of Keri Longman, Team Leader of Building Administration (who had over 30 years’ service to Southland District and before that Southland County Councils) and Peter Meikle and Aidan Baron, Senior Building Solutions Officer and Building Solutions Officer. 

23.     Recruitment processes are being undertaken at the time of writing, and Pippa Jones has been appointed to the position of Building Solutions Officer, commencing 19 March 2018.

24.     These resignations have placed some additional pressures on the Building Solutions team, but the team is working very diligently to seek to ensure that customer service and processing times are not significantly adversely affected.

Earthquake Prone Buildings- Consultation on Priority Routes

25.     As part of the implementation of the Building (Earthquake Prone Buildings) Amendment Act 2016, Councils are required to consult with their communities to identify priority transport and pedestrian routes. The extent to which these are identified has implications for the number of buildings within the District likely to be identified as earthquake prone. The Council’s Communications Team is working closely with the Council’s Team Leader of Building Solutions, Mr Marron, to frame this consultation.

Environmental Health/Animal Control

Dog Control Registration Amnesty

26.     As authorised by the full Council pre-Xmas ( as the Regulatory and Consents Committee does not have financial delegations), a dog registration amnesty is being run for two months until mid-April 2018 , when people with unregistered dogs domiciled in the Southland District can get their dog registered for free.

27.     There is a strong link between unregistered dogs and dog attacks, which is the driver for the amnesty, and various Councils around New Zealand have undertaken similar exercises.

28.     At the time of writing, this amnesty has only just started so therefore the level of success of this amnesty is unknown at this stage, but will be reported back to the Committee in due course.

Freedom Camping

29.     This has continued to remain a relatively hot topic both at a national and local level.

30.     Nationally the Minister of Tourism has formed a new forum with 22 mayors ( including Mayor Tong) to focus on this issue , and some Councils ( most notably Queenstown Lakes) have moved to significantly tighten their freedom camping regimes.

31.     Locally, the freedom camping ranger in the Te Anau – Manapouri area (a shared service with DOC) has continued, and a new shared service ranger with DOC and Clutha District Council is in its first season. Additional arrangements have also been made with regard to the enforcement of the Lumsden provisions of the Council’s Freedom Camping bylaw, and the Council’s Manager of Environmental Health Mr Sarfaiti is to be commended for his proactive work with these arrangements.

32.     Council continues to receive sporadic complaints about freedom camping, although these are not noticeably centred in any specific location and the concerns anecdotally do not seem to be as strong as from some other parts of New Zealand. Numbers generally seem on a par with last year, although again this is reasonably anecdotal as we do not have a formal system for recording freedom campers in the District at present.

Dog Registration processes 2018/2019

33.     With over 13,000 registered dogs in the District, the annual dog registration process is a major body of work for the Council’s Animal Control and Customer Support teams.

34.     2017/2018 was the first full year of the Council’s tiered dog registration fees structure (with discounts for fencing, neutering and microchipping to seek to drive responsible dog ownership behaviours).

35.     Generally this has bedded down reasonably well, but the learnings from the 2017/2018 process have been brainstormed with relevant staff and some changes made following this, including some greater clarity in the form itself to ensure all relevant information is captured. Two new Rangers have been appointed following the retirement of Cr Ford, who was Council’s long serving Honorary Dog Ranger on the Island. Council’s two Recycling Technicians, Alistair Faulknor and Stuart McKenzie, have been appointed Dog Rangers and also will have general enforcement functions, in particular noise control and freedom camping.  While there is not a significant demand for Ranger services on the Island, this arrangement will provide excellent coverage for when such services are required.

 

 

Recommendation

That the Regulatory and Consents Committee:

a)            Receives the report titled “Environmental Services Group Update report for 7 March 2018 Regulatory and Consents Committee meeting” dated 28 February 2018.

 

 

Attachments

There are no attachments for this report. 

 


Regulatory and Consents Committee

7 March 2018

 

Dangerous, Affected and Insanitary Buildings Policy

Record No:             R/18/2/3517

Author:                      Robyn Rout, Policy Analyst

Approved by:         Bruce Halligan, Group Manager Environmental Services

 

  Decision                                        Recommendation                                  Information

 

 

Purpose

1        The purpose of this report is to:

a)   discuss legislative changes that impact on Council’s current Earthquake-Prone, Dangerous and Insanitary Buildings Policy 2011 (the current Policy), and

b)   to seek the Committee’s feedback on a draft Dangerous, Affected and Insanitary Buildings Policy 2018 (the draft Policy).

Executive Summary

2        In 2016, Parliament adopted amendments to the Building Act 2004 (the Act) which introduced a new national system for managing earthquake-prone buildings. Statutory provisions now outline how earthquake-prone buildings are identified and managed.

3        Council’s current Earthquake-Prone, Dangerous and Insanitary Buildings Policy 2011 was prepared prior to this 2016 amendment and outlines how Council will identify and manage earthquake-prone, dangerous and insanitary buildings. Council is still required to have a dangerous and insanitary buildings policy under the 2016 amendment, but it is no longer required to have an earthquake-prone buildings policy. The new statutory provisions override the parts of Council’s current Policy that relate to earthquake-prone buildings.

4        With the earthquake-prone buildings part of the current Policy being obsolete, staff are presenting a revised policy, which just covers dangerous and insanitary buildings. There is a new legislative requirement to include ‘affected’ buildings in the policy (the meaning of “affected” is explained below), so this change has been included. A draft version of the policy is being presented to the Regulatory and Consents Committee (the Committee) with this report (see Attachment A), and staff are seeking feedback. Any such feedback would then be incorporated into this draft Policy, prior to it being presented to Council.

 

Recommendation

That the Regulatory and Consents Committee:

a)            Receives the report titled “Dangerous, Affected and Insanitary Buildings Policy” dated 28 February 2018.

 

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)           Notes the legislative changes to the Building Act 2004 that makes the parts of the current ‘Earthquake-Prone and Insanitary Buildings Policy’ that relate to earthquake-prone buildings, obsolete.

 

e)            Considers the draft Dangerous, Affected and Insanitary Buildings Policy 2018 and provides feedback.

 

f)             Recommends that the draft Dangerous, Affected and Insanitary Buildings Policy 2018 be adopted for consultation by Council, subject to any changes the Committee may request being made prior to presentation to Council.

 

 

Background

5        In May 2016, Parliament passed the Buildings (Earthquake-prone Buildings) Amendment Act 2016, which changed a number of provisions in the Act. The amendments introduce a nationally consistent approach to the assessment and management of earthquake-prone buildings, along with a standardised notice and national public register of earthquake-prone buildings.

6        Council currently has a policy which outlines how Council will identify and manage earthquake prone, dangerous and insanitary buildings, called the Earthquake-Prone Dangerous and Insanitary Building Policy 2011. The new legislation overrides the parts of the current Policy that relate to Earthquake-prone buildings, and renders this content of the current Policy obsolete.

7        Council is meeting its new legislative obligations in relation to earthquake-prone buildings flowing from the 2016 amendments to the Act through an Action Plan that has been presented to and endorsed by Council. This is a separate work stream to progressing this draft Policy.

Issues

8        Staff are proposing that a draft Policy is progressed, which will outline Council’s position on dangerous and insanitary buildings.

9        In 2013, a legislative change was made and section 132A of the Act now requires that “a territorial authority must amend an existing policy to take into account affected buildings”.

10      An “affected building” is defined in the Act as a building that is “adjacent to, adjoining or nearby a dangerous building”. The Act also gave Council powers in relation to affected buildings. The draft Policy states how Council will both identify and assess, and take action on, dangerous and affected buildings.

11      The draft Policy resembles the current Policy as it states that when a dangerous building is not immediately dangerous, then before Council takes action under the Act, it will liaise and consult with affected owners to try get the owners to produce a mutually acceptable formal proposal on how the problem will be rectified.

12      If, after a reasonable period of time, a mutually acceptable proposal has not been achieved, or if a dangerous or affected building is considered to be immediately dangerous, Council will take steps in accordance with the Act. The Act has specific provisions that state how Council must assess buildings, give notice requiring work or restricting entry, and also as to when Council can step in and carry out work.

13      The draft Policy does not propose a significant change in policy content – it is similar to the current Policy.

Factors to Consider

Legal and Statutory Requirements

14      Section 131 of the Act requires Council to have a dangerous and insanitary buildings policy. Council is required to state the approach that it will take in performing its function, its priority in performing those functions, and how the policy will apply to heritage buildings.

15      A dangerous and insanitary buildings policy must be adopted, amended or replaced in accordance with the Special Consultative Procedure outlined in section 83 of the Local Government Act 2002. After a dangerous and insanitary buildings policy is adopted it must be reviewed at intervals of not more than 5 years, but it does not cease to have effect because it is due for review.  

Community Views

16      Council is required to undertake consultation on the policy, in accordance with the Special Consultative Procedure. This means there would be a consultation period of at least one month where anyone interested in the policy will have the opportunity to present their views. With this consultation process, people also have the opportunity to present their submission orally to Council.

Costs and Funding

17      There would only be minor costs associated with progressing the draft Policy, including the costs associated with staff time and advertising. These costs would be met within current budgets.

Policy Implications

18      As only minor amendments have been made to Council’s policy approach to dangerous and insanitary buildings, if the draft Policy is adopted in its current form, it would not substantially alter the way Council identifies and manages dangerous and insanitary buildings.

19      The draft policy is quite closely aligned with the policies adopted by Invercargill City Council, Queenstown Lakes District Council and the Gore District Council. This has been done to help ensure there is a consistent approach throughout the southern region, which should make implementation easier and more consistent.

20      If Council was to adopt the draft Policy in its current form, there would be no impact on fees as the draft Policy would not impact the day-to-day actions of Council. 

Analysis

Options Considered

21      The Committee could either:

a)   Consider the draft Policy, support the approach taken and provide any feedback; or

b)   Consider the draft Policy and propose a different way forward.

Analysis of Options

Option 1 – Consider the draft Policy, support the approach taken and provide any feedback

Advantages

Disadvantages

·        Staff will know the Committee’s view on the draft Policy.

·        Replacing the current Policy with the draft Policy would prevent Council having an operative policy that is, in part, obsolete.

·        The draft Policy would be legally compliant.

·        Feedback would still be obtained on the draft Policy, through the public consultation process.

·        No known disadvantages

 

Option 2 – Consider the draft Policy and propose a different way forward

Advantages

Disadvantages

·        Would provide clarity on the Committees preferred approach.

·        Council would still be legally required to have a dangerous and insanitary buildings policy that takes into account affected buildings.

·        A change in approach may mean it takes longer for Council adopt a new policy and replace the current Policy that is, in part, obsolete.

 

Assessment of Significance

22      It has been identified that this matter has a lower level of significance, in relation to Council’s Significance and Engagement Policy and the Local Government Act 2002.

Recommended Option

23      Staff recommend Option 1 - that the Committee considers the draft Policy, supports the approach taken and provides any feedback.

Next Steps

24      If the Committee support the approach taken in the draft Policy, staff will make any amendments/changes recommended by the Committee, and present the draft Policy to Council. Council will be asked to endorse the draft Policy (with any desired changes), and to put the draft Policy out for consultation in accordance with the Special Consultative Procedure.

25      It is proposed that the consultation process will take place in the middle of this year, after Council has finished engaging with the community on the Long Term Plan 2018-28 and the Representation Review.

 

Attachments

a             Draft Dangerous, Affected and Insanitary Buildings Policy 2018

b             Earthquake-prone, Dangerous and Insanitary Buildings Policy 2011    


 

 

 


Regulatory and Consents Committee

07 March 2018

 


 


 


 


 


 

 

 

 


Regulatory and Consents Committee

07 March 2018